Journal of work health and safety regulation
Online ISSN : 2758-4755
Print ISSN : 2758-4771
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Displaying 1-6 of 6 articles from this issue
Review Article
  • Makoto OKAWARA, Satoshi YAMASHITA
    2023 Volume 2 Issue 1 Pages 1-16
    Published: 2023
    Released on J-STAGE: October 03, 2023
    Advance online publication: June 08, 2023
    JOURNAL FREE ACCESS

    This article reviews and organizes recent trends in teleworking, particularly working from home (WFH), and the scientific findings on its impact on workers’ health and wellbeing. It also introduces the current status of the system of WFH in Japan and raises points for consideration in establishing regulations for safe and healthy WFH. Health effects of WFH may vary depending on the workers’ personal factors, work-related factors, and intensity of WFH. To mitigate the disadvantages of WFH, it is necessary to consider factors shown to affect compatibility with WFH and take measures to reduce health risks. Detailed measures that accommodate employees’ individual circumstances and their own choices are also required for establishing regulations. Additionally, it is important to formulate regulations that respect the autonomy of workers and to build a relationship of trust and cooperation between workers and their employers when incorporating sustainable WFH.

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Original Article
  • Loïc LEROUGE, Eri KASAGI, Alexandre CHARBONNEAU
    2023 Volume 2 Issue 1 Pages 17-36
    Published: 2023
    Released on J-STAGE: October 03, 2023
    Advance online publication: June 21, 2023
    JOURNAL FREE ACCESS

    For a long time, there was no specific law dealing with workplace bullying and harassment in Japan. The need for a change in Japanese labour law was becoming critical in view of the rise in indicators relating to work-related mental diseases including suicide. This is why, on 29 May 2019, the country adopted a law that addresses the concept of “Power Harassment” (pawa hara). However, the legislative process leading to this result was complex in order to get a legal standard enacted for the labour administration defining power harassment that incorporates a representation of the notion of “superiority” in labour relations.

    French law on bullying and harassment at work is, on the contrary, much older, dating back to the law of 17 January 2002, and is the source of a very abundant jurisprudence on the subject. The latest advances to date are the consequences of the France Télécom ruling, handed down on 19 December 2019, which recognised the notion of “institutional psychological harassment” understood as a “general company policy destabilising and stressing a community”. The company’s former managers were sentenced to prison and the company as a legal entity was sentence to pay a fine. The “France Télécom” case shows that certain management methods, aimed in this particular case at reducing the workforce with no dismissal, give rise to acts of bullying and harassment. In some cases, this situation is able to push the targeted persons to commit suicide. This case echoes certain management methods in Japanese companies and long working hours as shown, for example, by the jurisprudence related to the “Dentsu case” (2000).

    The aim of this article is to examine two pathways to construct a legal regime on bullying and harassment at work. The debates on the ratification of International Labour Organization Convention 190 may be useful to highlight approaches countries might take to improve the scope of legislation on bullying and harassment at work. Developed countries, such as France and Japan, might also reflect on whether their current measures in force to prevent and address violence and harassment, which result from a long gestation period, are now sufficient to give full effect to the requirements of this instrument. Debates about ratification provide an opportunity for these countries to review their approach and to fill some gaps in the protection of those exposed to the risks of bullying and harassment.

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