It’s not personal ignorance of the law — it’s institutional negligence.
Read the original article (in Japanese):
夜遅くのメールに気づかなかった部下に「社会人失格」と叱責。社内文化が絶対の“過去”にとらわれた上司のハラスメントと解決策｜FNNプライムオンライン
Introduction｜Harassment Is a Culturally Inherited Phenomenon
In one company, a young employee was scolded by a manager as “unfit for the workforce” for not responding immediately to a late-night email. But late-night responsiveness had become the norm, and not complying with it meant being seen as uncommitted.
The problem wasn’t an impulsive manager — it was the reproduction of ingrained habits and legal ignorance within the organization.
In reality, responding at night counts as overtime. After 10 p.m., premium pay is legally required. If it exceeds the limits of the labor-management agreement (36 Agreement), it becomes illegal. Yet many companies treat this as “common sense,” forcing employees to comply.
This ignorance exists on both sides. Managers don’t recognize the illegality; subordinates can’t articulate that it’s wrong. Lack of knowledge produces silence and passive compliance, allowing illegality to persist.
And the real issue lies in the structural responsibility of companies that appoint legally unaware individuals as managers without training. Many managers are chosen based on seniority or sales, with no assessment of suitability. Managerial roles are viewed as reward posts.
Harassment is not a personality flaw. It’s a structural consequence of organizational design and educational neglect — not accidental, but entirely predictable.
Chapter 1｜A Pseudo-Control Society Built on Shared Ignorance
When harassment occurs, the focus often falls on the perpetrator’s character. But the more important question is: Why wasn’t it stopped?
Victims stay silent out of fear — fear of hierarchy, of losing opportunities, of social pressure. Legally, none of these justify inaction, but raising your voice at work requires knowledge.
On the other side, many perpetrators don’t even realize they’re harassing someone. They believe late-night work is “normal” and scolding is “leadership.”
In Japan, few people carry guns, drive without seatbelts, or leave stores without paying — because they know these are illegal. But labor law? Most don’t even know what’s legal and what’s not.
They don’t know the definition of harassment
They don’t understand working hours
They don’t know the boundary between authority and legal responsibility
This ignorance is the common cause on both sides of the power dynamic.
Chapter 2｜It’s Not Just Personality — Separating Personal and Structural Responsibility
Yes, the individual committed the act. But stopping the discussion there does nothing to prevent future cases.
We must distinguish between:
Personal responsibility – direct actions (verbal abuse, orders)
Structural responsibility – organizational failures (appointment, training, rules)
Most companies focus only on the former, painting it as a one-off incident. But the real questions are:
Why was this person appointed?
Why weren’t they trained?
Why did such values persist unchallenged?
This is where accountability truly lies.
Chapter 3｜How Poor HR Decisions Breed Harassment
The root of many cases lies in one thing: neglecting the importance of HR appointments.
Managers are often selected based on seniority or sales numbers — with no check on their legal knowledge, communication skills, or leadership fitness. Management is treated as an entitlement, not a duty.
| What’s Required | What Actually Happens |
|---|---|
| Management aptitude | Appointed by seniority |
| Labor law knowledge | Appointed by sales figures |
| Calm and balanced judgment | Role filled by necessity |
| Organizational awareness | Chosen based on popularity |
This is organizational malpractice.
A great salesperson isn’t necessarily a great manager. The skills required are fundamentally different.
Chapter 4｜Fixing the System: Not Personality, But Structure
“It’s just their personality” — is an easy excuse. But personality is something companies can screen for. The failure lies in appointing and failing to educate that person.
The solution is simple:
Before appointment: evaluate managerial aptitude (behavior, communication, calmness)
At appointment: mandatory training in labor law and compliance
After appointment: regular review and retraining
At the team level: feedback systems and culture monitoring
Being a manager is not just a position of power — it is a legal and ethical obligation.
In many Western countries, one cannot become a manager without first undergoing training or certification.
| Area | Western Companies | Japan |
| Legal knowledge required | Mandatory training | Rarely understood |
| Role clarity | Contract-based authority | Based on atmosphere |
| Legal risk of misconduct | Personal liability (litigation risk) | Often hidden by the company |
Abroad, lack of knowledge disqualifies you from leadership. This also serves as corporate risk mitigation. Many Japanese companies simply lack this mindset.
Conclusion｜Harassment Is the Consequence of Neglect
Harassment is not an unpredictable accident, nor just a matter of personality. It is the result of ongoing neglect and systemic irresponsibility by the organization.
Appointments lacked any clear rationale
Training was dismissed as a cost
Ignorance was tolerated — as if it were acceptable
As long as these practices persist, harassment will happen again.
To stop it, companies must rebuild how they think about personnel and appointments. If they don’t, they will continue to lose talent, damage their reputation, and erode their own organizational value.
Harassment isn’t random — it’s what the company has created.
Read in Japanese ↓（For Japanese learners!）
人事軽視によって、会社はハラスメントやコンプラ違反で衰退する（2025.10.22）
Read more articles (in Japanese)↓
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