①Notwithstanding the provisions of Article 32, if an employer has provided for the following particulars in a written agreement with the labor union that has been 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, the employer may have a worker whose start and end times are left up to that worker pursuant to rules of employment or the equivalent, work in excess of the working hours set forth in paragraph (1) of that Article in one week and may have that worker work in excess of the working hours set forth in paragraph (2) of that Article in one day, within a scope that does not cause the weekly average working hours during the period that has been established in that agreement as the settlement period referred to in item (ii) of this Article to exceed the working hours set forth in paragraph (1) of that Article:

②To apply the provisions of the preceding paragraph if the settlement period exceeds one month in length, in the parts of that paragraph other than the items, the phrase "to exceed the working hours set forth in paragraph (1) of that Article" is deemed to be replaced with "to exceed the working hours set forth in paragraph (1) of that Article, and does not cause the weekly average working hours in each of the one-month periods into which that settlement period has been divided beginning on the first day of the settlement period (including the last of the periods into which it has been divided, even if it is shorter than one month; the same applies hereinafter in this paragraph) to exceed 50 hours"; and the phrase "paragraph (1) of that Article" is deemed to be replaced with "paragraph (1) of Article 32".

③To apply the provisions of paragraph (1) if an employer has a worker whose number of prescribed weekly working days is five days, work pursuant to the provisions of that paragraph, in the parts of that paragraph other than the items, (including as applied following a deemed replacement of terms pursuant to the preceding paragraph), the phrase "the working hours set forth in paragraph (1) of that Article" is deemed to be replaced with "the working hours set forth in paragraph (1) of that Article (or, if the employer, in a written agreement with the labor union that has been 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, has established that the number of working hours is limited to the number of hours arrived at when the number of prescribed working days during the settlement period is multiplied by the number of working hours referred to in Article 32, paragraph (2), the number of hours arrived at when the number so calculated is divided by the quotient arrived at when the number of days in the settlement period is divided by seven)", and the phrase "paragraph (1) of that Article" is deemed to be replaced with " paragraph (1) of that Article".

④The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to an agreement establishing the particulars set forth in the items of paragraph (1); provided, however, that this does not apply if the settlement period is one month or shorter in length.