Order of the Ministry of Health, Labour and Welfare may establish separate provisions on the working hours referred to in Articles 32 through 32-5 and on the breaks referred to in Article 34, for a business other than that stated in items (i) through (iii), items (vi) and (vii) of Appended Table 1, for which this needs to be done in order to avoid inconvenience to the public or for which there is any other special need to do so, to the extent to which the need to do so is unavoidable.
The separate provisions under the provisions of the preceding paragraph must conform closely to the standards prescribed in this Act and must not be harmful to the health or welfare of workers.
第四十一条
（労働時間等に関する規定の適用除外）Workers Exempt from the Application of Provisions on Working Hours, Breaks, and Days Off
The provisions prescribed in this Chapter, Chapter VI, and Chapter VI-2 concerning working hours, breaks and days off do not apply to a worker falling under one of the following items:
一
別表第一第六号（林業を除く。）又は第七号に掲げる事業に従事する者
one engaged in business stated in item (vi) (excluding forestry) or (vii) of Appended Table 1;
二
事業の種類にかかわらず監督若しくは管理の地位にある者又は機密の事務を取り扱う者
one in a position of supervision or management or of handling confidential affairs, regardless of the type of business;
三
監視又は断続的労働に従事する者で、使用者が行政官庁の許可を受けたもの
one engaged in monitoring or in intermittent work, for whom the employer has obtained permission from the relevant government agency.
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):
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;
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;
ロ
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。
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;
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;
七
対象労働者のこの項の規定による同意の撤回に関する手続
procedures related to a covered worker's revocation of consent under the provisions of this paragraph;
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
前各号に掲げるもののほか、厚生労働省令で定める事項
beyond what is provided for in the preceding items, the particulars prescribed by that Order of the Ministry of Health, Labour and Welfare .
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.
第三項
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 provisions of Article 38-4, paragraphs (2), (3), and (5) apply mutatis mutandis to a committee referred to in paragraph (1).
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.
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).