Question from a reader:
If I consult with the Labor Standards Inspection Office, will they actually take action? Is this a violation? I am currently working in a technical position in a listed prime company in the manufacturing industry. I suffer from adult-onset depression and am undergoing treatment; I have even taken a four-month leave of absence in the past. Although
I am on the road to recovery now, I am experiencing symptoms such as dizziness, unstable blood pressure, and arm spasms while reducing my medication. My doctor has provided a medical certificate recommending that I work remotely twice a week. However, my supervisor reported in a management meeting that “the fundamental principle is to come to the office” and said that my request for telework would not be approved. I consulted with the occupational physician, but perhaps due to my supervisor’s guidance, my request was still not accepted. If I go to the office five days a week, my health will deteriorate. In this situation, I don’t know where to seek help. Is my request unreasonable? I am feeling very down right now. Will the Labor Standards Inspection Office really take action? As evidence, I have emails requesting telework to my supervisor, records of exchanges with the occupational physician, the work regulations, materials from my supervisor presented at the management meeting, and minutes from one-on-one meetings. In the past, I have also received comments from my supervisor that were close to moral harassment and power harassment. I have no idea what to do, and it is a painful feeling. I would appreciate any advice you can provide.

The Significance of Consulting the Labor Standards Inspection Office and Its Actual Actions

The issues you are facing are honestly very tough. It is understandable to feel exhausted both mentally and physically when you want to work remotely due to the effects of adult-onset depression but are not allowed to. Moreover, the possibility of pressure, moral harassment, or power harassment from your supervisor only adds to the burden. Here, I would like to provide knowledge about consulting the Labor Standards Inspection Office, the subsequent process, and legal advice from a legal perspective.

The Role of the Labor Standards Inspection Office

The Labor Standards Inspection Office is an institution established to ensure that workers can work in a healthy and safe environment. Specifically, it monitors labor conditions and health and safety based on the Labor Standards Act, playing a role in protecting workers’ rights. Your situation, which involves a working environment that affects mental health, is precisely a typical case where their intervention is necessary.

How to Proceed with the Consultation

First, as the first step in your consultation, it is important to contact the Labor Standards Inspection Office. You can consult via phone or by visiting in person. Be sure to prepare the evidence you already have, such as correspondence regarding your telework request, records with the occupational physician, and the work regulations. These will serve as supporting evidence for your claims.

Will they actually take action?

Whether the Labor Standards Inspection Office will take action depends on the specific details of the case and the reporting situation from other workers. Generally, when a complaint is received, the Labor Standards Inspection Office will conduct some form of investigation. However, realistically, they cannot respond smoothly to all cases. Particularly when significant issues that require audits of the company are involved, it may take time.

Is it a violation?

In your case, being forced to come to the office despite being recommended for telework may violate Article 91 of the Labor Standards Act. This article guarantees the right of workers to maintain their health while working, and forcing an environment that adversely affects mental health is clearly illegal. Furthermore, if there are past instances of moral harassment or power harassment, those should also be taken into consideration.

Receiving Legal Support

In addition to the Labor Standards Inspection Office, consider consulting with labor consultation centers or lawyers. By seeking help from professionals with knowledge and experience in legal matters, you can take concrete actions to protect your rights. Especially in cases involving moral harassment or power harassment, specialized advice is crucial.

Valuing Your Feelings

It is essential to value your feelings. Please understand that your request for telework is not selfish. Rather, it is a necessary choice to protect your health, and the company should accommodate that. It is genuinely difficult to be physically unwell while also feeling mentally pressured. Your health should be the top priority. It is important to maintain your own feelings without being swayed by the words of those around you or the company. You are not alone. Others in difficult situations are suffering in the same way. Please remember that.

Conclusion

Consulting the Labor Standards Inspection Office is an important step in protecting your rights, especially in situations where there may be violations. When consulting, it is crucial to bring solid evidence and calmly convey your situation. Keep in mind the possibility of receiving legal support and actively take steps to protect your health and rights. Your future is in your hands. Take care of yourself and move forward.