1. Introduction
The amended Whistleblower Protection Act (hereinafter the “Act”) was promulgated on June 12, 2020, and is scheduled to come into effect on June 1, 2022. As the effective date is fast approaching, are you ready for this?
The overall picture of the amendment to the Act is shown in the figure below.
The Act includes several important amendments which have an impact not only on Japanese companies and organizations but also Japanese subsidiaries of foreign companies.
In this article, I introduce the main points which Japanese subsidiaries of foreign companies need to know at minimum.
2. Main points which Japanese subsidiaries of foreign companies need to know at minimum
(1) Establishment of a system for responding to whistleblowing
First, the Act obligates companies and organizations to establish a system for responding to whistleblowing, including establishing an internal reporting channel and an investigation/correction rule (hereinafter the “whistleblowing system”). The Act requires companies and organizations with 300 employees or less to make their best efforts.
The Consumer Affairs Agency published the guideline, based on Article 11 (1) and (2) of the Act (hereinafter the “Guideline”), and the commentary of the Guideline (hereinafter the “Commentary”). Unfortunately, at the present time, the Consumer Affairs Agency has not published the English translation of the Guideline or the Commentary.
The Guideline requires companies and organizations to install...
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