Q&A
06. Application for certification of the Construction Specified Skills Acceptance Plan

If you would like to know the overall process for accepting Specified Skilled Worker (i), please check out the Foreign National Acceptance Manual: What you need to know! What accepting companies should do.

The "Construction Specified Skills Acceptance Plan" will be submitted to the Minister of Land, Infrastructure, Transport and Tourism for certification online.
For the necessary procedures and online application methods and forms for acceptance plans, please visit the Ministry of Land, Infrastructure, Transport and Tourism website.Application guide, forms, and system operation instructions [Specified Skills System (Construction sector)]or Guides for various plans Please check.

Accepting companies must prepare a construction Specified Skills acceptance plan and, in principle, submit an application for certification to the Minister of Land, Infrastructure, Transport and Tourism online. Whether hiring a foreign national who has passed the test or a foreign national who is exempt from the test, companies must be certified by the Minister of Land, Infrastructure, Transport and Tourism when entering into a new Specified Skills employment contract.

You will need to log in to the Foreign Workers Management System and apply online.

The review and certification of construction Specified Skills acceptance plans will be carried out by each Regional Development Bureau of the Ministry of Land, Infrastructure, Transport and Tourism.

○ Where to apply for certification: Foreigner Employment Management System

The Construction Specified Skills Acceptance Plan is as follows:

(1) Maintaining a fair competitive environment by not allowing companies with poor working conditions, such as those employing workers at low wages or without social insurance, to enter the construction market;

(2) The purpose of this Act is to ensure that matters deemed necessary for the construction industry in accepting Specified Skilled Worker (i), such as preventing the disappearance and illegal employment of foreign skilled workers in the construction industry by providing treatment that is acceptable to both employers and employees, are certified by the Minister of Land, Infrastructure, Transport and Tourism and continuously verified by the Minister of Land, Infrastructure, Transport and Tourism.

The Ministry of Land, Infrastructure, Transport and Tourism has set the following main certification criteria for the Construction Specified Skills Acceptance Plan: ① to ⑦.

① The receiving company must be licensed under Article 3 of the Construction Business Law.

②Registration of accepting companies and Specified Skilled Worker (i) in Construction Career Up System

③ Joining JAC and complying with the code of conduct established by JAC

④ The remuneration of specified skilled workers is equal to or greater than that of Japanese nationals with equivalent skills, stable wage payments (monthly salary system), and salary increases according to skill proficiency, etc.

⑤ Important contractual matters such as wages will be explained in advance in writing (in a language that foreigners can fully understand)

⑥ After acceptance, Specified Skilled Worker (i) will be required to take courses and training designated by the Minister of Land, Infrastructure, Transport and Tourism.

⑦ Accepting on-site guidance by the government or an appropriate Foundation for International Transfer of Skills and Knowledge in Construction supervision organization (FITS, a foundation) regarding the proper implementation of the acceptance plan

If you are currently hiring individuals residing in Japan who are expected to successfully complete Technical Intern Training (ii), you can apply for certification of the Construction Specified Skills Acceptance Plan six months prior to the expiration date of their "Technical Intern Training" status of residence, so we recommend that you plan your preparations accordingly.

For companies that only undertake minor construction work, obtaining a license under Article 3 of the Construction Business Law is optional. However, when accepting specified skilled workers in the construction field, even specified skilled workers only undertake minor construction work are required to obtain a license under Article 3 of the Construction Business Law, based on Article 3, Paragraph 3, Item 1 (i) of the "Matter to Establish Standards by Public Notice by the Head of the Specified Skills Administrative Agency in Charge of the Construction Field, in Consideration of the Specific Circumstances in the Construction Field, Based on the Provisions of the Ministerial Ordinance Prescribing the Standards of Article 7, Paragraph 1, Item 2 of the Immigration Control and Refugee Recognition Act and the Ministerial Ordinance Prescribing the Standards of Specific Skilled Employment Contracts and the Support Plan for Specified Skilled Foreign Nationals of Item 1".

The type of construction business license does not matter, so it does not matter if the type of construction business license and the job title of the specified skilled workers do not match. Therefore, if you have a construction business license of some kind, you do not need to obtain a construction business license of the same type as the Specified Skills worker.

Companies that employ foreign nationals must complete business registration before submitting their acceptance plans to the Ministry of Land, Infrastructure, Transport and Tourism for certification.

Regarding the registration of foreign skilled workers, those who wish to become specified skilled workers must submit a copy of their Construction Career Up Card to the Ministry of Land, Infrastructure, Transport and Tourism along with a report of their acceptance (i) if they are residing in Japan, at the time of application for certification, or (ii) if they are residing overseas, within one month of entering Japan in principle.

The expected remuneration amount must be set appropriately, comparing it with the remuneration paid to Japanese skilled workers with the same skills as specified skilled workers. In addition, since specified skilled workers already have a certain level of experience or skills, the remuneration must be higher than that of technical intern trainees in category 2, and if the same company employs foreign construction workers, the remuneration must be equal to or higher than that of the foreign construction workers. Please note that even if the above criteria are met, if the remuneration is deemed to be lower than the wage level of the same or similar job type in the area where the business establishment is located and nationwide, the expected remuneration amount may be re-set.

A monthly salary system means that remuneration is paid in an amount calculated on a monthly basis (the sum of basic salary, allowances paid on a fixed basis each month, and overtime pay). A daily wage system where remuneration changes each month depending on the number of days worked is not permitted.

Please set the remuneration appropriately by referring to Japanese workers in the same occupation as specified skilled workers. Please note that even if the Japanese worker you refer to is in the same occupation, if the Japanese worker is a pensioner or has been rehired after retirement and there is a large difference in the years of experience, you cannot use it as a reference. In that case, please refer to the average wage of construction skilled workers in the surrounding area and the design labor unit price, and set the remuneration appropriately based on the amount that should be paid to someone with about 3 or 5 years of experience based on the work rules and wage regulations.

To find out the average wage of skilled construction workers in the surrounding area, select the "D Construction Industry" sheet for the relevant prefecture from the Excel spreadsheet for each prefecture listed in the "Basic Survey on Wage Level Structure" below, and use the wage levels of those with similar years of experience as a reference.

〇Basic Survey on Wage Structure 2022

For more information, please see the Ministry of Land, Infrastructure, Transport and Tourism website for information on Japanese skilled workers with equivalent skills.​

In the construction industry, Specified Skills system requires pay raises based on skill proficiency, according to Article 3, Paragraph 3, Item 2 of the public notice (Ministry of Land, Infrastructure, Transport and Tourism Public Notice No. 357 of 2019). Please clearly state the expected amount of pay raise and the conditions for pay raises (e.g., years of work experience, when qualifications/skill tests are obtained, when the level of Construction Career Up System is increased, etc.) in the acceptance plan.

Since the certification review examines whether or not you will receive a stable salary, we ask that you state the specific amount of your salary. Please state the minimum amount of your salary increase, such as "XX yen or more."

In the construction industry, Specified Skills System requires stable payment of remuneration according to Article 3, Paragraph 3, Item 2 of the public notice (Ministry of Land, Infrastructure, Transport and Tourism Public Notice No. 357 of 2019). In order for the Ministry of Land, Infrastructure, Transport and Tourism to steadily grasp whether remuneration is being paid stably, we ask that payment be made by bank transfer. If payment is made by bank transfer, please be sure to conclude an employment terms document with the confirmation and consent of the worker (specified skilled workers).If consent is not obtained, the construction Specified Skills acceptance plan cannot be certified.

It is mandatory to attach a job posting from Hello Work. In the construction industry, the Employment Security Law prohibits paid job introductions for construction workers, so paid job introductions through job magazines and job sites are illegal and cannot be substituted.

The following four conditions must be met:

・The job offer must be in the same category as specified skilled workers

・The job offer offers the same treatment and benefits as specified skilled workers

・The job offer must be posted within one year from the date of application for the Construction Specified Skills Acceptance Plan

・It is not a so-called vacant job offer (such as a job offer that is withdrawn immediately after being posted).

Specified Skills System allows the acceptance of foreign human resources only when it is deemed necessary because it is difficult to secure human resources even after efforts to improve productivity and secure domestic human resources. Since an important point in the examination is whether or not a reasonable effort is being made to secure human resources domestically, even in the case of transition from technical intern training, it is mandatory to submit a job advertisement or similar document from when the job was advertised at Hello Work. In addition, since paid job introductions are prohibited in the construction industry, it is not permitted to attach a document stating that the job was advertised on a job/career change site.

The top page of the Foreign Work Management System has the following note: "When applying for provisional registration, please register the email address that the accepting company normally uses. If you use a free email address, we will not be able to respond to emails that do not arrive. Please note that you cannot use carrier email addresses." Please check that the above does not apply to the registered email address.

A free email address is an email service that can be used for free. It is offered by Gmail, Outlook, Yahoo! Mail, iCloud Mail, AOL Mail, etc. Depending on the service, it may be possible to set up an approved receiving list. Please contact the respective service provider for information on the status of individual services.