I would like to record our conversation with my manager at work because I feel like there is power harassment happening whenever I talk to her. Is it legal for me to use a recorder without her knowing so that I have evidence when we talk again? So I can let our HR department hear what she says to me and how she humiliates me.
Please help me.
by kokohhh
16 comments
It is not illegal. Do be careful as some of the content could be confidential.
Yeah, you’re good. Wishing you better days. I have been there in the past. I put up with it for longer than I should have but eventually told them to take their job and shove it (I ain’t working’ here no more!)
Yes you can, but do not post it online or any other public place. Save it for evidence and consult a lawyer on what you should do with it.
Don’t share it with HR; they will not help you (things will get worse for you, and they might try to fire you). If it’s serious, talk to a lawyer.
It’s legal long as you are part of the conversation.
I have been through the same situation and some recordings that I made at work were used as evidence in a power harassment and unfair dismissal case and the lawyer confirmed that the above is true.
You can record but do NOT share with the manager or HR unless you want things to escalate really fast in directions you can’t control.
Those recordings are your insurance in case they try to discipline you and adversely alert you benefits due to perceived performance issues. Think of them as a last resort as you might not have a long term future after using them.
Once you have a few recordings tell them the way they speak is disrespectful and needs to be address. And keep that recording extra safe. good luck!
Knock yourself out. Make sure you get several instances.
Yes this is entirely legal in Japan. However do not share it online and keep it to yourself to be used as evidence at a later date when needed either with a lawyer or to negotiate terms with your company.
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It is legal, but be careful about who you share it with, particularly your HR department at work. By default, in a dispute they back whomever is more important to the company; they’re not as interested in justice as you might hope. Hang on to it not to show HR, but to show Hello Work if you get pushed out and want to claim unemployment sooner rather than waiting the full three months.
The Japanese Supreme Court seems to think this is okay:
” When a person who believes he or she has been defrauded, and distrusting the other party’s explanation, records a conversation with the other party for use as evidence, **this act is not unlawful even if it is done without the other party’s consent**, and the tape recording is admissible as evidence ” ([https://www.courts.go.jp/app/hanrei_en/detail?id=494](https://www.courts.go.jp/app/hanrei_en/detail?id=494))
What I’d ask is what your plan is? What do you want to achieve here? And remember that once you show that you’ve been recording conversations there’s going to be serious trust issues. While it may be legal to record conversations there’s a wide gulf between “not illegal” and “likely to make your colleagues nervous around you”.
HR works for the company not for you.
Thank you very much. I will use the recording to gather all the evidences of power harassment. Thank you very much for enlightening me how to use the recording properly.
Whatever you decide, do not talk with HR.
Speak to a lawyer and follow their advice. Never HR. Their loyalty is to the company, not you.
**HR IS NOT YOUR FRIEND**
Sorry for caps but this must be drilled in everyone’s brain.
Recording is allowed but do NOT upload or spread it. Keep it to yourself and your lawyer. Don’t let anyone know you did it either, not even your spouse. Just quietly gather evidence
HR is not your friend, they work for the company and are in many cases trained to fire people.