Labor Standards Act

If an employer provides for the following particulars in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, and the employer assigns a worker to the work stated in item (i), that worker is deemed to have worked the hours stated in item (ii), pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:

work which it is decided a worker will be assigned to, that is prescribed by Order of the Ministry of Health, Labour and Welfare as work that it is difficult for the employer to give concrete directions for, regarding things such as decisions about how the work is to be carried out and the allocation of time to that work, since, the way in which it is carried out needs to be left largely to the discretion of the worker who is engaged in that work owing to the nature of the work (referred to "covered work" below in this Article);

the hours that will be calculated as the working hours of a worker engaged in covered work;

that the employer will not give concrete directions to a worker engaged in covered work regarding things such as decisions on how the covered work is carried out, and the time allocation to that covered work;

that, pursuant to the provisions of the agreement, the employer will take measures to ensure the workers' health and welfare that are in line with the working hours of workers engaged in covered work;

that, pursuant to the provisions of that agreement, the employer will take measures to process complaints from workers engaged in covered work;

beyond what is provided for in the preceding items, particulars prescribed by Order of the Ministry of Health, Labour and Welfare.

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the agreement referred to in the preceding paragraph.

If, at a workplace where a committee is established with the purpose of examining and deliberating on wages, working hours, and other particulars of working conditions at that workplace, and to state its opinions regarding these particulars to the person in control of the business (limited to a committee that has the employer and representatives of workers at the workplace as its members), that committee adopts a resolution by a majority of four-fifths or more of its members regarding the following particulars and the employer notifies the relevant government agency of that resolution pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare; and if the employer has a worker falling under the range of workers stated in item (ii) carry out the work stated in item (i) at that workplace, the worker is deemed to have worked the hours stated in item (iii) pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:

work in the planning, drafting, researching, and analyzing of particulars involved in business operations, for which the employer is not to give concrete directions regarding things such as decisions about how that work is carried out and the allocation of time to that work, since the nature of the work is such that, in order for it to be carried out properly, the way in which it is carried out needs to be left largely to the discretion of the worker (referred to as "covered work" below in this Article);

the range of workers who have the knowledge, experience, and other attributes required to carry out the covered work properly, and who is to be deemed to have worked the hours prescribed by the resolution when they are assigned to that covered work;

the hours that is assessed as the working hours of a worker engaged in covered work who falls within the range of the workers stated in the preceding item;

that, as prescribed in that resolution, the employer take measures to ensure that the health and welfare of workers engaged in covered work who fall within the range of workers stated in item (ii), that are in line with those workers' working hours;

that, as prescribed in that resolution, the employer take measures to process complaints from workers engaged in covered work who fall within the range of workers stated in item (ii);

that, when having a worker who falls within the range of workers stated in item (ii) perform covered work pursuant to the provisions of this paragraph, the employer must obtain that worker's consent to deem that worker to have worked the hours stated in item (iii), and that it must not dismiss a worker who does not consent to this or subject that worker to other disadvantageous treatment;

beyond what is provided for in the preceding items, the matters that Order of the Ministry of Health, Labour and Welfare prescribes.

The committee referred to in the preceding paragraph must be one that conforms to the following items:

one half of the members of that committee are appointed for a set term of office pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare by the labor union that is organized by a majority of the workers at that workplace, if there is one, or by a person representing a majority of the workers at that workplace, if there is no such union;

minutes of the meetings of that committee are prepared and maintained pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, and are made known to the workers at the relevant workplace;

beyond what is provided for in the preceding two items, the requirements prescribed by Order of the Ministry of Health, Labour and Welfare.

To ensure appropriate working conditions for workers engaged in covered work, and after hearing the opinion of the Labor Policy Council, the Minister of Health, Labour and Welfare is to establish and announce guidelines regarding the particulars stated in each item of paragraph (1) and other particulars decided upon by the committee referred to in that paragraph.

Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, an employer that has filed a notification under paragraph (1) must regularly report on the state of implementation of the measures provided for in item (iv) of that paragraph to the relevant government agency.

To apply the provisions of Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraphs (1) through (3), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (9) of the following Article, if the committee referred to in paragraph (1) makes a decision by a majority of four-fifths or more of the members regarding a matter provided in Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraphs (1) and (2), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, paragraphs (1), (2) and (5), Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (9) of the following Article, the phrase "in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union" in Article 32-2, paragraph (1) is deemed to be replaced with "in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, or pursuant to a resolution of the committee referred to in Article 38-4, paragraph (1) (referred to below as a 'resolution', except in Article 106, paragraph (1))"; the term "written agreement" in Article 32-3, paragraph (1), Article 32-4, paragraphs (1) through (3), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, paragraph (2) and paragraphs (5) through (7), Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (7) of the following Article is deemed to be replaced with "written agreement or resolution"; the phrase "with the consent of the labor union that is organized by a majority of the workers at that workplace, if there is one, or of a person representing a majority of the workers at that workplace, if there is no such union" in Article 32-4, paragraph (2) is deemed to be replaced with "with the consent of the labor union that is organized by a majority of the workers at that workplace, if there is one, or of a person representing a majority of the workers at that workplace, if there is no such union, or based on a resolution"; the phrases "has filed a notification of this agreement" and "in accordance with the provisions of that agreement" in Article 36, paragraph (1) are deemed to be replaced respectively with "has filed a notification of this agreement or resolution" and "in accordance with the provisions of that agreement or resolution"; the phrases "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1)" and "that agreement" in Article 36, paragraph (8) are deemed to be replaced respectively with "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1), or the committee members making the resolution referred to in that paragraph" and "that agreement or resolution"; and the phrase "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1)" in Article 36, paragraph (9) is deemed to be replaced with "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1), or the committee members making the resolution referred to in that paragraph".