Fair recruitment screening 公正採用選考

The government's rules and guidance on what employers may ask and collect when hiring. Also written kosei saiyo senko, fair recruitment, fair selection.

The policy grew out of Japan's history of discrimination against buraku communities, whose members could be identified through family registers and place of origin. The labour ministry's position is that hiring should be judged only on aptitude and ability, and it publishes 14 matters that can lead to discrimination. They fall into three groups. Matters the applicant is not responsible for: domicile of origin and birthplace, family (occupations, health, income, assets), housing and home environment. Matters that should be free: religion, political party, views on life, thought, the people they respect, what newspapers and books they read, and union or student-movement activity. And methods: background investigations, application forms that ask for the matters above, and health checks with no reasonable connection to the job.

Part of this is hard law. Guidelines under the Employment Security Act, which apply to employers recruiting staff as well as to agencies, prohibit collecting information on race, ethnicity, social status, family origin, domicile and similar matters, beliefs and union membership, unless there is a specific occupational need and the person is told why. The Act also bars age limits in recruitment except in listed cases, and the Equal Employment Opportunity Act bars restricting recruitment by sex.

Prefectural labour bureaus and Hello Work give training on the rules and follow up complaints.

What it means for a foreign employer

Sources

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General information for employers, not legal advice. Thresholds and dates are checked against the sources listed and dated above; confirm anything you act on with a Japanese employment lawyer or a licensed labour and social security attorney.