In recent years, cases of customer harassment, where customers make excessive demands on employees or use abusive language, have been on the rise in various everyday situations such as convenience stores and telephone counters. What can you do to protect your on-site employees from these unreasonable customers?
In this article, we will introduce an overview of customer harassment, how it differs from complaints, and actual examples and countermeasures.
What is customer harassment?
Customer harassment is when customers or business partners make unreasonable complaints or behavior toward a company. Examples include demanding that the customer pay for the item for free as an apology for the mistake, or destroying the item themselves and then complaining that the item was broken.
In Japan, the term “customer harassment” has been used to refer to malicious complaints since around the 2010s.
Kashara, which has become a social issue
Kashara has become a social problem as it causes mental stress and worsens the workplace environment.
There are cases where employees suffer from mood disorders or take time off from work due to harassment, and there are cases where stores are forced to close down, so countermeasures are urgently needed.
Approximately 16% of companies have been victims of Kashara (surveyed in June 2024)
According to a survey by Teikoku Databank conducted in June 2024, 15.7% of companies suffered from Kashara in the past year. By size, 21.0% of large companies, 14.8% of small and medium-sized companies, and 14.4% of small companies tend to suffer from harassment as the larger the company. Furthermore, by industry, it can be seen that retail accounts for the highest number of cases at 34.1%, with one in three companies experiencing harassment. More than 20% of companies in the finance, real estate, and service industries suffered harassment, and industries that deal with individuals tend to be more susceptible to harassment.
Some companies that have suffered from Kashara attacks have had unfounded negative reviews posted online, and some have expressed that they are struggling to respond.
Source:
Teikoku Databank Co., Ltd. “Corporate Awareness Survey on Customer Harassment
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Why has Kashara increased?
One of the reasons for the increase in harassment is the spread of the internet and SNS.
Since it has become possible to criticize companies anonymously through review sites and social media, it has become easier for companies to succumb to unreasonable criticism. Even if the content is unfounded, users who see the post will conclude that the company is at fault. As customers have become more vocal, threats like “I’ll post negative reviews online” have become rampant.
Japan’s excessive services are also having an impact.
As a result of our pursuit of services that exceed those of other companies, we have increased the number of services that are too excessive, and the number of customers who take these services for granted has also increased. As a result, harassment has become rampant, with customers making excessive demands such as, “That store did all this for me, so why won’t this store do it for me?”
Furthermore, the recent movement to view harassment as a problem may also have something to do with it.
Kashara itself has been a problem for some time, but in the past, there was no concept of Kashara, so it was not taken up much as a social problem. However, with the passage of time, various forms of harassment such as power harassment and sexual harassment have come to be seen as a problem, and harassment has come to be taken up as a new form of harassment. As a result, the damage caused by harassment has come to the fore, and it feels like there has been an increase in harassment.
What is the Kashara Prevention Ordinance?
Although harassment has become a social problem, unlike power harassment and sexual harassment, there are no laws or ordinances regulating it yet.
Therefore, there is a movement to establish a “Kashara Prevention Ordinance” as a countermeasure against harassment.
Tokyo aims to be the first in the country to enact ordinances
As the name suggests, the Casualty Harassment Prevention Ordinance is an ordinance that prevents bullying and clarifies the responsibility of customers, business operators, etc. for damage caused by harassment. By establishing basic definitions in ordinances and indicating specific actions in guidelines, we can hope for a common understanding throughout society.
The Tokyo Metropolitan Government is aiming to enact the nation’s first anti-harassment ordinance, and in April 2024, a subcommittee was held to gather experts to discuss countermeasures against harassment. In May of the same year, a meeting was held at the Tokyo Metropolitan Government Building with labor organizations, economic organizations, and others, and a policy was outlined for enacting an ordinance to prevent harassment.
In order to enact the ordinance, the Tokyo Metropolitan Government plans to require countermeasures to be taken, considering not only customers but also users of government counters and schools as targets of harassment. These contents were approved at the meeting, and the Tokyo Metropolitan Government is aiming to compile a draft ordinance based on this policy and submit it around fall 2024.
Difference between Kashara and Complaint
While companies must face complaints honestly, they must also respond resolutely to harassment.
When distinguishing between Kashara and complaints, the key is whether the complaint is unfair or malicious.
Unfair and malicious complaints fall under Kashara.
To begin with, a complaint is an opinion or request that points out dissatisfaction or defects with a product or service and requests improvement or response. Complaints are divided into “legitimate complaints” and “unfair complaints,” and among these, unfair complaints fall under Kashara.
For example, if you purchased the wrong type of cake for 3,000 yen, politely requesting a refund or exchange would not constitute an unreasonable complaint. On the other hand, demanding refunds or exchanges or demanding exorbitant amounts of money while using abusive language or violent behavior is an unfair complaint and falls under Kashara.
Cases in which a response is requested within the scope of common sense are considered complaints, and cases in which a response is requested while engaging in malicious and nuisance behavior can be judged as harassment, which greatly lacks validity based on social norms.
How to identify Kashara
When identifying Kashara, refer to the manual published by the Ministry of Health, Labor and Welfare for companies.
Here, we will explain the judgment criteria based on the Ministry of Health, Labor and Welfare’s “Customer Harassment Countermeasures Manual.”
Definition of Kashara by the Ministry of Health, Labor and Welfare
The Customer Harassment Countermeasures Manual defines harassment as follows.
“Among complaints/words and actions from customers, etc., in light of the validity of the content of the demands of the complaints/words/behaviors, the means/mode for realizing the said requests are inappropriate in terms of socially accepted standards, and the said means・Things that harm the working environment of workers depending on the situation.”
In other words, when identifying harassment, the key points are whether the customer’s request is reasonable and whether the means and manner of achieving the request are appropriate.
Source:
Ministry of Health, Labor and Welfare “Customer Harassment Countermeasures Manual”
The content of the customer’s request lacks validity.
If the content of the customer’s request lacks validity, it can be said to be harassment.
Specific examples include:
Also, when identifying Kashara, it is important to check the facts and determine whether your company is at fault.
For example, if a customer makes certain demands even though the company is not at fault in any way, this can be determined to be Kashara, as it lacks validity.
The means or manner of achieving the request is inappropriate based on socially accepted standards.
Even if the content of the request is reasonable, if the means or manner in which the claim is made is inappropriate based on socially accepted standards, it is harassment.
Specific examples include:
Kashara can be a crime
In order to respond appropriately to harassment, which can become a crime if it escalates, it is necessary to have knowledge of the relevant laws.
Here, we will explain the criminal law related to Kashara.
crime of intimidation
A crime of intimidation occurs when a customer causes fear to an employee.
Intimidation is a crime that is committed when someone “threats someone by announcing that they will cause harm to their life, body, freedom, reputation, or property.”
It is prohibited under Article 222 of the Penal Code, and those who make threats are subject to imprisonment for up to two years or a fine of up to 300,000 yen.
The following are specific examples of expressions that apply to the crime of intimidation.
In addition, a crime of intimidation can be committed if the person threatens not only the person but also his or her family.
Additionally, not only verbal notifications but also written notifications via email, internet, etc. are also recognized as intimidation.
crime of forceful obstruction of business
If a customer’s words and actions affect business operations, a crime of coercive interference with business operations is committed.
The crime of obstructing business by force is a crime that is committed when someone “uses force to obstruct someone’s business.”
It is prohibited under Article 234 of the Penal Code, and those who obstruct business operations are subject to imprisonment of up to 3 years or a fine of up to 500,000 yen.
Examples of acts that fall under the crime of forcible obstruction of business include:
The crime of forcible obstruction of business does not include the crime of attempt, which is charged if the person fails to complete the crime. In other words, the crime of forcible obstruction of business is established when a customer engages in an act that disrupts business, regardless of whether or not business is actually disrupted.
crime of extortion
If an employee commits an involuntary act due to a customer’s threat, a crime of extortion is committed.
Extortion is a crime that is committed when someone “uses threats or violence to force someone to do something they are not obligated to do or prevent them from exercising their rights.”
It is prohibited under Article 223 of the Penal Code, and those who coerce will be punished with imprisonment for up to three years. It is similar to the crime of intimidation, but differs in that it involves the actions of the employee who receives the request.
The following are examples of acts that fall under coercion.
crime of non-eviction
Failure to leave is a crime that occurs when a person continues to remain in a residence or premises despite being requested to do so.
It is prohibited under Article 130 of the Penal Code, and those who fail to leave are subject to imprisonment of up to 3 years or a fine of up to 100,000 yen.
Examples include resisting attempts to leave the store, or continuing to stay in the store past closing time. However, it is difficult to draw the line as to whether or not it is an act of unreasonable residence, and in some cases, a crime of failure to leave may not be established. The key points in determining whether a crime of non-evacuation is established are that “you have been ordered to leave” and “the time necessary for leaving has elapsed.” A crime of failure to leave does not occur immediately after you are ordered to leave, but a crime of failure to leave does not occur immediately after the time required for leaving has elapsed, such as time to pack your belongings and change your clothes.
blackmail crime
If you steal someone’s property after threatening them, you are guilty of extortion.
Extortion is a crime that is committed when “the other party uses violence or intimidation to frighten the other party into delivering property or illegal benefits in terms of property.”
It is prohibited by Article 249, Paragraph 1 of the Penal Code, and those who fall under this category are subject to imprisonment for up to 10 years. It is similar to blackmail, but differs in that it involves a demand for money or goods.
The following are specific examples of behavior that could be considered extortion.
The key to determining whether a crime of extortion is established is whether the request goes beyond the bounds of common sense. Even if the customer’s attitude or tone is harsh, if the customer demands money within the scope of the money-back guarantee, they will not be subject to extortion charges.
In addition, cases where money is demanded after being assaulted or threatened but the person does not actually pay it falls under a different crime called attempted extortion, not extortion.
assault crime
If you assault an employee, you will be charged with assault.
It is prohibited under Article 208 of the Penal Code, and those who commit assault are subject to imprisonment for up to two years or a fine of up to 300,000 yen.
The following are examples of acts that qualify as assault.
A crime of assault is committed when the attack poses a risk of injury to the other person, regardless of whether or not there was physical contact with the other person. Therefore, even if the water or stone does not hit the employee, you will be charged with a crime if you try to hit the employee.
crime of injury
If an employee is injured as a result of a customer’s actions, a criminal offense is committed.
As the name suggests, assault is a crime that is committed when someone causes physical injury.
It is prohibited under Article 204 of the Penal Code, and those who cause injury are subject to imprisonment for up to 15 years or a fine of up to 500,000 yen. This is similar to assault, but the difference is that the assault involves actual injury.
The following are examples of acts that fall under the crime of injury.
offense of contempt
Contempt is a crime that is committed when someone “publicly insults someone without stating the facts.”
Article 231 of the Penal Code stipulates that a person who insults someone shall be “punished with imprisonment for not more than one year, a fine of not more than 300,000 yen, detention, or a fine.” Stating a fact means stating specific facts, regardless of whether they are true or not.
Words that can be considered insulting include “idiot,” “idiot,” “trash,” and “ugly.” If an employee is insulted online or in front of other customers using these words, they could be charged with contempt. In addition, if the expression “black company” is used against a company, it can also be charged with contempt.
defamation crime
If you publish content that lowers the social reputation of a specific person or company to an unspecified number of people, you are guilty of defamation.
Defamation is a crime that is committed when someone “publicly lowers another person’s social reputation by pointing out facts.”
It is prohibited by Article 230, Paragraph 1 of the Penal Code, and those who defame someone’s reputation are subject to imprisonment for up to 3 years or a fine of up to 500,000 yen. It is similar to contempt, but differs in that it states specific facts.
The following are specific examples of content that applies to defamation.
However, if you accuse a company of wrongdoing, you are not subject to defamation charges.
Case of Kashara
Here, we will introduce an actual case of Kashara.
Companies must take strict measures against harassment, as the following extremely malicious acts have occurred one after another in recent years.
Dissemination of nuisance behavior at restaurants and videos thereof
At a conveyor belt sushi chain restaurant, an incident occurred in January 2023 where a disturbing video of a person licking the spout of a teacup or soy sauce jug was shared. As a result of this incident, the image of conveyor belt sushi restaurants deteriorated, and the operating company’s market capitalization decreased by nearly 17 billion yen. Furthermore, similar disturbing videos have been recorded at other conveyor belt sushi chain restaurants, and now more and more companies are no longer offering food in conveyor belt lanes, which has had a major impact on service.
In addition, in January of the same year, an incident occurred at a udon chain restaurant where an unsolicited video of people using a shared astragalus to put free tempura directly into their mouths was shared. As a result of this incident, the company has announced that it will offer tempura cakes and grated konbu in individual packaging for customers who are concerned about hygiene, and they are busy taking measures to prevent nuisance behavior.
Furthermore, in September 2022, an incident will occur at a gyudon chain restaurant where a disturbing video of a person eating pickled ginger from a shared container with his own chopsticks will be shared. As a result of this incident, the management had to deal with measures such as closing the store, replacing pickled ginger, cleaning containers, and replacing and cleaning other seasoning containers.
Malicious acts such as abusive language by passengers, harassment on railways and airlines
There is no end to cases of abusive language and malicious behavior by passengers in the railway and airline industries.
According to a survey by the Ministry of Land, Infrastructure, Transport and Tourism, there were 1,124 cases of harassment against railway station staff in 2022. In addition, more than 300 cases of Kashara were confirmed at All Nippon Airways and Japan Airlines in fiscal 2023. When one station employee asked a passenger to check his limited express ticket, he was yelled at, saying, “You think I don’t have a limited express ticket, right? I’ll never use it again.” When another station employee warned a high school boy who was leaning over the tracks to take pictures, he was yelled at and yelled at and threatened, saying, “Don’t be silly.”
Another flight attendant was scolded when she served cold tea to a passenger, saying, “I wanted juice.” The flight attendant apologized and offered her another drink, but the passenger threw a cup at the flight attendant and said, “Don’t be silly.”
The railway and airline industries are busy taking countermeasures against harassment, as malicious harassment has placed a heavy burden on employees, forcing them to take leave or quit their jobs.
Harassment by long phone calls to customer support
Customer support, which deals with customers over the phone, is prone to harassment because customers do not have to reveal their faces or names or go to the counter.
At one customer support desk, there was a man who contacted us regularly, and every time he spoke on the phone he would say things like, “You should fix XX with that product” or “You shouldn’t release XX.” The number of such calls and the long response times made the staff feel depressed after dealing with them over and over again.
In another customer support case, I received a call from a customer with threatening language, saying, “The product is broken, so I want my money back.” When the customer asked about it, it turned out that it was a product made by another company, and the staff told them about it, but the customer was not convinced and was forced to listen to abusive language for a long time.
Furthermore, at customer support at a clinic, we received a request from a customer who said, “I feel uncomfortable in the treated area, but I don’t have time to come to the clinic, so I would like the medication to be mailed to me free of charge.” The staff refused, as it is prohibited to prescribe medicine without examining the patient, but the customer was not satisfied and the argument continued for two hours.
In customer support, there are many cases in which staff members are harassed over the phone for long periods of time, are subjected to excessive demands, and verbal abuse that resembles threats, and the impact on the staff’s mental and physical health is immeasurable.
According to a survey by Tobira Systems Co., Ltd., 66.1% of staff who experienced harassment responded that they felt angry, dissatisfied, or anxious. Additionally, 49.8% of staff responded that their motivation to work had decreased, and 33.9% of staff responded that they had become fearful of work.
In fact, approximately 20% of staff members responded that they had difficulty sleeping or had to go to the hospital or take medication as a result of their mental and physical effects, making it an urgent task for customer support to take measures against harassment.
Reference:
Tobira Systems Co., Ltd. Survey on “Experiences of Customer Harassment by Telephone”
Damage to companies due to Kashara
Here, we will explain the damage caused to companies by Kashara.
Be careful not to suffer harassment because it not only has a negative impact on employees and business performance, but also the company itself may be the perpetrator.
There is a risk of violating the duty of consideration for safety.
According to the Labor Contract Act, companies must give consideration to their employees so that they can work while ensuring the safety of their lives and bodies. This is called a “duty of safety consideration.”
If an employee suffers physical or mental damage as a result of neglecting to take measures against harassment, there is a risk that the employee may be sued for damages due to a violation of the duty of care. In fact, at one hospital, a nurse who was working at the hospital was assaulted by a patient during her work and took a leave of absence, and the nurse was eventually fired by the hospital because her leave period had expired. The nurse claims that the hospital breached its duty of care and is seeking compensation for this accident. In fact, this hospital did not take any concrete measures to protect nurses, even though violence from unconscious patients was a daily occurrence. For this reason, the court recognized the hospital’s violation of its duty of care and ordered the nurse to pay approximately 19 million yen in compensation.
Companies must understand that they can not only be victims of harassment, but also perpetrators of harassment against their employees, and must take measures against harassment.
Employees become physically and mentally ill
Employees who experience harassment are under a lot of stress.
If you are subjected to harassment such as excessive demands, coercion, and abusive language on a daily basis, your self-esteem and motivation to work will decrease significantly. This will ultimately lead to employees becoming unwell or mentally ill, leading to time off or resignation.
In addition, there is a risk that it will not only affect the employee who has been harassed, but also other employees who witness the harassment. Even if the employee has not been harassed, a workplace where harassment may occur can be stressful for employees.
If an employee takes a leave of absence or quits due to harassment, other employees may become fearful of work and may suffer from physical and mental illness.
Spreading negative publicity leads to a decline in business performance.
In recent years, there has been an increase in cases of harassment, where companies are damaged by posting false information or negative reviews on the internet or social media. Even if it is unfounded, if negative reviews spread on the internet or SNS, the image from customers will deteriorate and business performance will decline. If a spam video is spread, it will greatly damage the trust in the service, leading to a decline in business performance.
Additionally, if a clerk at a restaurant or convenience store is subjected to harassment such as excessive demands or abusive language, other customers present at the scene will not be able to receive appropriate service. There is a risk that customers will be offended by encountering Kashara, which will lead to fewer customers and lower sales.
How companies should respond to harassment
In order to protect employees from harassment, countermeasures and responses to harassment are necessary.
Here, we will explain how companies should respond to harassment.
Showing a corporate stance that does not yield to harassment
If a company gives in to a customer who engages in harassment, demands may escalate.
Therefore, it is important to firmly respond to customers who appear to be harassing customers.
By officially sending out messages such as “We will not tolerate harassing behavior even by customers” and “We will not give in to unreasonable demands,” you can expect to deter harassment.
Also, check to see if your company’s mindset is too biased toward customer-first thinking.
If you take customer-first behavior too far, there is a risk that unscrupulous customers will think that you will comply even with unreasonable demands.
Therefore, it is important to treat customers on a daily basis in a way that makes them aware that they have an equal relationship with them.
Caring for employees who have experienced harassment
In addition to preventing harassment, it is also essential to take care of employees who have been victims of harassment.
If an employee is left unattended due to harassment, it becomes a liability issue for the company. Therefore, if an employee is a victim of harassment, it is important for the person in charge to contact them to check whether they are feeling unwell or have concerns about coming to work. If the employee complains that they are not feeling well, encourage them to see a medical institution or ask them to take a leave of absence from work. In particular, if employees are suffering from psychological damage, it is necessary to request mental care from professionals such as industrial physicians or industrial counselors, and create opportunities for employees to receive counseling.
Establish a consultation desk
It is also important to establish a consultation desk to respond appropriately to employee inquiries. If there is a consultation desk within the company, employees do not have to deal with harassment on their own. If you have a single point of contact, you will be able to accumulate cases of harassment, which will help you build up know-how.
In addition, when setting up a consultation desk, it is also necessary to establish a system that allows collaboration with specialists, human resources and labor departments, legal departments, etc. First, consult with a professional, such as an industrial physician or lawyer, and decide how to proceed.
After establishing a consultation desk, create an environment in which it is easy to consult by disseminating the following information within the company.
Many employees think that “If I consult with them, rumors will spread within the company” or “If I consult with the help desk, it might affect my career.” Therefore, it is necessary to clearly state that personal information will be thoroughly protected and that no disadvantage will arise as a result of consultation.
Prepare a corresponding manual
By preparing a manual for dealing with harassment, you can prevent damage to your employees. Additionally, by sharing appropriate responses to harassment, the impact on employees’ physical and mental health can be reduced.
When creating a corresponding manual, it is important to include the following contents.
Record
It is effective to record a record for Kashara measures.
Recording correspondence with videos, audio, notes, etc. can be submitted as evidence of malicious demands and rants in case of trouble. Also, if you show your posture, the opponent may be flickering and the situation will fit. In addition, it is also possible to verify that the response was appropriate, and to enhance measures by linking to the update of the corresponding manual.
When you record a record, it is easier to convince the other person if you explain it, such as “to understand your opinions firmly” or “do not accidentally recognize your opinion”. Be ready to record your employees and prepare equipment for recording to your employees at all times.
Also, it is important to write a complaint report in your daily work so that you can accurately report when and where and what.
It should be noted that the records recorded and recorded without permission may be judged to be judged to have no evidence when you are in trial.
Conduct internal perfume and training
Since the employees who respond to the customer do not know when to encounter Kashara, it is necessary to conduct training on Kashara so that all employees can respond appropriately and inform them within the company.
The following is an example of the training content for Kashara.
Contact the lawyer or police
In the case of a malicious Kashara that exceeds the degree, there is a risk that the company alone may not be able to respond, so if you feel dangerous, immediately report it to the police and consult a lawyer. In particular, legal measures are effective for threats and assaults on employees. Submitting evidence such as audio and writing to police and lawyers will be advantageous in trials.
It is also effective to ask a lawyer to negotiate on behalf of. If a lawyer tells you that there is a legal problem in the behavior of a customer, you are more likely to soften your customers and reduce the risk of being taken into disadvantages.
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Examples of policies for corporate Kashara
Here, we will introduce the policy of Kashara, which is actually announced by the company.
Let’s formulate a policy for Kashara, based on the policy of Kashara announced by the company.
Railway (JR West, East Japan)
In April 2024, JR East Japan announced a “policy for customer harassment”, and in May of the same year, JR West announced the “Basic Policy on Customer Harassment.”
The policy of JR East has stated that it will not respond to customers who perform Kashara. In addition, if malicious acts are recognized, they will consult with the appropriate organizations, such as police and lawyers, and will deal with them strictly.
With this policy, a certain effect was found, such as making it easier for passengers to respond with the boss and working with peace of mind.
The policy launched by JR West has shown a resolute response like JR East, such as the suspension of response to customers who perform Kashara and the strict response, including legal measures. In addition, we have established a policy to provide a mechanism that allows employees to consult with a specialized lawyer, and to provide a method of responding to Kashara and procedures.
Airlines (ANA, Japan Airlines, Solaside Air, Star Flyer)
In June 2024, the ANA and Japan Airlines jointly set a policy for Kashara.
The policy has announced that the acts that fall under Kashara will be classified into nine items, such as assault and slander, and will take a resolute response to these acts. Depending on the situation, it will take appropriate measures, such as reporting to the police, refusal to board and use, and submitting a pledge.
Sorasid Air also announced in July of the same year that it had formulated a policy for Kashara.
The policy stipulates that the definition of Kashara is that the work environment of employees is damaged by acts that are contrary to airlines and relevant laws, which take advantage of the superior positions from customers and third parties.
In the event of an act that falls under Kashara, he will refuse the use and customer response, and will strictly deal with malicious behavior and criminal acts through a report to the police and lawyer advice.
In addition, Star Flyer has set a policy in Kashara in July of the same year.
According to the corresponding policy, the act that corresponds to Kashara, like ANA and Japan Airlines, is classified into nine items, saying that it is “harm the employee’s employment environment.”
In the event of an act corresponding to Kashara, he will be careful and warned, consult a lawyer, report to the police, and refuse to provide future services.
Department store (Takashimaya)
In July 2024, Takashimaya compiled a basic policy for Kashara.
The basic policy defines Kashara based on the Ministry of Health, Labor and Welfare’s “Customer Harassment Corporate Manual”. He says that he will work rationally for reasonable solutions to build a better relationship, but may be discontinued when judged to be Kashara and refuse to come to the store. If it is judged to be malicious, he will contact the police and external experts and deal with it properly.
In addition, the company has announced that it is conducting training on knowledge and countermeasures for Kashara, and has established a system in the event of Kashara. He also coordinates with police and external experts and has set up consultation desks for Kashara, and is in a thorough system to deal with Kashara.
summary
Kashara is a vicious annoyance that can be a crime such as intimidation and assault.
About 16%of companies have been damaged by Kashara, and in recent years there has been a movement to formulate the Kashara Prevention Ordinance. If you receive Kashara, there is a risk of poor performance due to bad reputation.
In order to protect employees and corporate value, it is essential to prepare measures to Kashara in advance, such as preparing compatible manuals and installing a consultation desk.