Ordinance for Enforcement of the Labor Standards Act

When an employer makes an agreement under the proviso of paragraph (2) of Article 34 of the Act, the employer shall agree on the scope of workers whom the employer do not provide simultaneous rest periods and to the method of providing rest periods to the said workers.

The provisions of the preceding paragraph shall apply mutatis mutandis to a resolution of a labor-management committee or resolution of a committee on the improvement of working time arrangements

The notification under the provisions of Article 36, paragraph (1) of the Act must be made to the Director of the Labor Standards Office Concerned using Form No. 9 (or, in the case where provisions are established concerning the matters prescribed in paragraph (5) of that Article, Form No. 9-2).

Notwithstanding the provisions of the preceding paragraph, the notification under the provisions of Article 36, paragraph (1) of the Act with regard to the work prescribed in paragraph (11) of that Article must be made to the Director of the Labor Standards Office Concerned using Form No. 9-3.

When an employer intends to renew an agreement under Article 36, paragraph (1) of the Act (including a resolution by a labor-management committee and a resolution by a committee on the improvement of working time arrangements; the same applies hereinafter in this paragraph), the employer may, by notifying the Director of the Labor Standards Office Concerned of an agreement to that effect, substitute that for the notification under the preceding two paragraphs.

The matters specified by Order of the Ministry of Health, Labour and Welfare referred to in Article 36, paragraph (2), item (v) of the Act are to be the following; provided, however, that this does not apply to the matters in items (iv) through (vii) in the case where the agreement under paragraph (1) of that Article does not establish provisions concerning the matters prescribed in paragraph (5) of that Article.

Provisions on the validity period of the agreement under Article 36, paragraph (1) of the Act (excluding the case where it is made by a collective agreement)

The starting date of the one year referred to in Article 36, paragraph (2), item (iv) of the Act

That the requirements prescribed in Article 36, paragraph (6), items (ii) and (iii) of the Act are satisfied.

The cases where workers may be made to work in excess of the off-hours maximum referred to in Article 36, paragraph (3) of the Act (hereinafter referred to as the "off-hours maximum" in this paragraph)

Measures to ensure the health and welfare of workers who are made to work in excess of the off-hours maximum

The rate of premium wages for work in excess of the off-hours maximum

The procedures in the case where workers are made to work in excess of the off-hours maximum

An employer must preserve records concerning the status of implementation of the measures set forth in item (v) of the preceding paragraph during the validity period referred to in item (i) of that paragraph and for five years after the expiration of that validity period.

The provisions of the preceding paragraph apply mutatis mutandis to a resolution by a labor-management committee and a resolution by a committee on the improvement of working time arrangements.

The work especially harmful to health specified by Order of the Ministry of Health, Labour and Welfare referred to in Article 36, paragraph (6), item (i) of the Act is to be the following.

Work for which workers handle a large quantity of intensely heated materials and work at an extremely hot place

Work for which workers handle a large quantity of cold materials, and work in an extremely cold place

Work for in which workers are exposed to radium radioactive rays, X-rays, or some other injurious radioactive rays

Work in a place where dust or powder such as that from earth, rocks, fur are extensively scattered

Work under unusual atmospheric pressure

Work for which workers receive an extreme vibration by operating a rock drill, rivetter and the like

Extremely hard work such as those for which workers handle heavy materials

Work in an extremely noisy place such as boiler-manufacturing

Work in a place where particulate, vapor or gas of lead, mercury, chrome, arsenic, phosphorus, fluorine, chlorine, hydrochloric acid, nitric acid, sulphur dioxide, sulphuric acid, carbon monoxide, carbon disulphide, hydrocyanic, benzene, aniline, or other equivalent injurious material is generated

Work designated by the Minister of Health, Labour and Welfare other than those listed in the preceding items

The amount of wages for standard working hours or days under the provisions of paragraph (1) of Article 37 of the Act shall be calculated by multiplying the amount fixed in any of the following items by the number of overtime hours pursuant to the provisions of Article 33 or paragraph (1) of Article 36 of the Act, that of working hours on rest days, or that of working hours between 10 p.m. and 5 a.m. (or between 11 p.m. and 6 a.m., in case when the Minister of Health, Labour and Welfare recognize the necessary of the application of those hours at a certain areas or time of year):

When wages are determined on an hourly basis, they shall be the total amount of hourly wages

When wages are determined on a daily basis, they shall be obtained by dividing the amount of daily wages by the number of the prescribed working hours in a day (if the number of prescribed working hours varies daily, it is the average prescribed daily working hours for a week)

When wages are determined on a weekly basis, they shall be obtained by dividing the amount of weekly wages by the number of the prescribed working hours in a week (if the number of prescribed working hours varies weekly, it is the average prescribed weekly working hours for four weeks)

When wages are determined on a monthly basis, they shall be obtained by dividing the amount of monthly wages by the number of the prescribed working hours in a month (if the number of prescribed working hours varies monthly, it is the average prescribed monthly working hours for a year)

When wages are determined in accordance with a certain period other than a month or a week, they shall be the amount calculated in the same manner as each of the preceding items

When wages are determined at piece rates or on some other contract basis, they shall be obtained by dividing the total amount of wages calculated based on said piece rates or other contract basis during the period subject to the wage calculation(if the closing day for wage calculation is fixed, this means the period up to the closing day; hereinafter the same shall apply) by the total number of working hours during the period subject to the wage calculation

When wages consist of two or more conditions referred to in the preceding items, they shall be the total amounts of each part calculated according to the items concerned

Those wages such as holiday allowances or some other equivalents which fall under none of the preceding items shall be deemed as those determined on a monthly basis in case of the calculation in any of the items of preceding paragraph.

In the case where an employer concludes an agreement under Article 37, paragraph (3) of the Act (including a resolution by a labor-management committee, a resolution by the committee on the improvement of working time arrangements and a resolution by an enterprise committee on the improvement of working time arrangements prescribed in Article 7-2 of the Improvement of Working Time Arrangements Act), the employer must reach agreement on the following matters.

Method of calculating the number of hours to be given as leave set forth in paragraph (3) of Article 37 of the Act (hereinafter referred to as "substitute leave")

Unit of substitute leave (The unit shall be a day or half day; if substitute leave can be given together with any other leave with the payment of wages for ordinary working hours, the unit of a day or half day shall include such leave)

The period where substitute leave can be given (within two months from the day following the last day of the month in which the working hours extended under Article 33 or paragraph (1) of Article 36 of the Act exceed 60 hours of that month)

The calculation of the number of hours in item (i) of the preceding paragraph shall be made by multiplying the number of working hours extended beyond 60 hours per month in accordance with Article 33 or paragraph (1) of Article 36 of the Act by the difference between the rate of premium wages payable for such extended working hours under the proviso of paragraph (1) of Article 37 of the Act in case the worker does not take substitute leave, and the rate of premium wages payable for the extended working hours under the main clause of the same paragraph in case the worker does take substitute leave (hereinafter referred to as the "conversion rate" in the following paragraph).

The number of hours prescribed by the Ordinance of the Ministry of Health, Labour and Welfare referred in paragraph (3) of Article 37 of the Act shall be obtained by dividing the number of hours of substitute leave by the conversion rate.

When working hours extended under the provisions of Article 33 or paragraph (1) of Article 36 of the Act fall between 10 p.m. and 5 a.m. (or the period between 11 p.m. and 6 a.m. in case when the Minister of Health, Labour and Welfare recognize the necessary of the application of those hours at a certain areas or time of year ), the employer shall pay premium wages for the work during such hours at a rate no lower than 50 percent (or 75 percent or more for work extended beyond 60 hours in the month) over the amount calculated by multiplying the amount stipulated in items of paragraph (1) of Article 19 by the number of working hours.

When working hours on days off under the provisions of Article 33 or paragraph (1) of Article 36 of the Act fall between 10 p.m. and 5 a.m. on a rest day (or the period between 11 p.m. and 6 a.m. in case when the Minister of Health, Labour and Welfare recognize the necessaryof the application of those hours at a certain areas or time of year), the employer shall pay premium wages for work during such hours at a rate no lower than 60 percent over the amount calculated by multiplying the amount stipulated in items of paragraph (1) of the preceding Article by the number of working hours.

Pursuant to the provisions of paragraph (5) of Article 37 of the Act, family allowances, commutation allowances, and the elements of wages listed in the following items shall not be included in the wage calculation basis for premium wages set forth in paragraphs (1) and (4) of the same Article:

Separate living allowance

Child education allowance

Housing allowance

Special wages

Wages paid at regular intervals of a period exceeding one month