Running head: RECRUITMENT AND LABOR LAWS 1

Recruitment and Labor Laws a Case of Japan

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Institution
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Introduction

The legal requirement varies from country to country as labor laws in different jurisdictions are

not the same. The legislation on recruitments and selection processes has a significant impact on

the labor market. In Japan, there are two primary classifications of law enforcement entities that

is the Labor Standards Act (LSA) and its subsequent enforcement. These entities provide

minimum required standards in the employment contracts concerning terms and conditions

precedent. For collective labor controls, the Labor Union Act serves to ensure the rights of the

joint unions are adequately governed and administered (Ono & Kanamaru, 2019). Labor

Contract Law (LCL), on the other hand, regulates the individual labor relationship, by providing

conditions and guidelines in employer versus employee negotiations on terms of employment.

Apart from the above, there exist also other crucial sources of employment law enforcement

entities such as; The Industrial Safety and Health Act, the Act on Improvement, and Employment

Security Act (Ono & Kanamaru, 2019).

Labor laws in japan is well established. Employees enjoy provisions such as; work-life balance,

health benefits, lifetime employment contracts, fair treatment, and other privileges as guided by

the well-established labor laws (Nielsen & Ma, 2019). In the human resource rules of

employment in japan, major rules are considered, such as the working hours and wages. It is also

a requirement for companies with many employees, say more than ten to draft work rules, and

submit to the Labor Standards Inspection Office for approval. Such procedures and regulations

ensure that employer versus employee relationship remains mutually beneficial, and no party

suffers as a result of their employment terms agreements.

Staffing Rules and Procedures

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Recruitment of staff to work in Japan by the various organizations should strictly observe the

basic fundamental labor standards such as the right to work as an individual obligation,

restriction on child labor, and freedom of the workers to organize, collaborate, and bargain.

Wages, working hours, and all other primary working conditions ought to be clearly defined and

guided by the law. As compared to other nations such as Canada, bodies controlling labor

relations are also in existence. An essential requirement for working in Japan is to understand the

Japanese language (Nakatsukasa & Akasaki, 2019). The condition forms a basis of

disqualification for many foreign professionals who may be interested in working in Japan.

Working in japan requires an appropriate visa and work permits for foreigners. Mostly foreigners

get more quickly, job roles related to teaching English to Japanese students. In stock, many

countries having employment rules are keen to define the following in their employment

contracts; the working hours, breaks and leave, methods and ways of wages calculation, and

resignation procedures. Clauses that address; retirement allowances, responsibility allowances,

training, work accident compensations, dispensary measures, and performance recognition and

awards.

During recruitments, employees are required to produce the requisite documents as required by

law. These documents include, Identification documents, passport photos, candidate's CV in

English, Copy of passport, income tax compliance certificate, and academic qualification proofs.

The interview process is a prerequisite requirement for job entry; in many jurisdictions, rules and

regulations are governing the conduct of the interviewing process within an organization. Human

resources operatives are bound by law to strictly adhere to interviewing ethics as guided by the

labor laws (Nakatsukasa & Akasaki, 2019). In Japan, employers are not allowed to ask questions

that are not related to work requirements and academic and professional duties. There have been
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continuous labor law amendments owing to emerging trends in gender inequality, harassment,

and discrimination. Questions regarding individual lifestyle habits, parental background, and

ethnicity can bring a feeling of unfairness, hence are not permitted by the Federation of

Economic Organizations. Questions that employers are not allowed to ask during an interview

include; “Where do you stay", or “where is your permanent residential address." Such a question

gives a perspective of classification of where a candidate lives and can generally stereotype a

candidate on that basis. Besides, the question is not related to any job qualification. Another

example is a question about politics, e.g. "which political party does you support?", this question

is meant to give a view of the political stand of a candidate, this can lead to unfair treatment and

discriminatory recruitment process.

Employment standards differ from country to country are dependent on the economic status of

the country in question. Comparing Japan and Canada, both countries have well-grown

economies and have well-established labor laws to govern employment. However, Japan has a

lot of restrictions on foreigner's work as compared to Canada due to readily available labor from

within the country, thanks to its large population and also their advanced technology. Canada, on

the other hand, outsources its work (Nielsen & Ma, 2019). The community is lower, and young,

energetic experts in various fields are not enough to satisfy the needs of such a healthy economy

in terms of labor provision. The language barrier is also a factor to consider as Japan has a local

official language, the Japanese. Foreigners intending to work in Japan need to learn their local

language to fit in well in their labor market.

In Japan, their recruitment process is mainly achieved through online platforms. Job seekers find

employment opportunities posted on recruitment portals whereby their pre-qualification

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procedures are done, and qualified candidates invited to next stages of employment including

face to face interviews and other tests (Ono & Kanamaru, 2019).

Conclusion

Labor laws are essential aspects of governing recruitment and selection exercises by potential

employers. Such rules ensure equality in the process and guard the privileges of the recruits. As

much as labor laws can have variance depending on the jurisdiction and local laws. They all

serve to safeguard the interest of difficult and employers in a symbiotic way.

References

Nielsen, C., & Ma, C. (2019). Employment & Labour Law 2019 | Canada | ICLG. Retrieved 21

October 2019, from https://iclg.com/practice-areas/employment-and-labour-laws-and-

regulations/canada

Ono, S., & Kanamaru, Y. (2019). Employment & Labour Law 2019 | Japan | ICLG. Retrieved 21

October 2019, from https://iclg.com/practice-areas/employment-and-labour-laws-and-

regulations/japan

Nakatsukasa, M., & Akasaki, Y. (2019). International legal business solutions - Global Legal

Insights. Retrieved 21 October 2019, from https://www.globallegalinsights.com/practice-

areas/employment-and-labour-laws-and-regulations/japan