Reference Check for a Chef in Japan: Consent Form and Fallbacks

A Japanese restaurant will often refuse a reference call, and that is usually the law working as intended, not evasion. Japan's privacy law generally requires the chef's prior consent before a former employer can share their data with you, and a separate rule applies because you are abroad. Below is a copy-paste bilingual consent form, what a 2026 amendment actually changes, and a ranked fallback for when a reference is refused anyway.

1. Why references from Japan need a different approach

• Consent comes first. A Japanese employer holding the chef's records generally cannot share them with you without the chef's prior consent.
• You are a "third party in a foreign country". The Act on the Protection of Personal Information (APPI, 個人情報保護法) has a separate rule for this, with information the chef must receive before consenting.
• Language. The person who knows the chef's work best is usually the head chef, who may not speak English. Plan for a Japanese questionnaire or an interpreter.
• Timing. The chef may not have told their current employer they are leaving. Confirm with the chef before contacting anyone, and only contact a current employer with explicit agreement.

2. What Japan's privacy law requires

Third-party provision: prior consent

APPI Article 27(1) says a business handling personal information must not provide personal data to a third party without the person's prior consent, except in listed cases. The Personal Information Protection Commission (PPC) describes prior consent as the general rule.

Provision to a third party abroad

Article 28 adds a rule for third parties in a foreign country. Before the Japanese business provides personal data to you, the chef must consent specifically to provision to a third party abroad, and must be given, before consenting:

1. the name of the foreign country;
2. information on that country's system for protecting personal information, obtained by an appropriate and reasonable method;
3. information on the measures you, the recipient, take to protect personal information.

Countries the PPC recognises as having an equivalent level of protection are excluded from this extra rule; its FAQ lists the EU member states and the UK (as of September 2021), where the ordinary Article 27 consent still applies. For everywhere else, section 4 below gives short country blurbs you can paste into the consent form to cover point 2.

3. What the 2026 amendment changes, and what it does not

An amendment to the APPI was promulgated on 17 July 2026, after passing the Diet on 10 July 2026. According to the PPC, it introduces an administrative surcharge (課徴金) system for specific violations, including unlawful third-party provision, on top of existing criminal penalties. Based on the PPC's own materials, it does not rewrite the Article 27 or Article 28 consent rules described above; those stay as they are.

Commencement: "the amended law, with certain exceptions, takes effect on a date set by Cabinet Order within two years of promulgation" (PPC). As of September 2026 no such order has been issued for the consent-related provisions, and implementing rules and guidelines are still being drafted. So the rules in sections 2 and 4 are the ones in force now; the amendment raises the penalty for getting them wrong, rather than changing what compliance looks like. Check the PPC site before relying on this if you are reading it after 2026.

4. A consent form you can copy

Country blurbs for the "country information" row, to paste in directly (general description only, not legal advice; confirm current status before use):

Keep the whole form to one page. A Japanese employer receiving a clear, bilingual consent that names them by name is more likely to help than one receiving an unexplained email.

5. Who to call and what to ask

The best referee is the chef's direct superior: the 料理長 (head chef) or the owner-chef. HR in a larger group may only confirm dates and title.

1. What position and section did they work, and for how long?
2. What were they trusted to do without supervision?
3. How did they handle a busy service, or a mistake?
4. How did they work with junior cooks?
5. Would you hire them again? (また一緒に働きたいと思いますか。)

Send questions in advance, in Japanese, and accept written answers; a head chef mid-prep is more likely to answer a short questionnaire than a call from abroad. For scheduling across time zones, see remote interviews and time zones.

6. If the reference is refused anyway

Many Japanese restaurant employers decline reference requests even with valid consent, simply as house policy. Work down this list, roughly in order of how much it actually tells you about the chef:

1. A paid trial shift or paid trial service, if the chef is reachable in person or on a working holiday visa: shows real technique and pace, not just a stated one. It proves current ability, not past conduct.
2. A remote skills test: a task brief and rubric the chef completes on video. See skills tests for remote hiring. Proves technique; says nothing about reliability or teamwork.
3. A 退職証明書 (certificate of leaving) under Labour Standards Act Article 22: the chef can request one confirming dates, type of work, position and, if asked for, reason for leaving; the employer must issue it without delay. See section 7. Proves the basic facts on the rirekisho; proves nothing about quality of work.
4. A referee the chef nominates themselves, such as a supplier, a training school, or a colleague who has since left the same kitchen: easier to reach and often more candid, but weight it knowing the chef chose them.

None of these fully replaces a direct reference from a superior, but together they cover technique, basic facts and a second opinion, which is usually enough to make a hiring decision responsibly.

7. Documents that do the same job

Under Labour Standards Act Article 22, when a worker leaves and asks for a certificate covering the period of employment, type of work, position, wages or reason for leaving, the employer must issue it without delay, and the certificate must not include anything the worker did not ask for. The same article prohibits employers from colluding with third parties to obstruct a worker's employment.

Many visa files need one anyway; see employment certificates in English for visa files.

8. Checklist

• Has the chef agreed which referees you may contact, and not to contact the current employer without permission?
• Do you have signed, bilingual consent naming your company and country, using the form in section 4?
• Does the consent include the country blurb from section 4 (unless the recipient is in the EU or UK)?
• Are questions sent in Japanese, with written answers accepted?
• If refused, have you worked through the fallback order in section 6 rather than giving up after one call?
• Do you know how long you will keep the answers, and who will see them, under your own country's privacy law?

General information, not legal advice. Privacy law in Japan and in your own country may both apply to a reference check. Take advice from a qualified lawyer before building a reference process.