Opinion Concerning the Draft (Ministerial) Notification Regarding Operation for Acceptance of Foreign Construction Workers
July 24, 2014
Japan Federation of Bar Associations
The Japan Federation of Bar Associations (“JFBA”) has prepared its “Opinion Concerning the Draft (Ministerial) Notification Regarding Operation for Acceptance of Foreign Construction Workers”and submitted it to the Management Office for Procurement of Labor Resources, Construction Market Division, Land Economy and Construction and Engineering Industry Bureau, at the Ministry of Land, Infrastructure, Transport and Tourism (“MLIT”) dated July 25, 2014, to provide its opinion in response to the seeking of public comments by the above Office of the MLIT.
Summary
- As regards the acceptance of foreign construction workers as a temporary measure, the JFBA is opposed to any operations based on the retention of the Technical Intern Training Program for Foreigners.
- Though the fact that the proposed system allows foreign workers to change their place of work should be positively evaluated, the system should be operated in such a way that it makes practically possible for foreign workers to change their workplace through the introduction of measures including, providing information at public job placement offices regarding construction companies which may accept such foreign workers.
- With reference to the prohibition on collecting a bond or guarantee money stipulated in No. 5-2 (6) of the draft Notification, the government should ensure the effectiveness of such prohibition by way of concluding bilateral accords between Japan and those countries which provide such foreign workers, and such accords should specifically set forth that the collection of a bond or guarantee money shall be banned and that the government of the country which provides the workers shall bear the responsibility for the dispatching process of such workers.
