In this article
Background checks are a vital tool for employers looking to verify a candidate's abilities and safeguard their workplace from potential crimes. In Japan, however, conducting these checks can be daunting, as the country has strict legislation in place to protect its citizens' privacy.
Employers must navigate a complex web of regulations, including the Employment Security Act and guidelines established by the Minister of Health, Labor, and Welfare. Failure to adhere to these rules could result in hefty fines, making it essential for HR managers to know exactly what's permitted and what isn't under Japanese law.
This article will provide you with a comprehensive guide to navigating the country's strict privacy laws and help conduct thorough background checks in Japan confidently.
Table of Contents
Are you legally required to run background checks on Japanese employees?
No, it isn’t mandatory to run an employment background check in Japan.
Japan places great emphasis on the privacy rights of its citizens and discourages companies from screening their candidates. Nevertheless, companies can still conduct background checks by obtaining subpoenas or court orders authorizing them.
To conduct a background check on a potential employee, you must clearly identify and communicate the purpose behind personal information collection and obtain their written consent beforehand. This includes access to personal information, criminal records, employment history, civil records, and educational qualifications that are relevant to the position.
Note that you should use this information for legitimate purposes only and ensure the confidentiality of the candidate's personal information.
In addition, Japan has a few pieces of legislation in place to govern the screening process in the country.
Here are five laws employers must comply with before running a background check on Japanese employees:
Rippling makes it easy to run background checks in Japan.
Is it legal to run background checks on Japanese contractors?
Conducting international background checks on contractors is not illegal in Japan, but you need their explicit permission to do so while ensuring compliance with federal laws. Japanese employment and privacy laws prohibit employers from seeking personal details, and criminal and litigation records without consent.
Common background checks | Less common background checks |
|---|---|
Personal Information | Credit reports |
Professional history and education verification | Social media profile and internet search (depends on role) |
Criminal records | Drug and alcohol testing |
Credit/financial checks | Medical records |
Assets | Fingerprinting |
Reference check | Handwriting |
Work authorization | Business interest |
Union membership | Political views |
Reference checks |
|
License verification (depends on role) |
|
Disclaimer
Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
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