Measures to prevent “Power Harassment”

Although Power Harassment has been a major social problem for a while now, there has been no clear legal standard as to what actually fall under “Power Harassment”. As a consequence, the actual situation was that claims for damages, obligations and requests to improve the working environment were dealt with on a case by case basis.
The change is that from June 1 (small and medium sized companies from April 2022) Companies are now obliged though the amended Employment Measures Act (revised Act is still to have a formal English translation), to take measures regarding Power Harassment.

What follows is a summary of the obligations:

1. Power Harassment in the workplace is when the following three (3) factors are met in the workplace.
   1)Where there are advantageous relationships
   2)Where there is behaviour that exceeds that which is necessary in the scope of business
   3)Where the working environment is harmed (When either physical or metal pain is caused)
   Appropriate and proper instructions and /or guidance is not power harassment
   
2. Power Harassment in the workplace can be grouped in the following six (6) categories:
   1)Physical Attack (assault or injury)
   2)Mental Attack (intimidation, defamation, insult, inappropriate language)
   3)Denial of human relationships (isolation, separation, ignoring)
   4)Extreme requests (Force requests that are clearly unnecessary, or impose timelines that are impossible to meet, Obstruct work)
   5)Under requests (Enforce requests that are clearly unnecessary for the business, impose tasks that are clearly different from the skills and experience or are demeaning, or assign no responsibilities what so ever)
   6)Personal attacks (excessive imposition on private matters)
   
3. Details of the measures that Employers should take in Employment Management
   1)Detail the Company’s approach and policies with regards to Harassment and then publicise and inform the workforce. (Ensure that these are listed up in the Working Obligations and Disciplinary Action of the Work Rules, and ensure the employees are trained on these matters)
   2)Establish a system for responding appropriately to workers’ consultations and complaints about harassment. (Ensure that the individual responsible for consultations is appropriately trained in how to respond to complaints)
   3)Respond promptly and appropriately to harassment claims (accurate confirmation of the situation, consideration for the victims, measures for the perpetuators and measures to prevent recurrences)
   4)Protect the privacy of the claimant, victim and perpetuator involved in each situation, and ensure that making the claim and cooperating with the investigation will not result in disadvantageous treatment. Delegate the investigation to a neutral third party as necessary.
   
4. Actions that desirably should be undertaken by Employers
   1)Centralise the Harassment Consultation process
   2)Conduct training to facilitate communication to eliminate the causes and factors associated with harassment
   
5. As per Article 33 of the revised Employment Measures Act there are provisions by the Ministry of Health Welfare and Labor for giving advice, guidance and recommendations when Employers do not meet their obligations.

The full details are listed in the link to follow  https://www.no-harassment.mhlw.go.jp/　(Japanese only)

As an aside to date Sexual Harassment and Maternity Harassment claims have been handled by the Equal Employment Opportunity desk at the Labor Bureau in each prefecture, however with the changes to the Employment Measures Act there is not clear guidance on where cases will be handled, and it could be different in each prefecture. Hence with harassment also now including Customer Harassment, we request to unify all Harassment to one place of contact, regardless of any changes in the law that may still be to come.