Occupational Risk Prevention Management in Japan – The Karoshi Phenomenon
Explore occupational health and safety management in Japan, focusing on Karoshi and strategies to combat overwork. Learn more about Japanese labour laws and work culture.
· 6 minutos · Segurança no Trabalho
Japan is a country with a unique idiosyncrasy, full of cultural traits that fascinate us: its particular gastronomy, its ancestral traditions that contrast with great technological development, among other aspects.
In the field of occupational risk prevention, a phenomenon that may seem peculiar to us is karoshi, which literally means "death from overwork", and karojisatsu, or "suicide from overwork".
Karoshi: A Recognised Problem
Karoshi is a problem recognised by the Japanese Ministry of Health since the 1980s. Japanese law defines it as "death caused by a cerebrovascular or cardiovascular disease brought on by an overload of work, or suicide brought on by mental health problems generated by an overload of work". When it is legally determined that a death occurred due to overwork, the victim's family must receive compensation from both the government and the company.
According to the latest available data from JISHA (Japan Industrial Safety and Health Association), just over 200 compensation claims related to karoshi were recorded in 2019. However, it is estimated that the actual figures are much higher. Statista points to 1,918 suicides related to work problems during 2020 in Japan.
Karoshi is associated with an extreme work culture, excessive working hours, few annual rest days, and a strong connection to companies that makes leaving one's job difficult.
Legal Measures to Combat Overwork
Japan has adopted several legal measures to combat this issue. Within its legal framework on occupational safety and health, the main instrument is the "Industrial Safety and Health Act of 1972", which establishes the minimum standards and key obligations for both companies and workers.
In 2014, the obligation to implement the "Annual Stress Check Programme" was established for companies with more than 50 workers. Through this programme, companies must offer workers the opportunity to participate in stress assessment questions. If an employee is found to be subject to a high level of stress, they must be provided with an interview with a doctor.
Also in 2014, the "Act on Promotion of Preventive Measures against Karoshi and Other Overwork-Related Health Disorders" was enacted. This law recognises karoshi as a social problem and, among other measures, urges the Government to conduct research into the phenomenon, provides for the creation of a committee to promote prevention measures, and designates November as karoshi awareness month. This law was followed by the Government's publication of the first white paper on Karoshi, which analysed the phenomenon in depth.
More recently, in 2018, a reform was carried out across several labour laws, which included measures to be adopted by companies regarding risks derived from overwork. Among these, overtime hours were regulated, establishing a limit of 45 hours per month or 360 hours per year. Furthermore, as it is a common practice in Japan not to take all annual leave days, it was established that workers entitled to 10 days of annual leave are obliged to take at least 5 days of annual leave.
Future Outlook and the Portuguese Framework
Although legal progress has been made in recent years, the figures related to karoshi remain significant. Therefore, major efforts are still required from all parties involved (Government, companies, etc.) for this phenomenon to cease being a problem in Japan.
In Portugal, the Labour Code (Law no. 7/2009, of 12 February) establishes the regime for the duration and organisation of working time, including the maximum limits for the normal working period, overtime work, and the regulation of the right to annual leave. Article 131 of the Portuguese Labour Code highlights the importance of continuous vocational training, with a minimum of 40 hours annually, which is essential for worker adaptation and can play a crucial role in stress management and the prevention of psychosocial risks, even though cultural and legal contexts differ. Portuguese companies, in light of national legislation, must ensure the safety and health of workers, including the prevention of psychosocial risks and the control of overwork, promoting a healthy and balanced working environment.