Public Interest Whistleblower Protection Act Article 10

A person who is not a civil servant but has been subjected to adverse treatment by their employer due to violation of Article 8, Paragraph 1 may terminate the labor contract without prior notice within 30 days of becoming aware of the situation.The person referred to in the preceding paragraph may request the employer to pay severance, pension, and compensation equivalent to 6 months of wages, as provided in the Labor Standards Act, the Labor Pension Act, or other laws and regulations. The right to claim shall be extinguished if not exercised within 6 months from the termination of the labor contract.The right to claim of a person who is not a civil servant but has been subjected to adverse treatment as provided in Article 8, Paragraph 3, shall be extinguished if not exercised within 6 months from the date of becoming aware of the occurrence of the fact. The same shall apply if more than 2 years have passed since the occurrence of the damage.In the process of exercising the right to request remedies under the preceding 2 paragraphs, if a person who is not a civil servant and has been subjected to adverse treatment claims that they have performed any of the acts listed in Article 8, Paragraph 1, such claims shall be investigated before other matters. The determination of the validity of the claims shall be based on the results of the investigation.The provisions of Article 8, Paragraphs 5 and 6 shall apply to the exercise of the claims referred to in Paragraphs 2 and 3 and shall not prejudice any rights exercised under the Civil Code, or other laws.Where reinstatement pursuant to Article 8, Paragraph 3, Subparagraph 1 is clearly factually difficult, the employer may provide severance, pension, and compensation equivalent to 12 months of wages, as provided in the Labor Standards Act, the Labor Pension Act, or other laws and regulations, to the person subjected to adverse treatment and mutually{C}[KM1]{C} {C}[李宛烝2]{C} agree to terminate their labor contract.The compensation referred to in Paragraph 2 and the preceding paragraph shall be calculated based on the wages of the person subjected to adverse treatment 1 month prior to performing the acts specified in the subparagraphs of Article 8, Paragraph 1.A person subjected to adverse treatment who is not a civil servant but receives a salary from a government agency (institution), legal person, or group under a service contract may apply for compensation mutatis mutandis pursuant to Paragraphs 2, 4, and the preceding paragraph. However, if the provisions of the contract are more favorable to the person subjected to adverse treatment, those provisions shall prevail.