If, at a workplace where a committee has been established whose purpose is to examine and deliberate on wages, working hours, and other particulars of working conditions at the workplace concerned, and to state its opinions regarding these particulars to the person in control of the business (but only 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 scope of workers set forth in item (ii) carry out the work set forth in item (i) at that workplace, the worker is deemed to have worked the hours set forth 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 will not 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 (hereinafter referred to as "covered work" in this Article);
the scope of workers who have the knowledge, experience, and other attributes required to carry out the covered work properly, and who will be deemed to have worked the hours prescribed by the resolution when they have been engaged in that covered work;
the hours that will be assessed as the working hours of a worker engaged in covered work who falls within the scope of workers set forth in the preceding item;
that, as prescribed in that resolution, the employer will take measures to ensure the health and welfare of workers engaged in covered work who fall within the scope of workers set forth in item (ii), that are in line with those workers' working hours;
that, as prescribed in that resolution, the employer will take measures to process complaints from workers engaged in covered work who fall within the scope of workers set forth in item (ii);
that, when having a worker who falls within the scope of workers set forth in item (ii) perform covered work as prescribed in this paragraph, the employer must obtain the worker's consent to deem that worker to have worked the hours set forth in item (iii), and that it must not dismiss a worker who does consent to this or subject such a worker to other disadvantageous treatment;
the particulars that Order of the Ministry of Health, Labour and Welfare prescribes, beyond what is set forth in the preceding items.
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 have been 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 has been 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。
the requirements prescribed by Order of the Ministry of Health, Labour and Welfare, beyond what is set forth in the preceding two items.
前二号に掲げるもののほか、厚生労働省令で定める要件
In order 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 set and announce guidelines regarding the particulars set forth 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 particular as provided in Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraph (1) and paragraph (2), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, paragraph (1), paragraph (2) and paragraph (5), Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraph (4) and paragraph (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 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" in Article 32-2, paragraph (1) is deemed to be replaced with "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, or pursuant to a resolution of the committee referred to in Article 38-4, paragraph (1) (hereinafter referred to 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 paragraph (4) and paragraph (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 has been 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 has been 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 as 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 as 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 as 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 as 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。