With respect to a worker to whose working hours, as of March 31, 1997, the provisions of Article 32-4, paragraph (1) or Article 32-5, paragraph (1) of the new Labor Standards Act as applied with the replacement of terms pursuant to Article 132, paragraph (1) or (2) of the new Labor Standards Act apply, with regard to work during the excess hours (excluding hours to which the provisions of Article 37, paragraph (1) of the new Labor Standards Act apply) when an employer has had the worker work more than 40 hours per week on average over the applicable period referred to in item (ii) of Article 32-4, paragraph (1) of the new Labor Standards Act as applied with the replacement of terms pursuant to Article 132, paragraph (1) of the new Labor Standards Act that includes that day and is provided for in an agreement under that paragraph based on the provisions of that paragraph, or more than 40 hours in the week that includes that day, the provisions of Article 32-4, paragraph (1) or Article 32-5, paragraph (1) of the new Labor Standards Act as applied with the replacement of terms pursuant to Article 132, paragraph (1) or (2) of the new Labor Standards Act govern.