Background of the Power Harassment Prevention Law
The term “Power Harassment” has become widely recognized in Japanese society. This Japanese-English term was coined by Japanese companies in the 2000s to describe inappropriate behaviors based on power relationships in the workplace. Japanese workplace culture has long emphasized hierarchical relationships. Compared to other countries, Japanese workplaces are characterized by fewer job changes and prevalent systems such as lifetime employment, seniority-based promotion, and long working hours, creating conditions that tend to foster dominant interpersonal relationships and power harassment. Over the past decade, several cases of work-related suicide in major corporations and public institutions have been reported to involve power harassment, drawing significant social attention. Recently, Japan has made notable progress in power harassment-related legislation. The core development is the “Act on Comprehensive Promotion of Labor Policies” (known as the Power Harassment Prevention Law) implemented in 2020, along with prevention guidelines established by the Ministry of Health, Labour and Welfare. This amendment legally defined power harassment for the first time and mandated companies to implement preventive measures. This first part of our column will explain the definition and types of power harassment, as well as employers’ obligations.
Definition of Power Harassment
According to the Power Harassment Prevention Law, power harassment must meet all of the following criteria: (1) conduct based on superior positions in the workplace, (2) behavior exceeding the necessary and reasonable scope of business, and (3) behavior that deteriorates the working environment. It’s important to note that the “conduct based on superior positions” mentioned in criterion (1) includes not only supervisor-subordinate relationships but also interactions between senior and junior employees, between colleagues, and even from subordinates to supervisors.
Six Types of Power Harassment
The prevention guidelines outline six typical categories of power harassment: (1) Physical abuse (such as violence and injury), (2) Psychological abuse (such as threats, defamation, insults, and verbal abuse), (3) Social isolation (such as segregation, exclusion, and ignoring), (4) Excessive demands (such as forcing unnecessary or impossible tasks, interfering with work), (5) Insufficient assignments (such as assigning work far below one’s ability and experience without business justification, or providing no work at all), (6) Invasion of privacy (such as excessive interference in personal matters).
Employers’ Obligations
All employers must implement the following power harassment prevention measures (initially applied to large companies in June 2020, extended to small and medium-sized enterprises in April 2022): (1) Clearly stating company policies and conducting awareness and education programs, (2) Establishing appropriate consultation systems (including grievance channels) to properly handle related inquiries and complaints, (3) Ensuring prompt and appropriate response to power harassment incidents, (4) Implementing supplementary measures (such as privacy protection and prohibition of disadvantageous treatment). While employers face no penalties for failing to fulfill these obligations, the Minister of Health, Labour and Welfare may provide advice, guidance, or recommendations when deemed necessary. If companies do not comply with recommendations, this fact may be made public, potentially risking reputational damage.
As described above, Japan has made considerable progress in establishing legal frameworks to prevent power harassment. However, despite improving systems, many practical challenges remain. In the next part, we will examine the current state of power harassment in Japanese workplaces based on government survey reports and news coverage.
