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) (referred to as a "covered worker" below in this paragraph) carry out the work stated 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 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 has not taken any 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 a highly 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 that work and the results obtained; and that an employer decides to have a worker carry out (referred to as "covered work" below in this paragraph);
the range 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 intends 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 annual wages, 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 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 (limited to 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 (referred to as the "working hours subject to health management" below in item (v), (b) and (d) and item (vi));
that, as prescribed in the resolution, the rules of employment, or anything similar to them, the employer will grant a covered worker engaged in covered work at least 104 days off over the course of a one year period and at least four days off over the course of a four week period;
that, as prescribed in the resolution, the rules of employment, or anything similar to them, 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 less 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 range not exceeding 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 that paid leave under the provisions of Article 39, if applicable).
implementing medical examinations (limited to examinations 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 another factor, falls under the requirements prescribed by Order of the Ministry of Health, Labour and Welfare, in consideration of maintaining the worker's health.
that the employer will take the measures to ensure the health and welfare of a covered worker engaged in covered work that are in line 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 examinations for covered workers;
procedures related to a covered worker's revocation of 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 covered work;
that the employer must not dismiss a covered worker who does not give consent under the provisions of this paragraph or subject that worker to other disadvantageous treatment;
beyond what is provided for in the preceding items, the particulars prescribed by that Order of the Ministry of Health, Labour and Welfare .
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.
前項の規定による届出をした使用者は、厚生労働省令で定めるところにより、同項第四号から第六号までに規定する措置の実施状況を行政官庁に報告しなければならない。
The provisions of Article 38-4, paragraphs (2), (3), and (5) apply mutatis mutandis to a committee referred to 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 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 necessary advice and guidance to committee members adopting the resolution 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。
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
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
expertise
「専門的知識等」
Specialized knowledge, skills or experience: a worker whose expertise is at a high level meeting standards set by the Minister of Health, Labour and Welfare, and whose work needs it, may sign a fixed-term labor contract of up to five years instead of three, and the same term is used for the covered work in Article 41-2, paragraph (1), item (1).
Short name set inArticle 14, paragraph (1), item (i)· applies only in this item and in Article 41-2, paragraph (1), item (i)
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)
covered worker
「対象労働者」
A worker within the range of workers that a workplace committee of employer and worker representatives sets by resolution under Article 41-2, paragraph (1): once such a worker has consented and is put on the covered work, the rules in this chapter on working hours, breaks, days off and late-night premium pay may cease to apply to them.
Short name set inArticle 41-2, paragraph (1)· applies only in this paragraph
covered work
「対象業務」
The work the employer assigns workers to under Article 41-2, chosen from the kinds an Ministry of Health, Labour and Welfare Order (厚生労働省令) lists as needing highly specialised knowledge and as work in which the hours put in are usually not closely tied to the results achieved.
Short name set inArticle 41-2, paragraph (1), item (i)· applies only in this paragraph
working hours subject to health management
「健康管理時間」
The total of the time a covered worker (対象労働者) doing covered work (対象業務) was present at the workplace — less any time other than working hours, of a kind a Ministry of Health, Labour and Welfare Order (厚生労働省令) specifies, that the committee (委員会) under Article 41-2, paragraph (1) resolves to leave out — and the time the worker worked away from the workplace, which the employer is to keep track of, as the committee's resolution provides, to look after the worker's health.
Short name set inArticle 41-2, paragraph (1), item (iii)· applies only in this provision and in Article 41-2, paragraph (1), item (vi); Article 41-2, paragraph (1), item (v), (b); and Article 41-2, paragraph (1), item (v), (d)