Social psychologist Okada Yasuko coined the term ‘pawa-hara’ in 2003. She had worked for the victims of harassment. Her work was one of the major reasons for workplace harassment to be recognised while starting a conversation around the same. The term pawa hara is an abbreviated form where ‘pawa’ refers to power and ‘hara’ means harassment. In recent years Japanese work culture has seen a rise in harassment at the workplace owing to their traditional hierarchal-based organisational setup. There are instances of behaviour that is abusive, discriminatory, and exploitive and is directed from the superior toward an employee. This is owing to a work culture of micro-management and an expectation of subservience from the employees.
Power and harassment in Japan
In Japanese culture, authoritarian leaders are looked upon for their assertiveness and are expected to coach their subordinates towards success using whatever means they deem appropriate. Often the bosses are individuals who are lauded for their courage and integrity.
In recent years, owing to the change of world politics, legislation, and declarations in the field of human rights, Japan has seen an increase in cases of power harassment being reported in court, this meant that workplace bullying is no longer being accepted at the workplace.
Earlier cases of power harassment were dealt with under the Japanese Civil code however now there are new guidelines and legislation in place. Leading to the revision of Japanese labor-related legislation which defines power harassment as “verbal or physical behaviour that goes beyond the business necessity and that takes advantage of superior positions in a relationship, harming the workplace environment”.
Anti-harassment law in Japan
The Japanese National Diet in the year 2019 introduced the Power Harassment Prevention Act, amending the Labor Policy Comprehensive Promotion Act which brings prevention of power harassment at the forefront. Chapter 8 of the act now defines power harassment as “remarks and behaviour of people taking advantage of their superior positions in the workplace that exceed what is necessary and appropriate for the conduct of business, thereby harming the working environment of employees.”
The Ministry of Health, Labour, and Welfare has defined examples of workplace harassment as :
- physical abuse
- mental or emotional abuse
- deliberate isolation of the employee in the workplace
- overwork of the employee
- providing an employee with work that is far below their skill level
- infringement of the privacy of an employee by asking personal questions irrelevant to business purposes.
The law has taken effect as to large employers on June 1, 2020. It prohibits the retaliatory discharge of employees who complain about power harassment and requires employers to put systems in place for reporting and addressing power harassment.
Under the legislation which was scheduled to be operational from 2020, the employers are expected to implement consulting mechanisms along with having a zero-tolerance towards power harassment at the workplace.