As of 1^st June 2020, new rules against sexual harassment and harassment related to pregnancy, childbirth, and childcare leave entered into force. A new set of rules is also foreseen to prevent “power harassment” (“Powa Hara”).

The new law distinguishes between implementation in large or small companies, by type of trade and size. Smaller companies will have more time to comply with the law, that is applicable as of 1^st April 2022.

Concerning the power harassment, this is defined as a form of workplace bullying by those who are in a higher work position; it consists of “remarks and behavior of people taking advantage of their superior positions in the workplace that exceed what is necessary and appropriate for the conduct of business, thereby harming the working environment of employees” (Labor Policy Comprehensive Promotion Act art. 30-2, para. 1).

The Ministry of Health, Labour and Welfare lists six typical examples of cases of power harassment. This list is not inclusive, but it helps to give an idea on what it is intended by power harassment. 

1. “Physical abuse: assault, injury
2. Emotional abuse: threat, defamation, insult, rant
3. Exclusion of employees from certain gatherings, events: separation, exclusion, disregard
4. Excessive demand at work: unnecessary requests, unfulfillable tasks, obstruction of work 
5. Under-required employees: not giving the employee a task in line with his/her ability and experience without a business-based reason
6. Infringement of individual Privacy”.

Employers must take the following measures to prevent harassment at work:

• Ensure that the policy is known and well presented to employees, managers and supervisors;
• Establish a protocol to respond appropriately to consultations and complaints;
• In case of consultation or if complaints arise, investigate quickly to confirm or dismiss the facts, take appropriate measures against the victim and the actor;
• Protect the privacy of the victim and the harassment’s actor;
• Take measures to prevent recurrence, including changes to the work organisation;
• Determine the type of punishment in case of violation.

There is no punishment for companies failing to comply with the provisions of the Law, however, companies may be offered the support of the Public administration and their names may be disclosed.

Companies, after having drafted their policies to prevent harassment, are currently focusing on training so that, hopefully, each employee/superior are aware of the meaning and types of harassment.  

The Japan Business Federation (Keidanren) supports the Law and the obligation for companies to adopt preventive measures for power harassment. Tackling these issues is in the interests of both employers and employees.

To improve the understanding of the revised CLPPA, Keidanren is organising seminars and sharing guidelines with a special focus on the culture of prevention.

Keidanren Chairman, Mr. Hiroaki Nakanishi, addressed member companies by highlighting the importance to adopt “preventive measures for harassment”.

He commented the legislative changes as follows: “the measures of power harassment prevention are similar to the ones that must be adopted to avoid other types of harassment. All these new measures will improve the working environment and relationships within the company”.

Despite the CLPPA, the Japanese Government is not planning to ratify International Labour Organisation “Violence and Harassment Convention”, 2019 (No. 190), since more examinations are necessary to ensure the consistency between the Convention and other domestic laws and regulations. The current priority for the Japanese Government is the implementation of the revised CLPPA.