The Study of the Whistleblower Protection Laws for Employees-Centered on Analysis of Judicial Decision

  • 李 惠家

Student thesis: Doctoral Thesis

Abstract

The issue of unlaw in private organizations has draw attention of the world which is also Taiwan be confronted with It is evident that a complete whistleblower protection system can reduce the occurance of corruption and misbehavior in the organization The main body of the private organizations whistleblowers is the laborers Compared with other parties in the private organizations laborers are better to prevent the occurrence or expansion of the injury when the illegal situation occurs Nevertheless those who whistled are often reduced salary or dismissed by employer for revealed illegal information Many countries including United States and Japan have enacted the Whistleblower Protection Act to provide the protection for whistleblowers The Act establishes a mechanism that provide a channel for laborers to reveal illegal information government agencies to initiate an official investigation However whistleblower protection draft still has not been passed in Taiwan and therefore current Taiwanese legal system can’t provide sufficient protection for laborers This study would through comparative analysis analyzed differences of legal system between Taiwan with United States and Japan and then analyzed recent judicial decision related to Article 74 of the Labor Standards Law It would reflected on what opinion of court were changed Finally it would built a framework to protect laborers who whistled and could be helpful to raise intention of whistling and achieve the purposes of promoting public interest
Date of Award2020
Original languageEnglish
SupervisorWei-In Tsai (Supervisor)

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