お知らせ
お知らせ
作成日：2021/09/28
Small firms will be required to take anti-harassment measures from 2022 April


Small- and medium-sized firms will be required to take anti-power harassment measures from April 1, 2022

[1] “Workplace power harassment” refers to behaviors that correspond to all of the following.

(1) Behaviors exhibited by a person in a dominant position;
(2) Behaviors that exceed the scope necessary and reasonable in the course of business;
(3) Behaviors that damage the work environment.
* Work instructions or guidance that are appropriate and within the necessary and reasonable scope from an objective perspective are not considered power harassment.

[2] Measures required to prevent workplace power harassment

Companies are required to implement the following measures. (Employers’ obligation)

[Clarification and dissemination of employer's policy, employee education]
(1) Clarify the definition of workplace power harassment and company policy to prevent it; inform and educate workers about the definition and the policy.
(2) Stipulate a policy to strictly punish power harassment and details of the punishment in work rules or other documents; ensure that workers are informed and educated about the policy.

[Establish a structure to provide consultation and handle harassment reports appropriately]
(3) Appoint personnel in charge of consultation and notify workers thereof.
(4) Ensure that the personnel are capable of handling harassment reports according to the content or the situation. 

[Prompt and appropriate action after the occurrence of harassment]
(5) Check the fact swiftly and accurately.
(6) Take quick and appropriate consideration measures for the victim (*1).
(7) Take measures against the harasser appropriately after the facts are confirmed (*1).
(8) Take measures to prevent recurrence (*2).
*1) In the case the harassment claim was substantiated.
*2) Required even if the harassment claim could not be substantiated.

[Other necessary actions]
(9) Adopt measures to protect the privacy (*3) of victims, harassers and other people involved and inform workers about the measures.
*3) This includes sensitive personal information, such as sexual orientation, gender identity, medical history, records of infertility treatment, etc.
(10) Stipulate the policy against dismissing workers or treating workers unfairly for the reason of consulting about harassment, and inform workers about the policy.


[3] Prohibition of disadvantageous treatment of workers who consulted about harassment

Employers are prohibited by law from dismissing workers or treating workers disadvantageously for reasons that they have consulted about power harassment or told the truth to cooperate with the investigation under proper employment management measures.


[4] Desirable efforts

In view of the meaning of obligation, please also make active efforts on the following.

(1) Desirable efforts to prevent workplace power harassment

■ Establish a structure for comprehensive handling of consultations about power harassment, sexual harassment and harassment related to pregnancy, childbirth or childcare leave.

■ Make efforts to eliminate the elements that foster or cause power harassment.

■ Check the status of proper employment management measures by conducting a survey or through opinion exchanges and make necessary changes by involving workers or labor unions as required.

(2) Desirable measures concerning behaviors toward people other than its own employees

★ Job applicants, freelance contractors, etc.

■ In formulating a workplace power harassment policy, adopt equivalent policies concerning employees of other companies, students and other job applicants and other workers who are not employed by the company (freelance contractors, interns, participants of teaching practice, etc.)

■ Strive to provide consultation or handle harassment reports appropriately based on proper employment management measures.

Recently, issues of sexual harassment involving job-seeking students during official recruitment activities or during alumni visits have surfaced.

Companies must be aware of their responsibility for preventing such problems. Please implement necessary measures, e.g., provide training or adopt other means to make employees understand that sexual harassment is not acceptable and will be dealt with by strict measures, whether it takes place in official recruitment activities or during alumni visits. It is also desirable to make rules on meetings with job-seeking students, including alumni visits.

(3) Desirable measures in dealing with power harassment or troublesome behaviors by employees of other companies or customers

(Examples of desirable measures from the perspective of proper employment management measures) 

■ Establishment of a structure to provide consultation and deal with cases appropriately

■ Consideration for victims (Consultation on mental health problems; avoidance of a situation where the victim has to deal with the harasser alone, etc.)

■ Efforts to avoid trouble (Manuals, training, or other measures according to the type or mode of business, etc.)

[5] Measures to prevent workplace sexual harassment and harassment related to pregnancy, childbirth or childcare leave have been strengthened.

The Equal Employment Opportunity Law and the Childcare and Caregiver Leave Law require companies to implement proper employment management measures to prevent sexual, maternity and childcare leave harassment in the workplace. The latest law amendments stipulate tighter rules as below. (1 and 2 also apply to power harassment.)

(1) Clarification of employers’ and employees’ responsibilities in the laws

(2) Prohibition of disadvantageous treatment of workers who reported harassment to their employers

(3) Requirement of cooperative action by companies whose employees committed harassment to employees of other companies (Sexual harassment only)

Companies might need to change their internal structures and rules to comply with the amended laws before they are enforced in 2022. Please allow adequate time for preparations.