With Whistle-blower Protection Act
In late years most of corporate scandal that spoiled relief and security of people's life became clear with report from the people concerned in company in succession.
Based on such situation, security (reinforcement of = kombu Ryan's management) did legal compliance to be concerned with life of people by company and physical protection, protection of profit of consumers, and Whistle-blower Protection Act was enforced in April, 2006 so that worker did not receive the disadvantageous handling such as discharge by the reason of what we reported to for the public interest.
It became clear where report of what kind of contents was protected by enactment to by the disadvantageous handling such as discharge if we performed.
◇When worker notifies
<"laws and ordinances violating act" targeted for report>
- Personal life or physical protection
- Protection of benefit of consumers
- Environmental maintenance
- Securing of fair competition
- Life, body of people except the above, protection of property or other profit
- When, other than criminal law, food hygiene law, Financial Instruments and Exchange Law, Japanese Agricultural Standard, Air Pollution Control Act, method of waste disposal, Personal Information Protection Law about this, prescribed criminal act and other laws and ordinances violations (thing that penal regulations are finally prescribed) occur for law that we set by cabinet ordinance or we are going to right occur
◇The company inside: Company is setting or report window which they appointed
◇Administration: Administration which has competence such as order, advice about report contents
◇The company outside: Person that it is admitted that it is necessary to prevent outbreak and expansion of damage including news media and consumer organization
<requirements of protection that accepted report>
◇The company inside
(1)You require money and goods, and you look down on another person, and do not be purpose of injustice
(1)In addition to this, there is reasonable ground to believe that (2) report contents are true
◇The company outside
(1)And, in addition to (2), satisfy one of the requirements listed below
- When there is reasonable ground to believe that evidence is destroyed by report to the company inside when there is reasonable ground to believe that we receive the discharge or other disadvantageous handling when we report to the company inside and administration
- When there is not adequate cause, and it is demanded that we do not report to the company inside or administration by company
- When there is not notice of performing Surveys within 20 days even if we report to the company inside in writing or when we do not investigate without adequate cause
- When harm to human life, body is in danger of having made rush to occur
<matter to note>
It is necessary to consider not to violate just and proper interest (honor, trust, privacy) of another person on notifying.
<contents of protection that reporter can receive>
・Discharge that proprietor who assumed that we did whistleblowing reason performed is invalid.
・As well as discharge, other disadvantageous treatment on the grounds of having done whistleblowing is prohibited.
・Worker dispatch termination of the agreement on the grounds of this is invalid, and it is prohibited that we demand change of dispatched worker even if we notify laws and ordinances violating act that dispatched worker produces in dispatch.
(question) Even if part and part-time job notify, do you become a target of protection?
About part and part-time job, disadvantageous treatment such as discharge that assumed what we notified like regular staff reason is prohibited. In addition, worker of business partner becomes a target of law, too.
(question) Does public employee become a target, too?
(answer) Public employee becomes a target of law, too.
(question) When we notify laws and ordinances violating act except law targeted for law, how becomes?
Whistle-blower Protection Act makes requirements to be protected clear and prohibits disadvantageous treatment that assumed whistleblowing reason and is going to plan protection of whistleblower. About report which the law is not for, we do not change in protection of reporter being judged in conventional jus including labor contract law Article 16 (※).
※When we lack in rational reason objectively, and it is not admitted that it is considerable under normal social conventions, we invalidate discharge as thing which abused the right.
(question) If proprietor installs report window newly, what should I do?
You install window in the inside of company and consign to outside lawyer whom proprietor appointed, and please install depending on the real condition of company.