I have a difficult relationship with my boss at work, and he harasses me in different ways, such as not giving me work. I have spoken with HR about this problem, but they just tell me to keep my head down and focus on my job. I struggle to come into the office, and sometimes I have trouble sleeping. What can I do to get out of this spiral?

2022/5/17

1. What is workplace harassment?
   Workplace harassment refers to all acts and discriminatory actions committed based on or due to workplace relations, gender, sexual orientation or identity, race, nationality, creed, and/or the fact that a worker is in pregnancy, child-rearing or responsible for care at home, where such acts create a toxic work environment or infringe upon a person’s character or dignity. It encompasses power harassment, sexual harassment, gender harassment, SOGI harassment, racial harassment, maternity/paternity harassment, harassment related to child-rearing and domestic care, and includes a wide range of acts.
   Workplace harassment creates a toxic work environment, and compromises the morale and productivity of the entire workplace in addition to the victim’s, and must not be condoned.
2. Employer responsibility
   The employer is required by employment statutes and guidelines to create and disseminate rules in the workplace to prevent harassment from occurring and to deal adequately with cases of harassment, conduct harassment education and training, set up contact points to receive complaints, conduct investigations respecting the privacy of the parties involved and deal adequately with individual cases based on the facts found including through the transferring of the parties to another department or disciplinary actions against the harasser, and to take measures to prevent the recurrence of harassment (Act on Comprehensive Promotion of Labor Measures, and Stabilization of Employment of Employees, and Enrichment of Their Working Lives, Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment, Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Member, and related guidelines including Power Harassment Guidelines, Sexual Harassment Guidelines, Maternity Harassment Guidelines, Childcare Harassment Guidelines, etc.).
   Employers also hold a duty of care towards their employees to make adjustments to the workplace environment as necessary, and to make the necessary considerations towards the safety of their employees (Article 5, Labor Contract Act). They are responsible for addressing workplace harassment and for protecting a healthy work environment and the health and livelihood of its employees.
3. What to do if harasseda) Collect evidence
   In order to have your employer address your complaint of harassment, you need to present a convincing case. Harassment includes bullying, and some acts are not as obvious as others. In order to have your employer or other third parties to understand that you are being harassed, having evidence is key.
   Methods of gathering evidence may include recording meetings and interviews, keeping notes on what specific acts of harassment you were subjected to, sending emails detailing such acts to your friends and acquaintances, and keeping documents that demonstrate treatment by your boss that may amount to harassment.b) Addressing harassment through complaints and negotiation, creating a better work environment
   If you are subjected to harassment, you may consider making a report or complaint to your employer via the relevant channels. Preparing a brief summary in writing of your complaint and attaching relevant evidentiary documents will help the contact point understand your situation better.
   On the ground, however, there are instances where going to your employer does not fix the problem. It is also not easy for some victims to make a complaint to the organization to which the harasser belongs. If this is the case, you may consider consulting with a labor union. In Japan, there are unions that you can join on your own. Unions have the right to collective bargaining, and your employer cannot refuse to negotiate with your union regarding your harassment claims. You may be able to resolve the harassment issues you face at work through having the union continuously demand that your employer address your complaint and deal with it to improve your working conditions.

   c) Worker’s Compensation
   If you have fallen ill due to being a victim of workplace harassment, you may consider filing an application for worker’s compensation. The “Standards for Mental Disorders due to Psychological Stress” used to classify work-related mental illnesses was revised in June 2020 to include power harassment in its list of psychological stressors.
   In order for your condition to be classified as a work-related illness, there needs to be causation between the acts of power harassment and the mental illness. Gathering evidence is also important to establish this causation.

   d) Damage Claims
   Not all acts of harassment require monetary compensation as a form of redress. However, the harasser may be held liable for monetary damages if their acts are so excessive that they amount to tortious acts (Article 709, Civil Code). In this case, the employer may also be held responsible for monetary damages either through vicarious liability (Article 715, Civil Code) or as having neglected its duty of care for the safety of its employees.
   Monetary relief does not directly address or prevent harassment. However, making such monetary claims may lead to a better work environment. This claim is not easy to make on your own. Have a lawyer with the LLAJ to help you decide what the best course of action would be for you.