Legal Discussion Of Employee's Whistleblowing

In recent years,companies have been exposed to the problems of product quality that may has potential safety hazards,and the laborer is one of the reporter.Whistleblowing play the vital role when the employer have improper behavior such as food insecurity,environmental pollution,etc.As an important social value,it not only can maintain the public interest,but also can save the cost of enforcement for government departments.In addition,whistleblower can supervise the employer to standardized operation.In spite of that,some employer choose to retaliate against the whistleblower by looking for reasons as that their direct economic interests was damaged.The act of retaliation includes reduction in salary,demotion and relief the labor relationship.This adverse treatment make workers' rights unprotected.At the same time,it dampened the confidence of other workers in safeguarding public welfare.It is worth noting that it will also have a negative impact if the revelation are not true.False news can waste social resources.In the meantime it will lead to negative impacts on employers and even cause a serious decline in their economic interests.Therefore this is a topic worth exploring about how to define the whistleblowing and how to protect whistleblower in legislation.This article uses Wal-Mart's Black Oil Event and Fuxi's expired meat event as a point of introduction.After analyzing the relevant legal issues behind the whistleblowing in our country,then it proposes that we should establish an identification mechanism on whistleblowing.Finally,it also put forward some measures to safeguard the legitimate rights of whistlers.This article is divided into five parts:The first part: Pose a questions.This part make a brief introduction about WalMart's black oil incident and Fuxi's expired meat event and we can get some inspiration behind the whistleblowing of employee.That is the identification of whistleblowing and the necessity of establishing a whistleblowing protection mechanism.The second part: The basic theory of the whistle of employee.It mainly explained the connotation and characteristics of the whistleblowing.The sense and rational foundation of whistleblowing are illuminated in this section.From these presentations,we further affirm the social value of whistleblowing.This will provide a theoretical basis for the protection of the employee who whistle their organization.The third part: The problems of whistle system existed in our country.It mainly manifested in the two aspects,on the one hand is lacking of corresponding legal basis as a support and on the other hand is that it is difficulty in winning the lawsuit for laborer.The fourth part: the constituent elements of whistleblowing.Combining the identification of whistleblowing in foreign countries,we can consider the following factors.Firstly,the scope of the subject;Secondly,good faith and reasonable belief;thirdly,we should adhere to the principle that internal program has the priority and selected external program as complement.The fifth part: The protection mechanism of whistleblowing in our country.In consideration of the national conditions and the current state of labor legislation in our country,add to some special protection clauses and Incentive measure is the preferred.The purpose is to demonstrate the value of social welfare brought about by whistleblower.Other than it,we need to improve relief and penalties.Such as based on the invalidity of dismissal and the prohibition of unfavorable disposition,Protected with Exemption from criminal responsibility or civil liability,and centered on antiretaliation measures.