Judgment of eligibility for power harassment in recent court cases and how to deal with power harassment required of companies Part 2
2023/7/12
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2023/7/13
Atsumi & Sakai
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While power harassment (hereinafter referred to as "power harassment") tends to occur within companies, it can lead to serious situations such as the onset of mental illness or suicide, and damages (lost profits, consolation money, etc.) In some cases, not only the perpetrator and the company, but also the directors, etc. bear the obligation to compensate for the damage caused by the accident, etc.), and it is necessary for companies to actively deal with it from the perspective of respecting human rights and corporate profits.
According to Article 32-2, Paragraph 1 of the Act on Comprehensive Promotion of Labor Measures, power harassment is defined as "words and deeds against the background of a superior relationship in the workplace that exceed the scope necessary and reasonable for the purpose of employment. (In this course, this is referred to as "narrowly defined power harassment.") Strictly speaking, acts that are recognized as illegal in civil lawsuits fall within this scope. Unlike power harassment, in order to avoid the disadvantages that companies, etc. suffer due to power harassment, it is necessary to understand what kind of actions are judged to be illegal in civil lawsuits, and then deal not only with power harassment in the narrow sense, but also broadly. It is necessary to continue
In addition, there are cases where it is misunderstood that there is no need to deal with power harassment without consultation from the victim. Failure to respond to power harassment that has been identified by superiors, etc., may constitute a violation of the obligation to consider safety.Based on this theory of principles, it is necessary to understand, based on past judicial precedents, etc., the points to be kept in mind when dealing with power harassment consultations, investigating power harassment, and taking corrective measures for power harassment.
Therefore, this time, mainly based on judicial precedents of the past 10 years, what kind of actions are actually judged to be illegal in civil lawsuits, what kind of consultations, investigations, and corrective measures for power harassment We will explain in all three videos whether it is necessary to pay attention to the point (what kind of response will be illegal).In the first installment, we will cover "general remarks (definition of power harassment, disadvantages that power harassment gives to companies, methods to prevent power harassment, etc.)".
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Atsumi & Sakai
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While power harassment (hereinafter referred to as "power harassment") tends to occur within companies, it can lead to serious situations such as the onset of mental illness or suicide, and damages (lost profits, consolation money, etc.) In some cases, not only the perpetrator and the company, but also the directors, etc. bear the obligation to compensate for the damage caused by the accident, etc.), and it is necessary for companies to actively deal with it from the perspective of respecting human rights and corporate profits.
According to Article 32-2, Paragraph 1 of the Act on Comprehensive Promotion of Labor Measures, power harassment is defined as "words and deeds against the background of a superior relationship in the workplace that exceed the scope necessary and reasonable for the purpose of employment. (In this course, this is referred to as "narrowly defined power harassment.") Strictly speaking, acts that are recognized as illegal in civil lawsuits fall within this scope. Unlike power harassment, in order to avoid the disadvantages that companies, etc. suffer due to power harassment, it is necessary to understand what kind of actions are judged to be illegal in civil lawsuits, and then deal not only with power harassment in the narrow sense, but also broadly. It is necessary to continue
In addition, there are cases where it is misunderstood that there is no need to deal with power harassment without consultation from the victim. Failure to respond to power harassment that has been identified by superiors, etc., may constitute a violation of the obligation to consider safety.Based on this theory of principles, it is necessary to understand, based on past judicial precedents, etc., the points to be kept in mind when dealing with power harassment consultations, investigating power harassment, and taking corrective measures for power harassment.
Therefore, this time, mainly based on judicial precedents of the past 10 years, what kind of actions are actually judged to be illegal in civil lawsuits, what kind of consultations, investigations, and corrective measures for power harassment We will explain in all three videos whether it is necessary to pay attention to the point (what kind of response will be illegal).In the first installment, we will cover "general remarks (definition of power harassment, disadvantages that power harassment gives to companies, methods to prevent power harassment, etc.)".
Atsumi & Sakai
Partner Lawyer Makoto Nakano
A member of the Tokyo Bar Association. For about 2010 years after registering as a lawyer in 5, she has been mainly engaged in representation services such as negotiations, litigation, labor tribunals, and provisional dispositions related to labor disputes. For about five and a half years from October 2015, she was in charge of the revision of the Whistleblower Protection Act (10) and the drafting of guidelines based on the same act (5).Currently, at Atsumi & Sakai Law Offices and Foreign Law Joint Enterprise, in addition to analyzing more than 2020 new reports and consultations that are received every month, I investigate fraudulent practices of employees and officers, support the establishment and dissemination of internal reporting systems, Respond to labor issues, etc.In addition, he is conducting research on business and human rights at bar associations, etc., and is considering public information of more than 2021 companies listed on the Tokyo Stock Exchange Prime Market.His main publications include “Practical Responses to Obligations of Businesses Based on the Whistleblower Protection Act” (Shojihomu, 150) and “Explanation: Revised Whistleblower Protection Act (1000nd edition)” (Kobundo, co-author, 2022). year), etc.
Profile
Atsumi & Sakai Law Office and Foreign Law Joint Office is the first domestic law firm to establish a completely independent foreign law joint venture. Crisis Management Practice) includes more than 10 former prosecutors (including those who have worked in the Ministry of Justice/Special Investigation Department), the Consumer Affairs Agency that has jurisdiction over the Whistleblower Protection Act, regulators, and compliance departments of financial institutions and business companies. It consists of members with diverse backgrounds and knowledge, such as lawyers with experience and lawyers with certified public accountants.Rather than relying heavily on fraud investigations, he also makes full use of innovative methods to address issues related to compliance, risk management, and corporate governance that clients face to prevent damage to corporate value and support early recovery.
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