Whistleblower Protection Act
公益通報者保護法
Contents
Read it chapter by chapter; the first chapter follows below. Or read the whole law on one page.
- Chapter I General Provisions第一章 総則Articles 1–2 · 2
- Chapter II Invalidity of Dismissal of, and Prohibition of Disadvantageous Treatment of, Whistleblowers on the Grounds of Whistleblowing第二章 公益通報をしたことを理由とする公益通報者の解雇の無効及び不利益な取扱いの禁止等Articles 3–10 · 8
- Chapter III Measures to Be Taken by Business Operators第三章 事業者がとるべき措置等Articles 11–14 · 4
- Chapter IV Miscellaneous Provisions第四章 雑則Articles 15–20 · 6
- Chapter V Penal Provisions第五章 罰則Articles 21–22 · 2
Chapter I General Provisions
第一章 総則
第一条(目的)
Changes on (Act No. 62 of 2025)
The purpose of this Act is to protect whistleblowers and to ensure compliance with the provisions of laws and regulations relating to the protection of the lives, physical wellbeing, properties, and other interests of citizens by providing for the invalidity of dismissal of, and the prohibition, etc. of disadvantageous treatment of, whistleblowers on the grounds of whistleblowing and the measures, etc. to be taken by business operators and administrative bodies with regard to whistleblowing, thereby contributing to the stability of the lives of citizens and to the sound development of the society and economy.
第二条(定義)
Changes on (Act No. 62 of 2025)
The term "whistleblowing" as used in this Act means a report made by a person stated in the following items with no wrongful purpose such as a purpose of acquiring a wrongful gain or causing damage to others, that a reportable fact that has occurred, or is about to occur, concerning a business operator provided for in the respective items (meaning a corporation or other organization and an individual who engages in business; the same applies below) (referred to below as "recipient of services"), or its officer (meaning a corporate director, executive officer, accounting advisor, corporate auditor, director, inspector, and liquidator, and any other person who is engaged in the management of the corporation (excluding a financial auditor) under the provisions of laws and regulations (meaning laws as well as orders based on them; the same applies below); the same applies below), employee, agent, or other persons engaged in the business of the recipient of services, to the recipient of services or a person designated by the recipient of services in advance (referred to as "recipient of services or other designated person"), to an administrative body with the authority to impose a disposition (meaning an order, revocation, and other acts involving the exercise of public authority; the same applies below) or issue a recommendation, etc. (meaning a recommendation and other acts which are not dispositions; the same applies below) with regard to the reportable fact, or a person designated by the administrative body in advance (referred to as "administrative body or other designated person" in item (ii) of the following Article and Article 6, item (ii)), or to a person to whom reporting the reportable fact is considered necessary in order to prevent their occurrence or the spread of damage caused by them (including persons who suffered or are likely to suffer damage because of the reportable fact, but excluding persons who are likely to cause harm to the competitive position or other legitimate interests of the recipient of services; the same applies in item (iii) of the following Article and Article 6, item (iii)).
この法律において「公益通報」とは、次の各号に掲げる者が、不正の利益を得る目的、他人に損害を加える目的その他の不正の目的でなく、当該各号に定める事業者(法人その他の団体及び事業を行う個人をいう。以下同じ。)(以下「役務提供先」という。)又は当該役務提供先の事業に従事する場合におけるその役員(法人の取締役、執行役、会計参与、監査役、理事、監事及び清算人並びにこれら以外の者で法令(法律及び法律に基づく命令をいう。以下同じ。)の規定に基づき法人の経営に従事している者(会計監査人を除く。)をいう。以下同じ。)、従業員、代理人その他の者について通報対象事実が生じ、又はまさに生じようとしている旨を、当該役務提供先若しくは当該役務提供先があらかじめ定めた者(以下「役務提供先等」という。)、当該通報対象事実について処分(命令、取消しその他公権力の行使に当たる行為をいう。以下同じ。)若しくは勧告等(勧告その他処分に当たらない行為をいう。以下同じ。)をする権限を有する行政機関若しくは当該行政機関があらかじめ定めた者(次条第二号及び第六条第二号において「行政機関等」という。)又はその者に対し当該通報対象事実を通報することがその発生若しくはこれによる被害の拡大を防止するために必要であると認められる者(当該通報対象事実により被害を受け又は受けるおそれがある者を含み、当該役務提供先の競争上の地位その他正当な利益を害するおそれがある者を除く。次条第三号及び第六条第三号において同じ。)に通報することをいう。
a worker (meaning a worker as provided for in Article 9 of the Labor Standards Act (Act No. 49 of 1947); the same applies below) or a former worker:a business operator that employs the worker or former worker, or that employed the worker or the former worker within one year before the date of the report (excluding business operators provided for in the following item);
労働者(労働基準法(昭和二十二年法律第四十九号)第九条に規定する労働者をいう。以下同じ。)又は労働者であった者 当該労働者又は労働者であった者を自ら使用し、又は当該通報の日前一年以内に自ら使用していた事業者(次号に定める事業者を除く。)
Changes on (Act No. 62 of 2025)
a dispatched worker (meaning a dispatched worker as prescribed in Article 2, item (ii) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985; referred to as the "Worker Dispatching Act" in Article 4); the same applies below) or a former dispatched worker: the business operator that receives, or received within one year before the date of the relevant report, the services of worker dispatch (meaning worker dispatch as prescribed in item (i) of the same Article; the same applies in Article 4 and Article 5, paragraph (2)) related to the relevant dispatched worker or the former dispatched worker;
Changes and moves to item (iv) on (Act No. 62 of 2025)
a worker or a former worker, or a dispatched worker or a former dispatched worker, who is or was engaged in the business within one year before the date of the report, when a business operator specified in the preceding two items conducts or conducted the business based on a contract for work or other contract with another business operator: the relevant other business operator;
Moves to item (v), (a) on (Act No. 62 of 2025)
a business operator that has the officer perform duties;
当該役員に職務を行わせる事業者
Moves to item (v), (b) on (Act No. 62 of 2025)
another business operator if the business operator stated in (a) engages in business based on a contract for work or other contract with that other business operator and the officer is engaged in the business.
イに掲げる事業者が他の事業者との請負契約その他の契約に基づいて事業を行う場合において、当該役員が当該事業に従事するときにおける当該他の事業者
The term "whistleblower" as used in this Act means a person who has conducted whistleblowing.
この法律において「公益通報者」とは、公益通報をした者をいう。
The term "reportable fact" as used in this Act means any of the facts listed in the following items:
この法律において「通報対象事実」とは、次の各号のいずれかの事実をいう。
the facts of criminal acts constituting the crimes provided for in this Act and in the laws listed in the Appended Table (including orders based on those laws; the same applies in this paragraph) as those concerning the protection of the life or physical wellbeing of an individual, or the interests of consumers, the conservation of the environment, the protection of fair competition, or the protection of the life, physical wellbeing, property, or other interests of the citizens; or the facts constituting the grounds for a civil fine provided for in this Act and the laws stated in the Appended Table; or
この法律及び個人の生命又は身体の保護、消費者の利益の擁護、環境の保全、公正な競争の確保その他の国民の生命、身体、財産その他の利益の保護に関わる法律として別表に掲げるもの(これらの法律に基づく命令を含む。以下この項において同じ。)に規定する罪の犯罪行為の事実又はこの法律及び同表に掲げる法律に規定する過料の理由とされている事実
Changes on (Act No. 62 of 2025)
the facts constituting the grounds for a disposition based on the provisions of the laws listed in the Appended Table, if the violation of the disposition constitutes the facts stated in the preceding item (including the facts constituting the grounds for issuing any other disposition, or grounds for issuing a recommendation, etc., if the facts constituting the grounds for the disposition constitute the violation of any other disposition based on the provisions of any of the laws listed in the Appended Table or the non-compliance with a recommendation, etc.).
The term "administrative body" as used in this Act means any of the following organizations:
この法律において「行政機関」とは、次に掲げる機関をいう。
Changes on (Act No. 62 of 2026)
Cabinet Office, the Imperial Household Agency, organizations provided for in Article 49, paragraph (1) or (2) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999), the Digital Agency, organizations provided for in Article 3, paragraph (2) of the National Government Organization Act (Act No. 120 of 1948), organizations under the jurisdiction of the Cabinet which were established pursuant to laws, organizations established within one of these organizations, or the employees of those organizations who are authorized by laws to independently exercise their authority; and
内閣府、宮内庁、内閣府設置法(平成十一年法律第八十九号)第四十九条第一項若しくは第二項に規定する機関、デジタル庁、国家行政組織法(昭和二十三年法律第百二十号)第三条第二項に規定する機関、法律の規定に基づき内閣の所轄の下に置かれる機関若しくはこれらに置かれる機関又はこれらの機関の職員であって法律上独立に権限を行使することを認められた職員
organizations (excluding assemblies) of local governments.
地方公共団体の機関(議会を除く。)
business operatormachine translation
「事業者」
A corporation or other organization, or an individual who carries on a business.
Defined inArticle 2, paragraph (1)
whistleblowingmachine translation
「公益通報」
A report made, not for a wrongful purpose such as gaining an unfair benefit or harming others, by one of the persons the items of Article 2, paragraph (1) list (workers, dispatched workers (派遣労働者) and officers (役員) among them), that a reportable fact (通報対象事実) has occurred or is about to occur at the business operator (事業者) the item names for that person, the recipient of services (役務提供先), or among its officers, employees, agents or others, made to that business operator or a person it designated in advance, to an administrative body (行政機関) with authority to make a disposition (処分) or recommendation about the fact or a person that body designated in advance, or to another person to whom reporting it is considered necessary to prevent it or the spread of the harm it causes.
Defined inArticle 2, paragraph (1)· applies throughout the law
dispositionmachine translation
「処分」
An order, a revocation or another act by which public authority is exercised.
Defined inArticle 2, paragraph (1)
recommendation, etc.machine translation
「勧告等」
A recommendation, or any other act that is not a disposition (処分, an order, revocation or other exercise of public authority).
Defined inArticle 2, paragraph (1)
recipient of servicesmachine translation
「役務提供先」
The business operator (事業者) that the items of Article 2, paragraph (1) name for each kind of whistleblower, such as the business that employs a worker, or receives a dispatched worker's (派遣労働者) services, now or within one year before the report, or the business whose duties an officer (役員) performs, concerning which, or whose officers, employees, agents or others, a whistleblowing report (公益通報) is made.
Short name set inArticle 2, paragraph (1)
recipient of services or other designated personmachine translation
「役務提供先等」
The recipient of services (役務提供先), the business operator (事業者) a whistleblowing report (公益通報) concerns, or a person that business operator designated in advance.
Short name set inArticle 2, paragraph (1)
laws and regulationsmachine translation
「法令」
Acts (法律) and orders (命令) made under Acts.
Defined inArticle 2, paragraph (1)
administrative body or other designated personmachine translation
「行政機関等」
In Articles 3 and 6, an administrative body (行政機関) with authority to make a disposition (処分) or a recommendation, etc. (勧告等) about the reportable fact (通報対象事実) concerned, or a person that body designated in advance.
Short name set inArticle 2, paragraph (1)· applies only in this provision and in Article 3, paragraph (1), item (ii); and Article 6, paragraph (1), item (ii)
worker
「労働者」
A worker as Article 9 of the Labor Standards Act defines one: a person, in any kind of occupation, who is employed at a business or office and is paid wages.
Defined inArticle 2, paragraph (1), item (i)
worker dispatchmachine translation
「労働者派遣」
Worker dispatch as defined in Article 2, item (i) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985): having workers one employs work under another person's direction and orders, and for that person, while they stay in one's own employment, not counting an arrangement made with that other person for it to employ the workers.
Defined inArticle 2, paragraph (1), item (ii)· applies only in this provision and in Article 4; and Article 5, paragraph (2)
Worker Dispatching Actmachine translation
「労働者派遣法」
Short name, used in Article 4, for the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985).
Short name set inArticle 2, paragraph (1), item (ii)· applies only in this provision and in Article 4
dispatched workermachine translation
「派遣労働者」
A dispatched worker as defined in Article 2, item (ii) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985): a worker employed by an employer (事業主) who is the subject of worker dispatch (労働者派遣).
Defined inArticle 2, paragraph (1), item (ii)
whistleblower
「公益通報者」
A person who has made a whistleblowing report (公益通報), as Article 2, paragraph (1) defines it.
Defined inArticle 2, paragraph (2)· applies throughout the law
reportable fact
「通報対象事実」
A criminal act, or a fact that is grounds for a civil fine (過料), under this Act or one of the Acts listed in the Appended Table (別表) as Acts protecting people's life, body, property and other interests, such as consumers' interests, the environment and fair competition, including orders under them; or the facts that are the grounds for a disposition (処分) under an Act listed in the Appended Table, where breaching that disposition would be such a criminal act or ground for a fine, including, where that disposition was made for breaching another disposition or not following a recommendation, etc. (勧告等) under those Acts, the grounds for that other disposition or recommendation.
Defined inArticle 2, paragraph (3)· applies throughout the law
administrative body
「行政機関」
The following bodies: the Cabinet Office (内閣府), the Imperial Household Agency (宮内庁), the commissions and agencies placed within it under Article 49, paragraph (1) or (2) of the Act for Establishment of the Cabinet Office, the Digital Agency (デジタル庁), the ministries, commissions and agencies provided for in Article 3, paragraph (2) of the National Government Organization Act, the bodies placed under the Cabinet's jurisdiction (内閣の所轄) by an Act (法律), the bodies placed within any of these, and officials of these bodies whom an Act allows to exercise authority independently; and the organs of local governments (地方公共団体) other than their assemblies (議会). Until the Reconstruction Agency (復興庁) is abolished, Article 3, paragraph (1) of the supplementary provisions (附則) of the Act that set up that Agency (Act No. 125 of 2011) reads the list with the Reconstruction Agency added after the Digital Agency.
Defined inArticle 2, paragraph (4)· applies throughout the law
the Cabinet
内閣
The body that holds executive power: the Prime Minister and the other Ministers of State (Articles 65 and 66). It administers the law, conducts foreign affairs, prepares the budget and issues Cabinet Orders (政令); Article 73 is the list. It answers to the Diet as a body (Article 66, paragraph (3)), and must resign if the House of Representatives passes a vote of no confidence and is not dissolved within ten days (Article 69).
Written by AI using Constitution, Arts. 65, 66, 69, 73 and Wikipedia: Cabinet of Japan as a reference.
company auditor
監査役
An officer of a stock company, elected by the shareholders meeting (Companies Act, Article 329, paragraph (1)), whose job is to audit how the directors carry out their duties and to write an audit report on it (Article 381, paragraph (1)). Not an outside accountant — that is the financial auditor (会計監査人) — and not a director: a company auditor may not also be a director or employee of the company or its subsidiaries (Article 335, paragraph (2)). The term normally runs to the annual shareholders meeting for the last business year ending within four years of election (Article 336, paragraph (1)).
Written by AI using Companies Act, Arts. 329, 335, 336, 381 as a reference.
director
取締役
An officer of a stock company, elected by the shareholders meeting (Companies Act, Article 329, paragraph (1)). Every stock company has at least one (Article 326, paragraph (1)). Where there is no board of directors, the directors run the company's business unless the articles of incorporation say otherwise (Article 348, paragraph (1)), and each of them represents it unless the company has chosen representative directors (代表取締役) or others to do that (Article 349, paragraphs (1) and (3)). Where there is a board (取締役会, board of directors), the directors are its members, and the board decides the business and normally chooses the representative directors from among them (Article 362). The term normally runs to the annual shareholders meeting for the last business year ending within two years of election (Article 332, paragraph (1)).
Written by AI using Companies Act, Arts. 326, 329, 332, 348, 349, 362 as a reference.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.