Headhunting ヘッドハンティング

Approaching people who are employed and not looking, on behalf of an employer. Also written headhunter, hikinuki, poaching, direct approach.

The English loanword is used widely in Japan. A "headhunter" can be a partner at an executive search firm or an agency recruiter sending messages through a job database. On BizReach, for example, registered agency recruiters are called headhunters. Being headhunted carries some prestige: it says the market sought you out. The Japanese word hikinuki, pulling someone out, describes the same act from the losing employer's side.

The legal position is straightforward. Article 22 of the Constitution protects the freedom to choose an occupation, and approaching another company's employees is lawful. Anyone who does it for a fee is running a placement business and needs a licence under the Employment Security Act.

The limit comes from case law on employees who recruit their own colleagues. In the Laxon case (Tokyo District Court, 25 February 1991), a sales director secretly planned the move of 29 subordinates to a competitor, taking many of them away on what was presented as a company trip. The court held that simply encouraging someone to change jobs is not unlawful. Recruitment that goes beyond social norms and is carried out in a seriously disloyal way breaches the duty of good faith in employment. It awarded damages against the director and the company that hired them.

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.