Ordinance for Enforcement of the Labor Standards Act

The Ordinance for Enforcement of the Labor Standards Act is established as follows.

①Wages to be included in the total amount of wages provided in the provisions of paragraph (5) of Article 12 of the Labor Standards Act (Act No. 49 of 1947; hereinafter referred to as "the Act")are those to be paid other than in currency under the provisions of laws and regulations or collective agreement as permitted under the proviso in paragraph (1) of Article 24 of the Act.

②The estimated value of wages paid other than in currency as set forth in the preceding paragraph must be prescribed in the collective agreement unless otherwise provided by laws and regulations.

③When the estimated value prescribed in the collective agreement referred to in the provisions of the preceding paragraph is judged inappropriate, or the estimated value is not set forth in laws and regulations or collective agreement, the directors of the Prefectural Labor Offices may fix the estimated value of those other than currency.

When some grounds for calculation of a worker's average wages occurs in this worker's probationary period, the number of days and the wages during the period shall be respectively included in the period and the wages designated in the provisions of paragraphs (1) and (2) of Article 12 of the Act notwithstanding the provisions of paragraph (3) of the said Article.

In the event that the periods stipulated in items (i) to (iv) of paragraph (3) of Article 12 of the Act are three months or more preceding the day on which there arises a need for calculation of a worker's average wage, or in the event there arises a need for calculation of a worker's average wage on the day that the worker is taken into employment, the average wage of the worker shall be stipulated by the directors of the prefectural labor offices.

①The working conditions that an employer must clearly indicate to a worker pursuant to the provisions of the first sentence of Article 15, paragraph (1) of the Act are to be those set forth in the following; provided, however, that this does not apply to the matters set forth in item (i)-2 except in the case of the conclusion of a labor contract with a definite term (hereinafter referred to as a "fixed-term labor contract" in this Article) under which that labor contract may be renewed after the expiration of its term, or to the matters set forth in items (iv)-2 through (xi) in the case where the employer does not establish provisions concerning those matters.

②An employer must not make the working conditions that the employer must clearly indicate to a worker pursuant to the provisions of the first sentence of Article 15, paragraph (1) of the Act differ from the facts.

③The matters specified by Order of the Ministry of Health, Labour and Welfare referred to in the second sentence of Article 15, paragraph (1) of the Act are to be the matters set forth in paragraph (1), items (i) through (iv) (excluding matters concerning pay raises).

④The method specified by Order of the Ministry of Health, Labour and Welfare referred to in the second sentence of Article 15, paragraph (1) of the Act is to be the delivery to the worker of a document that makes clear the matters prescribed in the preceding paragraph; provided, however, that if the worker has expressed a wish to use any of the following methods by which the matters prescribed in that paragraph are made clear, that method may be used.

⑤In the case of the conclusion of a fixed-term labor contract under which, within its contract term, the worker becomes able to make an application to conclude a labor contract without a fixed term to which Article 18, paragraph (1) of the Labor Contracts Act applies (hereinafter referred to as an "application under Article 18, paragraph (1) of the Labor Contracts Act for a labor contract without a fixed term"), the working conditions that an employer must clearly indicate to the worker pursuant to the provisions of the first sentence of Article 15, paragraph (1) of the Act are to be, in addition to those prescribed in paragraph (1), matters concerning the application under Article 18, paragraph (1) of the Labor Contracts Act for a labor contract without a fixed term and, among the working conditions constituting the contents of the labor contract without a fixed term pertaining to that application, the matters set forth in paragraph (1), item (i) and items (i)-3 through (xi); provided, however, that this does not apply to the matters set forth in items (iv)-2 through (xi) of that paragraph among the working conditions constituting the contents of the labor contract without a fixed term pertaining to that application, in the case where the employer does not establish provisions concerning those matters.

⑥In the case of the conclusion of a fixed-term labor contract under which, within its contract term, the worker becomes able to make an application under Article 18, paragraph (1) of the Labor Contracts Act for a labor contract without a fixed term, the matters specified by Order of the Ministry of Health, Labour and Welfare referred to in the second sentence of Article 15, paragraph (1) of the Act are to be, in addition to those prescribed in paragraph (3), matters concerning the application under Article 18, paragraph (1) of the Labor Contracts Act for a labor contract without a fixed term and, among the working conditions constituting the contents of the labor contract without a fixed term pertaining to that application, the matters set forth in paragraph (1), item (i) and items (i)-3 through (iv) (excluding matters concerning pay raises).

If an employer intends to take charge of workers savings entrusted to the employer by workers, and in the event that the savings kept in custody constitute a deposit accepted, the employer shall fix, in an agreement provided in paragraph (2) of Article 18 of the Act, the following matters:

A notification under the provisions of paragraph (2) of Article 18 of the Act must be submitted, according to Form No.1, to the director of the labor standards office which has jurisdiction over the location of the said workplace (hereinafter referred to as "the Director of the Labor Standards Office Concerned")

①The person representing a majority of the workers (hereinafter referred to as "a representative of the majority of the workers" in this Article) prescribed in paragraph (2) of Article 18, the proviso of paragraph (1) of Article 24, paragraph (1) of Article 32-2, paragraph (1) of Article 32-3, paragraphs (1) and (2) of Article 32-4, paragraph (1) of Article 32-5, the proviso of paragraph (2) of Article 34, paragraphs (1), (8), and (9) of Article 36, paragraph (3) of Article 37, paragraph (2) of Article 38-2, paragraph (1) of Article 38-3, item (i) of paragraph (2) of Article 38-4 (including as applied mutatis mutandis pursuant to paragraph (3) of Article 41-2), paragraphs (4), (6), and the proviso of paragraph (9) of Article 39, and paragraph (1) of Article 90 of the Act shall be a person who falls under all of the following items:

②At a workplace where there is no person who falls under item (i) of the preceding paragraph, the person who represents the majority of the workers prescribed in Article 18, paragraph (2) of the Act, the proviso to Article 24, paragraph (1) of the Act, Article 39, paragraphs (4) and (6) and the proviso to paragraph (9) of the Act, and Article 90, paragraph (1) of the Act is to be a person who falls under item (ii) of the preceding paragraph.

③An employer shall not treat a worker disadvantageously on the grounds that that worker is a representative of the majority of the workers, attempted to become a representative of the majority of the workers, or took a justifiable action as a representative of the majority of the workers.

④An employer must give necessary consideration so that a representative of the majority of the workers is able to smoothly carry out the affairs concerning the agreements, etc. prescribed in the Act.

An order under the provisions of paragraph (6) of Article 18 of the Act shall be issued in writing according to Form No.1-3 by the Director of the Labor Standards Office Concerned.

A certification under the provisions of paragraph (2) of Article l9 of the Act; or a certification under the provisions of paragraph (2) of Article 19 of the Act applied mutatis mutandis provided in the provisions of paragraph (3) of Article 20 of the Act in the case of the first half of the proviso of paragraph (1) of Article 20 of the Act shall be obtained according to Form No. 2, and a certification under the provisions of paragraph (2) of Article 19 of the Act applied mutatis mutandis provided in the provisions of paragraph (3) of Article 20 of the Act in the case of the second half of the proviso of paragraph (1) of Article 20 of the Act the Director of the Labor Standards Office Concerned shall be obtained according to Form No. 3, from the Director of the Labor Standards Office Concerned.

①An employer may, if it has obtained the consent of a worker, pay wages by the following methods; provided, however, that in the case of using the method set forth in item (iii), the employer must enable the worker to choose payment of wages by the method set forth in item (i) or (ii), and must obtain the consent of the worker after explaining to the worker the matters concerning the requirements set forth in item (iii), (a) through (f).

②An employer may pay, with the consent of the worker, retirement allowances by any of the methods set forth in the following items as well as in the preceding paragraph:

③With regard to the application of the provisions of the preceding paragraph, when the provisions of paragraph (1) of Article 24 of the Act applies to local public officers, "a check" referred to in item (i) of the preceding paragraph shall be replaced with "a check or a check issued by the local public entity concerned."

A person that seeks to receive the designation of the Minister of Health, Labour and Welfare referred to in paragraph (1), item (iii) of the preceding Article (simply referred to as "designation" in Articles 7-6 through 7-8) must submit a written application to the Minister of Health, Labour and Welfare, attaching documents certifying that the person carries on the Type II Funds Transfer Service and satisfies the requirements set forth in (a) through (h) of that item.

①When a designated funds transfer service provider changes any of the matters pertaining to the requirements set forth in Article 7-2, paragraph (1), item (iii), (a) through (h), it must notify the Minister of Health, Labour and Welfare to that effect in advance.

②When a designated funds transfer service provider has registered a change under the provisions of Article 41, paragraph (1) of the Payment Services Act or has given notification of a change under the provisions of paragraph (3) or (4) of that Article, it must notify the Minister of Health, Labour and Welfare to that effect without delay.

When the Minister of Health, Labour and Welfare finds it necessary in order to ensure the proper and reliable implementation of the operations concerning the payment of wages, the Minister may request a designated funds transfer service provider to report on the status of implementation of its operations concerning the payment of wages and on its financial condition, or request it to take necessary measures.

①The Minister of Health, Labour and Welfare may rescind the designation when a designated funds transfer service provider falls under any of the following.

②When the Minister of Health, Labour and Welfare has rescinded a designation pursuant to the provisions of the preceding paragraph, the Minister must give public notice to that effect.

①When a designated funds transfer service provider falls under any of the following, it must notify the Minister of Health, Labour and Welfare to that effect without delay.

②When a designated funds transfer service provider has declined the designation, that designation ceases to be effective.

③When a designated funds transfer service provider intends to decline the designation, it must, no later than 30 days before that day, give public notice to that effect and post a notice to that effect in a place readily visible to the public at all of its business offices.

④When a designated funds transfer service provider has given public notice under the provisions of the preceding paragraph, it must immediately notify the Minister of Health, Labour and Welfare to that effect.

In the case where the designation of a designated funds transfer service provider has been rescinded pursuant to the provisions of Article 7-6, paragraph (1), if the Minister of Health, Labour and Welfare finds it necessary in order to ensure the performance of an employer's obligation to pay wages, the provisions of Article 7-2, paragraph (1) and Article 7-5 apply to the person that was the designated funds transfer service provider, by deeming that person to still be a designated funds transfer service provider.

Those equivalent to wages paid in special circumstances or bonus set forth in the proviso of paragraph (2) of Article 24 of the Act shall be listed as follows:

The emergencies set forth in the provisions of Article 25 of the Act shall be listed as follows:

When an employer who regularly employs less than 10 workers adopts such rules that are referred to in paragraph (1) of Article 32-2 or paragraph (2) of Article 35 of the Act, the employer shall make such rules known to the workers, except in cases where such rules are adopted by a written agreement referred to in paragraph (1) of Article 32-2 of the Act (including any resolution by the committee referred to in paragraph (1) of Article 38-4 of the Act set forth in paragraph (5) of the same Article (including as applied mutatis mutandis pursuant to paragraph (3) of Article 41-2 of the Act) (such committee shall hereinafter be referred to as a "labor-management committee") (such resolution shall hereinafter be referred to as a "resolution by a labor-management committee") and any resolution by the committee on the improvement of working time arrangements provided for in Article 7 of the Act on Special Measures for Improvement of Working Time Arrangements (Act No. 90 of 1992; hereinafter referred to as the "Improvement of Working Time Arrangements Act") (such resolution shall hereinafter be referred to as a "resolution by the committee on the improvement of working time arrangements")).

①When an employer causes its workers to work under the conditions pursuant to any of the provisions of Articles 32-2 to 32-4 of the Act, the employer shall clearly indicate the initial date of the period prescribed in Articles 32-2 to 32-4 of the Act in the rules of employment or its equivalent or in a written agreement (including any resolution by a labor-management committee or a resolution by the committee on the improvement of working time arrangements).

②When an employer gives its workers holidays under the provisions of paragraph (2) of Article 35 of the Act, the employer shall clearly indicate, in the rules of employment or some other equivalent, the initial date of reckoning for a four-week period in which the employer provides four or more days off.

①An agreement under the provisions of paragraph (1) of Article 32-2 of the Act (excluding the case where it is by way of collective agreement, and including a resolution of a labor-management or resolution of a committee on the improvement of working time arrangements )shall set forth a validity period .

②A notification under the provisions of paragraph (2) of Article 32-2 of the Act shall be submitted according to Form No. 3-2 to the Director of the Labor Standards Office Concerned.

①The matters specified by Order of the Ministry of Health, Labour and Welfare referred to in Article 32-3, paragraph (1) of the Act (including as applied by replacing terms pursuant to the provisions of paragraphs (2) and (3) of that Article; the same applies hereinafter in this Article), item (iv) are to be the following.

②The notification under the provisions of Article 32-2, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 32-3, paragraph (4) of the Act must be made to the Director of the Labor Standards Office Concerned using Form No. 3-3.

①Matters prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to item (v) of paragraph (1) of Article 32-4 of the Act which shall be fixed by a written agreement under the provisions of paragraph (1) of Article 32-4 of the Act (excluding the case where it is by way of collective agreement, and including a resolution of a labor-management or resolution of a committee on the improvement of working time arrangements) shall be a stipulation for the valid period of the agreement.

②The employer shall establish stipulations in paper form under the provisions of paragraph (2) of Article 32-4 of the Act.

③When the applicable period referred to in item (ii) of paragraph (1) of Article 32-4 of the Act (hereinafter referred to as "the applicable period" in this Article) exceeds three months, annual working days stipulated by Ordinance of the Ministry of Health, Labour and Welfare referred to in paragraph (3) of Article 32-4 of the Act shall be limited to 280 days in the applicable period.However, in cases where the applicable period exceeds three months and there is an agreement with its applicable period of over three months, falling anytime during the one year prior to the first day of the aforementioned applicable period, (including resolution by a labor-management or resolution by the committee on the improvement of working time arrangements) (if there had been more than one agreement, an agreement just before the new agreement shall be applicable; hereinafter referred to in this paragraph as "the former agreement") under the provisions of paragraph (1) of Article 32-4 of the Act yearly working days shall be shorter one, either days determined by subtracting one day from the yearly working days in the applicable period stipulated under the former agreement or 280 days, if the daily limited working hours exceed longer one, either the daily limited working hours stipulated under the former agreement or nine hours, or the weekly limited working hours exceed longer one, either the weekly limited working hours stipulated under the former agreement or 48 hours.

④Daily working hours and weekly working hours stipulated by Ordinance of the Ministry of Health, Labour and Welfare referred to in paragraph (3) of Article 32-4 of the Act shall be limited to 10 hours per day and 52 hours per week respectively.In this case, if the applicable period exceeds three months, the conformity both of the following items shall be established.

⑤The number of consecutive days on which an employer may have workers work in the applicable period provided in Ordinance of the Ministry of Health, Labour and Welfare referred to in paragraph (3) of Article 32-4 of the Act shall be limited to six days; and the number of consecutive days on which an employer may have workers work in the specified period set forth in the written agreement referred to in paragraph (1) of the Article (including resolutions of the labor-management committee and resolutions of the committee on the improvement of working time arrangements) shall be limited to the number of days that shall enable workers to have one day off per week.

⑥A notification referred to in the provisions of paragraph (2) of Article 32-2 of the Act applied mutatis mutandis under the provisions of paragraph (4) of Article 32-4 of the Act must be submitted according to Form No. 4 to the Director of the Labor Standards Office Concerned.

①Businesses prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to in the provisions of paragraph (1) of Article 32-5 of the Act shall be businesses of retailers, hotels, restaurants, and eating and drinking places.

②The number prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to in the provisions of paragraph (1) of Article 32-5 of the Act shall be 30 persons.

③A notice of working hours for each day of a week pursuant to the provisions of paragraph (2) of Article 32-5 of the Act shall be given in writing at least before the first day of the week.However, if there is an urgent and unavoidable reason, the employer may change the working hours previously notified by notifying the relevant worker in writing by the day prior to the date on which the employer intends to change the said previously notified working hours.

④A notification referred to in the provisions of paragraph (2) of Article 32-2 of the Act applied mutatis mutandis under the provisions of paragraph (3) of Article 32-5 of the Act must be submitted on Form No. 5 to the Director of the Labor Standards Office Concerned.

⑤When an employer has workers work pursuant to the provisions of Article 32-5, the employer shall endeavor to respect the workers' intention when fixing working hours for each day of a week.

When an employer has workers work pursuant to the provisions of Article 32-2, 32-4 or 32-5 of the Act, the employer shall give careful consideration to those who take care of children, those who take care of elderly persons and the like, those who receive vocational training or education, and such other workers who need special consideration so that they may secure time necessary for the child care and the like.

①A permission under the provisions of the main clause of paragraph (1) of Article 33 of the Act must be obtained from the Director of the Labor Standards Office Concerned, and a notification under the proviso of the same paragraph of the same Article shall be submitted to the Director of the Labor Standards Office Concerned.

②The permission or the notification referred to in the preceding paragraph shall be made pursuit to Form No. 6.

An order under the provisions of paragraph (2) of Article 33 of the Act shall be issued in writing according to Form No.7 by the Director of the Labor Standards Office Concerned.

①When 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.

②The 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

①The 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).

②Notwithstanding 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.

③When 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.

①The 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.

②An 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.

③The 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.

①The 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):

②Those 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.

①In 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.

②The 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).

③The 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.

①When 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.

②When 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:

When an employer has obtained the permission from the Director of the Labor Standards Office Concerned according to Form No. 10 with respect to night- or day-duty intermittent work, the worker may employ workers who are engaged in such work, notwithstanding the provisions of Article 32 of the Act.

When an employer has obtained the permission from the Director of the Labor Standards Office Concerned according to Form No. 11 with respect to the time between the commencement and completion of the entry into a pit for workers who enter and exit a pit as a group, the time period between the completion of entry into and the completion of exit from a pit shall be deemed as working hours of workers belonging to the group for the purpose of the application of the provisions of paragraph (2) of Article 38 of the Act.

①The provisions of paragraph (1) of Article 38-2 of the Act shall apply to the calculation of working hours in the application of the provisions concerning working hours under Chapter 4 of the Act .

②An agreement under the provisions of paragraph (2) of Article 38-2 of the Act (excluding the case where it is by way of collective agreement and including a resolution of a labor-management and resolution of a committee on the improvement of working time arrangements) shall set forth a validity period.

③A notification pursuant to the provisions of paragraph (3) of Article 38-2 of the Act must be given to the Director of the Labor Standards Office Concerned according to Form No. 12. When the working hours stipulated in an agreement under the provisions of paragraph (2) of the said Article do not exceed the working hours prescribed in the provisions of Article 32 or 40 of the Act, such an agreement does not need to be notified.

④An employer may give notification to the Director of the Labor Standards Office Concerned of the contents of an agreement referred to in the provisions of paragraph (2) of Article 38-2 of the Act by including the said contents in the notification under the provisions of paragraph (1) of Article 36 of the Act (except notification of resolution of a labor-management and resolution of a committee on the improvement of working time arrangements) instead of giving the notification referred to in the preceding paragraph.

①The provisions of paragraph (1) of Article 38-3 of the Act shall apply to the calculation of working hours in applying provisions concerning working hours under Chapter IV of the Act.

②The work prescribed in Ordinance of the Ministry of Health, Labour and Welfare pursuant to item (i) of paragraph (1) of Article 38-3 of the Act shall be the followings:

③The matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare under item (vi) of paragraph (1) of Article 38-3 of the Act shall be the followings:

④A notification under the provisions of paragraph (iii) of Article 38-2 of the Act as applied mutatis mutandis prescribed in the provisions of paragraph (ii) of Article 38-3 of the Act must be made according to Form No. 13 to the Director of the Labor Standards Office Concerned.

An employer must prepare records for each worker concerning the matters set forth in paragraph (3), item (iv), (a) through (c) of the preceding Article, and must preserve them during the validity period under item (iii) of that paragraph and for five years after the expiration of that validity period.

①A notification under the provisions of paragraph (1) of Article 38-4 of the Act must be submitted according to the Form No. 13-2 to the Director of the Labor Standards Office Concerned.

②The provisions of paragraph (1) of Article 38-4 of the Act shall apply to the calculation of working hours in applying provisions concerning working hours under Chapter IVof the Act.

③The matters set forth in Ordinance of the Ministry of Health, Labour and Welfare under the provisions of item (vii) of paragraph (1) of Article 38-4 of the Act shall be listed as follows.

An employer must prepare records for each worker concerning the matters set forth in (a) through (c) of item (iv) of paragraph (3) of the preceding Article, and must preserve them during the validity period referred to in item (iii) of that paragraph and for five years after the expiration of that validity period.

①The appointment under the provisions of item (i) of paragraph (2) of Article 38-4 of the Act must be made with respect to persons other than persons in a supervisory or managerial position provided in item (ii) of Article 41 of the Act, and must not be based on the intentions of the employer.

②With respect to the preparation and preservation of minutes under item (ii) of paragraph (2) of Article 38-4 of the Act, an employer shall prepare minutes of each meeting of the labor-management committee and keep such minutes on file for five years after the date of such meeting (or, in the case of the minutes of a meeting where a resolution provided in paragraph (1) of Article 38-4 of the Act, a resolution by a labor-management committee and a resolution by a majority of four fifths or more of the labor-management committee members pursuant to Article 25-2 (referred to as a "resolution by a labor-management committee, etc." in paragraph (7)) are adopted, the date of completion (as provided for in item (v) of paragraph (1) of Article 56) of the documentation in relation to such resolution).

③With respect to the requirement to make the minutes known to workers provided in item (ii) of paragraph (2) of Article 38-4 of the Act, an employer shall make the minutes of a labor-management committee known to the workers at the workplace by any of the following means.

④The requirements specified by Order of the Ministry of Health, Labour and Welfare referred to in item (iii) of paragraph (2) of Article 38-4 of the Act are to be that rules have been established concerning the following, as matters concerning the operation of the labor-management committee.

⑤An employer shall obtain the consent of the labor-management committee in order to establish or amend the regulations referred to the preceding paragraph.

⑥An employer shall not treat a worker disadvantageously on the grounds that the worker is a member of the labor-management committee or attempted to become a member of the committee, or acted justifiably as a member of the committee.

⑦An employer must give necessary consideration so that the members appointed under the provisions of item (i) of paragraph (2) of Article 38-4 of the Act can smoothly carry out the affairs concerning a resolution by a labor-management committee, etc.

①The report under the provisions of paragraph (4) of Article 38-4 of the Act must be made to the Director of the Labor Standards Office Concerned according to Form No. 13-4, once within six months counting from the starting date of the validity period of the resolution provided in paragraph (1) of that Article, and thereafter once in every period not exceeding one year.

②The report under the provisions of paragraph (4) of Article 38-4 of the Act is to be made on the status of the working hours of the workers provided in item (iv) of paragraph (1) of that Article and the status of implementation of the measures to ensure the health and welfare of those workers, and the status of implementation of the consent referred to in item (vi) of that paragraph and the withdrawal thereof.

①The hours prescribed by Ordinance of the Ministry of Health, Labour and Welfare under paragraph (3) of Article 39 of the Act shall be 30 hours.

②The number of days stipulated by Ordinance of the Ministry of Health, Labour and Welfare as the prescribed working days in a week for ordinary workers under paragraph (3) of Article 39 of the Act shall be 5.2 days.

④The number of days prescribed by Ordinance of the Ministry of Health, Labour and Welfare under item (i) of paragraph (3) of Article 39 of the Act shall be 4 days.

⑤The number of days prescribed by Ordinance of the Ministry of Health, Labour and Welfare under item (ii) of paragraph (3) of Article 39 of the Act shall be 216 days.

Matters prescribed by the Ordinance of the Ministry of Health, Labour and Welfare under item (iii) of paragraph (4) of Article 39 of the Act shall be as follows:

①When an employer has decided, under the provisions of the proviso to paragraph (7) of Article 39 of the Act, to grant 10 or more working days of paid leave under the provisions of paragraphs (1) through (3) of that Article, the employer must grant five days out of the number of days of that paid leave by specifying the time thereof within a period of one year from the day, being a day prior to the base date (meaning the base date referred to in paragraph (7) of that Article; the same applies hereinafter in this Article), on which the employer decided to grant 10 or more working days of paid leave (hereinafter referred to as the "first base date" in this Article and Article 24-7).

②Notwithstanding the provisions of the preceding paragraph, when an employer has decided to grant 10 or more working days of paid leave under the provisions of paragraphs (1) through (3) of Article 39 of the Act on the base date or the first base date, and has decided to newly grant 10 or more working days of paid leave on a specified day within one year from that base date or first base date (hereinafter referred to as the "second base date" in this Article and Article 24-7), the employer may grant, during the fulfillment period (meaning the period beginning on the base date or the first base date and ending on the day on which one year elapses from the second base date; the same applies hereinafter in this Article), the number of days obtained by dividing the number of months in the fulfillment period by 12 and multiplying the result by five, by specifying the time thereof.

③In the case where the period referred to in paragraph (1) or the fulfillment period referred to in the preceding paragraph has elapsed, the first day of each of the periods obtained by dividing the time from the day on which it elapsed into one-year periods (or, when a period of less than one year arises at the end, that period) is deemed to be the base date, and the provisions of the main clause of paragraph (7) of Article 39 of the Act apply.

④In the case where an employer has decided to grant, on a day on or before the base date (hereinafter referred to as a "specified day" in this paragraph), a number of days of paid leave under the provisions of paragraphs (1) through (3) of Article 39 of the Act that is less than 10 working days, if there are two or more specified days, the latest of the specified days up to the day on which those numbers of days of less than 10 working days come to 10 or more working days in total is deemed to be the first base date, and the provisions of the preceding three paragraphs apply. In this case, with respect to the number of days of paid leave granted under the provisions of paragraph (5) or (6) of that Article before the day deemed to be the first base date, it is not required to grant that leave by specifying the time thereof.

①In granting paid leave to a worker by specifying the time thereof under the provisions of paragraph (7) of Article 39 of the Act, an employer must, in advance, make clear to the worker that the paid leave is to be granted under the provisions of that paragraph, and then hear the opinion of the worker regarding the time thereof.

②An employer must endeavor to respect the opinion heard under the provisions of the preceding paragraph.

When an employer has granted paid leave under the provisions of paragraphs (5) through (7) of Article 39 of the Act, the employer must prepare a document which makes clear, for each worker, the time, the number of days and the base date (including the first base date and the second base date) (referred to as the "annual paid leave management register" in Article 55-2 and paragraph (3) of Article 56), and must preserve it during the period in which that paid leave was granted and for five years after the expiration of that period.

①The ordinary wages paid for working the prescribed working hours under the provisions of paragraph (9) of Article 39 of the Act are to be the amount calculated by the methods set forth below.

②The wages in the amount calculated as specified by Order of the Ministry of Health, Labour and Welfare referred to in the main clause of paragraph (9) of Article 39 of the Act are to be wages in the amount obtained by dividing the average wage or the amount calculated under the provisions of the preceding paragraph by the number of prescribed working hours of that day.

③The amount calculated as specified by Order of the Ministry of Health, Labour and Welfare referred to in the proviso to paragraph (9) of Article 39 of the Act is to be the amount obtained by dividing an amount equivalent to one-thirtieth of the standard monthly remuneration provided in paragraph (1) of Article 40 of the Health Insurance Act (Act No. 70 of 1922) (if that amount includes a fraction of less than five yen, the fraction is to be discarded, and if it includes a fraction of five yen or more but less than 10 yen, the fraction is to be rounded up to 10 yen) by the number of prescribed working hours of that day.

①An employer who usually employs less than 10 workers in a business stipulated in items (viii), (x) (except businesses producing motion pictures), (xiii), and (xiv) of appended table 1 of the Act may have a worker work up to 44 hours in a week and up to 8 hours in a day, notwithstanding the provisions of Article 32 of the Act.

②In the event that an employer has stipulated that the average weekly working hours in a period not exceeding one month shall not exceed 44 hours in a written agreement either with a labor union organized by a majority of the workers at the workplace concerned where such a labor union exists, or with a person representing a majority of the workers at a workplace where no such labor union exists (including a resolution adopted by majority of four fifths or more of the labor-management committee members or a resolution adopted by majority of four fifths or more of the members of the committee on the improvement of working time arrangements referred to in the provisions of Article 7 of the Improvement of Working Time Arrangements Act; hereinafter the same shall apply in this Article), or in the rules of employment, or the equivalent, the employer may, with respect to the businesses provided in the preceding paragraph and notwithstanding the provisions of that paragraph, have a worker work in excess of 44 hours in a specified week or in excess of 8 hours in a specified day in accordance with said stipulation.

③In the event that the following items have been provided in a written agreement either with a labor union organized by a majority of the workers at the workplace concerned ( in case where such labor union exists),or with a person representing a majority of the workers(in case where such union does not exist), the employer may have a worker who has discretion to decide the starting and ending time for work pursuant to rules of employment or the equivalent and notwithstanding the provisions of paragraph(1) with respect to the business provided in said paragraph, work in excess of 44 hours in a week or in excess of 8 hours in a day; provided the average working hours per week for the period prescribed as the settlement period stipulated in item (ii) below do not exceed 44 hours:

④With respect to the businesses provided in paragraph (1), the provisions of the preceding three paragraphs do not apply in the case where workers are made to work under the provisions of paragraph (1) of Article 32-3 (limited to the case where the settlement period referred to in item (ii) of that paragraph exceeds one month), Article 32-4 or Article 32-5 of the Act.

①The provisions of paragraph (1) of Article 6-2 apply mutatis mutandis to the person representing a majority of the workers provided in paragraphs (2) and (3) of the preceding Article; the provisions of paragraphs (3) and (4) of Article 6-2 apply mutatis mutandis to the employer referred to in paragraphs (2) and (3) of the preceding Article; the provisions of Article 12 and paragraph (1) of Article 12-2 apply mutatis mutandis to a provision made under paragraphs (2) and (3) of the preceding Article; the provisions of paragraph (1) of Article 12-2-2 apply mutatis mutandis to the agreement referred to in paragraph (2) of the preceding Article; and the provisions of Article 12-6 apply mutatis mutandis to the employer referred to in paragraph (2) of the preceding Article.

②An employer shall submit the agreement referred to in paragraph (2) of the preceding Article according to Form No. 3-2 to the Director of the Labor Standards Office Concerned.

With regard to those workers who work on board a train, diesel railcar, or electric railcar as reserve crew members in the businesses designated in item (iv) of appended table 1 of the Act, an employer may make them work for a period exceeding 40 hours a week or a period exceeding 8 hours a day, notwithstanding the provisions of paragraph (1) of Article 32-2 of the Act, to the extent that the average weekly working hours for a fixed period of one month or less do not exceed 40 hours.

The provisions of paragraph (2) of Article 34 of the Act shall not apply to the businesses designated in any of items (iv),(viii),(ix),(x),(xi), (xiii), and (xiv) of appended table 1 of the Act and businesses of public agencies (except the businesses designated in said appended table 1).

①With regard to those engineers, drivers, pilots, conductors, train masters, baggage men, trainmen, stewards, air conditioning engineers and power supply officers of a train, diesel railcar, electric railcar, automobile, ship or aircraft (hereinafter referred to as "crew members") who continuously work on board over a long distance among workers employed for the businesses designated in item (iv) of appended table 1 of the Act or for the postal or mail delivery businesses, and workers employed for the businesses designated in item (xi) of the same table who are engaged in postal business at business offices of Japan Post Co., Ltd. having less than 30 indoor workers (limited to business offices which provide postal counter service prescribed in Article 2 of the Post Office Branch Act (Act No. 213 of 1949)), an employer may give them no rest periods notwithstanding the provisions of Article 34 of the Act.

②With regard to those crew members who do not fall under the provisions of the preceding paragraph, an employer may give them no rest periods when it is found impossible to give them rest periods because of the nature of the work in which they are engaged, if the total of stoppage time, waiting time for turning back and other time while on duty is equal to the rest period prescribed in paragraph (1) of Article 34 of the Act, notwithstanding the provisions of the same Article.

①The provisions of paragraph (3) of Article 34 of the Act shall not apply to those workers who fall under any of the following items:

②An employer who employs those workers falling under item (ii) of the preceding paragraph shall obtain, in advance, the permission of the Director of the Labor Standards Office Concerned for the number of such workers, the number of children for accommodation and the manner of work, according to Form No. 13-5.

A permission under the provisions of item (iii) of Article 41 of the Act must be obtained from the Director of the Labor Standards Office Concerned for the manner of labor to be engaged in and the number of workers according to Form No. 14.

①The notification under the provisions of paragraph (1) of Article 41-2 of the Act must be made to the Director of the Labor Standards Office Concerned according to Form No. 14-2.

②The method specified by Order of the Ministry of Health, Labour and Welfare provided in the part of paragraph (1) of Article 41-2 of the Act other than the items is to be the method of obtaining the signature of the covered worker (meaning a "covered worker" provided in that paragraph; the same applies hereinafter) on a document which makes clear the following matters and receiving delivery of that document (or, if the covered worker so wishes, the method of receiving the provision of an electronic or magnetic record in which the matters to be stated in that document are recorded).

③The work specified by Order of the Ministry of Health, Labour and Welfare referred to in item (i) of paragraph (1) of Article 41-2 of the Act is to be the following work (excluding work performed upon receiving specific instructions from the employer concerning the time spent engaging in that work (including the setting of a deadline that is markedly short in relation to the volume of work and other instructions found to be, in substance, instructions concerning the time spent engaging in that work)).

④The method specified by Order of the Ministry of Health, Labour and Welfare referred to in (a) of item (ii) of paragraph (1) of Article 41-2 of the Act is to be the method by which the employer obtains the signature of the covered worker on a document which makes clear the following matters and receives delivery of that document (or, if the covered worker so wishes, the method of receiving the provision of an electronic or magnetic record in which the matters to be stated in that document are recorded).

⑤The standard annual average salary amount referred to in (b) of item (ii) of paragraph (1) of Article 41-2 of the Act is to be the total of the monthly amounts, from the amount for January through the amount for December, of the salary regularly paid every month in the Monthly Labour Survey prepared by the Ministry of Health, Labour and Welfare (hereinafter referred to as the "Monthly Labour Survey").

⑥The amount specified by Order of the Ministry of Health, Labour and Welfare referred to in (b) of item (ii) of paragraph (1) of Article 41-2 of the Act is to be 10,750,000 yen.

⑦The time other than working hours specified by Order of the Ministry of Health, Labour and Welfare referred to in item (iii) of paragraph (1) of Article 41-2 of the Act is to be break time and other time during which the covered worker is not working.

⑧The method specified by Order of the Ministry of Health, Labour and Welfare referred to in item (iii) of paragraph (1) of Article 41-2 of the Act is to be an objective method such as records by time cards or records of the time of use of computers such as personal computers; provided, however, that in the case where the covered worker has worked outside the workplace, if there is an unavoidable reason, self-reporting may be used.

⑨The time specified by Order of the Ministry of Health, Labour and Welfare referred to in (a) of item (v) of paragraph (1) of Article 41-2 of the Act is to be 11 hours.

⑩The number of times specified by Order of the Ministry of Health, Labour and Welfare referred to in (a) of item (v) of paragraph (1) of Article 41-2 of the Act is to be four.

⑪The time specified by Order of the Ministry of Health, Labour and Welfare referred to in (b) of item (v) of paragraph (1) of Article 41-2 of the Act is to be, with respect to the time in excess of 40 hours in the case where the working hours subject to health management per week (meaning the working hours subject to health management provided in item (iii) of that paragraph; the same applies hereinafter in this Article and the following Article) exceed 40 hours, the time specified in each of the following items according to the category set forth in that item.

⑫The requirements specified by Order of the Ministry of Health, Labour and Welfare referred to in (d) of item (v) of paragraph (1) of Article 41-2 of the Act are to be that the time in excess of 40 hours in the case where the working hours subject to health management per week exceed 40 hours has exceeded 80 hours per month, or that a request has been made by the covered worker.

⑬The items specified by Order of the Ministry of Health, Labour and Welfare referred to in (d) of item (v) of paragraph (1) of Article 41-2 of the Act are to be the following.

⑭The measures specified by Order of the Ministry of Health, Labour and Welfare referred to in item (vi) of paragraph (1) of Article 41-2 of the Act are to be the following measures.

⑮The matters specified by Order of the Ministry of Health, Labour and Welfare referred to in item (x) of paragraph (1) of Article 41-2 of the Act are to be the following.

①The report under the provisions of paragraph (2) of Article 41-2 of the Act must be made to the Director of the Labor Standards Office Concerned according to Form No. 14-3, in every period not exceeding six months counting from the starting date of the validity period of the resolution referred to in paragraph (1) of that Article.

②The report under the provisions of paragraph (2) of Article 41-2 of the Act is to be made on the status of working hours subject to health management and the status of implementation of the measures provided in item (iv) of paragraph (1) of that Article, the measures provided in item (v) of that paragraph and the measures provided in item (vi) of that paragraph.

The provisions of Article 24-2-4 (excluding (b) through (d) of paragraph (4)) apply mutatis mutandis to the committee referred to in paragraph (1) of Article 41-2 of the Act. In this case, the term "(a) through (d)" in (e) of paragraph (4) of Article 24-2-4 is to be deemed to be replaced with "(a)".

The hours specified by Order of the Ministry of Health, Labour and Welfare referred to in item (ii) of paragraph (3) of Article 60 of the Act are to be 48 hours.