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Standards for Counseling Records Prior to Official Workplace Harassment Reporting - Scope of Interviews, Protective Measures, and Retention
2026.08.21 09:12
Workplace Harassment ยท Counseling Record Guide
Standards for Counseling Records Prior to Official Workplace Harassment Reporting - Scope of Interviews, Protective Measures, and Retention
It is difficult to approach counseling records prior to an official workplace harassment report with the mindset that "it doesn't need to be recorded because it hasn't been reported yet" or that "everything must be recorded in detail just in case." Even at the counseling stage, HR must address this issue. Fact of the interview, main appeal details, need for protection, whether the report was converted to an official one, and the procedures provided. You must leave it within the necessary scope.
Recording principles
Counseling records are not investigation reports. During the counseling phase, rather than concluding whether workplace harassment occurred, it is advisable to focus on documenting the difficulties the employee reported and the procedures the company guided them through.
๐ Related original text inquiry
๐ก Situation
There are instances where an employee approaches an HR representative stating, "I don't want to file an official complaint, just want a consultation." They mention conflicts with their supervisor, public reprimands, exclusion from work, and repetitive pressure, but they do not yet explicitly state that they want an investigation.
In other cases, you may face concerns regarding how much of the employee interview record should be kept, how to mark grievance counseling schedules on a calendar, and how to preserve past counseling and interview records when organizing the accounts of departing employees.
In such situations, HR frequently asks the following questions.
โDo I need to record counseling sessions that are not official reports?โ โIf an employee does not wish to report, am I not required to take any action?โ โIs it permissible to share counseling details with department heads or executives?โ โCan interview records and EAP counseling records be kept together?โ โIs it permissible to continue retaining counseling and interview records even after an employee leaves the company?โ
This article summarizes the scope of records HR must keep, protective measures, and retention standards during the counseling phase prior to formally filing a workplace harassment report.
๐ Conclusion
Even consultation before official reporting < It is recommended to keep a record of consultation history to the extent necessary. However, the scope of the recording must be limited.
The consultation record may include the date and time of the consultation, the consultation channel, the main complaint, the need for urgent protection, the intention to switch to an official report, the procedures advised, and the scheduled date for follow-up verification.
Conversely, it is advisable to avoid making definitive statements about unconfirmed facts, identifying the accused as the perpetrator, including unnecessary personal or health information, or leaving excessively detailed descriptions of the counselor's emotions.
Even if an employee does not wish to file an official report, if the company is specifically aware of the possibility of workplace harassment, it may need to review the necessity of initial verification or protective measures.
โ๏ธ Basis
Workplace harassment cases must be managed by distinguishing between the counseling and formal investigation stages. However, if specific behaviors, timing, location, individuals involved, or evidentiary clues are identified during counseling, the situation may escalate beyond simple grievance counseling to a recognized possibility of workplace harassment.
The Labor Standards Act stipulates that anyone may report the occurrence of workplace harassment to an employer, and that upon receiving a report or becoming aware of the occurrence, the employer must conduct an objective investigation to verify the facts without delay.
In addition, secrets learned during the investigation process must not be disclosed against the will of the victimized workers, etc., and the whistleblower and the victimized workers, etc. must not be subjected to unfavorable treatment.
From a personal information perspective, counseling records should be limited to the necessary scope. In particular, it is advisable not to record or to minimize the recording of sensitive or unnecessary information, such as health status, treatment history, family history, and private life.
Therefore, regarding consultation records prior to the official report, the approach is not to โmake everything in detail because it could cause problems later,โ but, A method of documenting the facts and procedures necessary for follow-up response This is safe.
๐งญ Practical Checkpoints
STEP 01
We distinguish between counseling records and investigation records.
Counseling records prior to an official report are intended to receive the difficulties experienced by the counselor and guide them through the process. It may not be appropriate to immediately write conclusions such as "workplace harassment acknowledged" or "perpetrator identified" at this stage.
It is recommended to include the following in the consultation record.
Rather than transcribing everything the counselor said like a transcript, it is better to summarize only the key points necessary for follow-up action.
STEP 02
Check whether to switch to official reporting.
The caller may say, "I would only like to have a consultation right now." In this case, HR should respect the caller's wishes but explain in what instances the company may need to review official procedures.
For example, if a specific perpetrator, repetitive behavior, time, place, evidence, or witnesses are specifically identified, you must review whether to convert the case into a workplace harassment report or an official inquiry.
The following information can be included in the consultation record.
- Whether there is an intention to file an official report
- Do you only want counseling right now?
- Whether you would like to decide after additional consultation
- Whether protective measures are needed
- Whether the company informed that additional verification was needed
- Whether the scope and limitations of confidentiality protection were explained
The important thing is not to stop there by simply stating โI do not wish to file an official report.โ You must also consider the need for protection, the need for further verification, and the schedule for follow-up counseling.
STEP 03
The necessity of protective measures is confirmed even during the counseling stage.
There may be situations where protection is needed even before an official report is filed. These include cases where one must continue to encounter colleagues in the same department, faces repeated public reprimands, fears retaliation, or complains that it is difficult to even come to work.
Protective measures do not necessarily mean a personnel transfer. During the consultation phase, measures to reduce the burden, as described below, can be considered.
- Minimize direct contact with the accused
- Adjustment of meeting attendance method
- Temporary adjustment of work instruction route
- Separation of interview schedules
- Secure a reconsultation schedule
- Information on the availability of paid leave or sick leave
- Guide to investigation procedures when switching to an official report
However, even when taking protective measures, care must be taken to ensure that they are not taken against the will of the affected worker. Adjusting work in a way that reveals the fact of counseling may lead to secondary harm.
STEP 04
Minimize the scope of sharing.
The scope of sharing regarding consultation details prior to an official report must be managed even more strictly. This is because the information has not yet been fully verified and may contain sensitive information regarding the victimized workers, the accused, or witnesses.
Even when sharing is necessary, you should organize it within the scope required for follow-up measures, rather than simply saying, "I heard someone is having a hard time."
You must be especially careful when sharing with department heads or managers. This is because the department head may be involved in the incident, and the counselor could be identified during the sharing process.
STEP 05
The schedule name and meeting room name are also viewed from the perspective of confidentiality protection.
Caution is also required when scheduling grievance counseling or workplace harassment interviews on the calendar. If you write sensitive content verbatim in the event title, such as โHarassment Counselingโ or โOOO Grievance Interview,โ it may be exposed to others.
If using an internal calendar or meeting room reservation system, you must verify the event name and the visibility of attendees. If necessary, you may use expressions that do not overly reveal the purpose, such as โHR Meeting,โ โPersonnel Consultation,โ or โIndividual Meeting.โ
However, internally, the actual purpose of the consultation and details of follow-up actions must be managed in separate records. It is recommended to minimize visible schedule names while accurately documenting internal HR records to the extent necessary.
STEP 06
Set the retention period and access permissions.
If the retention standards for counseling records prior to an official report are unclear, managing them later becomes difficult. It is recommended to categorize grievance counseling records, workplace harassment investigation records, and EAP counseling records according to internal company standards, and to define their storage locations and access permissions.
It is difficult to state a uniform retention period. You must consider the company's document management standards, the potential for disputes, legal retention obligations, whether the matter is being converted for investigation, and the purpose of processing personal information together.
In practice, the following criteria can be established.
- Separate counseling records and official investigation records into separate folders.
- Access is restricted to the minimum number of personnel, including HR managers and investigators.
- Prohibition of messenger forwarding, saving to personal PCs, and leaving printed materials unattended.
- Record modification history management
- Display of records transferred to investigation data upon conversion to official reporting
- Reconfirm the necessity of retention and destruction standards for records related to departing employees
- Application of destruction or separate storage standards after the required period has elapsed
Just as important as keeping a record is limiting who can see it.
โ Checklist
The checklist below is for internal verification purposes to check counseling record standards prior to formally reporting workplace harassment.
especially Summary of consultation, whether to switch to official reporting, necessity of protective measures, scope of sharing, retention standards is a basic verification item. Among all items If 3 or more are insufficient It is recommended to review the consultation record form and management procedures before filing an official report.
โ ๏ธ Common mistakes
POINT 01
Not keeping any records of consultations on the grounds that it is not an official report
If the same problem recurs later or is converted to an official report, it is difficult to verify what was advised during the initial consultation.
POINT 02
Leaving too much detail about the consultation
While records are necessary, leaving unverified claims or excessive private information can increase personal information risks.
POINT 03
Sharing directly with the department head without the counselor's consent
In particular, if a department head may be involved in the case, the scope of sharing must be examined more strictly.
POINT 04
Exposing the sensitive purpose of a consultation directly in a calendar or meeting room name
It is recommended to manage schedule names as part of confidentiality protection.
POINT 05
Managing EAP counseling records and HR interview records together
In principle, the content of EAP consultations should not be shared with the company or managers, and HR interview records must be limited to the scope necessary for providing guidance on official procedures and reviewing protective measures.
๐ฌ When EAP support is needed
Counseling prior to formal reporting of workplace harassment and record management are not areas that an EAP can replace. The reception of reports, decision to proceed with an investigation, protective measures, record keeping, confidentiality, and disciplinary and personnel actions must be conducted in accordance with the company's official procedures and legal standards.
However, if an employee complains of anxiety, sleep problems, work stress, or relationship stress prior to the official reporting stage, you may refer them to EAP as a supplementary channel. Even in this case, it is advisable to clearly inform them that the content of the EAP counseling will not be shared with the company or their manager.
If anxiety, sleep problems, or relationship stress are significant during the process of reviewing whether to file an official report, you may utilize EAP counseling channels. EAP does not replace the reception of reports, investigations, protective measures, disciplinary or personnel actions, or legal or labor judgments; it is a supplementary channel designed to support the psychological burden of members.
If an immediate safety risk is suspected, do not respond solely through general counseling or EAP guidance; instead, you must first identify the company's internal crisis response procedures and appropriate emergency support channels.
๐ Related Posts
โ Frequently Asked Questions
Q1. Do I need to record consultations prior to the official report?
It is advisable to keep a record. However, rather than writing in detail like an investigation report, it is better to record the date and time of the consultation, the main complaint, the need for protection, the intention to switch to an official report, and the procedures advised, to the extent necessary.
Q2. If an employee does not want to file an official report, is it okay not to take any action?
It is difficult to make such a definitive conclusion. If the details of the consultation are specific and the possibility of harm or urgent risk is confirmed, the company may need to review the necessity of initial verification or protective measures. However, the wishes of the affected employee and the protection of confidentiality must be considered together.
Q3. May I share the consultation details with the department head?
Even when sharing is necessary, it is advisable to limit the scope to the minimum. In particular, if a department head is involved in the incident or there is a risk of the counselor being identified, it is safer to restrict sharing and have HR or a designated person verify the information.
Q4. How should I mark grievance counseling schedules on the calendar?
It is advisable to avoid writing sensitive details verbatim, such as "Harassment Counseling" or "Grievance Report," in the schedule title. It is safer to minimize external titles to things like "HR Interview" or "Individual Interview," and to manage the actual purpose of the consultation and records restrictively within internal HR documents.
Q5. Is it permissible to retain records of consultations and interviews with former employees?
It is difficult to generalize. You must consider the company's document management standards, the potential for disputes, whether the matter will be escalated to an investigation, and the purpose of processing personal information. It is advisable to apply standards of destruction or separate storage once the necessary period has passed.
Q6. Is it okay to keep EAP counseling records and HR counseling records together?
It is recommended to manage them separately. In principle, EAP counseling content should not be shared with the company or managers, and HR counseling records should be limited to the scope necessary for guiding official procedures and reviewing protective measures.
Next step
From consultation before official reporting
Organize the records and protection standards.
Organize the records and protection standards.
It is recommended to organize the scope of consultation records, criteria for verifying protective measures, criteria for converting to official reports, schedule name management, and sharing and storage permissions according to internal standards.
Go to Nudge EAP Implementation Consultation โ๐ Source and Information
โข National Law Information Center, Article 76-2 of the Labor Standards Act: Prohibition of Workplace Harassment
โข National Law Information Center, Measures in Case of Workplace Harassment under Article 76-3 of the Labor Standards Act
โข Ministry of Employment and Labor, Workplace Harassment Prevention and Response Manual
โข National Law Information Center, Article 15 of the Personal Information Protection Act: Collection and Use of Personal Information
โข National Law Information Center, Article 16 of the Personal Information Protection Act: Restrictions on the Collection of Personal Information
โข National Law Information Center, Article 21 of the Personal Information Protection Act, Destruction of Personal Information
โข National Law Information Center, Article 23 of the Personal Information Protection Act: Restrictions on the Processing of Sensitive Information
โข National Law Information Center, Measures in Case of Workplace Harassment under Article 76-3 of the Labor Standards Act
โข Ministry of Employment and Labor, Workplace Harassment Prevention and Response Manual
โข National Law Information Center, Article 15 of the Personal Information Protection Act: Collection and Use of Personal Information
โข National Law Information Center, Article 16 of the Personal Information Protection Act: Restrictions on the Collection of Personal Information
โข National Law Information Center, Article 21 of the Personal Information Protection Act, Destruction of Personal Information
โข National Law Information Center, Article 23 of the Personal Information Protection Act: Restrictions on the Processing of Sensitive Information
This content is intended for general informational purposes. Specific matters regarding legal matters, labor issues, pre-official workplace harassment counseling, interview records, protective measures, personal data protection, record keeping, disciplinary and personnel actions, and mental health and psychological counseling may vary depending on the workplace situation, the latest laws, and official guidelines; therefore, review by relevant experts or authorities may be necessary. In cases where an immediate safety risk is suspected, do not respond solely through general counseling or EAP guidance; instead, prioritize verifying the company's internal crisis response procedures and appropriate emergency support channels.
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