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
Article 3Invalidity of Dismissal
第三条(解雇の無効)
Changes on (Act No. 62 of 2025)
The dismissal of a worker carried out by a business operator provided for in Article 2, paragraph (1), item (i) (limited to one that directly employs the worker; the same applies in Article 9) is void if it is on the grounds that the worker, being a whistleblower, has conducted whistleblowing provided for in the respective following items in the cases stated in those items.
if the whistleblower considers that a reportable fact has occurred, or is about to occur:whistleblowing to the recipient of services or other designated person;
if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur; or if the whistleblower considers that a reportable fact has occurred, or is about to occur, and submits a document stating the following matters (including a record made by an electronic method, a magnetic method, or any other method not recognizable to human senses; the same applies in (e) of the following item): whistleblowing to an administrative body or other designated person that has the authority to impose a disposition or make a recommendation or other act regarding the reportable fact:
the name and address or residence of the whistleblower;
公益通報者の氏名又は名称及び住所又は居所
details of the reportable fact;
当該通報対象事実の内容
reasons for considering that the reportable fact has occurred or is about to occur; and
当該通報対象事実が生じ、又はまさに生じようとしていると思料する理由
reasons for considering that measures based on laws and regulations, or any other appropriate measures should be taken with respect to the reportable fact.
if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur, and one of the following cases applies: whistleblowing report to a person to whom reporting the reportable fact is considered necessary to prevent its occurrence or the spread of damage it causes:
the whistleblower has reasonable grounds to believe that if they conduct whistleblowing provided for in the preceding two items, they will be subject to dismissal or other disadvantageous treatment;
the whistleblower has reasonable grounds to believe that if they conduct whistleblowing provided for in item (i), the evidence for the reportable fact might be concealed, counterfeited, or altered;
the whistleblower has reasonable grounds to believe that if they conduct whistleblowing as provided for in item (i), the recipient of services will divulge the information acquired with respect to the whistleblower without just cause despite knowing that the information enables the identification of the whistleblower;
it is requested that the whistleblower does not conduct whistleblowing provided for in the preceding two items by the recipient of services without just cause;
even if twenty days have elapsed from the day of conducting whistleblowing provided for in item (i) in writing, the whistleblower does not receive a notice from the relevant recipient of services or other designated person about the commencement of an investigation on the reportable fact, or the relevant recipient of services or other designated person does not investigate the reportable fact without just cause; or
Changes on (Act No. 62 of 2025)
the whistleblower has reasonable grounds to believe that harm to the life or physical wellbeing of an individual, or damage to the property of an individual (excluding an individual conducting business; the same applies below in this sub-item (f)) (limited to irreparable damage or substantial amount of damage to an extremely large number of individuals directly caused by the reportable fact; the same applies in Article 6, item (ii), (b) and item (iii), (b)) has occurred, or there is an imminent danger of its occurrence.
Article 4Invalidity of Cancellation of a Worker Dispatch Contract
第四条(労働者派遣契約の解除の無効)
Changes on (Act No. 62 of 2025)
The cancellation of a worker dispatch contract (meaning a worker dispatch contract prescribed in Article 26, paragraph (1) of the Worker Dispatching Act) by a business operator provided for in Article 2, paragraph (1), item (ii) is void if it is on the grounds that a whistleblower who is a dispatched worker working under the directions and orders of a business operator provided for in Article 2, paragraph (1), item (ii) (limited to a business operator receiving provision of the services of worker dispatch related to the relevant dispatched worker; the same applies in this Article and Article 5, paragraph (2)) has conducted whistleblowing provided for in the items of the preceding Article.
Article 5Prohibition of Disadvantageous Treatment
第五条(不利益取扱いの禁止)
Changes on (Act No. 62 of 2025)
In addition to what is provided for in Article 3, a business operator provided for in Article 2, paragraph (1), item (i) must not treat a whistleblower who is or was employed by the business operator in a disadvantageous manner, such as by demotion, reduction of salary, or non-payment of retirement allowance, or otherwise, on the grounds that the whistleblower has conducted whistleblowing provided for in the items of Article 3.
Removed on (Act No. 62 of 2025)
In addition to what is provided for in the preceding Article, a business operator provided for in Article 2, paragraph (1), item (ii) must not, on the grounds that a whistleblower who is a dispatched worker working under the directions and orders of the business operator has conducted whistleblowing provided for in the items of Article 3, request that the business operator carrying out the worker dispatch related to the whistleblower replace the dispatched worker, or otherwise treat the whistleblower in a disadvantageous manner.
Removed on (Act No. 62 of 2025)
A business operator provided for in Article 2, paragraph (1), item (iv) (limited to a business operator stated in (a) of the item; the same applies in the following Article and Article 8, paragraph (4)) must not reduce the remuneration or otherwise treat the whistleblower disadvantageously (excluding dismissal) on the grounds that the whistleblower, who performs or performed duties for the business operator, has conducted whistleblowing provided for in the items of the following Article.
Article 6Claim for Compensation for Damages in the Case of Dismissal as an Officer
第六条(役員を解任された場合の損害賠償請求)
Changes and moves to paragraph (2) on (Act No. 62 of 2025)
If a whistleblower who is an officer is dismissed by the business operator provided for in Article 2, paragraph (1), item (iv) on the grounds of having conducted whistleblowing provided for in the respective following items in the cases stated in those items, the whistleblower may claim compensation for damages arising from the dismissal from the business operator.
Removed on (Act No. 62 of 2025)
if the whistleblower considers that a reportable fact has occurred, or is about to occur:whistleblowing to the recipient of services or other designated person;
Removed on (Act No. 62 of 2025)
if one of the following applies: whistleblowing to an administrative body or other designated person that has the authority to impose a disposition or make a recommendation or other act regarding the reportable fact:
Removed on (Act No. 62 of 2025)
if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur despite efforts being made to conduct investigative and corrective measures (meaning measures necessary for investigation and correction of the reportable fact with the same level of care as that of a prudent manager; the same applies in (a) of the following item);
Removed on (Act No. 62 of 2025)
if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur, and also that harm to the life or physical wellbeing of an individual, or damage to the property of an individual (excluding an individual conducting business) has occurred or there is an imminent danger of its occurrence.
通報対象事実が生じ、又はまさに生じようとしていると信ずるに足りる相当の理由があり、かつ、個人の生命若しくは身体に対する危害又は個人(事業を行う場合におけるものを除く。)の財産に対する損害が発生し、又は発生する急迫した危険があると信ずるに足りる相当の理由がある場合
Removed on (Act No. 62 of 2025)
if one of the following cases applies: whistleblowing to a person to whom reporting the reportable fact is considered necessary to prevent its occurrence or the spread of damage it causes:
Removed on (Act No. 62 of 2025)
if a whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur despite efforts being made to conduct investigative and corrective measures, and one of the following applies:
Removed on (Act No. 62 of 2025)
the whistleblower has reasonable grounds to believe that if they conduct whistleblowing provided for in the preceding two items, they will be subject to dismissal, reduction of remuneration, or other disadvantageous treatment;
Removed on (Act No. 62 of 2025)
the whistleblower has reasonable grounds to believe that if they conduct whistleblowing provided for in item (i), the evidence for the reportable fact might be concealed, counterfeited, or altered;
Removed on (Act No. 62 of 2025)
it is requested that the whistleblower does not conduct whistleblowing provided for in the preceding two items by the recipient of services without just cause.
Removed on (Act No. 62 of 2025)
if the whistleblower has reasonable grounds to believe that a reportable fact has occurred or is about to occur, and also that harm to the life or physical wellbeing of an individual, or damage to the property of an individual (excluding an individual conducting business) has occurred or there is an imminent danger of its occurrence.
通報対象事実が生じ、又はまさに生じようとしていると信ずるに足りる相当の理由があり、かつ、個人の生命若しくは身体に対する危害又は個人(事業を行う場合におけるものを除く。)の財産に対する損害が発生し、又は発生する急迫した危険があると信ずるに足りる相当の理由がある場合
Article 7Limitation of Claims for Damages
第七条(損害賠償の制限)
Changes on (Act No. 62 of 2025)
The business operator provided for in each item of Article 2, paragraph (1) may not claim compensation from the whistleblower who has conducted whistleblowing on the grounds that the business operator has suffered damage due to the whistleblowing provided for in each item of Article 3 and each item of the preceding Article.
Article 8Interpretative Provisions
第八条(解釈規定)
The provisions of Articles 3 through 7 do not preclude the application of the provisions of other laws and regulations that prohibit dismissal or any other disadvantageous treatment of a person stated in the items of Article 2, paragraph (1) on the grounds of making a whistleblowing regarding a reportable fact.
Changes on (Act No. 62 of 2025)
The provisions of Article 3 do not preclude the application of the provisions of Article 16 of the Labor Contracts Act (Act No. 128 of 2007).
第三条の規定は、労働契約法(平成十九年法律第百二十八号)第十六条の規定の適用を妨げるものではない。
Changes on (Act No. 62 of 2025)
The provisions of Article 5, paragraph (1) do not preclude the application of the provisions of Articles 14 and 15 of the Labor Contracts Act.
Changes on (Act No. 62 of 2025)
The provisions of Article 6 do not preclude the application of the provisions of other laws and regulations to the effect that a person who has been dismissed as an officer by a business operator provided for in Article 2, paragraph (1), item (iv) on the grounds of having made a report concerning a reportable fact may claim compensation for damages arising from the dismissal against the business operator.
Changes on (Act No. 62 of 2025)
The prohibition of dismissal or other disadvantageous treatment, on the grounds of having conducted whistleblowing provided for in the items of Article 3, of national public employees in the regular service, court employees to whom the Act on Temporary Measures concerning Court Officials (Act No. 299 of 1951) applies, Diet employees to whom the Diet Officers Act (Act No. 85 of 1947) applies, corps personnel provided for in Article 2, paragraph (5) of the Self-Defense Forces Act (Act No. 165 of 1954), and local public employees in the regular service (referred to as "regular service national public employees, etc." in this Article) is governed, notwithstanding the provisions of Articles 3 through 5, by the provisions of the National Public Service Act (Act No. 120 of 1947; including as applied mutatis mutandis under the Act on Temporary Measures concerning Court Officials), the Diet Officers Act, the Self-Defense Forces Act, and the Local Public Service Act (Act No. 261 of 1950). In this case, a business operator provided for in Article 2, paragraph (1), item (i) must apply the provisions of those Acts so that no dismissal or other disadvantageous treatment is imposed on regular service national public employees, etc. on the grounds of having conducted whistleblowing provided for in the items of Article 3.
第三条各号に定める公益通報をしたことを理由とする一般職の国家公務員、裁判所職員臨時措置法(昭和二十六年法律第二百九十九号)の適用を受ける裁判所職員、国会職員法(昭和二十二年法律第八十五号)の適用を受ける国会職員、自衛隊法(昭和二十九年法律第百六十五号)第二条第五項に規定する隊員及び一般職の地方公務員(以下この条において「一般職の国家公務員等」という。)に対する免職その他不利益な取扱いの禁止については、第三条から第五条までの規定にかかわらず、国家公務員法(昭和二十二年法律第百二十号。裁判所職員臨時措置法において準用する場合を含む。)、国会職員法、自衛隊法及び地方公務員法(昭和二十五年法律第二百六十一号)の定めるところによる。この場合において、第二条第一項第一号に定める事業者は、第三条各号に定める公益通報をしたことを理由として一般職の国家公務員等に対して免職その他不利益な取扱いがされることのないよう、これらの法律の規定を適用しなければならない。
Article 10Respect for the Legitimate Interests of Others
第十条(他人の正当な利益等の尊重)
Changes on (Act No. 62 of 2025)
Any person who conducts whistleblowing as provided for in the items of Article 3 and the items of Article 6 must make efforts not to damage the legitimate interests of others and the public interest.
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
investigative and corrective measuresmachine translation
「調査是正措置」
In Article 6, investigating a reportable fact (通報対象事実) and taking the measures needed to correct it, with the care of a prudent manager (善良な管理者の注意).
Defined inArticle 6, paragraph (1), item (ii), (a)· applies only in this provision and in Article 6, paragraph (1), item (iii), (a)
regular service national public employees, etc.machine translation
「一般職の国家公務員等」
In Article 9, regular service national public employees (一般職の国家公務員), court officials to whom the Act on Temporary Measures concerning Court Officials applies, Diet officers to whom the Diet Officers Act applies, Self-Defense Forces personnel (隊員) as defined in Article 2, paragraph (5) of the Self-Defense Forces Act, and regular service local public employees (一般職の地方公務員), for whom the ban on dismissal and other disadvantageous treatment for making the whistleblowing (公益通報) Article 3 describes rests on the National Public Service Act, the Diet Officers Act, the Self-Defense Forces Act and the Local Public Service Act instead of Articles 3 to 5.
Short name set inArticle 9, paragraph (1)· applies only in this article
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.