Japan had no statute on workplace bullying until the 2019 amendment to the Comprehensive Labour Policy Promotion Act, often called the Power Harassment Prevention Act. It defines power harassment through three elements, all of which must be present. The conduct is backed by a superior position, which can mean a manager, but also a colleague with expertise others depend on, or a group. It goes beyond what is necessary and appropriate for the business. And it harms the employee's working environment.
Ministry guidelines describe six typical forms: physical attacks, verbal and psychological attacks, isolation, excessive demands, deliberately giving too little or meaningless work, and intrusion into private life. They also make clear that ordinary, proportionate instruction and correction is not harassment.
The law does not make harassment a criminal offence or give employees a new cause of action. What it does is oblige employers to take preventive measures: a clear written policy communicated to staff, disciplinary provisions in the work rules, a consultation point, prompt and fair investigation of complaints, and protection from retaliation. The duty applied to large employers from 1 June 2020 and to small and medium-sized employers from 1 April 2022.
What it means for a foreign employer
- A global policy is not enough on its own. You need a Japanese-language policy, a local consultation point and disciplinary provisions in the Japanese work rules.
- Direct management styles can be reported. Public criticism in a meeting, harsh written feedback copied to a group, or repeated demands well beyond someone's role can all meet the definition. Brief regional leaders who manage Japan staff remotely.
- Complaints often surface at exit. Harassment claims are frequently raised during a contested separation, which raises the cost of the settlement.
- Reference-check managers for it. For senior hires who will run Japanese teams, ask how they give negative feedback.
Sources
- Comprehensive Labour Policy Promotion Act, Article 30-2, as amended in 2019.
- Ministry of Health, Labour and Welfare, guidelines on employment management measures for power harassment (2020).