Power Harassment in Japan

I can recall the call from my friend on June 2 when she was crying profusely due to harassment at work. Earlier that day, the manager of her unit asked her to resign stating that one of the deputy managers didn't like her. On being asked what exactly her mistake was, she was told not to question their authority and not to waste their time.

In the past 1.5 years at work, she was harassed on many occasions when blowing the whistle where the deputy manager would hand out orders that were clearly not in line with our global policies. Every time this was brought this to their attention, they would get furious and retaliate. Their Human Resources manager folded their hand and would indicate their helplessness as they would want to behave according to the whims of the management and not as an employee advocate. On consulting the Labor advisory and Inspection services department, she was told that more than 45% of the cases in this decade have been related to harassment at workplace.

Power harassment has been plaguing the Japanese workplaces more than ever before and it goes without saying that this is having a detrimental impact on businesses and society alike. Not only does this impact the worker, but it’s an emotional roller-coaster for the entire family. Such depressed state of society will compound existing challenges of aging population and low birth rate. Just like sexual harassment, any kind of harassment is a violation of fundamental rights of workers; it constitutes a problem of safety and health, a problem of discrimination, an unacceptable working condition and a form of violence, primarily against women.

There's little evidence that the recent media coverage of "power harassment" has affected the attitudes of those in corporate Japan with the power to harass. Sadly the problem is that there is no system in place to protect workers against power harassment and bullying at work.

I thereby urge that your ministry evaluate possibilities to introduce a tort law for suing for assault, emotional distress and failure of the employer to provide a safe system to work. The harasser and the employer should be held jointly liable, the former directly and the latter vicariously, in the event of a commission of a tort of assault. In addition, the employer should be held liable for failing to provide a safe work environment.

While laws exist to address arbitrary dismissal, it’s the pain staking process while the employee is being mercilessly harassed that needs to be avoided. Only by building a strong and united labor movement, with the support and understanding of the wider public, can we effectively defend jobs, pay and the rights of the working class.

Many global organizations have started to advocate for change, several governments have adopted new legislation, and an increasing number of workers and employers and their organizations have taken measures against it. However, while Japan is years ahead of other developed countries in some aspects, it is decades behind in protection of the rights of its workers, its people, its human capital.