Notwithstanding the provisions of Article 32, if an employer has provided 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, the employer may have a worker work in excess of the working hours referred to in paragraph (1) of that Article in a specified week or weeks, and may have a worker work in excess of the working hours referred to in paragraph (2) of that Article on a specified day or days, in accordance with that written agreement (including what has been prescribed under the following paragraph, if applicable), within a range that does not cause the weekly average working hours for the period established in that agreement as the applicable period referred to in item (ii) of this Article to exceed 40 hours:
the range of workers whom the employer may have work for the working hours under this Article;
この条の規定による労働時間により労働させることができることとされる労働者の範囲
the applicable period (this means the period during which the employer may have a worker work within a range that does not cause the weekly average working hours to exceed 40 hours, and is limited to one that exceeds one month and is no longer than 1 year in length; the same applies below in this Article and the following Article);
対象期間（その期間を平均し一週間当たりの労働時間が四十時間を超えない範囲内において労働させる期間をいい、一箇月を超え一年以内の期間に限るものとする。以下この条及び次条において同じ。）
specified periods (meaning periods falling during an applicable period when work is particularly busy; the same applies in paragraph (3));
working days in the applicable period and working hours for each of those working days (or, if it has been decided to divide the applicable period into sub-periods of one month or longer, the working days in whichever of the sub-periods arising from the division includes the first day of the applicable period (referred to as the "initial sub-period" below in this Article), the working hours on each of those working days, and the number of working days and total working hours in each sub-period excluding the initial sub-period);
対象期間における労働日及び当該労働日ごとの労働時間（対象期間を一箇月以上の期間ごとに区分することとした場合においては、当該区分による各期間のうち当該対象期間の初日の属する期間（以下この条において「最初の期間」という。）における労働日及び当該労働日ごとの労働時間並びに当該最初の期間を除く各期間における労働日数及び総労働時間）
other particulars prescribed by Order of the Ministry of Health, Labour and Welfare.
その他厚生労働省令で定める事項
If, in the written agreement referred to in the preceding paragraph, the employer has divided the applicable period as provided for in item (iv) of that paragraph, and established the number of working days and total working hours for each sub-period excluding the initial sub-period, the employer, no later than 30 days before the first day of each sub-period, 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, and pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must establish the working days in that sub-period within a range that does not exceed the established number of working days and must establish the working hours for each working day within a range that does not exceed those established total working hours.
After hearing the opinions of the Labor Policy Council, the Minister of Health, Labour and Welfare, by Order of the Ministry of Health, Labour and Welfare, may establish a limit to the number of working days in an applicable period, a limit to the daily and weekly working hours in an applicable period, or a limit to the number of consecutive days within an applicable period (excluding periods established as a specified period in a written agreement referred to in paragraph (1)) or within a period that a written agreement referred to in that paragraph has established as a specified period, during which the employer may have a worker work.
The provisions of Article 32-2, paragraph (2) apply mutatis mutandis to an agreement referred to in paragraph (1) of this Article.
第三十二条の二第二項の規定は、第一項の協定について準用する。
Read this with the articles around it
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
the applicable periodmachine translation
「対象期間」
In Articles 32-4 and 32-4-2, the period, longer than one month and no longer than one year, over which an agreement under Article 32-4 averages working hours so that they do not exceed 40 hours a week.
Defined inArticle 32-4, paragraph (1), item (ii)· applies only in this article and in Article 32-4-2
specified periodmachine translation
「特定期間」
In Article 32-4, paragraphs (1) and (3), a part of the applicable period (対象期間) over which working hours are averaged when work is especially busy, set as such in the employer's written agreement with the union of a majority of the workers or, where there is none, with a person representing a majority of them.
Defined inArticle 32-4, paragraph (1), item (iii)· applies only in this provision and in Article 32-4, paragraph (3)
initial sub-period
「最初の期間」
The first sub-period, containing the start date, when an averaging period is divided into sub-periods of one month or more.
Short name set inArticle 32-4, paragraph (1), item (iv)· applies only in this article
Labor Policy Council
労働政策審議会
A council (審議会) attached to the Ministry of Health, Labour and Welfare (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 6, paragraph (1)). At the Minister of Health, Labour and Welfare's request it studies and deliberates on important matters of labour policy (and, at that Minister's or the Minister of Economy, Trade and Industry's request, on preventing pneumoconiosis (じん肺)), gives its opinion on them to the Minister or the administrative bodies concerned, and handles the matters the labour laws assign to it (Article 9, paragraph (1) of that Act). It has thirty members, whom the Minister appoints in equal numbers from those representing workers, employers and the public interest, and temporary and expert members may be added for particular matters (Cabinet Order (政令) on the Labor Policy Council (労働政策審議会令), Articles 2 and 3).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Arts. 6, 9 and Cabinet Order on the Labor Policy Council, Arts. 2, 3 as a reference.