If, at a workplace where a committee is established with the purpose of examining and deliberating on wages, working hours, and other particulars of working conditions at that workplace, and to state its opinions regarding these particulars to the person in control of the business (limited to a committee that has the employer and representatives of workers at the workplace as its members), that committee adopts a resolution by a majority of four-fifths or more of its members regarding the following particulars and the employer notifies the relevant government agency of that resolution pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare; and if the employer has a worker falling under the range of workers stated in item (ii) carry out the work stated in item (i) at that workplace, the worker is deemed to have worked the hours stated in item (iii) pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:
work in the planning, drafting, researching, and analyzing of particulars involved in business operations, for which the employer is not to give concrete directions regarding things such as decisions about how that work is carried out and the allocation of time to that work, since the nature of the work is such that, in order for it to be carried out properly, the way in which it is carried out needs to be left largely to the discretion of the worker (referred to as "covered work" below in this Article);
the range of workers who have the knowledge, experience, and other attributes required to carry out the covered work properly, and who is to be deemed to have worked the hours prescribed by the resolution when they are assigned to that covered work;
the hours that is assessed as the working hours of a worker engaged in covered work who falls within the range of the workers stated in the preceding item;
that, as prescribed in that resolution, the employer take measures to ensure that the health and welfare of workers engaged in covered work who fall within the range of workers stated in item (ii), that are in line with those workers' working hours;
that, as prescribed in that resolution, the employer take measures to process complaints from workers engaged in covered work who fall within the range of workers stated in item (ii);
that, when having a worker who falls within the range of workers stated in item (ii) perform covered work pursuant to the provisions of this paragraph, the employer must obtain that worker's consent to deem that worker to have worked the hours stated in item (iii), and that it must not dismiss a worker who does not consent to this or subject that worker to other disadvantageous treatment;
beyond what is provided for in the preceding items, the matters that Order of the Ministry of Health, Labour and Welfare prescribes.
前各号に掲げるもののほか、厚生労働省令で定める事項
The committee referred to in the preceding paragraph must be one that conforms to the following items:
前項の委員会は、次の各号に適合するものでなければならない。
one half of the members of that committee are appointed for a set term of office pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare by the labor union that is organized by a majority of the workers at that workplace, if there is one, or by a person representing a majority of the workers at that workplace, if there is no such union;
当該委員会の委員の半数については、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に厚生労働省令で定めるところにより任期を定めて指名されていること。
minutes of the meetings of that committee are prepared and maintained pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, and are made known to the workers at the relevant workplace;
当該委員会の議事について、厚生労働省令で定めるところにより、議事録が作成され、かつ、保存されるとともに、当該事業場の労働者に対する周知が図られていること。
beyond what is provided for in the preceding two items, the requirements prescribed by Order of the Ministry of Health, Labour and Welfare.
前二号に掲げるもののほか、厚生労働省令で定める要件
To ensure appropriate working conditions for workers engaged in covered work, and after hearing the opinion of the Labor Policy Council, the Minister of Health, Labour and Welfare is to establish and announce guidelines regarding the particulars stated in each item of paragraph (1) and other particulars decided upon by the committee referred to in that paragraph.
Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, an employer that has filed a notification under paragraph (1) must regularly report on the state of implementation of the measures provided for in item (iv) of that paragraph to the relevant government agency.
To apply the provisions of Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraphs (1) through (3), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (9) of the following Article, if the committee referred to in paragraph (1) makes a decision by a majority of four-fifths or more of the members regarding a matter provided in Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraphs (1) and (2), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, paragraphs (1), (2) and (5), Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (9) of the following Article, the phrase "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" in Article 32-2, paragraph (1) is deemed to be replaced with "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, or pursuant to a resolution of the committee referred to in Article 38-4, paragraph (1) (referred to below as a 'resolution', except in Article 106, paragraph (1))"; the term "written agreement" in Article 32-3, paragraph (1), Article 32-4, paragraphs (1) through (3), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, paragraph (2) and paragraphs (5) through (7), Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (7) of the following Article is deemed to be replaced with "written agreement or resolution"; the phrase "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" in Article 32-4, paragraph (2) is deemed to be replaced with "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, or based on a resolution"; the phrases "has filed a notification of this agreement" and "in accordance with the provisions of that agreement" in Article 36, paragraph (1) are deemed to be replaced respectively with "has filed a notification of this agreement or resolution" and "in accordance with the provisions of that agreement or resolution"; the phrases "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1)" and "that agreement" in Article 36, paragraph (8) are deemed to be replaced respectively with "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1), or the committee members making the resolution referred to in that paragraph" and "that agreement or resolution"; and the phrase "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1)" in Article 36, paragraph (9) is deemed to be replaced with "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1), or the committee members making the resolution referred to in that paragraph".
第一項の委員会においてその委員の五分の四以上の多数による議決により第三十二条の二第一項、第三十二条の三第一項、第三十二条の四第一項及び第二項、第三十二条の五第一項、第三十四条第二項ただし書、第三十六条第一項、第二項及び第五項、第三十七条第三項、第三十八条の二第二項、前条第一項並びに次条第四項、第六項及び第九項ただし書に規定する事項について決議が行われた場合における第三十二条の二第一項、第三十二条の三第一項、第三十二条の四第一項から第三項まで、第三十二条の五第一項、第三十四条第二項ただし書、第三十六条、第三十七条第三項、第三十八条の二第二項、前条第一項並びに次条第四項、第六項及び第九項ただし書の規定の適用については、第三十二条の二第一項中「協定」とあるのは「協定若しくは第三十八条の四第一項に規定する委員会の決議（第百六条第一項を除き、以下「決議」という。）」と、第三十二条の三第一項、第三十二条の四第一項から第三項まで、第三十二条の五第一項、第三十四条第二項ただし書、第三十六条第二項及び第五項から第七項まで、第三十七条第三項、第三十八条の二第二項、前条第一項並びに次条第四項、第六項及び第九項ただし書中「協定」とあるのは「協定又は決議」と、第三十二条の四第二項中「同意を得て」とあるのは「同意を得て、又は決議に基づき」と、第三十六条第一項中「届け出た場合」とあるのは「届け出た場合又は決議を行政官庁に届け出た場合」と、「その協定」とあるのは「その協定又は決議」と、同条第八項中「又は労働者の過半数を代表する者」とあるのは「若しくは労働者の過半数を代表する者又は同項の決議をする委員」と、「当該協定」とあるのは「当該協定又は当該決議」と、同条第九項中「又は労働者の過半数を代表する者」とあるのは「若しくは労働者の過半数を代表する者又は同項の決議をする委員」とする。
Read this with the articles around it
business
「事業」
A business or office at which people are employed; the unit to which the Labor Standards Act applies.
Short name set inArticle 9, paragraph (1)
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
wagemachine translation
「賃金」
Everything an employer pays a worker in return for work, whatever it is called: wages, salary, allowances or bonuses.
Defined inArticle 11, paragraph (1)· applies throughout the law
covered work
「対象業務」
Under Article 38-4, planning, drafting, research and analysis work on the running of the business which, to be done properly, must be left largely to the worker's own judgement, so that the employer gives no specific instructions on how it is done or how time is spent on it.
Short name set inArticle 38-4, paragraph (1), item (i)· applies only in this article
resolutionmachine translation
「決議」
A resolution adopted by a four-fifths majority of the labor-management committee under Labor Standards Act Article 38-4, paragraph (1).
Short name set inArticle 38-4, paragraph (5)· applies from here on, except in Article 106, paragraph (1)
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.