Labor & Employment

Responding to harassment of employees by customers

Demands from customers and business partners sometimes reach a level that the staff dealing with them cannot absorb on their own. They take such forms as being upbraided at length, repeated telephone calls or visits, demands for money for which no basis is given, and remarks directed at a particular member of staff, and the burden on the employees who respond builds up.

What makes the assessment difficult at this stage is that a legitimate point is not infrequently mixed in with what is being demanded. Where the point that there is something wrong with the goods or the service is itself correct but the way it is put goes too far, what falls to be considered afterwards differs from the position where the content of what is demanded itself goes beyond a legitimate range. Treating the matter simply as one of a difficult customer, without separating the two, can lead to mistakes in the assessment made later.

In addition, from October 1, 2026, an employer is required to take the measures necessary in terms of employment management in relation to problems arising from the conduct of customers and others. Dealing with an individual matter and putting internal policies and arrangements in place are difficult to consider separately. Whether conduct amounts to customer harassment is assessed by reference to whether all three of the following are met: that it is conduct of a customer or another person connected with the business and takes place in the workplace; that it goes beyond what is generally accepted in societal terms in light of the nature of the work and the other circumstances; and that the working environment of the employee is harmed. Separately from that assessment, the safety and health of employees are given priority, and the preservation of records, the response needed to points that are well founded, and the handling of the conduct itself are taken forward in parallel.

Last updated: September 18, 2026

What to check first

The following are matters we ask you to share with us, so far as they are known, when you contact us. You can contact us both at the stage of dealing with an individual matter and at the stage of putting internal arrangements in place.

Giving priority to safety and health — where violence, injury, a risk of harm to the person concerned or to others, or acute physical or mental ill health has arisen, the steps needed to secure the safety and health of employees, such as moving the employee away, contacting the police or the emergency services, and arranging medical attention, are handled separately from the ordinary procedure for dealing with complaints. The company also considers the adjustments to the employee's work that may be needed afterwards and the procedures relating to benefits under workers' accident compensation insurance.

Establishing what is happening as a matter of fact — the company checks the content of what has been said and demanded, how often, at what times of day, over what period it has continued, and the means of contact used, whether visits, telephone calls, email, letters or posts on the internet. What is being demanded, such as correction of a problem, a refund or other money, an apology, a change of the person handling the matter, or publication, is also set out by category.

Whether a legitimate point is included — the point that there is something wrong with the goods or the service itself is considered separately from the fact that the way it is put goes too far. Where there is a reason for the point made, the response to that part is taken forward separately.

The position of the employees handling the matter — the company checks who is handling it, for how long, and with what support. Where there is an effect on health or on attendance, it also checks that situation and whether an occupational physician or other occupational health staff are involved.

How records have been kept — for recordings of calls, records of meetings, emails, the system holding the history of contacts, and footage from security cameras in stores, the company checks whether they have been retained and for how long. It also checks whether advance notice is given that calls are recorded.

Internal policies, procedures and authority — the company checks whether there is a written procedure, the criteria on which the person handling the matter may bring contact to an end, the criteria for passing the matter to a more senior person or to head office, and whether there is an internal point of contact for consultation. Where nothing has been laid down, it checks how matters are in fact handled.

How far the employment management measures are in place — the company checks how far it has gone in making its policy clear and communicating it, in arranging for consultation, in responding after the event, and in reflecting these matters in the rules of employment and similar documents. Because these measures become a legal requirement on October 1, 2026, the company needs to understand the gap against its current position.

Whether there is conduct that may amount to a criminal offense or an infringement of rights — the company checks whether there have been threatening remarks, the forcing of an apology or a meeting, interference with the business, demands for money, or posts on the internet. It also checks whether there are circumstances suggesting a connection with antisocial forces.

In an individual matter, safety is given priority, and the company identifies who decides matters internally and who is the point of contact with the other party. Records are preserved, and the checking of the points raised and the care given to employees are taken forward in parallel. Even at a stage where it cannot be settled whether the conduct amounts to customer harassment, the matter is treated as one for internal consultation and hand-over.

Contents

1. Checking what is demanded separately from the conduct itself
2. Keeping records, and the arrangements for handling the matter
3. Protecting employees, and the duties of employers and others
4. Where legal steps against the other party are considered
Key legislation and official sources
Frequently asked questions

1. Checking what is demanded separately from the conduct itself

Approaches from customers do not arrive already sorted into those that are legitimate and those that are not. A single exchange may contain both a point that is well founded and conduct that goes too far. For that reason, once safety has been secured, the starting point is not to classify the other party but to check the content of what is demanded separately from the conduct itself.

Whether the point made is well founded, and how it is put, are looked at separately

Where a defect in the goods, an error in what was explained, or a delay in dealing with the matter is raised, the first step is to check the facts. Where there is a reason for the point made, the response required is considered in line with the contract, the standard terms and any other applicable rules. Where, on the other hand, the conduct accompanying that point extends to being upbraided at length, to remarks denying the person's character, or to attacks on the individual handling the matter, that is treated as a separate question. This covers not only cases where the content of what is demanded itself goes beyond a legitimate range, but also cases where, although there is a reason for the demand, the means or the manner goes beyond what is generally accepted in societal terms.

Where contact is brought to an end without drawing this distinction, the company may be assessed as having failed to respond to a legitimate point. Conversely, where the content of what is demanded goes beyond a legitimate range but the company continues to accommodate it because there is a reason for the point made, the burden on employees simply remains. The guidelines also state that not every complaint from a customer or another person connected with the business is covered, and that a complaint made, viewed objectively, within the range generally accepted in societal terms is a legitimate approach and does not fall within this.

Sorting by what is being demanded

Next, what the other party is seeking is separated out. What falls to be considered differs according to whether correction or repair is sought, whether a refund or other money is sought, whether a particular form of apology is sought, whether a change of the person handling the matter or disciplinary action against that person is sought, or whether means such as publication or contact with business partners are indicated.

Examples of demands and conduct, including legitimate approaches	What to check	The direction to consider
Correction, repair or further work	Whether the facts alleged occurred. How far the contract and the standard terms provide for a response. How similar matters have been handled before.	Checking the facts and responding in line with the contract and the standard terms. The company sets out its approach and, where necessary, explains to the other party the scope and the timing of what it will do.
A refund, damages or other money	The reason given for seeking a refund, and the contractual relationship. Where damages are sought, the nature of the loss, its connection with the cause, and the basis for the amount. Whether such demands have been met in the past.	The company checks whether there is an obligation to pay, and its extent, from the terms of the contract and the facts, and not only from the other party's account. Where payment is made without setting out the reason for it and what it covers, it may later be difficult to explain differences in treatment when a similar demand is made.
The form of an apology, such as a visit, a letter, prostration, or naming who must attend	The form sought, and the reason for it. Whether it is directed at an individual employee.	An explanation or apology based on the facts is considered separately from complying with a demand as to the form it must take. There is no automatic obligation to comply with a demand as to that form.
A change of the person handling the matter, disciplinary action against that person, or disclosure of that person's name	The reason given for seeking a change. The handling of information about the individual employee.	Handing the matter over as a question of internal arrangements is separated from a demand directed at an individual. Providing information about an individual employee to the other party calls for separate consideration.
Indications that the matter will be published, posted on social media, or reported to business partners	What is indicated, and whether it is linked to a demand for money or the like.	Where it is linked to a demand, the conduct itself may raise a question under a different framework. The company preserves the records and then considers the position.

This is an example of how demands may be set out by their content. In practice several are often combined, and the object is not to decide which category applies but to provide a basis for considering each part of the response separately.

Separating what will and will not be agreed to, element by element

A demand usually contains several elements. Elements such as replacement of the goods, compensation for loss, an apology from the person handling the matter, disciplinary action against that person, the provision of a document, and the attendance of a senior executive are separated out one by one and sorted into those that will be agreed to, those that will not, and those that will be agreed to subject to conditions. Not reducing the matter to a choice between accepting the whole and refusing the whole is of assistance in bringing the exchange to a close. The result of that sorting can be used as it stands both when the manner of dealing with the matter is later changed and when the reasons are explained to the other party.

Recording the facts checked and the assessment made at that point

If the exercise takes place only in the mind of the person handling the matter, nothing of it remains afterwards. The facts that have been checked, the assessment made at that point, and the matters that have not yet been checked are recorded separately, with the date. A record can be made and handed over even at a stage where no settled view has been reached. This record is referred to later both when deciding whether to continue or to bring contact to an end and when considering the measures needed to protect employees.

2. Keeping records, and the arrangements for handling the matter

Whether records exist, and what they contain, affects the later checking of the facts and the consideration of how to proceed. At the same time, records are a means of protecting employees. Deciding in advance what is to be kept, and how, makes it easier to avoid gaps in the records that are needed than deciding once a matter has arisen.

What to keep, and in what form

Recordings of calls, records of dealings at visits, exchanges of emails and letters, entries in the system holding the history of contacts and, for a store, footage from security cameras are the main records. In addition, keeping a chronological record of when each employee dealt with the matter, for how long, and what was done makes it easier to follow the course of events afterwards.

The records should cover not only the substance of what the other party said but also how the company responded. If only the other party's conduct is recorded, nothing remains from which to explain later whether the company's own handling was appropriate.

What to check where recordings or images are made

There is no general rule that a party to a conversation who records it must announce at the time that a recording is being made. However, where the recorded audio or images constitute personal information, the Act on the Protection of Personal Information（個人情報の保護に関する法律）requires the purpose of use to be specified as far as possible and, as a general rule, notice of it to be given to the individual or the purpose to be made public. There are statutory exceptions, including where the purpose of use is clear from the circumstances of acquisition. If recordings are also to be used for checking the facts, that use is included in the purpose of use. As to cameras, where the circumstances of installation and similar matters mean that it is not easy to recognize that images are being taken, measures to make this recognizable are called for. The company also sets out the extent to which the recorded information is to be retained, who is to be able to view it, and how long it is to be kept. It checks the usual retention periods and any settings for automatic overwriting, and preserves the records needed so that they are not erased. The places where recording or filming takes place, the conversations covered, and the periods of time are set by reference to the purpose, so that private situations unconnected with dealings with customers are not recorded.

Not leaving one person to handle the matter alone

Where the same employee continues to handle the matter repeatedly, not only does the burden on that employee accumulate, but the substance of the response is also left to that individual's judgment. The company lays down criteria for the point at which it will move to handling by more than one person, to hand-over to a more senior person, or to transfer to head office or a specialist department.

The criteria need to be in a form that allows a decision to be made on the spot, by reference to matters such as time, the number of contacts and the content of the conduct. That said, the decision is not made mechanically by time or number alone: the company's own explanations, the course of the response, and the accommodations needed for communication are checked as well. A criterion framed in terms such as "where the conduct is serious" returns the decision to the individual handling the matter. Our in-house training services are available as a means of communicating the procedure to those working on the front line.

Obligations, conditions and procedures where contact is brought to an end

Whether contact may be brought to an end is not settled uniformly as a general matter. The assessment differs according to whether obligations remain under the contract, whether the part of the complaint for which there is a reason has been dealt with, and what explanations have been given up to that point.

The first step is to consider separately the ending of the particular meeting or call, a change of the person handling the matter or of the means of contact, a refusal to supply goods or services, and the ending of an existing contractual relationship. Where a meeting or call is ended in order to secure safety, it is not assumed that the response to a point for which there is a reason has been completed; that response may be continued by another person or by another means. Where, despite sufficient explanation, the same demand continues to occupy the employee for long periods, ending the meeting or the call may be considered even where there is no imminent danger.

For each of these, the company checks the obligations arising under the contract and under legislation, together with the conditions and procedures required where the manner of supply is changed or the contract is brought to an end. Where obligations remain after contact has ended, the company sets out who is responsible, how they are to be performed, and whether there is a deadline. Where a continuing contract such as a maintenance agreement remains in place, responding to complaints is set out separately from the inspection, repair and other work required under the contract. Where the point of contact or the means of contact is changed, the company also checks whether it can still receive the communications it needs to receive about defects it is required to address under the contract and about safety. It then decides the matter and records the reasons for the decision and the course of the response. Laying down criteria in advance, and keeping a record of how matters were handled in accordance with them, is needed in order to explain that decision later, but it does not of itself make the ending of contact lawful. How the ending of contact is communicated, to whom, and how any later contact is to be treated, are also settled in advance.

That said, it is not customer harassment for a customer or other person with a disability to ask not to be treated in an unjustly discriminatory manner, or to say that the removal of a social barrier is needed. As to the specific conduct on such an occasion, what is demanded is considered separately from the means and the manner. The assessment also has to take into account the reasonable accommodation that is called for where the burden of providing it is not excessive, rights under consumer legislation, duties to provide services under sector-specific regulatory legislation, and the effect on life or health if the service is interrupted. As to how to proceed, the company checks with the person concerned what accommodations can be made or what alternative means are available. Where entry or similar access is to be restricted, the company checks the specific danger or interference with the business, and the extent to which the restriction is needed, and explains the reasons for it. The guidelines also call for attention to this point.

Checking the restrictions where new sales or services are refused

As a general rule, and except where legislation provides otherwise, the parties are free to decide whether to conclude a contract and what its terms are to be. In some sectors, however, sector-specific regulatory legislation limits the cases in which supply may be refused. What those rules require differs from one sector to another, and they are framed in various ways, some restricting refusal itself and some requiring the business to be able to explain the reasons for a refusal. The company looks at the provisions of the legislation applicable to its own business and checks, in each case, whether a refusal is possible and what is required if it is made.

Checking the basis for terminating an existing contract

Bringing a contract that has already been concluded to an end is a question distinct from restricting further dealings. Whether termination, cancellation or a refusal to renew is possible depends on the terms of the contract, the restrictions imposed by legislation, and how the contract has been performed to date. As to the terms, the company checks not only the wording of the clause but also its validity and the conditions for its application. For a contract with a consumer, restrictions under the Consumer Contract Act may be in issue, and where standard terms of contract are used, the rules of the Civil Code on standard terms of contract may be. That the other party's conduct is improper may be one element in the assessment, but it does not necessarily constitute a ground for termination in itself. The conclusion that conduct amounts to customer harassment and the question whether the contract may be terminated are considered separately.

Where restricting further dealings would in effect stop the supply of a service required under the contract, the restriction itself becomes a question of performance of the contract. In that case, the content of the restriction and the way the contractual obligations are to be met are designed together.

3. Protecting employees, and the duties of employers and others

Employment management measures concerning customer harassment

The Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives has been amended. From October 1, 2026, an employer is required to take the measures necessary in terms of employment management so that the working environment of the workers it employs is not harmed by conduct of customers and others that takes place in the workplace and that goes beyond what is generally accepted in societal terms in light of the nature of the work in which those workers are engaged and the other circumstances. Three elements are required together: that the conduct is that of a customer or another person connected with the business; that it goes beyond what is generally accepted in societal terms in light of the nature of the work and the other circumstances; and that the working environment of the worker is harmed. Whether the working environment has been harmed is not settled by the worker's own perception alone. It is assessed by reference to how an average worker placed in the same situation would receive the conduct, and from the perspective of whether an interference with the work that cannot be overlooked has arisen. The workplace here includes not only the company's own offices and stores but also the places where employees carry out their work, such as a business partner's offices or a customer's home. Separately from this assessment, the company checks the employee's health and the burden of dealing with the matter, and considers the care needed for safety and health, such as a change of the person handling the matter or an adjustment of duties.

The conduct covered is not confined to conduct in person. Conduct by telephone, by email or by posts on the internet is also included. Nor is repetition always required: depending on the degree of the conduct, a single instance may harm the working environment.

Customers and others here include not only customers but also counterparties in transactions, users of facilities and other persons connected with the business. A person making an inquiry or negotiating before any purchase or contract is also included. This is not confined to consumer-facing businesses, and the same problem arises in transactions between companies. Where the person concerned is an employee or officer of a business partner, the company may consider, in addition to dealing with that person, asking the other company to check the facts and to cooperate in measures to prevent recurrence. Where recordings or records of consultations are provided to the other company, the company limits them to the information needed for checking the facts and responding, and checks the basis for the provision, including whether the consent of the person concerned is required. Cooperation by the other company is framed as a duty to endeavor, and the guidelines treat it as not desirable for a business partner to respond by terminating the contract on the ground that cooperation was requested.

As to the protection of workers, dismissal and other disadvantageous treatment are prohibited on the ground that the worker consulted the company about the conduct of a customer or another person, or cooperated with the company's handling of that consultation and stated the facts.

The amending Act provides that these obligations to take measures, and the prohibition of disadvantageous treatment, are subject to advice, guidance or recommendations by the authorities. Where an employer that has breached these obligations does not follow a recommendation of the Minister of Health, Labour and Welfare, that fact may be made public.

The workers covered by the measures include not only permanent employees but all workers, including part-time workers and employees on fixed-term contracts. For dispatched workers, prescribed measures are required not only of the dispatching company but also of the company to which they are dispatched. It is also a problem, as disadvantageous treatment, for a company to which a worker is dispatched to ask the dispatching company to replace that worker, or to refuse to accept the dispatch, because the worker has made a consultation or taken a similar step. The policy and the content of the response need to be made known to all workers, and not only to the departments that deal with customers.

The measures listed in the guidelines

The amending Act expressly identifies, as measures the employer is to take, the putting in place of arrangements for responding appropriately to consultations and the measures of deterrence needed to secure the effectiveness of the response to customer harassment. The guidelines issued under the Act group the employment management measures, including these, under five headings and set out what each involves.

Making the employer's policy clear, and communicating it and raising awareness

Putting in place the arrangements needed to receive consultations and respond to them appropriately

Swift and appropriate handling of customer harassment in the workplace after the event

The measures of deterrence needed to secure the effectiveness of the response to customer harassment in the workplace

The measures to be taken together with the above

Making the policy clear, the first of these headings, includes making clear and communicating to workers what conduct may amount to customer harassment, the employer's position that it will not be tolerated, that the organization will respond rather than leaving the response to workers alone, where workers may seek advice, and what happens after they do. The amending Act also lays down duties to endeavor on the part of customers and others, to deepen their interest in and understanding of the problem and to pay the attention needed to their conduct so that the working environment of workers is not harmed. Whether to publish the policy to customers is a matter to be considered according to the nature of the business and other circumstances.

The measures of deterrence, the fourth heading, consist of laying down in advance the approach to be taken to conduct considered particularly serious, making it known to workers including supervisors and managers, and putting in place arrangements that allow the response to follow that approach. As part of that, the company makes clear where authority to decide lies internally and to whom matters are handed over. Decisions on bringing contact to an end in an individual matter are dealt with in section 2, and consultation with the police and provisional dispositions in section 4.

The fifth heading includes taking the measures needed to protect the privacy of the person seeking advice, the person whose conduct is in issue and other persons concerned, and making those measures known to workers, and laying down and making known to workers that no disadvantageous treatment will be applied on the ground that a worker sought advice, cooperated in the checking of the facts, or used the advice, assistance or mediation of an administrative body.

These measures apply to employers regardless of the size of the business. A point of contact for consultation may be operated together with an existing point of contact for harassment, or may be set up separately. It needs to be operated so that it can receive matters broadly, covering not only matters settled as amounting to customer harassment but also matters where there is a risk of it and matters where the assessment is difficult.

An existing point of contact for consultation on power harassment, or existing internal rules, can in some cases serve as a foundation. Even then, the company checks whether what is needed for responding to customer harassment is in place, including the approach to be taken to customers and others, the authority to respond, and hand-over to the departments concerned. Because conduct by customers and others involves a party outside the company, the question of how far those on the front line may decide matters needs to be set out afresh.

Our ongoing legal advisory services are available where a company wishes to be able to consult us on a continuing basis about putting policies and procedures in place and about individual matters.

Caring for employees alongside the checking of the facts

Alongside the checking of the facts, the company provides care for the worker who has been affected. Depending on the circumstances, it considers a hand-over to a more senior person, handling by more than one person, separation from the person whose conduct is in issue, a temporary adjustment of duties, and referral to occupational health staff or to a medical institution. Where the person handling the matter is changed or the worker is reassigned, the company checks the need for the change and its basis in the contract and the rules of employment, and considers the worker's own wishes and the effect on the content of the work, on pay and on appraisal. A change in the work assigned is considered separately from placing the worker on leave. Whether leave is required is considered in light of the worker's condition and, where necessary, the opinion of a physician, and where leave is taken, the company sets out the reason for it and the treatment of pay and other matters under legislation and the rules of employment. The company should avoid concluding that the employee is at fault merely because a customer has asked for a change of the person handling the matter. Where conduct may amount to a criminal offense, consultation with the police and legal steps may also be considered. Where the investigation does not establish that customer harassment occurred, the company still takes measures of prevention, such as communicating the policy again, in order to avoid similar problems. It also checks whether there is anything to be revisited in the procedure for responding and in the burden carried by those on the front line.

The relationship with the duty of care for safety

Even before the obligations concerning customer harassment come into force, the Labor Contracts Act provides that an employer is to give the care necessary to enable workers to work while their life, body and similar interests are kept safe, in connection with the employment contract. The response needed to prevent harm is in issue not only where physical or mental ill health has actually arisen, but also where the content of the conduct and the course of events are such that danger can be foreseen. Whether the obligations to take measures have been met and whether the care needed in an individual matter has been given are considered separately.

Sexual conduct by customers or business partners may already fall within the obligations to take measures concerning sexual harassment under the Act on Equal Opportunity and Treatment between Men and Women in Employment.

Where the company is on the side of the person whose conduct is in issue

Separately from the measures to protect the company's own employees from the conduct of customers and others, the following duties under the amending Act also apply from October 1, 2026. An employer is to endeavor to give the consideration needed, such as providing training, so that the workers it employs deepen their interest in and understanding of the problem and pay attention to their conduct towards the workers of other companies. The employer itself, and in the case of a company its officers, are also to endeavor to deepen their interest in and understanding of the problem and to pay attention to their own conduct, and workers are to endeavor to do the same and to cooperate with the measures taken by the employer.

Where another company requests the cooperation needed for it to carry out its employment management measures concerning customer harassment, the employer is to endeavor to comply. This includes cooperating in checking the facts and in measures to prevent recurrence. These are all duties to endeavor, and they differ in nature from the obligations to take employment management measures. That said, separately from their being duties to endeavor, liability in damages on the part of the individual concerned or of the company may be in issue in relation to specific conduct.

Where the other party is a person at a business partner, a company may be on either side: the side requesting cooperation or the side from which it is requested. On the requesting side, the company sets out in advance what it will ask for and how far. It cannot compel the other company to disclose the results of an investigation or to take disciplinary action against its employee, so the company builds its request from what can be achieved, such as checking the facts, a change of the person handling the matter, and a review of the means of contact. On the side from which cooperation is requested, the guidelines treat it as desirable to lay down and communicate that no disadvantageous treatment will be applied to employees who cooperate where the company checks the facts with its own employees at the request of another company. How the company will proceed if the check shows that there was a problem with conduct on its own side is also settled in advance.

Where a dispute arises with an employee over dealings with customers

In connection with dealings with customers, an employee may claim damages from the company for breach of the duty of care for safety or for an excessive workload. At that stage the matter becomes a dispute between the company and the employee, and the records, the working hours, and the course of any internal report and the response to it come to be examined. For disputes between labor and management over the company's measures concerning customer harassment, or over disadvantageous treatment on the ground of a consultation or similar step, assistance in resolving the dispute from the Director of the Prefectural Labor Bureau and mediation by the Dispute Adjustment Committee also become available once the provisions come into force. Assistance is given in the form of advice, guidance or a recommendation where it is sought by both parties to the dispute or by one of them. Mediation likewise takes place on the application of both parties or of one of them, where it is found to be necessary for resolving the dispute. Disadvantageous treatment on the ground that an employee sought assistance or applied for mediation is also prohibited. That one party may apply is not the same thing as being able to compel the other party to agree or to settle. Nor are these procedures a precondition for using labor tribunal proceedings or litigation. Labor tribunal proceedings are a Japanese court procedure for individual employment disputes. The company therefore prepares its response to an application for assistance or mediation, and the way it would put its case in labor tribunal proceedings or litigation, on the basis of the same materials. The employer's response to labor and employment disputes is dealt with in the guide on handling labor and employment disputes.

4. Where legal steps against the other party are considered

Deciding first what is sought

Where legal procedures are under consideration, what the company wants to achieve is decided before the procedure is chosen. The materials needed, and the means available, differ according to whether the aim is to stop visits or telephone calls, to refuse a particular demand, to seek the removal of a post, to claim damages for loss suffered, or to leave the matter to the criminal process. Pursuing several at the same time is not always to the company's advantage.

Deciding what to say in a letter of notice or warning

The amending Act calls on customers and others, too, to endeavor to pay the attention needed so that their conduct towards workers does not harm the working environment. That is a duty to endeavor, and it does not of itself allow a contract to be terminated or damages to be claimed. It does not, however, rule out the separate possibility that liability for non-performance or in tort arises in respect of the same conduct. In a letter addressed to the other party, indicating that the company is required by law to take measures concerning the working environment of its employees has a part to play in explaining why further dealings are being restricted.

In the letter, the company sets out, in accordance with the facts, the course of events to date, the matters it will address, the matters it will not, the means of contact from that point on, and the measures it will consider if there is conduct contrary to what is stated. Expressions treating the other party's conduct as a criminal offense, and statements of facts that have not been checked, are avoided.

Conduct that may engage the criminal law

Depending on its content, conduct may raise questions of threat, which consists of giving notice of harm to life, body, freedom, reputation or property; of compulsion, which consists of causing a person, by assault or threat, to do something they are not obliged to do or obstructing the exercise of a right; of obstruction of business by the spreading of false rumors, by deception or by force; of extortion, which consists of putting a person in fear by assault or threat and thereby causing money or goods to be delivered or obtaining an unlawful property benefit; or of failure to leave premises, which consists of remaining without justifiable grounds in a building or similar place under another's control after being asked to leave by the person entitled to control it. A strong demand is not by itself enough, and whether each set of requirements is met is considered from the content of the conduct and the course of events. As to compulsion and extortion, an attempt may be punishable where execution has been commenced, even if the demand has not been realized. Recordings and records of the response are important material for that assessment and for proving the relevant facts.

Where the filing of a report of a crime with the police or of a formal criminal complaint is under consideration, this bears on the later civil exchanges and on how the matter is taken forward internally. The order in which to proceed is considered together with those matters.

Procedures to stop demands for meetings or continued telephone calls

Where meetings are being forced, or telephone calls continue to the point of interfering with the business, an application may be considered for a provisional disposition determining a provisional status, seeking a decision of the court prohibiting such conduct. A provisional disposition is a Japanese court procedure for interim relief pending a decision on the merits. The application requires material showing the right relied on as the basis for the prohibition, the content of the conduct, its frequency and the fact that it is continuing, the substantial loss or imminent danger that would arise if it continued, and the specificity of the prohibition sought. Whether an application succeeds differs from case to case. The company checks what can be shown from the records it has, and what conduct it will seek to have prohibited, and considers whether to apply alongside the steps taken to secure the safety of its employees.

Where material has been posted online

Where an employee's name, photograph or information about their private life has already been posted online, the company records the content of the post, where it appears, the date and time it was checked, and the personal information that has been made public. It then considers separately whether there is a reason for the criticism made and whether making public the name, photograph or information about private life amounts to an infringement of rights. After checking the effect on the employee, the company chooses how to proceed, including whether to request removal.

Refusing entry to premises, and dealing with improper demands

Where entry to a store or other facility is to be refused, the company likewise checks the obligations arising under the contract and under legislation and decides the matter individually. The matters common to these situations are dealt with in section 2, under obligations, conditions and procedures where contact is brought to an end.

Where there are grounds to suspect a connection with antisocial forces behind the demands, or where the demands appear to be improper demands made by an organized group, separate consideration is needed, covering internal arrangements, the relationship with the police, and whether to make the matter public. On responses of that kind, see the guide on crisis management and incident response.

Key legislation and official sources

English translations of legislation are provided for reference. The Japanese texts are authoritative.

Where it appears	Legislation	Source type
Employment management measures concerning conduct of customers and others; prohibition of disadvantageous treatment; advice, guidance, recommendations and publication; duties to endeavor of customers, employers, officers and workers; assistance in resolving disputes and mediation	Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives（労働施策の総合的な推進並びに労働者の雇用の安定及び職業生活の充実等に関する法律）	Japanese legislation
The three elements of customer harassment; the five headings of the measures; legitimate approaches; cooperation between companies; attention to customers and others with disabilities	Guidelines issued under that Act（カスタマーハラスメント防止指針）	Official guidance
Measures required of the company to which a worker is dispatched	Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers（労働者派遣事業の適正な運営の確保及び派遣労働者の保護等に関する法律）	Japanese legislation
The duty of care for safety	Labor Contracts Act（労働契約法）	Japanese legislation
Measures concerning sexual harassment, including conduct by customers and business partners	Act on Equal Opportunity and Treatment between Men and Women in Employment（雇用の分野における男女の均等な機会及び待遇の確保等に関する法律）	Japanese legislation
Specification of the purpose of use and notice or public announcement for recordings and images; provision to third parties; requests from individuals for disclosure, correction or cessation of use	Act on the Protection of Personal Information（個人情報の保護に関する法律）	Japanese legislation
Measures making it recognizable that images are being taken, and the specification of the purpose of use where a function that identifies faces is used	Guidelines and related documents of the Personal Information Protection Commission（個人情報保護委員会のガイドライン等）	Official guidance
Restrictions on terminating a contract with a consumer	Consumer Contract Act（消費者契約法）	Japanese legislation
Freedom to decide whether to conclude a contract and on what terms; rules on standard terms of contract; damages	Civil Code（民法）	Japanese legislation
Unjustly discriminatory treatment of persons with disabilities and the provision of reasonable accommodation	Act for Eliminating Discrimination Against Persons with Disabilities（障害を理由とする差別の解消の推進に関する法律）	Japanese legislation
Threat, compulsion, obstruction of business, extortion and failure to leave premises; attempts	Penal Code（刑法）	Japanese legislation
Provisional dispositions determining a provisional status, and the prima facie showing required	Civil Provisional Remedies Act（民事保全法）	Japanese legislation
Labor tribunal proceedings	Labor Tribunal Act（労働審判法）	Japanese legislation

Legal information reviewed: 2026-09-18

Frequently asked questions

At what stage should we consult you?

You can contact us both while matters are happening and at the stage of putting policies and procedures in place. For an individual matter, it does not matter if the course of events and the records are not yet complete. We work through the matter with you, beginning with setting out the facts.

Can you give us criteria for deciding whether we may bring contact to an end?

There are no uniform criteria common to every matter, but criteria for making the assessment can be set out according to the sector, the terms of the contract and the degree of the conduct. Ending the particular meeting or call, changing the person handling the matter or the means of contact, refusing to supply goods or services, and ending an existing contractual relationship are each considered separately. In consultation, we work with you on criteria in a form that those on the front line can apply, matched to the company's sector and to how matters are actually handled, and on ways of keeping a record of how the criteria are applied.

Do we have to tell the other party that we are recording?

There is no general rule that a party to a conversation who records it must announce at the time that a recording is being made. Where the audio or similar material constitutes personal information, however, the handling of personal information has to be checked, including the specification of the purpose of use and notice to the individual or public announcement. Where recording is already taking place, the company checks the current purpose of use and the use actually being made of the recordings. For more detail, see section 2, on what to check where recordings or images are made.

Where should we start before October 1, 2026?

Making the policy clear and communicating it, and putting a point of contact for consultation in place, are places to start, but they do not complete the response on their own. The measures listed in the guidelines are all treated as measures to be taken, so the measures set out in section 3, under the measures listed in the guidelines, need to be in place by the date the provisions come into force. Whether the rules of employment need to be amended, or whether the matters can be dealt with in a policy document, the service rules or other internal documents, is checked at the same time. Where rules and a point of contact for consultation on power harassment already exist, they can often serve as a foundation.

Does conduct by a person at a business partner also fall within this?

The customers and others covered include counterparties in transactions, users of facilities and other persons connected with the business. Conduct in transactions between companies is treated in the same way where it goes beyond what is generally accepted in societal terms in light of the nature of the work and the other circumstances and harms the working environment of employees. A decision to hold back from responding because the business relationship is continuing can itself make the situation more difficult.

Do we also need to think about how our own employees behave towards employees of our business partners?

Yes. The obligations to take measures to protect the company's own employees and the duties concerning conduct towards the employees of other companies are not the same obligations. The latter are all duties to endeavor: the employer's provision of training and other consideration, the attention to be paid by the employer itself, and in the case of a company by its officers, and by workers, and compliance with a request for cooperation from another company. The content is explained above, under where the company is on the side of the person whose conduct is in issue. All of these apply from October 1, 2026. Whether to extend training beyond the departments that deal with customers to the purchasing and ordering departments is worth considering.

We have brought contact together into a single point, but the other party keeps contacting other stores and employees. What should we do?

The company communicates the internal route for contact again and applies consistently the practice that other stores or departments do not answer individually. It then notifies the other party again that contact is limited to a particular point of contact. Where contact nonetheless continues, restricting contact through court procedures may be considered.

May we share a photograph of a person who visits repeatedly with our other stores and with a security company?

Where a specific individual can be identified from the photograph, the rules under the APPI have to be checked. The position differs between sharing with other stores operated by the same company, provision to a contractor engaged for security work, and provision to a separate company. Where a register or similar record that can be searched by individual is provided to a separate company, the prior consent of the person concerned is as a general rule required, and provision without consent requires the requirements of a statutory exception or similar ground to be met.

Even where the purpose is crime prevention, the company checks the purpose of acquiring and using the images, who is to be entered in the record, with whom it is to be shared and how they will use it, and limits these to what is needed. Where a function that identifies faces is used, the purpose of use must be specified so as to include that fact, and notice or public announcement is required. The need to retain the material, how it is to be managed, and the response to requests from individuals for disclosure, correction or the cessation of use are checked at the same time.

Contact

Inquiries about responding to excessive demands from customers

Please tell us, so far as you are able, an outline of what is happening, the department handling it, the course of events so far, and whether records have been kept. You are welcome to contact us both about dealing with an individual matter and about putting internal policies and arrangements in place.

Whether we are able to act, and the scope of our work, are confirmed individually after a conflict check.

This article is provided for general informational purposes only and does not constitute legal advice on any specific matter. Please consult us regarding your specific situation. The content is based on the laws and regulations in effect as of the date of the last update.