Harassment could occur in any company and taking preventive measures is of increasing importance. This article explains concrete measures that companies should take and what sort of law amendments are forthcoming.
[1] Results of the Labor Ministry’s harassment survey
Employers are legally obliged to take measures to prevent power harassment, sexual harassment, harassment relating to pregnancy, childbirth and childcare leave as part of employment management.
According to the Labour Ministry’s survey on workplace harassment in October 2020, 31.4% of workers said they have been subjected to power harassment in the past three years, while 10.2% said they have suffered sexual harassment in the past three years. The ratio of workers who experienced harassment relating to pregnancy, childbirth or childcare leave over the past five years was 26.3%. Among male employees who used or tried to use childcare leave system in the last five years, 26.2% said they have been subjected to harassment relating to childcare leave.
This result indicates that workplace harassment persists to some extent, even though it has become considered a major social problem in recent years.
[2] Company requirement to prevent power harassment
Companies are under legal obligation to clarify their policies on harassment. They are also required to set up a structure to provide consultation to deal with harassment problems swiftly if they occur. Following are concrete measures presented by the government.
1. Clarification and dissemination of employer’s harassment policy and employee education
◆ Clarify the definition of workplace power harassment and company policy to prevent it; inform and educate workers about the definition and the policy.
◆ 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.
2. Establish a structure to provide consultation and handle harassment reports appropriately
◆ Appoint personnel in charge of consultation and notify workers thereof.
◆ Ensure that the personnel are capable of handling harassment reports according to the content or the situation.
3. Prompt and appropriate action after the occurrence of harassment
◆ Check the fact swiftly and accurately.
◆ Take quick and appropriate consideration measures for the victim.
◆ Take measures against the harasser appropriately after the fact is confirmed.
◆ Take measures to prevent recurrence, even if the fact was not confirmed.
4. Other necessary actions
◆ Adopt measures to protect the privacy of victims, harassers and other people involved, including sensitive personal information, such as sexual orientation, gender identity, medical history, records of infertility treatment, etc., and inform workers about the measures.
◆ Stipulate the policy against dismissing workers or treating workers unfairly for the reason of consulting about harassment, and inform workers about the policy.
Companies are also obliged to implement similar measures against sexual harassment and harassment regarding pregnancy, childbirth and childcare leave.
[3] Enforcement of amendment laws on Childcare and Caregiver leave to accommodate harassment measures
Amendments to Childcare and Caregiver Leave Law will be implemented from April 2022. In October 2022, a system to allow fathers to take childcare leave immediately after childbirth will start. Childcare leave for fathers is covered by the harassment measures relating to childbirth and childcare leave. Since fathers are encouraged to play a larger role in child rearing, companies are expected to encounter cases of male employees’ childcare leave, including leave upon childbirth. Social attitude about fathers’ childcare involvement has been changing in Japan in recent years. With related law amendments are taking effect in coming months, companies should provide workers with training on harassment and ensure that managers who hold a conventional view on this matter will not show behaviors to discourage male employees’ childcare involvement.
Small- and medium-sized companies are currently required to make effort to implement anti-power-harassment measures and they will come under the same obligation as large firms from April 2022. Please start preparations as needed.
[Reference]
Results of the Labour Ministry’s survey on workplace harassment
https://www.mhlw.go.jp/stf/newpage_18384.html
The Labour Ministry “To Prevent workplace harassment (sexual harassment, harassment relating to pregnancy, childbirth, childcare leave, power harassment)
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/koyou_roudou/koyoukintou/seisaku06/index.html
* The contents are according to laws and regulations as of the creation of this article.
