What is Care Harassment? Related legislation and preventive measures that companies can take
In recent years, "care harassment" has become a social issue. Care harassment is a type of harassment in which employees are harassed or treated unfairly by employers or supervisors when balancing work and caregiving.
Although care harassment is still less well known than sexual harassment or power harassment, there are countless victims of it. Companies need to work together to prevent care harassment.
In this issue, we will introduce the characteristics and specific examples of care harassment, as well as efforts that companies should make.
Table of Contents
01Basic Knowledge of Care Harassment
Definition of Care Harassment
Examples of Care Harassment
Main Causes of Care Harassment
02Legislation Related to Care Harassment
Nursing care leave
Nursing care leave benefits
Nursing care leave
Overtime work restrictions (exemption from overtime work)
Measures to shorten prescribed working hours
Restriction on late-night work
03What companies can do to prevent harassment
Clarify company policy on harassment issues
Conduct in-house training
Establish a consultation counter and internal system
Conduct questionnaires and hearings to understand the actual situation
04Improve understanding of care harassment through e-learning
Fundamentals of Care Harassment
Balancing caregiving and work requires the understanding of those around you, including your workplace. Here, we will explain the definition and specific examples of care harassment, as well as provide some background on the attention it has received in recent years.
Definition of Care Harassment
Care harassment is any act of harassment directed at a person who is working and caring for a family member. Harassment is harassment or offensive remarks or actions toward others. Typical examples are known as "sexual harassment (sexual harassment)," "power harassment (power harassment)," and "moral harassment (moral harassment). Care harassment is similarly often abbreviated as "care harassment.
Care harassment is often received from supervisors or coworkers at the workplace and is considered a serious problem that prevents people from balancing work and caregiving. Harassment directed toward caregivers, facility users, or their families has also been identified. With the number of people certified as requiring nursing care increasing, eliminating care harassment is an issue for Japanese society as a whole.
Examples of Care Harassment
There are a wide variety of patterns of care harassment. For example, there are cases in which personnel evaluations are handled unfairly. Firing, suspending employment, or demoting an employee who requests nursing care leave are typical examples of care harassment in which a supervisor uses his or her superiority in the workplace to harass an employee.
There are also many cases of care harassment by words and deeds rather than actions. Specifically, they may prevent employees who use nursing care leave from using the system by saying things like, "I envy you because you don't have to work overtime," "Your wife should take over your nursing care," or "Why don't you stop claiming nursing care benefits? Some people prevent the use of the nursing care leave system or use unfair words or actions against those who use the system.
There have even been cases where employees who have taken nursing care leave have been denied work. As a result of such care harassment, some employees leave their jobs because they are unable to balance work and nursing care.
Main Causes of Care Harassment
Lack of recognition compared to other forms of harassment
One of the factors that contribute to the prevalence of care harassment is the lack of awareness. Typical acts of harassment include "sexual harassment," "power harassment," "moral harassment," and "maternity harassment," and common awareness of what not to do is spreading through in-house training programs.
Care harassment has only become well known in recent years, so it is not as widely recognized as the above harassment acts. Many people have never heard of it in the first place, and in some cases, unintentional words or actions can lead to care harassment.
Stereotypes about caregiving remain
In Japanese society, the stereotype that "caregiving should be done by women" is still deeply rooted.
In recent years, women's participation in society has accelerated, and the number of households in which both husband and wife work has increased. The government is also making various efforts to realize a gender-equal society.
However, social conventions and customs regarding gender roles, such as "women should do ____" and "men should do ____," have been slow to change. As a result, some people feel uncomfortable about men taking nursing care leave or try to push nursing care onto women.
It is not clear when caregiving begins and ends.
The beginning and end of caregiving are not clear even to those involved. Unlike childcare leave, where the employee returns to work as the child grows up, there is no clear time frame.
Because of this nature of nursing care, it is not uncommon for managers and supervisors to think, "I can't entrust important work to people who are busy with nursing care," or "I want employees who don't know when they will return to work to quit.
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Legal System Related to Care Harassment
An understanding of the legal systems related to caregiving is essential to understanding care harassment. Here, we explain the features and conditions for using nursing care leave, nursing care leave benefits, and nursing care leave.
Ministry of Health, Labour and Welfare
Nursing Care Leave
Nursing care leave is a support system for workers to take care of family members in need of nursing care. The Ministry of Health, Labor and Welfare (MHLW) is promoting this system to help workers balance work and nursing care.
The user of nursing care leave is required to notify the employer at least two weeks prior to the start of the leave. A total of 93 days of leave can be taken per family member, and the company cannot refuse a request from a worker who meets the conditions for use. Since it is a public system, it can be used regardless of whether or not an in-house system exists.
Nursing Care Leave Benefits
The nursing care leave benefit is a benefit provided to certain workers who take nursing care leave. It is a benefit system based on employment insurance, and the employer applies for it at Hello Work.
The monthly benefit amount is calculated as "daily wage at the start of the leave × number of days paid (30 days) × 67%," but the amount may be reduced if the worker receives a separate allowance or salary during the leave.
Nursing care leave
Nursing care leave is a system that allows workers to take a short leave of absence to care for a family member in need of nursing care. Like nursing care leave, it is regulated by the Child Care and Family Care Leave Law.
If one person needs nursing care, the leave can be taken for 5 days/year, and if two or more people need nursing care, the leave can be taken for up to 10 days/year. It does not matter whether there is an in-house system or not, and the company cannot refuse the use of the system.
Restriction on Overtime Work (Overtime Exemption)
Restriction of overtime work is a system under which workers must be exempted from overtime work if they apply for it in order to care for a family member in need of nursing care. This so-called "exemption from overtime work" can basically be applied for by any worker (regardless of gender) who cares for a family member in need of care.
This system is not available to daily workers, workers who have been with the company for less than one year, and workers who work two or fewer days per week.
Measures to Shorten Prescribed Working Hours
This system is based on the Child Care and Family Care Leave Law. If a worker applies for this system, the employer must allow the worker to work shorter hours to reduce overtime. In principle, the overtime hours are limited to 6 hours per day.
Restrictions on Late-Night Work
This system prohibits workers from working "late night hours" between 10:00 p.m. and 5:00 a.m. when they are taking care of a person who requires nursing care. Work during these hours is called "late-night work. This system is available to both male and female workers who care for a family member in need of care, but those who work all of their scheduled working hours during the late-night hours are not eligible to use this system.
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What Companies Can Do to Prevent Care Harassment
To protect workers from care harassment, it is important for companies and employers to take proactive preventive measures. Here are some care harassment prevention measures that companies should implement.
Clarify company policy on harassment issues
Make a statement that management and management will not tolerate care harassment. Clarifying your company's policy on harassment issues will serve as a strong deterrent.
This will create an atmosphere within the company that encourages employees to take nursing care leave and leave for nursing care. In addition to helping to improve the workplace environment, it is also expected to increase employee motivation and prevent employee turnover. It is important to include anti-harassment measures in company rules, such as employment regulations, and to take strict measures in the unlikely event of an incident.
Conduct in-house training
It is effective to disseminate your company's policy against harassment through in-house training. Through repeated practice, employees will acquire the correct knowledge of harassment. This will help to detect and solve problems at an early stage, and will make it easier to prevent care harassment.
It is also effective to change the content of training for each position, such as training for general employees and training for managers. While it is possible to outsource the implementation of training to an external vendor, an e-learning system can be used for in-house training that is best suited to your company.
Establish a Consultation Desk and Internal System
Establish a consultation service that is readily available to victims of harassment. Prepare a dedicated room within the company to provide consultation services while protecting the privacy of the harasser.
Appoint a person who is well versed in harassment issues as the contact person. We will set up an environment in which the counselor can feel comfortable to talk with multiple counselors of both genders. Establishment of a consultation desk is an urgent necessity in the anti-harassment measures.
Since simply setting up a contact point is not effective, it is also important to make employees aware of the issue by putting up in-house posters and distributing portable cards in the size of business cards. Let's make efforts to create a working environment where victims of harassment do not have to cry themselves to sleep.
Conduct questionnaires and hearings to ascertain the actual situation
Conduct questionnaires and hearings for employees to grasp the actual situation in the company. Analyze the results of the questionnaires and hearings to understand the actual situation and determine whether or not there is a harassment problem. By taking preventive measures after the survey is conducted, you can gain the trust of your employees.
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Care Harassment is Better Understood with E-Learning
With the acceleration of an aging society with a declining birthrate, it is said that an era in which balancing work and caregiving will become the norm. Care harassment may eventually become an even more serious social problem than it is today. Both companies and employees need to learn basic knowledge, appropriate responses, and preventive measures in order to be prepared.
Please use the harassment training contents of "learningBOX ON" to inform your employees about harassment in your company. LearningBOX ON" is a service that makes it easy to add training content required by companies to learningBOX, an e-learning creation and management system. You can easily design your own original learning courses by combining them with your company's in-house content.
Harassment training and compliance training content are available free of charge, so please take advantage of this service for your in-house training.
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