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
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)
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)
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)