Notwithstanding the provisions of the preceding Article, if an employer has provided for, in a written agreement with the labor union that is organized by a majority of the workers at the workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, or pursuant to rules of employment or the equivalent of them, that the average weekly working hours over the course of a fixed period of not more than one month will not exceed the working hours referred to in paragraph (1) of the preceding Article, the employer, as established, may have a worker work in excess of the working hours referred to in paragraph (1) of the preceding Article in a specified week or weeks and may have a worker work in excess of the working hours referred to in paragraph (2) of the preceding Article on a specified day or days.
An employer must notify the relevant government agency of the agreement referred to in the preceding paragraph, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
Read this with the articles around it
worker
「労働者」
A person employed at a business or office and paid wages, whatever the kind of job.
Defined inArticle 9, paragraph (1)· applies throughout the law
employermachine translation
「使用者」
The business owner, its managers, and anyone else acting for the owner in matters concerning its workers.
Defined inArticle 10, paragraph (1)· applies throughout the law