Mental Health & Retention Compliance Checklist for Foreign HR in Japan
Key points (the short version) - Stress check: annual; 50+ now, all workplaces from April 2028 - Implementer: must be a qualified health professional — not HR, employer, or a sharoshi - Confidentiality: individual results protected under Article 66-10; employer sees only group analysis (10+) - Industrial physician: appoint at 50+ workers - Retention tools (pulse surveys, 1on1s) are separate and voluntary — never join individual stress check data
⚠️ This is a practical overview, not legal advice. Obligations vary and may change; confirm with official sources such as Japan's Ministry of Health, Labour and Welfare.
The compliance checklist
Stress check (legal obligation)
- [ ] Confirm worker count and applicability (50+ now; all workplaces from April 2028)
- [ ] Arrange a qualified implementer (physician, public health nurse, etc.)
- [ ] Choose survey method (web/paper)
- [ ] Deliver individual results to the employee; do not access them as employer without consent (Art. 66-10)
- [ ] Provide a physician interview when a high-stress employee requests one
- [ ] Prohibit disadvantageous treatment for making that request
- [ ] Use only group analysis of 10+ at the employer level
Workplace health structure (at 50+ workers)
- [ ] Appoint an industrial physician (sangyo-i)
- [ ] Set up the health and safety committee
- [ ] Confirm related selections (e.g., health manager) for your size
Retention practices (voluntary — keep separate from individual stress data)
- [ ] Run pulse surveys anonymously to read team condition
- [ ] Hold regular 1on1s to surface concerns early
- [ ] Use skill maps to make growth visible
- [ ] Never join individual stress check results with retention analytics
How the pieces fit
The legal layer (stress check, confidentiality, industrial physician) and the voluntary retention layer (pulse, 1on1, skill maps) are complementary but separate. The boundary that matters most is Article 66-10: individual stress check results stay with the employee, and only group trends inform the workplace. For how to operate the voluntary layer as one cycle, see the integrated retention platform approach. For the legal background, see common misconceptions about Japan's stress check law and the 2028 timeline for companies under 50.
A practical route for foreign companies
The simplest way to stay compliant is to use a stress check service that arranges the qualified implementer and handles results per Article 66-10, while running pulse surveys and 1on1s for retention at the appropriate level. COCKPITOS brings these together on one platform.
Summary
For foreign HR in Japan, mental health and retention compliance comes down to a few essentials: run the stress check with a qualified implementer (all workplaces from April 2028), keep individual results confidential under Article 66-10, appoint an industrial physician at 50+ workers, and keep voluntary retention tools separate from individual stress data. Use this checklist to organize the work — and confirm specifics with official sources.