使用者が、当該事業場に、労働者の過半数で組織する労働組合があるときはその労働組合、労働者の過半数で組織する労働組合がないときは労働者の過半数を代表する者との書面による協定により、次に掲げる事項を定めた場合において、労働者を第一号に掲げる業務に就かせたときは、当該労働者は、厚生労働省令で定めるところにより、第二号に掲げる時間労働したものとみなす。
If an employer has provided for the following particulars in a written agreement with the labor union that has been organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, and the employer assigns a worker to the work set forth in item (i), that worker is deemed to have worked the hours set forth in item (ii), pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:
業務の性質上その遂行の方法を大幅に当該業務に従事する労働者の裁量にゆだねる必要があるため、当該業務の遂行の手段及び時間配分の決定等に関し使用者が具体的な指示をすることが困難なものとして厚生労働省令で定める業務のうち、労働者に就かせることとする業務(以下この条において「対象業務」という。)
work to which it is decided a worker will be assigned that is prescribed by Order of the Ministry of Health, Labour and Welfare as work that it is difficult for the employer to give concrete directions for regarding things such as decisions about how the work is to be carried out and the allocation of time to that work, since, owing to the nature of the work, the way in which it is carried out needs to be left largely to the discretion of the worker who is engaged in it (hereinafter in this Article "covered work");
the hours that will be assessed as the working hours of a worker engaged in covered work;
that the employer will not give concrete directions to a worker engaged in covered work regarding things such as decisions on how the covered work is carried out and the allocation of time to that covered work;
that, pursuant to the provisions of the agreement, the employer will take measures to ensure the workers' health and welfare that are in keeping with the working hours of workers engaged in covered work;
that, pursuant to the provisions of that agreement, the employer will take measures to process complaints from workers engaged in covered work;
前各号に掲げるもののほか、厚生労働省令で定める事項
particulars prescribed by Order of the Ministry of Health, Labour and Welfare, beyond what is set forth in the preceding items.
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to an agreement as referred to in the preceding paragraph.