Power harassment / sexual harassment is a crime! What? Workplace illegal conduct Summary
Power harassment / sexual harassment is a crime
Recently, I frequently see the word "harassment" in news.
In the first place, English harassment is a word meaning suffering, annoying, annoying, etc. This is used in the meaning of harassment or bullying.
By the way, do you know what kind of thing is harassment?
For example, "moral harassment (Morahara)" is a harassment by words that are done in the workplace and in the family, and is going to pursue the mental control of the opponent.
"Academic harassment (Akahara)" is a harassment conducted at schools, universities, laboratories, etc., such that professors do not give units or research themes. In case
In addition, "Maternity · Harassment (Matahara)" conducted in the workplace due to pregnancy and childbirth, "Doctor · Harassment (Doctor · Harassment)" where physicians take a high pressure attitude towards patients and exhale violence It is said that there are more than 25 kinds of harassment such as "smell harassment (smearal)" which gives discomfort to surrounding people with body odor or perfume.
Among them, well-known items are "power hara" and "sexual harassment", but in recent years the number of cases leading to labor troubles and to trials has increased as a trend in recent years.
So, what do you do, this time power and sexual harassment? What kind of crime is possible? I would like to explain legally about such things.
【What are the three requirements for power harassment? 】
The Ministry of Health, Labor and Welfare 's "Report on the Working Group on the Bullying and Harassment in the Workplace" published by the Ministry of Health, Labor and Welfare defines power hara as follows. In case
"Person who works in the same workplace gives mental and physical distress beyond the proper scope of work, deteriorating the workplace environment beyond the business scope based on superiority in the workplace such as job position and human relations Act to make it. "
"Including not only what is done from superiors to subordinates but also senior / junior colleagues and colleagues, as well as those conducted from various subordinates to supervisors against the background."
In power hara? We consider the following three requirements to consider the acts considered to be considered. In case
① Is this done to those working in the same workplace?
② Is it done on the back of the superiority in the workplace such as job position and human relations?
③ Does it exerts mental and physical pain and exacerbates the workplace environment beyond the scope of business?
【What is the six acts that will be power hurdles? 】
Next, the acts that become powerful are specifically classified into the following six categories.
① Physical attack (assault / injury)
② Mental attack (intimidation, insult, etc.)
③ Isolation from human relations (isolation, removal of members and neglect)
④ Excessive demand (obviously unnecessary in business and compulsion of impossible to perform, disturbance of work)
⑤ Inadequate request (to order less work that is far from capability and experience and no job without reasonable business)
⑥ infringement (excessive entry into private things)
【High Power Amount Paid in Power Trial Court? 】
In the case of power harassment, the victim can file a lawsuit in civil proceedings seeking damages.
That is because the company has the following obligations and responsibilities for employees.
"Obligatory work environment consideration"
The company has an obligation to prepare a work environment accompanying employment contracts exchanged with employees = obligation to consider the workplace environment.
In case of damage such as power harassment or sexual harassment to employees etc., the company must compensate the damage as a violation of obligation on work environment (obligation default <Article 415 of the Civil Code>).
A person using another person for a certain business is responsible for compensating damages the employee (employee) has made to a third party (Article 715 of the Civil Code).
In past cases, high damages for damages are allowed in cases where employees committed suicide by a spectacular power harassment conducted at the workplace.
【Do you become a criminal if you do power hara? 】
As mentioned above, a claim for damages due to power hurdles will be judged on trial as a civil case. In case
On the other hand, does power warrant become a criminal case as a criminal case? In case
Indeed, there is a possibility of becoming a crime.
For example, if you make a physical attack such as hitting or kicking, you may become "injured crime" or "assault crime". In case
"Penal Code" Article 204 (Injury)
Persons who injured a person 's body shall be punished by imprisonment with work for not more than 15 years or a fine of not more than 500,000 yen.
Article 208 (assault) If a person who has committed assault does not result in injury, he / she shall be punished by imprisonment with work for not more than 2 years or a fine of not more than 300,000 yen, or detention or fines.
In case of injury, the maximum punishment will be punished by imprisonment of 15 years, so please be careful enough. In case
【Will it be a power hurdle even at education and guidance at work? 】
By the way, I have sometimes received questions from the president of the company and the managers in the position to lead the subordinates. In case
"At work, I sometimes reprimand my subordinates with the necessary guidance and attention, but will it also become a power hurd?"
"It is natural to scold employees who made mistakes, but I do not know how to handle them if it is done to the power until that ..."
Certainly, recently when reprimanding on the job, it seems that there is something called "Powerful!", But is it rewarding on business as powerful? In case
In fact, in the case of lack of abilities of employees or negligence of duties, the company is not to be able to discipline dismissal such as dismissal until the employee is educated and guided.
Attacks on personality that go beyond degree will be powerful, but please remember that normal work scolding is not a power hurdle.
【5 measures to prevent power hurd】
According to the statistical data published by the Ministry of Health, Labor and Welfare "Status of Independent Labor Dispute Resolution Enforcement in Heisei 20 fiscal year", 59,197 cases of "bullying and harassment" were included in the consultation on individual civil labor disputes among general labor consultations, "And" retirement "were suppressed, and it became the most number for the second consecutive year.
I can see how consultation and troubles of power harassment and sexual harassment are increasing.
So, next, I will introduce five measures to prevent power hurdling in the workplace.
① Show the clear stance that the top of the company should eliminate power hurdles from the workplace.
② In the work discipline discipline including the employment regulations, we will prepare policies to deal strictly with those who conducted power harassment and sexual harassment, and guidelines specifying concrete disciplinary measures.
③ By grasping the actual situation and current situation of power harassment in the workplace by conducting questionnaires inside the company.
④ Implement knowledge and consciousness of prevention of power by conducting training etc. for employees.
⑤ We will publish these and other efforts for measures against power harassment in our company newsletter, HP, etc. and make awareness and awareness to employees.
If appropriate countermeasures and measures are taken, it is possible to eliminate power hurdles from the workplace, and if we do not lose it reliably, our employees suffer physical and mental distress and cause serious damage to our company.
To enable both the company and employees to do their best in their work with happy relationships, the company president, managers, and all business people should know these knowledge and practice it by all means I want you.
Next, I will explain about sexual harassment.
Normally, there is a possibility that you can sue with sexual harassment, which you do casually.
【Will the eye for sexual harassment of society become tough? 】
In February 2015, the ruling of a sexual harassment trial was handed down to the Supreme Court.
Indeed, it is unusual for cases where the sexual harassment problem is contested to the Supreme Court, and the way of the judgment gathered the attention of the public.
From 2010 to 2011 employees in the management staff of Osaka's aquarium told female temporary workers, "My sexuality is increasing year by year," "What do you do with marriage and what are you doing in this place, crying with parents" In this trial, which was contested by disciplinary action taken by the company by continuing to say sexual harassment such as, the main two points were the following two points.
- What kind of behavior is sexual harassment?
- Is the disciplinary action undertaken by the company appropriate?
The following four points are known from the contents of the judgment.
① Legally recognized that the company imposes heavy disposal against sexual harassment from the beginning, broad discretion is allowed to the company side.
② The way to relieve sexual harassment victims is opening up.
② A sweet response to sexual harassment may hurt corporate image and affect business performance as well.
③ In the future, corporations will be required to strictly respond to sexual harassment as well as to improve the internal organization.
In other words, the world's eye for sexual harassment becomes severer, and the enterprise side can deal strictly with employees who sexually harassed.
Until now, the possibility that sexual harassment will severely be punished for the behavior that I thought "It will not be sexual harassment" is high.
[What is the act of becoming sexual harassment? 】
The law related to sexual harassment is stipulated in "Equal Employment Opportunity Law".
First, we will consider the following three points to judge whether sexual harassment in the workplace acts.
① "Whether it is done in the workplace"
A workplace is, of course, a "work place" such as an office of a company to which an employee (worker) belongs.
For example, an office of a company of a business partner, a restaurant in a meeting, a house of a customer, etc. are also workplaces.
② "Whether it is against workers' will"
According to the Ministry of Health, Labor and Welfare's "Guidelines on Measures for Employers to Take for Employment Management on Employers' Problems Due to Sexual Behavior in the Workplace", it is said that sexual harassment has "consideration type" and "environmental type".
○ Value type sexual harassment
In the workplace, sexual behavior against workers' intentions was made and those who suffer disadvantages such as dismissal, relegation, reduction in salary due to refusal.
Typical examples are as follows.
- The president who compelled sexual relations to female employees was dismissed because they were refused.
- Presidents and bosses regularly made remarks to employees etc within the sales office, but we demoted employees because they were protested.
- The boss touched the subordinate's body in a car on the business trip and carried out disadvantageous demotion and placement change because it was resisted.
○ Environment type sexual harassment
Because the environment of the workplace became unpleasant by the sexual behavior being done, there is a big negative impact on the demonstration of the workers' abilities.
Typical examples are as follows.
- Because of his sexual harassment behavior, his subordinates felt painful and his motivation for employment declined.
- Female employees and superiors intentionally and with sexual information about employees etc.
Due to continuous dissemination at business partners, employees etc. who felt pain suffered from work.
- Although the workers protested, the boss felt pain and became unable to concentrate on work as the boss posted a nude poster in the office.
③ "Whether the behavior that was done is sexual"
Below is a concrete example of what kind of action sexual harassment will become.
〇 Asking for sexual facts
〇 Distribution of information of sexual content intentionally
○ Sexual joke and teasing
○ Relentless invitation to meals, dates, etc.
〇 Talking about a personal sexual experiences story
__forcing sexual relations
〇 Touching your body unnecessarily
〇 Distributing and posting obscene drawings (such as nude posters)
○ Forced obscene acts, rape etc
【Damages to sexual harassment also expensive? 】
As in the case of power harassment, companies also undertake "sexual harassment" obligations to employees and "employee responsibility" to employees.
In recent years, damage compensation tends to be expensive.
In lawsuits seeking damages for female employees repeatedly sexually harassed by male employees who suffered mental suffering and developed post-traumatic stress disorder (PTSD) and forced to retire, unusually high compensation Gold was accepted.
If you are neglecting internal crisis management, damage to the company will also increase, so be careful.
【The possibility of sexual harassment becoming a crime ...】
Furthermore, as with power harassment, sexual harassment may also be a crime.
Currently, there are no laws that directly conflict with sexual harassment, but laws pursuing perpetrator criminal responsibilities include the following.
〇 "Injury crime" (Article 204 of the "Penal Code")
Persons who injured a person 's body shall be punished by imprisonment with work for not more than 15 years or a fine of not more than 500,000 yen.
※ It is applied to mental injuries that weaken the spirit though this is injured. In case
〇 "extortion crime" (Article 223 of the "Penal Code")
- Those who intimidate by announcing the effect of harming life, body, freedom, honor, or property, or using assault, making a person not to be obliged, or interfering with the exercise of rights, I am imprisoned with the following imprisonment.
〇 "Loss of Liberty" (Article 230 of the "Penal Code")
- Those who openly announced the facts and damaged the person's honor shall be punished by imprisonment with or without work for 3 years or less or a fine of 500,000 yen or less, regardless of the fact.
〇 "contempt" (Article 231 of the "Penal Code")
Those who insulted publicly, even if they do not draw facts, shall be subject to detention or fines.
In addition, in some cases, "assault violation", "compulsive obscene crime", "rape trial" and the like may be applied.
【Preventing sexual harassment to be taken by the company】
So, what kind of measures to prevent sexual harassment the company should take?
It is excerpted from "Guidelines on Measures to be Taken for Employment Management with regard to Issues Due to Sexual Behavior in the Workplace" as stipulated by the Ministry of Health, Labor and Welfare.
① "Clarification of company policy and its publicity and obligation"
- Clarify the policy of prevention of sexual harassment in documents that include discipline regulations including employment rules, in-house newsletters, pamphlets, websites, etc. and thoroughly train employees such as training and seminars.
- Establish disciplinary provision for those who have performed sexual harassment, and publicize the contents to employees.
② "Clarification of consultation response"
- Clarify and inform the establishment of consultation counter and person in charge.
- Develop manuals and systems when consultation is received.
③ "Speeding up and adapting post-processing of sexual harassment cases"
- Listen to both sexual harasser and those who acted.
- Quick and appropriate response to both the victim and the actor. (Mediation and relocation for resolving conflicts, disciplinary action etc)
④ "Protecting the privacy of counselors / actors"
- Appropriate measures for privacy protection.
- Measures to prevent advertisers and witnesses from suffering disadvantages.
Well, until now, I have explained about power harassment and sexual harassment.
From the flow of the trial, it seems that both companies and employees will be required to deal strictly with high ethical standards in the future.
If you have a sweet idea such as "You will be forgiven about this", please learn the correct knowledge on this occasion.
Far from the illegal act of power harassment and sexual harassment, I would like you to pay attention so that you do not shake life itself, not your company employee life.
2015.2.26 21: 16
【Kaiyukan sexual harassment lawsuit】
"My sexual desire will increase year by year ..." Sexual harassment stops attending work · Releasing demotion is reasonable Supreme Court
Bone of the Yaizenkai sexual harassment lawsuit
The aquarium "Osaka Aquarium" in Osaka City Minato Ward decided on the suit for appeal of a lawsuit against the suitability of the disposition which the two men managerial officials stopped attending due to sexual harassment to women for the reason, 1 small court (Kimikizaki Seiji = Kanetsuki · Seiki = presiding judge). The same small tribunal dismissed the second trial Osaka High Court ruling that dismissed the disposition as being too heavy, saying "Disposition is effective in light of the employment regulations", declared a reversal judgment validating the disposition of the Osaka Aquarium.
The Equal Employment Opportunity Law obliges the prevention of sexual behavior in the workplace, and companies are disposing of sexual harassment under the same law and guidelines of the Ministry of Health, Labor and Welfare. The judgment of the Supreme Court is likely to affect the response of companies.
According to the ruling, two men in their forties who were surrogate manager of section manager said that they repeated sexual remarks such as "sexual desire increased every year" to women of temporary employees etc. In February 2012, He was demoted and received a disciplinary action for 30 days and 10 days. The man argued that "heavy disposal following disciplinary dismissal without prior warning was illegitimate".
The same tribunal says that the Osaka Aquarium prohibits sexual harassment in internal documents and also conducts training, and since it had stipulated disciplinary measures such as suspension of attendance due to employment regulations, "the disposition of the company is not an abuse of disciplinary authority" It was judged.
The 1st trial Osaka District Court judged that the disposition is valid as "It is malignant to repeat remarks that give a strong discomfort to female employees who are vulnerable even though they are bosses." The second trial, however, decided that the male side won the reversal as "sexual harassment is not minor, but it is severe with heavy disposal with no prior warning".