Construction Sector 

1) Employment Status and Types of Work

「Technical Internship」

The Technical Internship program is designed to provide aspiring individuals from developing countries with the opportunity to gain skills and knowledge in Japan, which they can later use to contribute to the economic development of their home countries. This program primarily aims to support foreign nationals who have acquired skills, knowledge, and technology in Japan, enabling them to play a pivotal role in their home country's economic progress. Consequently, hiring foreign workers exclusively for manual labor to address labor shortages is not allowed under this program.

Acceptable occupations under the Technical Internship program include roles in construction carpentry, scaffolding, rebar installation, plastering, tiling, plumbing, and sash installation.

For more detailed information about the Technical Internship program, please refer to this [link](insert link here).

「Status of Residence Based on Status」

Japan offers several categories of residence statuses, including "permanent resident," "spouse or child of a Japanese national," "permanent resident," and "spouse or child of a permanent resident." These residence statuses have an unlimited validity period and do not impose specific restrictions on activities within Japan. If an individual holds any of these residence statuses, it is possible to employ foreign workers in various roles, including manual labor.

「Activities other than those permitted under the status of residence」

Activities outside the scope of the aforementioned residence statuses are applicable to foreign nationals who have come to Japan for purposes other than employment. This category includes foreign students and individuals with statuses of residence such as "Family Visitor." In these cases, individuals are limited to working up to 28 hours per week, often in part-time roles. However, employment for manual labor purposes is still permissible.

「Specified Skills」

The "Specified Technical Skills" system, initiated in April 2019, introduced a new residence status category. This category aims to facilitate the entry of foreign nationals with specific expertise and skills in industries experiencing challenges in securing domestic labor resources. There are two subcategories of "Specified Technical Skills": No. 1 and No. 2. No. 1 allows a maximum stay of five years, while No. 2 permits an unlimited stay. To qualify for the "specified skills" category, applicants must pass both the "Japanese language test" and the "evaluation test for specified skills No. 1 in the construction field" or have a minimum of three years of work experience in the Japanese construction industry.

Work opportunities are available in both the general construction industry and related fields.

For comprehensive information on "specified skills," please visit this [link](insert link here).

「Engineering/Specialist in Humanities/ International Relations 」

The "Engineering/Specialist in Humanities/ International Relations " status of residence is available to foreign nationals with a university degree or relevant work experience who wish to work for a Japanese company. To qualify, work must involve specialized knowledge, skills, and expertise, with a focus on having a background related to the intended job. Alternatively, individuals should have at least 10 years of relevant work experience.

This status of residence permits individuals to engage in technical roles such as construction management or drafting. However, it is not applicable to manual labor positions.

For detailed information on "Engineering/Specialist in Humanities/ International Relations ," please visit this [link](insert link here).

2)Points to Keep in Mind When Seeking Employment in Japan

When considering seeking employment in Japan, especially in roles related to construction, it's essential to keep the following points in mind:

・Confirmation of Status of Residence

Before accepting an employment offer in Japan, it is crucial to request and verify your resident card to confirm your status of residence. Accepting employment without proper authorization can result in legal consequences, including charges related to "encouraging illegal employment."

・Submission of "Notification of Employment Status of Foreign Nationals"

The "Notification of Employment Status of Foreign Nationals" serves to track the employment status of foreign workers and promote proper employment management within this demographic. All employers must submit this notification when hiring or parting ways with foreign workers. The specific procedures vary based on whether the foreign national is covered by employment insurance.

◎For foreign nationals insured by employment insurance

The "Notification of Acquisition of Employment Insurance Insured Status" must be submitted after providing information on "Nationality/Region" and "Status of Residence." This notification should be sent to the appropriate Hello Work office overseeing the place of business with employment insurance coverage. Alternatively, it is possible to submit this notification electronically through the "e-Gov" platform.

◎For foreign nationals not insured by employment insurance

A "Notification of Employment Status of Foreign Nationals" should be submitted to the Hello Work office responsible for the location where the foreign national is employed. This notification is also required when a foreigner leaves the company. The notification deadline is the last day of the following month for both hiring and termination. Forms are available at Hello Work offices and can also be downloaded from the Ministry of Health, Labor, and Welfare website.

For additional information on the "Notification of Employment Status of Foreign Nationals," please refer to the pamphlet issued by the Ministry of Health, Labor, and Welfare, titled "Follow the rules and regulations when employing foreign nationals."

・Notification of Entry of Foreign Workers to Work Site

The "Notification of Entry to Construction Site for Foreign Nationals" is a crucial document for managing foreign nationals working at construction sites. When hiring a foreign national who has completed technical internship training, the primary subcontractor company is required to submit this form to the main contractor. This notification is essential for granting access to the construction site.

・On-Site Education

Providing safety and health education to foreign workers is essential to prevent industrial accidents. The same laws and regulations governing occupational safety and health apply to foreign workers as they do to Japanese workers. It's also vital to consider the cultural differences and language barriers that foreign workers may face. Cultural diversity training and communication skills are important for both foreign and Japanese workers.

For more information on potential challenges and how to address them when seeking employment in Japan, especially in the construction industry, please refer to this [page](insert link here).

3) Process for Accepting Foreign Workers

To successfully secure employment in Japan, especially in roles related to construction, you should follow these steps:

〈In the case of Specified Technical Skill No. 1:〉

Obtain a license under Article 3 of the Construction Industry Law (from the Regional Development Bureau or the local government).

The company employing the foreign national must obtain a license under Article 3 of the Construction Industry Act. Specifically, the construction industry permit number must be indicated in the plan for accepting specified skills for construction, and the company must submit a notification of the construction industry permit within the validity period. A copy of the construction industry permit notification (permit notice or permit certificate) within the validity period is required.

Indirect or direct membership in JAC

To employ a foreign national with specified skills, a construction company must join one of the regular member organizations of the Japan Association for Construction Workers (JAC), which is a corporation that implements the business of accepting foreign nationals with specified skills. JAC is an organization established in April 2019 to ensure the appropriate and smooth acceptance of foreign human resources in Japan's construction sector, which is facing a serious shortage of human resources. For information on how to become a member, please read this page.

Registration with the Construction Career Advancement System

The Construction Career Advancement System registers each skilled worker's employment performance and qualifications. This system aims to fairly evaluate the skills of each skilled worker, improve the quality of construction work, and enhance on-site work efficiency. Registration of the host company and foreign nationals with specific skills (No. 1) with the Construction Career Advancement System is one of the requirements for the certification of the plan for accepting specific construction skills. For more information on the registration process, please refer to the website of the Fund for Emerging Construction Industries, which operates the system.

Explanation of Important Matters Concerning the Specified Technical Skill Employment Contract

The company employing the foreign national must ensure that the foreign national fully understands the terms of their employment contract, including remuneration and job details. The company must provide an explanation to the foreign national in a language they can fully understand, covering crucial aspects of the employment contract. The Ministry of Land, Infrastructure, Transport, and Tourism (MLIT) offers a reference example of a preliminary explanation of important matters pertaining to an employment contract in 10 languages. This document can be found on the MLIT's website and should be used when explaining employment terms to non-Japanese workers. You can access it here.

Conclusion of a Specified Skill Employment Contract

The specified skill employment contract should include stable remuneration terms compared to those offered to Japanese skilled workers with equivalent experience. Stable remuneration is essential to ensure fair compensation for foreign nationals with specified skills in the construction field. The employment contract should not fluctuate based on workload, and the "monthly salary system" should be adopted. The monthly remuneration should be stable and agreed upon with the foreign national, even if other employees of the host company are not paid on a monthly basis. The term "monthly salary system" refers to the foreigner being paid a monthly salary. The "monthly salary system" includes the sum of the basic salary, monthly fixed allowances, and overtime pay.

Salary increases must be determined in advance based on the worker's skill level, and the expected amount of salary increase should be specified in the specified skilled employment contract and acceptance plan. Additionally, bonuses, allowances, and retirement benefits must be provided on the same basis as those offered to Japanese nationals.

Application for Certification of the Plan for Acceptance of Specified Construction Skills (Online Application)

The host company should prepare a plan for accepting specified construction skills and apply for certification from the Minister of Land, Infrastructure, Transport, and Tourism. This applies to both hiring a foreigner who has passed the test and hiring a foreigner who is exempt from the test. Certification should be sought when concluding a new Specified Skills Employment Contract, and the foreign national must obtain certification from the Minister of Land, Infrastructure, Transport, and Tourism. The application can be submitted six months prior to the expiration date of the foreign national's current status of residence (or the scheduled date of entry into Japan). The Regional Development Bureau, among others, is responsible for reviewing the plan for accepting specified construction skills. Depending on the region, the examination process may take 3 to 4 months. The construction plan is based on specific criteria.

Preparation of a Support Plan for a Foreigner with Special Skills (No. 1)

The host company must prepare a support plan to ensure foreign nationals with special skills can carry out their activities smoothly and stably. The host company is required to support the foreign national in their professional, daily, or social life, ensuring stability and smoothness in their activities. To fulfill this obligation, the host company should create a "Support Plan for Foreign Nationals with Special Skills (Type 1)" and ensure that the foreign nationals meet various standards. This support plan is a requirement when applying for a change of status of residence or a certificate of eligibility. For more information on the support that host companies must provide, please visit here.

Application for Permission for Change of Status of Residence or Application for Issuance of a Certificate of Eligibility (Over-the-counter or Online Application, Regional Immigration Bureaus)

When employing a foreigner residing in Japan, an application for permission for a change of status of residence should be submitted. This can be done two months prior to the expiration date of the current status of residence. If employing a foreigner coming to Japan from overseas, an application for the issuance of a certificate of eligibility should be submitted three months prior to the scheduled date of entry into Japan. The regional immigration bureaus handle these processes.

Admission of Foreign Nationals

Receiving companies must submit an "Acceptance Report" (online application) to the Minister of Land, Infrastructure, Transport, and Tourism within one month of accepting a foreign national, in principle.

Attendance at a Post-Acceptance Course or Training

After the foreign national's acceptance, as designated by the Minister of Land, Infrastructure, Transport, and Tourism, if the foreign national does not take this course, they must do so within six months of their acceptance date. Failing to complete this training course will result in non-compliance with the requirements for certification of the plan for accepting specified construction skills. The training is conducted by FITS (International Organization for the Promotion of Construction Skills), which is a suitable labor management organization. FITS will inform the host company of the date, time, and location of the training course. However, the obligation to attend this training course is exempted in cases where (1) JAC provided an equivalent post-acceptance training course to the foreign national before their arrival in Japan, or (2) the recipient company received prior guidance from FITS before the approval of the plan for accepting specified construction skills.

For technical training:

Preparation

Organizations intending to become specified supervisory organizations must make necessary preparations, such as amending the articles of incorporation (to include the "business of accepting foreign construction workers"), changing the notification of the free employment placement business, and concluding agreements with sending organizations.

Apply for Accreditation as a Specified Supervisory Body

A supervisory organization that intends to become a specified supervisory organization can apply to the Minister of Land, Infrastructure, Transport, and Tourism for approval. A "good supervisory organization" refers to a supervisory organization capable of performing general supervisory services. Only supervisory organizations that have not violated any laws and regulations and meet specific requirements related to the consultation system can become "good supervisory organizations."

Application for Certification of Proper Supervision Plan

Persons intending to become accepting construction companies should jointly formulate a plan for properly supervising foreign construction workers (referred to as the "proper supervision plan") with a specified supervisory organization approved in step 4 (2). Certification of the plan should be sought jointly with the specified supervisory organization.

Application for Certificate of Eligibility and Other Procedures (Regional Immigration Bureaus)

Application should be made to the regional immigration bureaus for a certificate of eligibility and other procedures related to the entry of foreign construction workers into Japan. The time required from application to visa acquisition varies depending on factors such as the type of application. It can take about 1 to 3 months for certification, 2 weeks to 2 months for change and renewal, and may be longer depending on the workload at the immigration office. The application form can be downloaded from the Immigration and Residence Management Agency's website. Additional requirements apply, so please refer to their website for details.

For technical, humanities, and international work:

Recruitment

Once a sufficient number of candidates have been recruited, document screening and interviews are conducted similarly to the process for hiring Japanese nationals. Checking the status of residence is crucial to avoid aiding and abetting illegal employment, so be sure to verify the status of residence by checking the applicant's passport and resident card.

Selection and Hiring

Upon offering a job, a labor contract should be signed. To prevent issues after employment, it's advisable to have the employment contract written in a language that the foreign national can understand. The Ministry of Health, Labor, and Welfare (MHLW) provides a "Model Labor Contract for Foreign Workers" in eight languages, including English, Chinese, and Vietnamese. This model contract is intended to facilitate understanding of employment terms. The MHLW also offers a "Model Working Conditions Notice for Foreign Workers" in the same languages, which provides additional information on working conditions. You can find these resources on the MHLW's website.

Application for Status of Residence

To obtain a status of residence, an application must be submitted to the Immigration and Residence Management Agency along with the necessary documents. This application can be submitted after the company and the foreign national have concluded an employment contract. The application can be submitted by the applicant, the employing company or organization, or an administrative scrivener. There are three types of applications: "Certification," "Amendment," and "Renewal." The time required from application to visa acquisition varies, typically taking about 1 to 3 months for certification, and 2 weeks to 2 months for change and renewal, with actual times depending on the workload at the immigration office. The application form can be downloaded from the Immigration and Residence Management Agency's website, but additional requirements must be met, so please refer to their website for full details.

Reporting Employment Status of Foreign Nationals to Hello Work

From a legal standpoint and to prevent illegal employment, it is essential to report the employment status of foreign nationals to Hello Work. This report should include the foreign national's name, status of residence, and other relevant details. A similar notification should be made to Hello Work when a foreign national leaves the company or employment. In cases where a foreign national is insured by employment insurance, the "Notification of Acquisition of Employment Insurance Insured Status" must be submitted to Hello Work. The specific requirements and procedures for notification may vary, so it's crucial to ensure compliance with Hello Work regulations. Failure to report changes in employment status can lead to legal consequences.

Please refer to the following page for more information on the employment regulations for foreign workers. You can find a helpful pamphlet on the Rules for Employment of Foreign Nationals here.

Frequently Asked Questions

Are there specific procedures for the construction industry? There are no procedures specific to the construction industry. As explained earlier, in the case of "technical, humanities, and international services," the processes are not industry-specific. General on-site work and simple tasks are not allowed under these statuses. However, as explained earlier, in the case of "technical, humanities, and international service," general on-site work and simple tasks are not allowed. Therefore, you may be asked to give an explanation about the nature of your work and the company's situation. If you have any questions or concerns, please feel free to contact us. You can reach us at info@visaoffice.jp.