①Notwithstanding the provisions of Article 32, paragraph (2), if there is 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, an employer may have a worker work for up to ten hours per day if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequently substantial fluctuation in daily business, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of the Health, Labour and Welfare.

②If an employer has a worker work pursuant to the provisions of the preceding paragraph, the employer must notify the worker in advance of the hours it will have the worker work on each day of the week, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

③The provisions of Article 32-2, paragraph (2) apply mutatis mutandis to an agreement as referred to in paragraph (1) of this Article.