News Details
2025.12.12
Mandatory Stress Check System for Small-scale Workplaces & New Harassment Prevention Obligations
Introduction
In this month’s newsletter, we highlight two important legal revisions scheduled to come into effect in 2026.
Both amendments clarify employer responsibilities and are expected to have a significant impact on workplace practices. At this time, we will provide an overview of each revision along with key points employers should take into consideration.
1. Mandatory Stress Check System for Small-Scale Workplaces
Under the revised Industrial Safety and Health Act, scheduled to take effect on April 1, 2026, the implementation of a stress check system will become mandatory for small workplaces with fewer than 50 employees.
This amendment reflects the growing number of workers’ compensation claims for mental disorders and the growing number of incidences of mental health issues in smaller workplaces. In light of these trends, the government has decided to elevate the requirement previously considered a best-effort obligation, to become mandatory for businesses with less than 50 employees.
1). Required Actions for Workplaces
• Conduct an annual stress check.
• Provide medical interviews for high-stress employees.
• Improve the workplace environment based on assessment results.
• Ensure proper implementation systems and strict protection of privacy.
2). Additional Notes
• Support from Regional Industrial Health Centers may be available.
• Outsourcing the process is possible, and early preparation will help ensure smooth implementation.
2. Mandatory Measures for Employers to Prevent Workplace Harassment
Since June 2020 for larger businesses (and since April 2022 for small and medium-sized businesses), employers have been legally required to implement measures to prevent workplace harassment, and the specific requirements for such measures have been clearly defined.
Furthermore, under the “Act Partially Amending the Comprehensive Promotion of Labor Policies Act, etc.,” enacted in 2025, additional types of harassment have been newly added to the employer’s obligations for preventive measures, in addition to the previously mandated categories. These new obligations are scheduled to take effect in or after 2026.
1). Previously regulated types of harassment
• Power harassment
• Sexual harassment
• Maternity harassment
• Childcare and nursing care harassment
2). Newly added types of harassment
• Customer harassment (harassment by customers)
• Job-hunting sexual harassment (sexual harassment toward job applicants)
Harassment prevention continues to be a critical issue in labor management. We would therefore
like to provide you with an overview of the measures currently required of employers to
prevent harassment. With these legal revisions, companies must update existing
harassment regulations and internal rules to include measures for customer harassment
harassment regulations and internal rules to include measures for customer harassment
and job-hunting sexual harassment.
3）Key Employer Obligations
1. Clarifying Policies and Ensuring Employee Awareness
・Clearly state the prohibition of harassment in employment rules and internal regulations.
・Include a policy prohibiting any disadvantageous treatment against individuals seeking consultation.
・Companies are expected to provide thorough communication through training, internal notices, and
intranet postings.
2. Establishing Consultation Channels and Support Systems
・Set up an internal consultation desk and clarify response procedures for staff in charge.
・Provide training for personnel handling consultations and ensure easy access to both internal
and external consultation channels.
Methods of consultation should be specified and communicated to employees.
(e.g., meetings, email, phone)
(e.g., meetings, email, phone)
3. Prompt and Appropriate Responses After Consultation
・Confirm facts promptly and interview relevant individuals when a consultation is received.
・If harassment is confirmed, take necessary actions such as warnings, reassignment, or workplace
environment adjustments.
Follow-up with relevant departments and the introduction of recurrence-prevention measures are also required.
4. Protection of Privacy and Prohibition of Disadvantageous Treatment
・Handle consultation details and personal information carefully and avoid unnecessary sharing.
Employers must not treat employees unfavorably for seeking consultation or cooperating in an investigation (e.g., evaluation, assignment, or other personnel decisions).
Although no criminal penalties are currently stipulated for failing to implement these measures, companies may be subject to administrative guidance and face the risk of civil liability for damages.
Conclusion
With these legal revisions, companies must update existing harassment regulations and internal rules to include measures for customer harassment and job-hunting sexual harassment.
Furthermore, mental health initiatives are becoming increasingly important for organizations of all sizes.
ARK Labor and Social Security Attorney Corporation provides support for revising employment rules and harassment policies, implementing required systems, and conducting training or orientation sessions for managers and employees.
Please feel free to contact us for assistance.
Query on the phone+81-3-6821-9455