What changes
The 2025 amendment to the Whistleblower Protection Act (Act No. 62 of 2025, promulgated 11 June 2025) turns retaliation from a civil wrong into a criminal offence. Dismissing or disciplining an employee because they made a protected report can now be punished with up to six months' detention or a fine of up to 300,000 yen for the person responsible, and a fine of up to 30 million yen for the company.
It also shifts the burden of proof. If an employer dismisses or disciplines someone within one year of their report, the law presumes the action was retaliation, and the employer has to show otherwise.
Who it applies to
Every employer in Japan, foreign subsidiaries and branches included. Employers with more than 300 employees have had to run an internal reporting system and designate the staff who handle reports since June 2022; that duty continues.
Action for employers
- Check every pending exit against your reporting log. Before any dismissal, disciplinary step or forced transfer, confirm whether the person has made a report in the past year. If they have, document the unrelated grounds in detail before acting.
- Train the people who decide on discipline. Managers and HR need to know that retaliation is now a criminal matter for them personally, not only a legal risk for the company.
- Review your reporting channel. Make sure it is known, accessible in Japanese, and that the designated staff understand their confidentiality duties.
- Brief regional HQ. Global investigation and exit processes that ignore a recent report can expose the Japan entity and the individuals who signed off.
Sources
- Whistleblower Protection Act, as amended by Act No. 62 of 2025; Consumer Affairs Agency overview of the amendment.
- Nagashima Ohno and Tsunematsu, client alert on the 2025 amendments (December 2025).