What a Job Posting in Japan Must Include: the April 2024 "Scope of Change" Rules and Accurate Advertising

In Japan, a job posting is not just an ad for attracting applicants — it is also a document whose content is set by law. Missing items or descriptions that don't match reality can lead to disputes with applicants and early resignations, and can also draw guidance from the authorities. Based on the Employment Security Act（職業安定法）and leaflets from the Ministry of Health, Labour and Welfare (MHLW)（厚生労働省）, this guide sets out the rules hiring managers need to know.

01What every job posting must state

When recruiting workers, you must state the following working conditions (Employment Security Act, Article 5-3; Ordinance for Enforcement of the Act, Article 4-2, paragraph 3). This applies to job sites, Hello Work job postings and the recruitment page on your own website alike.

02What changed in April 2024

From April 1, 2024, more items must be stated both at the recruitment stage (Ordinance for Enforcement of the Employment Security Act) and when the contract is signed (Ordinance for Enforcement of the Labor Standards Act). The key idea: state not just the first assignment, but what it could become.

• Scope of possible changes to duties: e.g. "(Immediately after hiring) general office work; (scope of changes) ○○ office work"
• Scope of possible changes to the workplace: e.g. "(Immediately after hiring) head office; (scope of changes) ○○ branch". If transfers to other sites within the company are possible, state that range.
• Renewal cap: for fixed-term contracts that may be renewed, e.g. "total contract period capped at ○ years" or "up to ○ renewals".

MHLW advises stating renewal criteria concretely — e.g. "decided based on work performance and attitude" or "decided based on the company's business situation" — rather than vaguely, such as "decided by comprehensive consideration of all circumstances".

03The accurate-advertising duty (since Oct 2022)

The amended Employment Security Act (Article 5-4), in force since October 1, 2022, sets two rules for job information — often called the accurate job advertising duty（的確表示）.

1. No false or misleading content. Examples of false content include a company name that differs from the real one, advertising a regular position when the job is actually part-time, and wages higher than what is actually paid.
2. Keep information accurate and up to date. Take down ads promptly once recruitment ends, update them when details change, and make clear as of when the information applies.

MHLW's leaflet gives the following as examples of "misleading content":

• Describing a mainly sales job as an "office job"
• Making a contract-employee position look like a regular position
• Blurring the line between freelance (outsourcing) work and employment
• Presenting the pay of a few high earners as if everyone earns it
• Playing up a group company's track record so it is confused with the hiring company

Recruiting through false advertising or false terms is punishable by imprisonment of up to 6 months or a fine of up to ¥300,000 (Employment Security Act, Article 65). Violations can also lead to guidance, advice or improvement orders.

04Fixed overtime pay and probation

Fixed overtime pay: the three disclosures

If you pay a fixed allowance for a set amount of overtime, whatever it is called (fixed overtime pay（固定残業代）), you must state all of the following three points.

If terms differ during probation, state both

Whether there is a probationary period, and its length, must be stated. If wages or other terms differ between the probationary period and afterwards, you must show each set of terms (Ordinance for Enforcement of the Employment Security Act, Article 4-2, paragraph 6). A sample wording: "Monthly pay ¥250,000 (¥200,000 during the probationary period)".

05No limits by age or gender

Setting age limits in recruitment and hiring is prohibited in principle, including for part-time jobs (Act on Comprehensive Promotion of Labor Policies（労働施策総合推進法）, Article 9). Even if the posting says "any age", rejecting someone because of their age at the document screening or interview is unlawful. Exceptions are limited to cases such as: recruiting for an open-ended contract with the mandatory retirement age as the upper limit; work where laws restrict employment of certain ages; recruiting young people for long-term career development (subject to conditions such as no work experience required and an open-ended contract); and limiting recruitment to people aged 60 or over (Ordinance for Enforcement of the Act, Article 1-3).

For gender, Article 5 of the Equal Employment Opportunity Act（男女雇用機会均等法）prohibits discrimination in recruitment and hiring. MHLW guidelines treat wording such as "men preferred"（男性歓迎）or "a job suited to women"（女性向きの職種）, and job titles that refer to one gender, as examples of excluding the other. Exceptions, such as legal restrictions, apply only in limited cases.

06Roles that require a license

For jobs that require a license — in healthcare, long-term care, transport, construction and so on — state exactly which license you need. For example, a registered nurse（看護師）and a licensed practical nurse（准看護師）hold legally different licenses, and a licensed practical nurse works under the instructions of a physician, dentist or registered nurse (Act on Public Health Nurses, Midwives and Nurses（保健師助産師看護師法）, Articles 5 and 6). Specify which one you want, or whether either is fine, and if pay differs by license, show each amount — this prevents mismatches after someone applies.

Also, anyone who is not a nurse is prohibited from using the title "nurse"（看護師）or a confusingly similar one (Article 42-3 of the same Act). Take care with job titles when recruiting unlicensed staff.

07When to disclose, and keeping records

• As a rule, state the items above in the job posting or ad. If you leave some out for reasons such as space, you must state all of them by the time you first meet the applicant, such as at the interview. If a workplace visit is the first contact, state them by the visit.
• If you change the terms during selection, state the changes promptly (Employment Security Act, Article 5-3, paragraph 3). A document that lets the applicant compare the original and changed terms is recommended.
• The terms should in principle be given in writing. If the applicant wishes, email or another method that can be printed out is also fine.
• Keep a record of what you stated until the end of recruitment (or until the contract is concluded).