The first step to recruiting new talent is usually creating an advert for the role. In Japan, job adverts should provide as much information as possible on the position and clearly state the job title, duties, location, hours and salary (together with any other relevant working conditions). This information must be accurate and up-to-date; misleading or false information is prohibited. Further, employers must disclose working terms by the first contact with applicants.
Once you have identified the applicants, as part of the assessment process you may want to carry out certain checks of the candidates. Background checks, including a review of social media accounts, are allowed but employers must respect privacy rules. Personal information must be obtained directly from the candidate, while prior consent is also required for more sensitive information (known as ‘Information Requiring Special Consideration’), such as any criminal information. Other sensitive information, including a candidate’s race, beliefs, or union status, cannot be obtained unless it is collected directly from the applicant and is absolutely necessary for business needs. These privacy rules apply during any interview and so employers must be cautious about the types of questions they ask applicants.
Health checks must be carried out with similar care, while requesting references must be done with the consent of the applicant.
If an employer is looking to hire a foreign worker, they must ensure that the individual has the appropriate visa and work permit to legally work in Japan. The process typically involves the following steps:
If foreign workers are already residing in the country and hold some form of residence status, they must apply for a change of residence status or submit a notification regarding their affiliated institution as necessary. However, foreign workers with unrestricted activities, such as permanent residents, do not need to undergo these procedures.
Additionally, when employers hire foreign workers, they are obligated to report the employment status of those workers to the Public Employment Security Office.
In terms of documentation, records such as passports and residence cards must be maintained, together with other prescribed employment-related documents.
Probationary periods are common and typically last around three months, although could be longer or shorter depending on the role. As a general rule, they should be no longer than is reasonably necessary.
Employers can terminate employment during this period but must provide clear, justifiable reasons for doing so as an employee could later decide to dispute the decision by bringing a legal claim.
Employers must retain personal information of job applicants only to the extent necessary to achieve the purpose of hiring. Generally, employers are required to dispose of or delete the personal information of unsuccessful candidates, unless a reasonable retention period is specified in the job posting / related documents.
Job applicants in Japan can bring claims against prospective employers. These may include claims for salary payment if a job offer is unlawfully rescinded (i.e. where the employment contract was validly formed), or for damages due to discrimination, harassment during the hiring process, or an infringement of privacy rights.
Employers who are looking to recruit in Japan should prioritise transparency, respect privacy, avoid discrimination, and follow proper procedures for foreign hires. As noted above, job applicants can bring claims against prospective employers and so it is essential that employers stay compliant, thereby reducing legal risk and the potential associated financial and reputational costs.
