If the settlement period exceeds one month in length, and an employer, pursuant to the provisions of paragraph (1) of the preceding Article, has had a worker work falls within, but is shorter than, a settlement period that exceeds one month in length, and during that period, the employer has had a worker work an average of more than 40 hours per week, the employer must pay that worker premium wages for time worked in excess of the 40-hour-per-week average (excluding time by which the employer has extended the working hours or the time that the employer has had the worker work on a day off, pursuant to the provisions of Article 33 or Article 36, paragraph (1)) as provided for in Article 37.
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worker
「労働者」
A person employed at a business or office and paid wages, whatever the kind of job.
Defined inArticle 9, paragraph (1)· applies throughout the law
employermachine translation
「使用者」
The business owner, its managers, and anyone else acting for the owner in matters concerning its workers.
Defined inArticle 10, paragraph (1)· applies throughout the law
settlement periodmachine translation
「清算期間」
In Articles 32-3 and 32-3-2, the period of up to three months over which, for workers left to decide when they start and finish work, working hours are averaged so that they do not exceed the 40 hours a week of Article 32, paragraph (1).
Defined inArticle 32-3, paragraph (1), item (ii)· applies only in this article and in Article 32-3-2