If the period during which an employer, pursuant to the provisions of the preceding Article, has had a worker work falls within, but is shorter than, the applicable period, and during that period, the employer has had that worker work an average of more than 40 hours per week, the employer must pay the worker premium wages for time worked in excess of the 40-hour-per-week average (excluding the 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
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