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 concerning 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) (hereinafter referred to as an "covered worker" in this paragraph) carry out the work set forth in item (i) at that workplace after obtaining the consent of the covered worker in writing or through another such means that is provided for by Order of the Ministry of Health, Labour and Welfare, the provisions prescribed in this Chapter concerning the working hours, breaks, days off and premium wages for work at night time do not apply to the covered worker; provided, however, that this does not apply if the employer does not take one of the measures provided for in items (iii) through (v):
賃金、労働時間その他の当該事業場における労働条件に関する事項を調査審議し、事業主に対し当該事項について意見を述べることを目的とする委員会（使用者及び当該事業場の労働者を代表する者を構成員とするものに限る。）が設置された事業場において、当該委員会がその委員の五分の四以上の多数による議決により次に掲げる事項に関する決議をし、かつ、使用者が、厚生労働省令で定めるところにより当該決議を行政官庁に届け出た場合において、第二号に掲げる労働者の範囲に属する労働者（以下この項において「対象労働者」という。）であつて書面その他の厚生労働省令で定める方法によりその同意を得たものを当該事業場における第一号に掲げる業務に就かせたときは、この章で定める労働時間、休憩、休日及び深夜の割増賃金に関する規定は、対象労働者については適用しない。ただし、第三号から第五号までに規定する措置のいずれかを使用者が講じていない場合は、この限りでない。
work that requires an advanced level of expertise; that Order of the Ministry of Health, Labour and Welfare prescribes as work which, due to its nature, is found not to ordinarily show a high correlation between time spent on the work and the result therefrom; and that the employer decides to have a worker carry out (hereinafter referred to as the "covered work" in this paragraph);
the scope of workers to whom all of the following apply during the period in which they are working pursuant to the provisions of this paragraph, and whom the employer seeks to have carry out the covered work:
that the duties are clearly defined based on an agreement that the worker and the employer have reached in writing or by another such means that Order of the Ministry of Health, Labour and Welfare prescribes;
使用者との間の書面その他の厚生労働省令で定める方法による合意に基づき職務が明確に定められていること。
that the amount of wages per year, as calculated based on the amount of wages that are expected to be paid by the employer based on the labor contract, will be at least the amount prescribed by Order of the Ministry of Health, Labour and Welfare as a level that is considerably higher than triple the standardized annual average salary (meaning the average salary per worker that is calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare based on salaries paid on a monthly basis as provided in the Monthly Labor Survey compiled by the Ministry of Health, Labour and Welfare);
that, as prescribed in that resolution, the employer will take measures (but only by a means prescribed by Order of the Ministry of Health, Labour and Welfare) to assess the total amount of time that a covered worker engaged in covered work has worked both at the workplace (excluding the time outside of working hours prescribed by Order of the Ministry of Health, Labour and Welfare that the committee referred to in this paragraph has resolved to exclude, if applicable) and outside the workplace, in order to undertake health management for that covered worker (hereinafter referred to as the "working hours subject to health management" in item (v), (b) and (d) and item (vi));
that, as prescribed in the resolution, the rules of employment, or anything similar thereto, the employer will grant a covered worker engaged in covered work at least 104 days off over the course of one year's time and at least four days off over the course of four weeks' time;
that, as prescribed in the resolution, the rules of employment, or anything similar thereto, the employer will take one of the following measures for a covered worker engaged in covered work:
ensuring that each worker has a continuous rest period of at least the length of time prescribed by Order of the Ministry of Health, Labour and Welfare during the time from the beginning of work until 24 hours later, and limiting the number of times per month the employer has each worker work between the hours prescribed in Article 37, paragraph (4) to not more than the number of times prescribed by Order of the Ministry of Health, Labour and Welfare;
keeping the working hours subject to health management per month and per three-month period within a scope that does not exceed the number of hours prescribed by Order of the Ministry of Health, Labour and Welfare;
健康管理時間を一箇月又は三箇月についてそれぞれ厚生労働省令で定める時間を超えない範囲内とすること。
granting that worker a continuous two-week period of days off at least once per year (or a continuous one-week period of days off at least twice per year, if the worker so requests) (excluding any days during that period for which the employer has granted the worker the paid leave under the provisions of Article 39, if applicable).
implementing medical checkups (but only checkups that include the items prescribed by Order of the Ministry of Health, Labour and Welfare) for a worker for whom the status of the working hours subject to health management or something else falls under the requirements prescribed by Order of the Ministry of Health, Labour and Welfare, in consideration of maintaining the worker's health.
健康管理時間の状況その他の事項が労働者の健康の保持を考慮して厚生労働省令で定める要件に該当する労働者に健康診断（厚生労働省令で定める項目を含むものに限る。）を実施すること。
the employer will take the measures to ensure the health and welfare of a covered worker engaged in covered work that are in keeping with the status of that worker's working hours subject to health management, and that the resolution prescribes, from among the measures prescribed by Order of the Ministry of Health, Labour and Welfare, including the granting of paid leave (other than the paid leave under the provisions of Article 39) and the implementation of medical checkups for covered workers;
procedures related to a covered worker's revocation of the consent under the provisions of this paragraph;
that, as prescribed in that resolution, the employer will take measures to process complaints from covered workers who are engaged in the covered work;
that the employer must not dismiss a covered worker who does not give the consent under the provisions of this paragraph 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
Having filed a notification under the provisions of the preceding paragraph, an employer must report the implementation status of the measures prescribed in items (iv) through (vi) of the preceding paragraph, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
The provisions of Article 38-4, paragraph (2), paragraph (3), and paragraph (5) apply mutatis mutandis to a committee as set forth in paragraph (1).
第三十八条の四第二項、第三項及び第五項の規定は、第一項の委員会について準用する。
The committee members adopting a resolution as referred to in paragraph (1) must ensure that the content of the resolution conforms to the guidelines referred to in Article 38-4, paragraph (3), as applied mutatis mutandis pursuant to the preceding paragraph.
第一項の決議をする委員は、当該決議の内容が前項において準用する第三十八条の四第三項の指針に適合したものとなるようにしなければならない。
The relevant government agency may provide the necessary advice and guidance to the committee members adopting the resolution as referred to in paragraph (1) concerning the guidelines referred to in Article 38-4, paragraph (3), as applied mutatis mutandis pursuant to paragraph (3).
行政官庁は、第三項において準用する第三十八条の四第三項の指針に関し、第一項の決議をする委員に対し、必要な助言及び指導を行うことができる。