Whistleblower Protection Act

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.

①The 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)).

②The term "whistleblower" as used in this Act means a person who has conducted whistleblowing.

③The term "reportable fact" as used in this Act means any of the facts listed in the following items:

④The term "administrative body" as used in this Act means any of the following organizations:

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.

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.

①In 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.

②In 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.

③A 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.

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.

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.

①The 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.

②The 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).

③The provisions of Article 5, paragraph (1) do not preclude the application of the provisions of Articles 14 and 15 of the Labor Contracts Act.

④The 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.

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.

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.

①A business operator must designate a person to be engaged in the operations of receiving whistleblowing provided for in Article 3, item (i) and Article 6, item (i), investigating the reportable fact relating to the whistleblowing, and taking necessary measures to correct it (referred to as the "operations to respond to whistleblowing" in the following Article) (referred to as a "person engaged in the operations to respond to whistleblowing" in the following Article).

②In addition to what is provided for in the preceding paragraph, a business operator must establish necessary systems to respond to and to appropriately handle the whistleblowing provided for in Article 3, item (i) and Article 6, item (i), and take other necessary measures, in order to protect whistleblowers and to ensure compliance with the provisions of laws and regulations relating to the protection of the lives, physical wellbeing, property, and other interests of citizens by making use of the content of whistleblowing.

③Concerning any business operator that regularly employs 300 or fewer workers, the phrase "must designate" in paragraph (1) is replaced with "must endeavor to designate" and the phrase "must establish" in the preceding paragraph is replaced with "must endeavor to establish".

④The Prime Minister is to establish guidelines necessary for the appropriate and effective implementation of the measures to be taken by business operators based on the provisions of paragraphs (1) and (2) (including as applied following the replacement of the terms pursuant to the provisions of the preceding paragraph) (these guidelines are simply referred to below as the "guidelines" in this Article).

⑤When establishing the guidelines, the Prime Minister must hear the opinion of the Consumer Commission in advance.

⑥Upon establishing the guidelines, the Prime Minister is to publicize them without delay.

⑦The provisions of the preceding two paragraphs apply mutatis mutandis to any change of the guidelines.

A person who is or was engaged in the activity of dealing with whistleblowing must not divulge any information which comes to the person's knowledge in connection with the activity of dealing with whistleblowing that enables the identification of the whistleblower, without just cause.

①If whistleblowing provided for in Article 3, item (ii) and Article 6, item (ii) is conducted by a whistleblower, an administrative body with the authority to impose a disposition or make a recommendation, etc. regarding the reportable fact must conduct necessary investigations, and if it recognizes that the reportable fact subject to the whistleblowing exists, it must take measures based on laws and regulations or any other appropriate measures.

②In order to ensure appropriate implementation of the measures provided for in the preceding paragraph, an administrative body (excluding the officials provided for in Article 2, paragraph (4), item (i)) that has the authority to impose a disposition or make a recommendation, etc. with regard to a reportable fact must respond to the whistleblowing provided for in Article 3, item (ii) and Article 6, item (ii), establish a system necessary for appropriately responding to it, and take other necessary measures.

③Notwithstanding the provisions of the preceding two paragraphs, if the whistleblowing referred to in paragraph (1) concerns a fact that constitutes a criminal act as provided for in Article 2, paragraph (3), item (i), the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) govern the criminal investigation and prosecution.

If a whistleblowing referred to in paragraph (1) of the preceding Article is erroneously conducted to an administrative body that does not have the authority to impose a disposition or make a recommendation or other act regarding the reportable fact subject to the whistleblowing, the administrative body must inform the whistleblower of the administrative body that has the authority to impose a disposition or make a recommendation or other act regarding that reportable fact.

The Prime Minister may request a report from, or give advice, guidance or recommendations to, a business operator if the Prime Minister finds it necessary for the enforcement of the provisions of Article 11, paragraphs (1) and (2) (including if these provisions are applied by replacing the terms pursuant to the provisions of paragraph (3) of the Article).

If the Prime Minister has given a recommendation under the preceding Article to a business operator that is in violation of the provisions of Article 11, paragraphs (1) and (2), and the person who received the recommendation has not complied with it, the Prime Minister may make a public announcement to that effect.

The Prime Minister may make an inquiry to or request cooperation from the relevant administrative bodies with regard to the affairs based on the provisions of this Act.

The Prime Minister must endeavor to collect, arrange, and provide information on the status of whistleblowing and whistleblowers, and any other information of which the dissemination contributes to compliance with the provisions of laws and regulations concerning the protection of whistleblowers and the protection of life, physical wellbeing, property, and other interests of citizens by utilizing the contents of whistleblowing.

The Prime Minister delegates the authority under this Act (excluding the authority provided for in Cabinet Order) to the Commissioner of the Consumer Affairs Agency.

The provisions of Articles 15 and 16 do not apply to the national government and local governments.

Any person who has divulged any information provided for in Article 12 in violation of the Article is to be subject to a fine of not more than 300,000 yen.

A person who has failed to make a report under Article 15 or has made a false report is punished by a civil fine of not more than 200,000 yen.