If an employer extends the working hours or has a worker work on a day off pursuant to the provisions of Article 33 or paragraph (1) of the preceding Article, it must pay premium wages for work during those hours or on those days at a rate of at least the rate prescribed by Cabinet Order within the range of not less than 25 percent and not more than 50 percent over the normal wage per working hour or working day; provided, however, that if the number of hours by which employer has extended the working hours it has an employee work exceeds 60 hours in one month, the employer must pay premium wages for work during hours in excess of those 60 hours at a rate not less than 50 percent over the normal wage per working hour.
The Cabinet Order set forth in the preceding paragraph is to be established in consideration of the welfare of workers, the trends in off-hours work and work on days off, and other such circumstances.
If, in 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 has established that, instead of paying the worker premium wages, it will grant a worker to whom premium wages are to be paid pursuant to the provisions of the proviso of paragraph (1) leave during which the normal wage per working hour will be paid (this excludes paid leave under the provisions of Article 39) pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, and such a worker takes that leave, the employer is not required to pay premium wages under the provisions of the proviso to that paragraph for work performed during the hours prescribed by Order of the Ministry of Health, Labour and Welfare as hours corresponding to the leave the worker has taken for that work in excess of the hours prescribed in the proviso to that paragraph.
使用者が、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ときはその労働組合、労働者の過半数で組織する労働組合がないときは労働者の過半数を代表する者との書面による協定により、第一項ただし書の規定により割増賃金を支払うべき労働者に対して、当該割増賃金の支払に代えて、通常の労働時間の賃金が支払われる休暇（第三十九条の規定による有給休暇を除く。）を厚生労働省令で定めるところにより与えることを定めた場合において、当該労働者が当該休暇を取得したときは、当該労働者の同項ただし書に規定する時間を超えた時間の労働のうち当該取得した休暇に対応するものとして厚生労働省令で定める時間の労働については、同項ただし書の規定による割増賃金を支払うことを要しない。
If an employer has a worker work between 10 p.m. and 5 a.m. (or between 11 p.m. and 6 a.m. in the areas or during the times of year that the Minister of Health, Labour and Welfare prescribes, if the minister finds this to be necessary), the employer must pay premium wages for work during those hours at a rate not less than 25 percent over the normal wage per working hour.
Family allowances, commutation allowances, and other wages prescribed by Order of the Ministry of Health, Labour and Welfare are not included in the calculation of the wage that forms the basis for the premium wages referred to in paragraph (1) and the preceding paragraph.