Notwithstanding the provisions on working hours in Articles 32 through 32-5 and Article 40 (referred to as "working hours" below in this Article) and the provisions on days off in the preceding Article (referred to as "days off" below in this Article), if an employer has concluded 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, and has filed a notification of this agreement with the relevant government agency pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, the employer may extend the working hours or have a worker work on a day off, in accordance with the provisions of that agreement.
使用者は、当該事業場に、労働者の過半数で組織する労働組合がある場合においてはその労働組合、労働者の過半数で組織する労働組合がない場合においては労働者の過半数を代表する者との書面による協定をし、厚生労働省令で定めるところによりこれを行政官庁に届け出た場合においては、第三十二条から第三十二条の五まで若しくは第四十条の労働時間（以下この条において「労働時間」という。）又は前条の休日（以下この条において「休日」という。）に関する規定にかかわらず、その協定で定めるところによつて労働時間を延長し、又は休日に労働させることができる。
The following particulars are to be specified in the agreement referred to in the preceding paragraph:
前項の協定においては、次に掲げる事項を定めるものとする。
the range of workers whose working hours the employer may extend and whom the employer may have work on a day off, pursuant to the provisions of this Article;
the applicable period (this means the period during which the employer may extend the working hours or have a worker work on their days off pursuant to the provisions of this Article, and is to be limited to one year; the same applies in item (iv) of this paragraph and paragraph (6), item (iii) of this Article);
when the employer may extend the working hours or have a worker work on their days off;
the number of hours by which the employer may extend the working hours it has a worker work per day, month, and year during the applicable period; and the number of days off on which the employer may have the workers work during the applicable period;
particulars prescribed by Order of the Ministry of Health, Labour and Welfare as needing to be provided for in the agreement to ensure that the extension of working hours and work on days off are appropriate.
The limit to the number of hours by which the employer may extend the working hours it has a worker work referred to in item (iv) of the preceding paragraph is a number not exceeding the maximum of overtime, within the range of the overtime work that is ordinarily foreseeable in consideration of the volume of work at the workplace, trends in overtime work, and other similar circumstances.
The maximum amount of overtime referred to in the preceding paragraph is 45 hours per month and 360 hours per year (or 42 hours per month and 320 hours per year, if the employer has a worker work pursuant to the provisions of Article 32-4, after setting a period exceeding three months as the applicable period referred to in Article 32-4, paragraph (1), item (ii)).
前項の限度時間は、一箇月について四十五時間及び一年について三百六十時間（第三十二条の四第一項第二号の対象期間として三箇月を超える期間を定めて同条の規定により労働させる場合にあつては、一箇月について四十二時間及び一年について三百二十時間）とする。
Beyond what is stated in the items of paragraph (2), the agreement referred to in paragraph (1) may establish the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on their days off per month (limited in range to less than 100 hours including the hours prescribed in the agreement in connection with paragraph (2), item (iv)), as well as the number of hours by which the employer may extend the working hours it has a worker work per year (limited in range to less than 720 hours including the hours prescribed in the agreement in connection with that item), if it needs to temporarily have a worker work more than the maximum amount of overtime referred to in paragraph (3) due to an ordinarily unforeseeable, significant increase in the volume of work at the workplace, In this case, the agreement referred to in paragraph (1) must also prescribe the number of months (up to six months per year) in the applicable period referred to in paragraph (2), item (ii) during which the number of hours by which the employer extends the working hours it has a worker work may exceed 45 hours per month (or 42 hours per month, if the employer has a worker work pursuant to the provisions of Article 32-4 after setting a period exceeding three months as the applicable period referred to Article 32-4, paragraph (1), item (ii)).
第一項の協定においては、第二項各号に掲げるもののほか、当該事業場における通常予見することのできない業務量の大幅な増加等に伴い臨時的に第三項の限度時間を超えて労働させる必要がある場合において、一箇月について労働時間を延長して労働させ、及び休日において労働させることができる時間（第二項第四号に関して協定した時間を含め百時間未満の範囲内に限る。）並びに一年について労働時間を延長して労働させることができる時間（同号に関して協定した時間を含め七百二十時間を超えない範囲内に限る。）を定めることができる。この場合において、第一項の協定に、併せて第二項第二号の対象期間において労働時間を延長して労働させる時間が一箇月について四十五時間（第三十二条の四第一項第二号の対象期間として三箇月を超える期間を定めて同条の規定により労働させる場合にあつては、一箇月について四十二時間）を超えることができる月数（一年について六箇月以内に限る。）を定めなければならない。
Even if the employer extends the working hours it has a worker work or has a worker work on a day off pursuant to an agreement referred to in paragraph (1), it must ensure that the number of hours stated in one of the following items meets the requirement prescribed in that item:
the number of hours per day by which an employer has extended the working hours it has a worker work doing underground work or other operations particularly harmful to health that Order of the Ministry of Health, Labour and Welfare prescribes:the requirement is for this not to exceed two hours;
坑内労働その他厚生労働省令で定める健康上特に有害な業務について、一日について労働時間を延長して労働させた時間 二時間を超えないこと。
the number of hours per month by which the employer has extended the working hours it has had the worker work combined with the number of hours per month that it has had the worker work on a day off:the requirement is for this to be below 100 hours;
the monthly average number of hours by which the employer has extended the working hours it has had the worker work and the number of hours it has had the worker work on their days off, in the periods resulting when each of the one-month periods into which the applicable period has been divided, the first of which starts on the first day of the applicable period, is combined with the one-month, two-month, three-month, four-month, and five month periods immediately preceding it:the requirement is for this not to exceed 80 hours.
To ensure that the extension of working hours and work on their days off are appropriate, the Minister of Health, Labour and Welfare may establish guidelines on the things regarding which care is to be taken regarding the extension of working hours and work on their days off prescribed in agreements referred to in paragraph (1), premium wage rates associated with the extension of working hours, and other necessary particulars, in consideration of the health and welfare of workers, trends in overtime work, and other similar circumstances.
The employer and the labor union or person representing a majority of workers entering into an agreement referred to in paragraph (1), must ensure that the content of the agreement conforms to the guidelines referred to in the preceding paragraph in providing for the extension of working hours and work on their days off in that agreement.
The relevant government agency may provide the employer and the labor union or person representing a majority of workers entering into an agreement referred to in paragraph (1) with the necessary advice and guidance concerning the guidelines referred to in paragraph (7).
When providing the advice and guidance referred to in the preceding paragraph, the relevant government agency must make special considerations so as to ensure workers' health.
The provisions of paragraphs (3) through (5) and paragraph (6) (limited to the parts related to items (ii) and (iii)) do not apply to any work involved in the research and development of a new technology, product, or service.
第三項から第五項まで及び第六項（第二号及び第三号に係る部分に限る。）の規定は、新たな技術、商品又は役務の研究開発に係る業務については適用しない。
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
days off
「休日」
The weekly rest days required by Article 35 of the Labor Standards Act, as referred to within Article 36.
Short name set inArticle 36, paragraph (1)· applies only in this article
working hours
「労働時間」
The statutory working-hour limits of Articles 32 to 32-5 and 40 of the Labor Standards Act, as referred to within Article 36.
Short name set inArticle 36, paragraph (1)· applies only in this article
the applicable periodmachine translation
「対象期間」
In an agreement under Article 36, the period, limited to one year, during which working hours may be extended, or work done on days off, under that Article.
Defined inArticle 36, paragraph (2), item (ii)· applies only in this provision and in Article 36, paragraph (2), item (iv); and Article 36, paragraph (6), item (iii)