Our Future of Work Report indicates that while economic headwinds have reduced the prospects of activism over the last 18 months, employers expect a resurgence of activism in the future. It is important for employers to be aware of the legal protections in place for employees who choose to blow the whistle against their employer or fellow employees. This article provides a comparative analysis across the region.
| Questions | Is there specific legislation that provides protection to employee whistle-blowers? | What, if any, protections are afforded to employee whistle-blowers? |
| Hong Kong | There is no specific legislation that provides general protection to employee whistle-blowers. | Employers are however prohibited against terminating the employment of an employee by reason of the employee giving evidence or information in any proceedings or inquiry in connection with a workplace accident or with the enforcement of labour legislation, industrial accidents or breach of work safety regulations.
Hong Kong's anti-discrimination ordinances also prohibit victimisation (ie less favourable treatment of an employee who has made allegations of unlawful discrimination or harassment under such ordinances). |
| Malaysia | Yes, the Whistleblowing Protection Act 2010 provides some protection against termination, demotion, suspension harassment or discrimination to employees who make a disclosure to a government agency relating to improper conduct in the workplace.
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Broadly, the Whistleblowing Protection Act 2010 provides for three key protections:
Additionally, a party to a contract must not (i) terminate the contract, (ii) withhold payment that is due and payable under the contract, (iii) or refuse to enter into a subsequent contract, solely for the reason that any party to the contract, or an employee or employer of any party to the contract, has made a disclosure of improper conduct to any enforcement agency. |
| Japan | Yes, the Whistleblower Protection Act provides some protection to employee whistle-blowers by invalidating dismissals, cancellations of worker dispatch contracts, disadvantageous treatments (eg demotion, salary reduction) on the grounds of having made a disclosure. | Under the Whistleblower Protection Act, protection is limited to current or former "employees" (as defined in Article 9 of the Labour Standards Act) and covers both private and public sectors.
Employee whistle-blowers may (provided they have no unlawful purpose) report illegal acts that violate the laws concerning the protection of an individual's life, health, property and other interests. The disclosure may be made primarily within the organisation. External disclosure to government agencies and mass media is protected under certain conditions. |
| PRC | There is no specific legislation that provides general protection to employee whistle-blowers.
However, some disclosures are protected by various PRC laws and regulations. These laws are mainly aimed at protecting the "legitimate rights and interests" of individuals who blow the whistle by requiring that prosecutorial authorities maintain the confidentiality of whistle-blower information (including the identity of a whistle-blower). |
Officials of state bodies are explicitly prohibited from retaliating against whistle-blowers. Labour administration authorities have the power to impose fines on employers who retaliate against individuals who blow the whistle.
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| Thailand | There is no specific legislation that provides general protection to employee whistle-blowers.
However, some disclosures are afforded protection under the Labour Relations Act (LRA) and the Securities and Exchange Act (SECA). |
Under the LRA, an employer must not dismiss an employee or treat an employee in an unfair manner or in such a manner that encourages an employee to resign if the employee or the labour union that the employee belongs to engaged in the following conduct:
Under the SECA, an employer who is a locally listed company or a securities company is prohibited from imposing unfair treatment on an employee such as by changing their position, job description or workplace, suspending, threatening, harassing or laying-off off such employee on any of the following grounds
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| Vietnam | There is no specific legislation that provides general protection to employee whistle-blowers. | Some disclosures are protected by Decree No 24/2018/ND-CP issued by the Government dated 27 February 2018 which seeks to enhance measures to protect "whistle-blowers" and their relatives.
The Law on Denunciations also contains various protections for individuals who report on the illegal activities of organisations or individuals in both the public and private sectors. |
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.