一one engaged in business stated in item (vi) (excluding forestry) or (vii) of Appended Table 1;

二one in a position of supervision or management or of handling confidential affairs, regardless of the type of business;

三one engaged in monitoring or in intermittent work, for whom the employer has obtained permission from the relevant government agency.

一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);

二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:

イ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;

ロ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);

三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));

四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;

五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:

イ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;

ロ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;

ハ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).

ニ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.

六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;

七procedures related to a covered worker's revocation of consent under the provisions of this paragraph;

八that, as prescribed in that resolution, the employer will take measures to process complaints from covered workers who are engaged in covered work;

九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;

十beyond what is provided for in the preceding items, the particulars prescribed by that Order of the Ministry of Health, Labour and Welfare .