The Ministry of Health, Labour and Welfare issued new guidelines on mental health on December 26 2011. In particular, they address the standards by which to determine whether mental health problems are deemed to be work related.
The new guidelines refer to certain thresholds for hours of overtime work:
- If the amount of overtime is around 160 hours in any one month, there is an extremely strong likelihood that a mental health problem will be deemed to be work related.
- If the amount of overtime is around 120 hours a month over a two-month period, there is a strong likelihood that a mental health problem will be deemed to be work related.
- If the amount of overtime is around 100 hours a month over a three-month period, there is a strong likelihood that a mental health problem will be deemed to be work related.
The guidelines also require that where a mental health problem is found to be work related, the entire duration of a period of bullying or sexual harassment in the workplace must be taken into account. Until December 25 2011, only facts relating to the preceding six months were considered.
In addition, the guidelines give examples of circumstances which will be considered to lead to "strong mental pressure", "medium mental pressure" and "weak mental pressure".
In the past it has typically taken the Employment Standards Inspection Office between nine and 12 months to complete its fact finding and establish whether mental health problems are work related. The new guideline requests that the process be completed in six months or less.
For further information on this topic please contact Hideki Thurgood Kano at Anderson Mori & Tomotsune by telephone (+81 3 6888 1000), fax (+81 3 6888 3050) or email ([email protected]).