Supplementary Provisions
附 則
Supplementary Provisions, Article 122
第百二十二条
The date on which this Act comes into effect is specified by Imperial Ordinance.
この法律施行の期日は、勅令で、これを定める。
Supplementary Provisions, Article 123
第百二十三条
The Factory Act, the Minimum Age of Industrial Workers Act, the workers' Accident Relief Act, the Shops Act, the Act Prohibiting the Manufacture of Yellow Phosphorus Matches and Act No. 87 of 1939 are repealed.
工場法、工業労働者最低年齢法、労働者災害扶助法、商店法、黄燐燐寸製造禁止法及び昭和十四年法律第八十七号は、これを廃止する。
Supplementary Provisions, Article 129
第百二十九条
With regard to accident compensation in the case where a worker was injured, contracted a disease or died in the course of employment before this Act comes into effect, the provisions of the former Act concerning relief remain applicable.
この法律施行前、労働者が業務上負傷し、疾病にかかり、又は死亡した場合における災害補償については、なお旧法の扶助に関する規定による。
Supplementary Provisions, Article 131
第百三十一条
With regard to the application of the provisions of Article 32, paragraph (1) (excluding the case where they are applied with the replacement of terms pursuant to the provisions of Article 60, paragraph (2)) to a business of a size not exceeding that specified by order or a business in a type of industry specified by order, until March 31, 1997, the term "40 hours" in Article 32, paragraph (1) is deemed to be replaced with "the hours specified by order within the range of more than 40 hours and not more than 44 hours".
The order under Article 32, paragraph (1) as applied with the replacement of terms pursuant to the provisions of the preceding paragraph is to be specified in consideration of the welfare of workers, trends in working hours and other circumstances.
In the case where the order under Article 32, paragraph (1) as applied with the replacement of terms pursuant to the provisions of paragraph (1) is enacted or amended, that order may specify transitional measures (including transitional measures concerning penal provisions) to the effect that, with regard to a business of a size not exceeding a certain size or a business in a certain type of industry, the rules prior to the enactment or amendment of that order are followed, limited to a certain period.
When the Minister of Labour intends to draft the enactment or amendment of the order under Article 32, paragraph (1) as applied with the replacement of terms pursuant to the provisions of paragraph (1), the Minister must hear the opinions of the Central Labor Standards Council in advance.
Supplementary Provisions, Article 132
第百三十二条
With regard to the application of the provisions of Article 32-4, paragraph (1) to the businesses prescribed in paragraph (1) of the preceding Article while the provisions of that paragraph apply, the phrase "if the employer has specified the following matters, notwithstanding the provisions of Article 32, under that agreement" in the part of Article 32-4, paragraph (1) other than the items is deemed to be replaced with "the following matters and"; the phrase "working hours do not exceed 40 hours" is deemed to be replaced with "working hours are to be not more than 40 hours (or, for a business of a size not exceeding that specified by order, the hours specified by order within the range of more than 40 hours and not more than 42 hours), and has specified that, if the employer has had a worker work beyond those hours, premium wages are paid for the work during the excess hours (excluding hours to which the provisions of Article 37, paragraph (1) apply) in accordance with the provisions of that Article, notwithstanding the provisions of Article 32, the average working hours per week over that period do not exceed the working hours under paragraph (1) of that Article"; the phrase "may have the worker work" is deemed to be replaced with "may have the worker work. In this case, if the employer has had a worker work more than 40 hours per week on average over that period (or, for a business of a size not exceeding that specified by the order referred to in the preceding sentence, the hours specified by the order referred to in the preceding sentence), the employer must pay premium wages for the work during the excess hours (excluding hours to which the provisions of Article 37, paragraph (1) apply) in accordance with the provisions of Article 37"; and the term "40 hours" in item (ii) of that paragraph is deemed to be replaced with "the working hours under Article 32, paragraph (1)".
前条第一項の規定が適用される間における同項に規定する事業に係る第三十二条の四第一項の規定の適用については、同項各号列記以外の部分中「次に掲げる事項を定めたときは、第三十二条の規定にかかわらず、その協定で」とあるのは「次に掲げる事項及び」と、「労働時間が四十時間」とあるのは「労働時間を四十時間(命令で定める規模以下の事業にあつては、四十時間を超え四十二時間以下の範囲内において命令で定める時間)以内とし、当該時間を超えて労働させたときはその超えた時間(第三十七条第一項の規定の適用を受ける時間を除く。)の労働について同条の規定の例により割増賃金を支払う定めをしたときは、第三十二条の規定にかかわらず、当該期間を平均し一週間当たりの労働時間が同条第一項の労働時間」と、「労働させることができる」とあるのは「労働させることができる。この場合において、使用者は、当該期間を平均し一週間当たり四十時間(前段の命令で定める規模以下の事業にあつては、前段の命令で定める時間)を超えて労働させたときは、その超えた時間(第三十七条第一項の規定の適用を受ける時間を除く。)の労働について、第三十七条の規定の例により割増賃金を支払わなければならない」と、同項第二号中「四十時間」とあるのは「第三十二条第一項の労働時間」とする。
With regard to the application of the provisions of Article 32-5, paragraph (1) to the businesses prescribed in paragraph (1) of the preceding Article while the provisions of that paragraph apply, the phrase "there is an agreement" in Article 32-5, paragraph (1) is deemed to be replaced with "has specified by an agreement that the working hours per week are to be not more than 40 hours (or, for a business of a size not exceeding that specified by order, the hours specified by order within the range of more than 40 hours and not more than 42 hours) and that, if the employer has had a worker work beyond those hours, premium wages are paid for the work during the excess hours (excluding hours to which the provisions of Article 37, paragraph (1) apply) in accordance with the provisions of that Article"; the phrase "per day" is deemed to be replaced with "per day, within the range not exceeding the working hours under paragraph (1) of that Article per week"; and the phrase "may have the worker work" is deemed to be replaced with "may have the worker work. In this case, if the employer has had a worker work more than 40 hours per week (or, for a business of a size not exceeding that specified by the order referred to in the preceding sentence, the hours specified by the order referred to in the preceding sentence), the employer must pay premium wages for the work during the excess hours (excluding hours to which the provisions of Article 37, paragraph (1) apply) in accordance with the provisions of Article 37".
前条第一項の規定が適用される間における同項に規定する事業に係る第三十二条の五第一項の規定の適用については、同項中「協定がある」とあるのは「協定により、一週間の労働時間を四十時間(命令で定める規模以下の事業にあつては、四十時間を超え四十二時間以下の範囲内において命令で定める時間)以内とし、当該時間を超えて労働させたときはその超えた時間(第三十七条第一項の規定の適用を受ける時間を除く。)の労働について同条の規定の例により割増賃金を支払う定めをした」と、「一日について」とあるのは「一週間について同条第一項の労働時間を超えない範囲内において、一日について」と、「労働させることができる」とあるのは「労働させることができる。この場合において、使用者は、一週間について四十時間(前段の命令で定める規模以下の事業にあつては、前段の命令で定める時間)を超えて労働させたときは、その超えた時間(第三十七条第一項の規定の適用を受ける時間を除く。)の労働について、第三十七条の規定の例により割増賃金を支払わなければならない」とする。
The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the orders under Article 32-4, paragraph (1) and Article 32-5, paragraph (1) (limited to the part whose terms are replaced pursuant to the provisions of paragraph (2)) as applied with the replacement of terms pursuant to the provisions of the preceding two paragraphs.
前条第四項の規定は、前二項の規定により読み替えて適用する第三十二条の四第一項及び第三十二条の五第一項(第二項の規定により読み替えた部分に限る。)の命令について準用する。
Supplementary Provisions, Article 133
第百三十三条
In establishing the standards under Article 36, paragraph (2), in view of the fact that, on and after April 1, 1999, the provisions of paragraph (1) and paragraph (2) of Article 64-2 have ceased to apply to women aged 18 years or older who do not fall under the persons specified by the order prescribed in paragraph (4) of that Article prior to the amendment by the provisions of Article 4 of the Act on the Arrangement of Relevant Acts of the Ministry of Labour for Ensuring Equal Opportunity and Treatment between Men and Women in Employment (Act No. 92 of 1997), and in consideration of the effect that significant changes in the working lives of workers who, among those women, raise children or provide care for family members (limited to those specified by Order of the Ministry of Health, Labour and Welfare; hereinafter referred to as "specified workers" in this Article) have on their family lives, the Minister of Health, Labour and Welfare is to establish, for the period specified by Order of the Ministry of Health, Labour and Welfare, the standards for the limit on the extension of working hours to be specified in the agreement under Article 36, paragraph (1) with regard to specified workers (limited to those who have requested the employer to shorten their overtime work) separately from, and as shorter than, the standards for the limit on the extension of working hours to be specified in the agreement under that paragraph with regard to persons other than those specified workers. In this case, the standards for the limit on the extension of working hours per year must not exceed 150 hours.
厚生労働大臣は、第三十六条第二項の基準を定めるに当たつては、満十八歳以上の女性のうち雇用の分野における男女の均等な機会及び待遇の確保等のための労働省関係法律の整備に関する法律(平成九年法律第九十二号)第四条の規定による改正前の第六十四条の二第四項に規定する命令で定める者に該当しない者について平成十一年四月一日以後同条第一項及び第二項の規定が適用されなくなつたことにかんがみ、当該者のうち子の養育又は家族の介護を行う労働者(厚生労働省令で定める者に限る。以下この条において「特定労働者」という。)の職業生活の著しい変化がその家庭生活に及ぼす影響を考慮して、厚生労働省令で定める期間、特定労働者(その者に係る時間外労働を短いものとすることを使用者に申し出た者に限る。)に係る第三十六条第一項の協定で定める労働時間の延長の限度についての基準は、当該特定労働者以外の者に係る同項の協定で定める労働時間の延長の限度についての基準とは別に、これより短いものとして定めるものとする。この場合において、一年についての労働時間の延長の限度についての基準は、百五十時間を超えないものとしなければならない。
Supplementary Provisions, Article 134
第百三十四条
With regard to the application of the provisions of Article 39 to a business that regularly employs 300 or fewer workers, the term "10 working days" in paragraph (1) of that Article is deemed to be replaced with "6 working days" until March 31, 1991, and the term "10 working days" in that paragraph is deemed to be replaced with "8 working days" from April 1, 1991 until March 31, 1994.
Supplementary Provisions, Article 135
第百三十五条
With regard to the application of the provisions of Article 39 to a worker for whom the day following the day on which the number of years of continuous service counted from the six-month mark reaches any number of years from four to eight falls within the period from April 1, 1999 to March 31, 2000, until that date, the terms set forth in the middle column of the following table in the table in paragraph (2) of that Article are deemed to be replaced with the terms set forth in the right-hand column of that table, according to the category of the number of years of continuous service counted from the six-month mark set forth in the left-hand column of the following table.
| Four years | Six working days | Five working days |
| Five years | Eight working days | Six working days |
| Six years | Ten working days | Seven working days |
| Seven years | Ten working days | Eight working days |
| Eight years | Ten working days | Nine working days |
With regard to the application of the provisions of Article 39 to a worker for whom the day following the day on which the number of years of continuous service counted from the six-month mark reaches any number of years from five to seven falls within the period from April 1, 2000 to March 31, 2001, during the period from April 1, 2000 to March 31, 2001, the terms set forth in the middle column of the following table in the table in paragraph (2) of that Article are deemed to be replaced with the terms set forth in the right-hand column of that table, according to the category of the number of years of continuous service counted from the six-month mark set forth in the left-hand column of the following table.
| Five years | Eight working days | Seven working days |
| Six years | Ten working days | Eight working days |
| Seven years | Ten working days | Nine working days |
The provisions of the preceding two paragraphs do not apply to the minors prescribed in Article 72.
Supplementary Provisions, Article 136
第百三十六条
Supplementary Provisions, Article 137
第百三十七条
A worker who has concluded a labor contract with a fixed term (excluding one that specifies the period necessary for the completion of a certain business, and limited to one whose term exceeds one year) (excluding the workers prescribed in the items of Article 14, paragraph (1)) may, until the measures prescribed in Article 3 of the Supplementary Provisions of the Act Partially Amending the Labor Standards Act (Act No. 104 of 2003) are taken, resign at any time on or after the day on which one year has elapsed from the first day of the term of that labor contract by notifying the employer, notwithstanding the provisions of Article 628 of the Civil Code.
Supplementary Provisions, Article 139
第百三十九条
With regard to the application of the provisions of Article 36 to the business of constructing structures (limited to the business of restoration and reconstruction in times of disaster) and other businesses specified by Order of the Ministry of Health, Labour and Welfare as businesses related thereto, for the time being, the phrase "hours (limited to within the range of less than 100 hours, including the hours agreed upon with regard to paragraph (2), item (iv))" in paragraph (5) of that Article is deemed to be replaced with "hours", and the phrase "that item" is deemed to be replaced with "paragraph (2), item (iv)", and the provisions of paragraph (6) of that Article (limited to the parts related to item (ii) and item (iii)) do not apply.
Notwithstanding the provisions of the preceding paragraph, with regard to the business of constructing structures and other businesses specified by Order of the Ministry of Health, Labour and Welfare as businesses related thereto, until March 31, 2024 (or, with regard to an agreement under Article 36, paragraph (1) that specifies a period including that day and the following day, until the day on which one year elapses counting from the first day of the period specified in that agreement), the phrase "one month and" in paragraph (2), item (iv) of that Article is deemed to be replaced with "a period of more than one day and not more than three months specified by the employer and the labor union or the person representing a majority of the workers who conclude the agreement under the preceding paragraph, and", and the provisions of paragraphs (3) through (5) and paragraph (6) (limited to the parts related to item (ii) and item (iii)) of that Article do not apply.
Supplementary Provisions, Article 140
第百四十条
With regard to the application of the provisions of Article 36 to the work of general passenger vehicle transportation business (meaning the general passenger vehicle transportation business prescribed in Article 3, item (i), (c) of the Road Transportation Act (Act No. 183 of 1951)), the work of motor truck transportation business (meaning the motor truck transportation business prescribed in Article 2, paragraph (1) of the Motor Truck Transportation Business Act (Act No. 83 of 1989)) and other work of driving motor vehicles specified by Order of the Ministry of Health, Labour and Welfare, for the time being, the phrase "may specify hours (limited to within the range of less than 100 hours, including the hours agreed upon with regard to paragraph (2), item (iv)) and the hours for which working hours may be extended and the worker may be made to work per year (limited to within the range not exceeding 720 hours, including the hours agreed upon with regard to that item). In this case, the agreement under paragraph (1) must also specify the number of months (limited to not more than six months per year) in which the hours for which working hours are extended and the worker is made to work in the applicable period under paragraph (2), item (ii) may exceed 45 hours per month (or 42 hours per month, in the case where the worker is made to work pursuant to the provisions of Article 32-4 with a period exceeding three months specified as the applicable period under paragraph (1), item (ii) of that Article)" in paragraph (5) of that Article is deemed to be replaced with "may specify hours and the hours for which working hours may be extended and the worker may be made to work per year (limited to within the range not exceeding 960 hours, including the hours agreed upon with regard to paragraph (2), item (iv))", and the provisions of paragraph (6) of that Article (limited to the parts related to item (ii) and item (iii)) do not apply.
一般乗用旅客自動車運送事業(道路運送法(昭和二十六年法律第百八十三号)第三条第一号ハに規定する一般乗用旅客自動車運送事業をいう。)の業務、貨物自動車運送事業(貨物自動車運送事業法(平成元年法律第八十三号)第二条第一項に規定する貨物自動車運送事業をいう。)の業務その他の自動車の運転の業務として厚生労働省令で定める業務に関する第三十六条の規定の適用については、当分の間、同条第五項中「時間(第二項第四号に関して協定した時間を含め百時間未満の範囲内に限る。)並びに一年について労働時間を延長して労働させることができる時間(同号に関して協定した時間を含め七百二十時間を超えない範囲内に限る。)を定めることができる。この場合において、第一項の協定に、併せて第二項第二号の対象期間において労働時間を延長して労働させる時間が一箇月について四十五時間(第三十二条の四第一項第二号の対象期間として三箇月を超える期間を定めて同条の規定により労働させる場合にあつては、一箇月について四十二時間)を超えることができる月数(一年について六箇月以内に限る。)を定めなければならない」とあるのは、「時間並びに一年について労働時間を延長して労働させることができる時間(第二項第四号に関して協定した時間を含め九百六十時間を超えない範囲内に限る。)を定めることができる」とし、同条第六項(第二号及び第三号に係る部分に限る。)の規定は適用しない。
Notwithstanding the provisions of the preceding paragraph, with regard to the work prescribed in that paragraph, until March 31, 2024 (or, with regard to an agreement under Article 36, paragraph (1) that specifies a period including that day and the following day, until the day on which one year elapses counting from the first day of the period specified in that agreement), the phrase "one month and" in paragraph (2), item (iv) of that Article is deemed to be replaced with "a period of more than one day and not more than three months specified by the employer and the labor union or the person representing a majority of the workers who conclude the agreement under the preceding paragraph, and", and the provisions of paragraphs (3) through (5) and paragraph (6) (limited to the parts related to item (ii) and item (iii)) of that Article do not apply.
Supplementary Provisions, Article 141
第百四十一条
With regard to the application of the provisions of Article 36 to physicians engaged in medical practice (limited to those specified by Order of the Ministry of Health, Labour and Welfare as persons necessary for securing the system for providing medical care), for the time being, the phrase "for each of the periods of one day, one month and one year in" in paragraph (2), item (iv) of that Article is deemed to be replaced with "in", the phrase "limit hours" in paragraph (3) of that Article is deemed to be replaced with "limit hours and the hours specified by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of workers", and the provisions of paragraph (5) and paragraph (6) (limited to the parts related to item (ii) and item (iii)) of that Article do not apply.
In the case referred to in the preceding paragraph, in addition to the matters set forth in the items of Article 36, paragraph (2), the agreement under paragraph (1) of that Article may specify, for the case where it is necessary to have workers work temporarily beyond the hours specified by Order of the Ministry of Health, Labour and Welfare under paragraph (3) of that Article as applied with the replacement of terms pursuant to the provisions of the preceding paragraph due to a substantial increase in the volume of work that cannot normally be foreseen at the workplace or other such circumstances, the hours for which workers may be made to work beyond the hours agreed upon with regard to paragraph (2), item (iv) of that Article (limited to within the range not exceeding the hours and the number of months prescribed in paragraph (5) of that Article and the hours specified by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of workers, including the hours agreed upon with regard to that item) and other matters specified by Order of the Ministry of Health, Labour and Welfare.
In the case referred to in paragraph (1), even if an employer extends working hours and has a worker work, or has a worker work on days off, as provided for in the agreement under Article 36, paragraph (1), the employer must not have the worker work beyond the requirements prescribed in paragraph (6) of that Article and the hours specified by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of workers.
Notwithstanding the provisions of the preceding three paragraphs, with regard to physicians engaged in medical practice, until March 31, 2024 (or, with regard to an agreement under Article 36, paragraph (1) that specifies a period including that day and the following day, until the day on which one year elapses counting from the first day of the period specified in that agreement), the phrase "one month and" in paragraph (2), item (iv) of that Article is deemed to be replaced with "a period of more than one day and not more than three months specified by the employer and the labor union or the person representing a majority of the workers who conclude the agreement under the preceding paragraph, and", and the provisions of paragraphs (3) through (5) and paragraph (6) (limited to the parts related to item (ii) and item (iii)) of that Article do not apply.
A person who violates the provisions of paragraph (3) is punished by imprisonment for not more than six months or by a fine of not more than 300,000 yen.
第三項の規定に違反した者は、六月以下の拘禁刑又は三十万円以下の罰金に処する。
Supplementary Provisions, Article 142
第百四十二条
With regard to the application of the provisions of Article 36 to the business of manufacturing sugar in Kagoshima Prefecture and Okinawa Prefecture, until March 31, 2024 (or, with regard to an agreement under paragraph (1) of that Article that specifies a period including that day and the following day, until the day on which one year elapses counting from the first day of the period specified in that agreement), the phrase "hours (limited to within the range of less than 100 hours, including the hours agreed upon with regard to paragraph (2), item (iv))" in paragraph (5) of that Article is deemed to be replaced with "hours", and the phrase "that item" is deemed to be replaced with "paragraph (2), item (iv)", and the provisions of paragraph (6) of that Article (limited to the parts related to item (ii) and item (iii)) do not apply.
Supplementary Provisions, Article 143
第百四十三条
With regard to the application of the provisions of Article 109, for the time being, the term "five years" in that Article is deemed to be replaced with "three years".
With regard to the application of the provisions of Article 114, for the time being, the term "five years" in the proviso to that Article is deemed to be replaced with "three years".
With regard to the application of the provisions of Article 115, for the time being, the phrase "a claim for wages, for five years from the time when it becomes exercisable" in that Article is deemed to be replaced with "a claim for retirement allowances, for five years from the time when it becomes exercisable, and a claim for wages (excluding retirement allowances) under the provisions of this Act, for three years from the time when it becomes exercisable".