Legal consultation on mental health
Mental Health Measures Are Critical for Risk Management in Business Operations
Managing employees with mental health issues is an essential aspect of risk management in today’s work environment, where stress is widespread. If an employee develops mental health problems due to work-related stress, the company may face serious social and financial liabilities. Even if the mental illness stems from non-work-related factors, failure by the employer to take appropriate action—such as forcing the employee to resign or dismissing them—can result in legal claims for abuse of dismissal rights or failure to fulfill the duty to avoid dismissal.There has been a noticeable increase in cases where employees submit medical certificates for mental health conditions and request a leave of absence, or where former employees later seek compensation from the company, claiming that their mental health deteriorated due to work. Companies must handle such cases with sincerity to avoid being held accountable and facing significant consequences.
The Need for Experts to Protect Companies from Problematic Employees
In recent years, some individuals have exploited Japan’s labor laws, which strongly protect workers, by repeatedly taking sick leave under the false claim of depression, or by exaggerating claims of harassment such as power harassment or sexual harassment, and demanding exorbitant compensation. To reject such unreasonable demands and properly address mental health issues, it is essential to have the support of professionals with comprehensive knowledge and experience who can objectively and logically analyze the facts and guide the company through appropriate procedures.
The Importance of Maintaining Proper Work Rules
When mental health issues emerge in the workplace, the provisions of the company's work rules become critical. For example: How long can a leave of absence be taken? Will salary be paid during that period? Will the employee be considered to have resigned if the leave period ends? Are disciplinary measures properly defined? If such rules are not appropriately established, the damage from mental health issues can be worsened. However, work rules must be established in advance—before problems arise—and must be properly communicated to employees; otherwise, they have no legal effect. It is essential to prepare them beforehand.
Support for Resolving Workplace Mental Health Issues
When dealing with employees experiencing mental health difficulties, it is essential to approach the situation not by discarding the individual from the organization, but by clearly identifying the issue and addressing it rationally through proper legal procedures—separating the issue from the person and the organization.Our firm actively supports the resolution of mental health issues in the workplace. We strictly adhere to confidentiality obligations regarding individuals and companies. Please feel free to consult with us.