Labour Lawyers Association of Japan (LLAJ)

Yes, you can.
If the employer’s head office or place of business is located in Japan, or if the place where the work was performed under the employment contract (or, if no place is specified, the place of business where the worker was hired) is located in Japan, then the Japanese courts will have jurisdiction over the case.
Therefore, if the employer’s head office and place of work are both in the 23 wards of Tokyo, the Tokyo District Court will have jurisdiction.
If the employment contract stipulates that New York State law is the governing law, the New York State law will be used as a general rule to determine the case. If the worker has indicated to the employer that a particular mandatory law of the jurisdiction with which the worker has the closest relationship should be applied, the mandatory law will apply to the formation and validity of the labor contract.
In Japan, it is understood that restrictions on dismissal fall under the category of mandatory regulations, and therefore, if Japanese law is recognized as being the most closely related to the place, confirmation of status may be granted even if the employment contract states that the employee can be dismissed immediately.

Please refer to Q1 A for information on whether a lawsuit can be filed in Japan and the applicable law. If you are working in Japan, it is possible to file a claim for dismissal to the Japanese courts.
In regards to the lawsuit for damages, if you reside in Japan, you can file a lawsuit with the court that has jurisdiction over your place of residence, because the place of performance of the obligation, i.e. the place of residence of the creditor (victim), has jurisdiction (Please note that if the applicable law is foreign law, the harassment act must be not only illegal under foreign law but also illegal under Japanese law, and punitive damages, which are not allowed under Japanese law, will be dismissed.
Please note that even though you can file a case in Japan, it will be necessary to translate and serve the complaint and other documents on the employer abroad (if the employer entrusts a Japanese lawyer, there is no need for service and translation). This can take several months to a year or more in some cases (in the case of provisional injunctions, service can be effected by EMS, which means that the process can be carried out in the time taken for normal postage, however, the choice of procedure depends on the case and we recommend that you consult a lawyer) and even if you win your case, enforcement can be difficult.

Some company think that dismissal is something they can do at will, but this is not true.
The law provides that “If a dismissal lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, it is treated as an abuse of rights and is invalid.” (Labor Contract Act, Article 16).
Dismissals deprive workers of the foundations of their lives and livelihoods. For this reason, it is strictly judged whether there is a justifiable reason for a dismissal.
The following reasons are not justifiable: if you made a small mistake at work; if you couldn’t do what you were taught a few times; and if you didn’t make any progress in your first few months at the company.
When your company does not explain the reasons for your dismissal, it is almost always safe to say that there are no grounds for justification. However, the company may come up with reasons for your dismissal after the fact. To prevent this, you should ask the company for a dismissal reason certificate. The law requires companies to provide the reasons for dismissal in writing without delay (Article 22, Paragraph 2 of the Labor Standards Act).
If you feel that there’s anything wrong with your dismissal, first consult with your local Labor Standards Inspection Office (Labor Standards Inspection Office Foreign Language Consultation Dial: https://www.startup-roudou.mhlw.go.jp/foreigner.html), labor union, or lawyers with the Labour Lawyers Association of Japan before giving up.

Dismissal due to financial difficulties of the company is called “dismissal for the purposes of reorganization.”
Dismissals deprive workers of the foundations of their lives and livelihoods. For this reason, it is strictly judged whether there is a justifiable reason for a dismissal.

In particular, “dismissal for the purposes of reorganization” is judged more strictly because it is a dismissal due to the company’s business conditions rather than due to any fault on the worker’s part.
In case of dismissals for the purpose of reorganization, the following four requirements must all be satisfied:

1. Necessity to reduce personnel
   A pressing need to reduce personnel may be objectively recognized in such cases as when the company is in financial distress and on the brink of failure.
2. Efforts to avoid dismissal
   The company has to have made its utmost efforts to avoid dismissals, such as reallocation of personnel, external assignment, seeking voluntary retirement, salary reductions, etc.
3. Rationality in selection of personnel
   The criteria for selection must be rational, such as years of service or age of the workers, and these criteria must be applied appropriately.
4. Labour-management dialogue
   The company has to have made its best effort to gain the consent of workers after adequate discussion regarding the necessity, timing, method, number of dismissals and criteria for personnel selection.

If you are dismissed for the purpose of reorganization, please consult with your local Labor Standards Inspection Office, labor union, or lawyers with the Labour Lawyers Association of Japan.

“Can you leave the company?,” “Can sign a letter of resignation?,” these are not notice of a dismissals; they are requests for your resignation..
Requests for resignation are just requests from the company. Even if you are asked to retire, if you have no intention of resigning, you should unequivocally refuse. You do not have an obligation to sign a letter of resignation or quit the company.
If the company continues to persist in its requests, you should consider making a recording of relevant conversations, or keep records of the company’s actions in a note or diary.
You can also consult with your local Labor Standards Inspection Office, labor union, or lawyers with the Labour Lawyers Association of Japan.

A disciplinary dismissal is the heaviest punishment against a worker who breaks company rules and/or damages the company. Disciplinary dismissals may be tied to the non-payment of retirement allowance, and may present a significant obstacle when searching for new work.
As disciplinary dismissals are punitive measures that prejudice workers greatly, the validity of disciplinary dismissals are judged more strictly than a non-disciplinary dismissal.
In determining whether disciplinary dismissals are valid, it is necessary to consider the following:
① Whether the rules of employment, which are the basis of the company’s rules, clearly indicate when disciplinary action will be taken.
② Whether the worker had access to the rules of employment.
③ Whether the worker actually broke the rule in question.
④ If the worker has broken the rule, whether there is reason why he or she should be dismissed by disciplinary action instead of other disciplinary actions such as temporary salary reductions.
⑤ How other workers likely situated have been treated (whether workers who have committed similar acts have been disciplined or not, etc.).
⑥ Whether the worker has been disciplined for the same reason in the past.
⑦ Whether the company has given the worker the opportunity to state his/her position on the matter.
⑧ How long it has been since the worker last broke the rules.
The court has found disciplinary dismissals to be valid in cases such as lying about facts critical to the company by representing false information on a CV submitted at the time of joining the company, being absent without notice as to the reasons for the absence or the whereabouts of the worker for two weeks, or drinking and driving outside of work. In other words, disciplinary dismissals are valid when a worker intentionally breaks a rule or causes serious damage to the company.
In case of disciplinary dismissal, consider consulting with your local Labor Standards Inspection Office, labor union, or lawyers with the Labour Lawyers Association of Japan before giving up.

When a worker is injured or becomes ill due to work (Work-Related Injury), he or she is covered by Industrial Accident Compensation Insurance and is entitled to various benefits.
The main benefits provided by Industrial Accident Compensation Insurance are as follows:
⑴ Medical Compensation Benefits
When a worker needs medical treatment for an injury or illness, he or she can receive treatment and medicine free of charge until the injury or illness is cured.
You must submit a request for benefits to the chief of the Labor Standards Inspection Office via the medical institution where you are receiving medical treatment, and request medical compensation benefits.
⑵ Temporary Absence from Work Compensation Benefits
When a worker is unable to work due to medical treatment for an injury or illness and is not receiving wages, the amount equivalent to 60% of the basic daily benefit amount (in principle, the amount equivalent to the average wage) is paid from the fourth day of non-receipt of wages.
You must submit a Temporary Absence from Work Compensation Benefits Claims Form to the chief of the relevant labor standards inspection to file a claim.
⑶ Disability Compensation Benefits
When the worker suffers from residual disabilities as a result of the work-related injury, they are eligible to receive disability benefits to be paid either monthly or in lump depending on the degree of the disability.

If a worker is injured while engaged in work on site during regular working hours or overtime, it is approved as employment injury unless there are special circumstances. However, if the worker engages in a private act during work and is injured as a result of that act, or if the worker intentionally causes the accident, it cannot be said that it was caused by work and is thus not approved as a work-related injury.
Whether the injury can be said to be work-related is determined according to the individual circumstances of each injury. Therefore, to find out whether your injury is covered by workers’ compensation insurance, you should first consult with your local labor standards office, labor union, or a labor lawyer. When you actually go for consultation, it is better to keep a record of the circumstances of the accident, so that you can explain in detail the circumstances under which you were injured.

If a worker suffers an injury or illness while commuting to work, he or she is covered by industrial accident insurance and can receive insurance benefits. The benefits are the same as in the case of Employment Injury.

Commuting is defined as traveling from worker’s residence to the place of employment via reasonable route and means. However, if you deviate from your normal route for purposes unrelated to work (deviation), or if you interrupt travelling (interruption), the time during the deviation or interruption and your subsequent travel will not be treated as commuting.

Industrial Accident Compensation Insurance is applicable even if the employer has not completed the procedures for enrolling in Industrial Accident Compensation Insurance. Therefore, there is no need to give up on claiming Industrial Accident Compensation Insurance benefits even if your employer tells you that they do not have Industrial Accident Compensation Insurance.
Industrial Accident Compensation Insurance is applicable to all workers, regardless of nationality or status of residence, except for workers engaged in some parts of the agriculture, forestry, and fisheries industries, which are legally exempted.
Even if you have asked your employer to prepare the necessary documents to claim Industrial Accident Compensation insurance benefits, but your employer does not cooperate, you can still claim Industrial Accident Compensation insurance benefits if you explain how your employer did not cooperate in preparing the documents.

There is a limit to how long you can claim Industrial Accident Compensation Insurance benefits. Please be aware that you will not be able to receive benefits after the period specified by law.
⑴ Medical Compensation Benefits
Claims must be made within 2 years of the day on which care expenses are paid.
⑵ Temporary Absence from Work Compensation Benefits
Claims must be made within 2 years of the following day which a worker cannot work and earn wages because of medical treatment.
⑶ Disability Compensation Benefits
Claims must be made within 5 years of the following day which injuries or diseases are cured.

As a general rule, the Labor Standards Law stipulates that if an employer has a worker work in excess of 8 hours per day or 40 hours per week, the employer must pay the worker an hourly wage for the excess plus a 25% premium. In addition, even if a worker does not work more than 8 hours a day or 40 hours a week, if the worker is made to work in excess of the prescribed working hours, the employer must pay the worker an hourly wage for that amount. Workers cannot be exempted from overtime payment on the grounds that they are working too slowly.

Example:
1,200 yen per hour, 2 hours of overtime work from 6:00 p.m. to 8:00 p.m.
1,200 yen x 1.25 x 2 hours = 3,000 yen

If a company violates this rule and does not pay overtime wages, workers can negotiate directly with the company or through a labor union to demand payment, or they can consult with the local Labor Standards Inspection Office for guidance on the employer. If the company still does not agree to pay, you can negotiate with a lawyer or use court procedures such as labor tribunals.
However, there are exceptions to the above-mentioned principle, such as the variable working hour system, the flextime system, off-site work, and the deemed discretionary work system, etc. For more details, please check with the Labor Standards Inspection Office or a specialist such as a lawyer.

Even if the company does not keep track of your working hours through objective records such as time cards, consider whether you can prove your working hours through other evidence. For example, you may be able to prove your working hours by looking at the log records of the time you spend on the PC, the time you send e-mails, or the train ride record.

Under court precedents, working hours for which premium wages are payable are defined as “hours during which a worker can be objectively evaluated as being under the direction and control of the employer,” and even if a worker is performing work, the employer’s obligation to pay premium wages is denied if the employer is not involved in any way with the work during that time.
However, even in the case of overtime work done at the worker’s discretion without specific instructions from the employer, there are court cases that have recognized the employer’s obligation to pay extra wages in cases where the worker was instructed to do a large amount of work that was difficult to finish within the prescribed time, or where the employer tacitly approved the overtime work. For more information, please consult with the Labor Standards Inspection Office, a lawyer, or other experts.

According to precedents, even in the case of an annual salary system or a fixed wage system, it must be possible to distinguish between the portion that corresponds to wages for normal working hours and the portion that corresponds to premium wages, and premium wages must be paid in excess of the legally calculated amount for overtime work.
Whether or not it is possible to distinguish between the portion corresponding to wages for normal working hours and the portion corresponding to premium wages, and whether or not the portion corresponding to premium wages can be said to have been paid as compensation for overtime work, must be determined based on the specific circumstances of the labor contract and the actual working conditions. In order to determine this, specialized knowledge is required. For more information, please consult with the Labor Standards Inspection Office, a lawyer, or other specialists.

The statute of limitations for the extinctive prescription of claims for overtime pay whose payment date came before April 1, 2020 was stipulated to be two years from the day after the date of salary payment.
With the amendment to the Civil Code on April 1, 2020, the statute of limitations for claims has been unified to five years. However, the statute of limitations for wages, including overtime pay, is set at three years for the time being. Therefore, overtime wages paid on or after April 1, 2020 can be claimed for a period of three years from the day after the pay date.

Refusal to renew a fixed-term labor contract is called “雇止め　やといどめ　Yatoi Dome”. There are legal restrictions on non-renewal. If the restrictions are violated, the refusal to renew may be invalid.
The relevant law is Article 19 of the Labor Contract Act. Simply put, the rule is that in the following two cases, if a worker wishes to renew his or her contract, the contract will be renewed even if the employer refuses to do so, unless there are objectively reasonable grounds for the rejection and the refusal is found to be appropriate in general social terms.
Case(1): The rejection to renew repeatedly renewed fixed-term labor contracts can be seen as equivalent to terminations non fixed-term labor contracts. 　
Case(2): There are reasonable grounds for the worker to expect the renewal of the fixed-term labor contract.

【Case(1)】
Case (1) is more precisely defined in Article 19, Item 1 of the Labor Contract Act, as follows
“the said fixed-term labor contract has been repeatedly renewed in the past, and it is found that terminating the said fixed-term labor contract by not renewing it when the contract term expires is, in general social terms, equivalent to terminating a labor contract without a fixed term by expressing the intention to fire a Worker who has concluded the said labor contract without a fixed term”
The following case law relates to a Japanese national held to meet the above conditions. The same applies to foreign workers.

・A case in which a temporary worker at a factory who had renewed his two-month contract five times was denied further renewal. There was no difference between the work performed by the worker and permanent workers. At the time of hiring, the company said, “If you work diligently even after the two-month contract expires, you will not be dismissed. We want you to work for a long time without having to worry about job security”. The company did not take procedures to immediately conclude a new contract every two months, and there were no cases in the past where temporary workers were terminated at the end of the two-month period.

【Case(2)】
Case (2) is more precisely defined in Article 19, Item 2 of the Labor Contract Act, as follows
“it is found that there are reasonable grounds upon which the said Worker expects the said fixed-term labor contract to be renewed when the said fixed-term labor contract expires.”

Such “reasonable grounds” were found to exist in the following case law.
・A case of a temporary worker (temporary workers were hired and discontinued to adjust the size of the workforce in accordance with changing demand, etc.) who had a two-month contract that was renewed five times. He was hired after a cursory interview compared to permanent workers, and his work was also comparatively simple. However, he was not hired for temporary work during a specific season.

In order to determine whether or not your case meets the conditions set out in the relevant articles of the Labor Contract Act, it is necessary to consider various factors in detail, so please consult with a lawyer with the Labor Lawyers Association of Japan(LLAJ). Your consultation will be made easier if you can provide us with a written summary of the time you started working, the number and method of contract renewals, and the employer’s behavior regarding contract renewals and so on.

When a worker renews a fixed-term labor contract multiple times and the term of the contract exceeds five years in total, the employer cannot refuse the worker’s request that the contract become a non-fixed term labor contract from the next contract after the current contract ends. In other words, from the day after the current fixed-term labor contract ends, the contract will become non-fixed term labor contract regardless of what the employer wants (Article 18, Labor Contract Act. Conversion to non fixed-term labor contract Rules).
However, there are employers who try to avoid the application of this rule by stopping employment before the contract exceeds five years. In such cases, the validity of the refusal of employment becomes an issue (see Q1 and Q2). Please consult with the Labour Lawyers Association of Japan (LLAJ).

Salary reductions are a lowering of the terms of your employment contract. Japan’s Labour Contract Law stipulates that if an employer wishes to implement changes the terms of an employment contract that prejudice the worker in question, the worker’s consent is required (Labour Contract Law, Article 9). Therefore, unless you agree to the pay cut, the employer cannot reduce your salary. In the case in question, you should demand that the company pay you the same salary as before.

If the wages of other employees have also been reduced, it is possible that the work rules have been changed. A reduction in pay due to a change in the work rules is illegal unless the change in the work rules is highly necessary and reasonable.

If the company refuses to pay you the same salary as before, or if the work rules have been changed, you should report the matter to your local Labour Standards Inspection Office (Labour Standards Inspection Office Foreign Language Consultation Dial: https://www.startup-roudou.mhlw.go.jp/foreigner. html) or contact a labour union or a labour lawyer.

During your probationary period, you should still be paid for your work. Even if you are receiving training during your working hours, you should still be paid for it as the training is part of your job that you are required to receive by the company. Additionally, if the training is held after working hours but you are required by the company to attend, you should be entitled to overtime pay.
Non-payment of wages is a violation of the Labour Standards Act. You can report the violation to your local Labour Standards Inspection Office (Labour Standards Inspection Office Foreign Language Consultation Dial: https://www.startup-roudou.mhlw.go.jp/foreigner.html), or consult with a labour union or the Labour Lawyers Association of Japan.

Japan has a Minimum Wage system. Under the Minimum Wage Law, the government sets minimum mages, and employers are at a minimum required to pay that amount.
The amount of the minimum wage is basically determined by each prefecture, and the amount determined for the prefecture in which the worker’s place of work is located is applied to the worker concerned. In addition, there are minimum wages that apply only to certain industries, but it is necessary to check which industries the minimum wage applies to and the amount, as they vary from prefecture to prefecture. (https://www.mhlw.go.jp/www2/topics/seido/kijunkyoku/minimum/minimum-19.htm)

The wages covered by the Minimum Wage Law are the base pay paid each month. Specifically, the Minimum Wage Law excludes the following six items.

A. Temporary wages (e.g. marriage allowance, etc.)
B. Wages paid for a period exceeding one month (e.g. bonuses, etc.)
C. Wages paid for work beyond the prescribed working hours (e.g. overtime premiums, etc.)
D. Wages paid for work on days other than the prescribed working days (e.g. extra wages for holidays, etc.)
E. Wages paid for work between 10:00 p.m. and 5:00 a.m. that exceeds the amount of wages calculated for regular working hours (e.g. night pay premiums, etc.)
F. Attendance allowance, commuting allowance and family allowance.

How to check whether your wages are below the Minimum Wage depends on whether you are paid on an hourly, daily, or monthly basis.

(1) If you are paid hourly
　　　Hourly wage ≧Minimum Wage
　　
(2) If you are paid daily
　　　Daily wage ÷ Prescribed working hours per day ≧Minimum Wage
　　
(3) If you are paid monthly
　　　Monthly salary ÷ Average prescribed working hours per month ≧Minimum Wage

If your wage is below the minimum wage or you are not sure about the calculations, please visit your local Labour Standards Inspection Office, labour union or an LLAJ lawyer with your pay slip.

The wages for the last three months before the declaration of bankruptcy are given the highest priority in bankruptcy filings in order to guarantee the livelihood of workers.
If a company files for bankruptcy, the Court will consider whether it is appropriate to commence bankruptcy proceedings and, if so, will issue a bankruptcy order. Once the order has been issued, the Court will appoint an administrator and authorize the administrator to manage and dispose of the company’s assets.
Usually, workers are identified as creditors and are included in a list of creditors at the time of filing. The Court will send you a form to file your claim, which you will need to fill in and return to the court.

However, just in case you have been omitted from the list of creditors, you should contact the administrator when you learn that a bankruptcy order has been issued against your company.
You can usually find out who the administrator is on the notice posted at the office of the company.
If you have any concerns about the process, such as difficulty in contacting the administrator, you may consider contacting a lawyer with the Labour Lawyers’ Association for advice.

If there is little or no money left in the company at the time of filing, you may not be able to receive payment from the company. However, if you meet certain conditions, there is a system under which an independent agency can pay all or part of your wages in lieu of the company. You may consider contacting a lawyer with the Labour Lawyers Association for advice before giving up on your wages.

The Public Employment Security Office, popularly known as “Hello Work,” is a government agency that provides a variety of services free of charge, including job placement, payment of unemployment insurance benefits, education and training. There are over 500 Hello Work locations throughout the country.
The law* prohibits Hello Work from discriminating against people on the basis of nationality.
When looking for a job, consulting Hello Work represents one of your best options.
At Hello Work, you can receive job referrals corresponding to your status of residence, and job referrals are also available for international students who wish to work part-time or find a job in Japan. However, job placement is not available for those who do not have a status of residence.
* Employment Security Law, Article 3

Unemployment insurance is a system administered by the Japanese government to protect the livelihood of unemployed workers and to help them find new employment as soon as possible. The insurance premium payments are equally split by the employer and worker while the worker is employed, and when unemployment occurs, the government provides the unemployed with unemployment insurance payments known as “job applicant benefits” .
Workers employed in businesses covered under the unemployment insurance system are treated as insured regardless of their nationality. Therefore, if you become unemployed, you should go to your nearest Hello Work to apply for job applicant benefits.
In Japan, it is compulsory to enroll in unemployment insurance if you employ workers. Even if your employer has neglected to enroll you in unemployment insurance, Hello Work is authorised to investigate and certify your coverage. If your employer claims that you are not covered, consult your nearest Hello Work.
For more details on how to apply, please refer to the materials in foreign languages available at Hello Work.
https://jsite.mhlw.go.jp/mie-roudoukyoku/news_topics/topics/280304/njgjli.html
Also, feel free to consult with your local labor union or the Labour Lawyers Association of Japan.
　
There is no explicit provision in the law regarding whether those who do not have a work visa may enroll in unemployment insurance, and administrative interpretations do not provide a conclusive answer to this question either. However, if you do not have a work visa, you may not be allowed to enroll in or receive unemployment insurance.

Hello Work provides a variety of job training and Japanese language training to help workers improve their skills. The training is basically free of charge, so applying is one option if you are interested.

Unfortunately, most Hello Work offices do not provide support in other languages, but some Hello Work offices can arrange for an interpreter if you make an appointment.
Going forward, we would like to push the government to improve its foreign language support capabilities.

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.