第三十二条（労働時間）
第三十二条の二
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.
第三十二条の三
Notwithstanding the provisions of Article 32, if an employer has provided for the following particulars in a written agreement with the labor union that is 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, the employer may have a worker whose start and end times are left up to that worker pursuant to rules of employment or the equivalent, work in excess of the working hours referred to in paragraph (1) of that Article in one week, and may have that worker work in excess of the working hours referred to in paragraph (2) of that Article in one day, within a range that does not cause the weekly average working hours during the period that has been provided for in that agreement as the settlement period referred to in item (ii) of this Article to exceed the working hours referred to in paragraph (1) of that Article:
使用者は、就業規則その他これに準ずるものにより、その労働者に係る始業及び終業の時刻をその労働者の決定に委ねることとした労働者については、当該事業場の労働者の過半数で組織する労働組合がある場合においてはその労働組合、労働者の過半数で組織する労働組合がない場合において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ときは、その協定で第二号の清算期間として定められた期間を平均し一週間当たりの労働時間が第三十二条第一項の労働時間を超えない範囲内において、同条の規定にかかわらず、一週間において同項の労働時間又は一日において同条第二項の労働時間を超えて、労働させることができる。
the range of workers whom the employer may have work for the working hours under the provisions of this paragraph;
the settlement period (this means the period during which the employer may have a worker work within a range that does not cause the weekly average working hours to exceed the working hours referred to in Article 32, paragraph (1), and is limited to being not more than 3 months in length; the same applies below in this Article and the following Article);
the total working hours in the settlement period;
清算期間における総労働時間
other particulars prescribed by Order of the Ministry of Health, Labour and Welfare.
その他厚生労働省令で定める事項
To apply the provisions of the preceding paragraph if the settlement period exceeds one month in length, in the parts of that paragraph other than the items, the phrase "to exceed the working hours referred to in paragraph (1) of that Article" is deemed to be replaced with "to exceed the working hours referred to in paragraph (1) of that Article, and does not cause the weekly average working hours in each of the one-month periods into which that settlement period has been divided beginning on the first day of the settlement period (including the last of the periods into which it has been divided, even if it is shorter than one month; the same applies below in this paragraph) to exceed 50 hours"; and the phrase "paragraph (1) of that Article" is deemed to be replaced with "paragraph (1) of Article 32".
To apply the provisions of paragraph (1) if an employer has a worker whose number of prescribed weekly working days is five days, and the employer have the worker work pursuant to the provisions of that paragraph, in the parts of that paragraph other than the items (including as applied following a deemed replacement of terms pursuant to the preceding paragraph), the phrase "the working hours referred to in paragraph (1) of that Article" is deemed to be replaced with "the working hours referred to in paragraph (1) of that Article (or, if the employer, in a written agreement with the labor union that is 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, has provided for that the number of working hours is limited to the number of hours arrived at when the number of prescribed working days during the settlement period is multiplied by the number of working hours referred to in Article 32, paragraph (2), the number of hours arrived at when the number so calculated is divided by the quotient arrived at when the number of days in the settlement period is divided by seven)", and the phrase "paragraph (1) of that Article" is deemed to be replaced with " paragraph (1) of that Article".
一週間の所定労働日数が五日の労働者について第一項の規定により労働させる場合における同項の規定の適用については、同項各号列記以外の部分（前項の規定により読み替えて適用する場合を含む。）中「第三十二条第一項の労働時間」とあるのは「第三十二条第一項の労働時間（当該事業場の労働者の過半数で組織する労働組合がある場合においてはその労働組合、労働者の過半数で組織する労働組合がない場合において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、労働時間の限度について、当該清算期間における所定労働日数を同条第二項の労働時間に乗じて得た時間とする旨を定めたときは、当該清算期間における日数を七で除して得た数をもつてその時間を除して得た時間）」と、「同項」とあるのは「同条第一項」とする。
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to an agreement providing for the particulars stated in the items of paragraph (1); provided, however, that this does not apply if the settlement period is one month or shorter in length.
第三十二条の三の二
If the settlement period exceeds one month in length, and an employer, pursuant to the provisions of paragraph (1) of the preceding Article, has had a worker work falls within, but is shorter than, a settlement period that exceeds one month in length, and during that period, the employer has had a worker work an average of more than 40 hours per week, the employer must pay that worker premium wages for time worked in excess of the 40-hour-per-week average (excluding time by which the employer has extended the working hours or the time that the employer has had the worker work on a day off, pursuant to the provisions of Article 33 or Article 36, paragraph (1)) as provided for in Article 37.
第三十二条の四
Notwithstanding the provisions of Article 32, if an employer has provided for the following particulars in a written agreement with the labor union that is 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, the employer may have a worker work in excess of the working hours referred to in paragraph (1) of that 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 that Article on a specified day or days, in accordance with that written agreement (including what has been prescribed under the following paragraph, if applicable), within a range that does not cause the weekly average working hours for the period established in that agreement as the applicable period referred to in item (ii) of this Article to exceed 40 hours:
the range of workers whom the employer may have work for the working hours under this Article;
この条の規定による労働時間により労働させることができることとされる労働者の範囲
the applicable period (this means the period during which the employer may have a worker work within a range that does not cause the weekly average working hours to exceed 40 hours, and is limited to one that exceeds one month and is no longer than 1 year in length; the same applies below in this Article and the following Article);
対象期間（その期間を平均し一週間当たりの労働時間が四十時間を超えない範囲内において労働させる期間をいい、一箇月を超え一年以内の期間に限るものとする。以下この条及び次条において同じ。）
specified periods (meaning periods falling during an applicable period when work is particularly busy; the same applies in paragraph (3));
working days in the applicable period and working hours for each of those working days (or, if it has been decided to divide the applicable period into sub-periods of one month or longer, the working days in whichever of the sub-periods arising from the division includes the first day of the applicable period (referred to as the "initial sub-period" below in this Article), the working hours on each of those working days, and the number of working days and total working hours in each sub-period excluding the initial sub-period);
対象期間における労働日及び当該労働日ごとの労働時間（対象期間を一箇月以上の期間ごとに区分することとした場合においては、当該区分による各期間のうち当該対象期間の初日の属する期間（以下この条において「最初の期間」という。）における労働日及び当該労働日ごとの労働時間並びに当該最初の期間を除く各期間における労働日数及び総労働時間）
other particulars prescribed by Order of the Ministry of Health, Labour and Welfare.
その他厚生労働省令で定める事項
If, in the written agreement referred to in the preceding paragraph, the employer has divided the applicable period as provided for in item (iv) of that paragraph, and established the number of working days and total working hours for each sub-period excluding the initial sub-period, the employer, no later than 30 days before the first day of each sub-period, with the consent of the labor union that is organized by a majority of the workers at that workplace, if there is one, or of a person representing a majority of the workers at that workplace, if there is no such union, and pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must establish the working days in that sub-period within a range that does not exceed the established number of working days and must establish the working hours for each working day within a range that does not exceed those established total working hours.
After hearing the opinions of the Labor Policy Council, the Minister of Health, Labour and Welfare, by Order of the Ministry of Health, Labour and Welfare, may establish a limit to the number of working days in an applicable period, a limit to the daily and weekly working hours in an applicable period, or a limit to the number of consecutive days within an applicable period (excluding periods established as a specified period in a written agreement referred to in paragraph (1)) or within a period that a written agreement referred to in that paragraph has established as a specified period, during which the employer may have a worker work.
The provisions of Article 32-2, paragraph (2) apply mutatis mutandis to an agreement referred to in paragraph (1) of this Article.
第三十二条の二第二項の規定は、第一項の協定について準用する。
第三十二条の四の二
If the period during which an employer, pursuant to the provisions of the preceding Article, has had a worker work falls within, but is shorter than, the applicable period, and during that period, the employer has had that worker work an average of more than 40 hours per week, the employer must pay the worker premium wages for time worked in excess of the 40-hour-per-week average (excluding the time by which the employer has extended the working hours or the time that the employer has had the worker work on a day off, pursuant to the provisions of Article 33 or Article 36, paragraph (1)) as provided for in Article 37.
第三十二条の五
Notwithstanding the provisions of Article 32, paragraph (2), if an employer has entered into a written agreement with the labor union that is 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, the employer may have a worker work for up to ten hours per day if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequent fluctuation in the volume of work, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of Health, Labour and Welfare.
If an employer has a worker work pursuant to the provisions of the preceding paragraph, the employer must notify the worker in advance of the hours it will have the worker work on each day of the week, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
The provisions of Article 32-2, paragraph (2) apply mutatis mutandis to an agreement referred to in paragraph (1) of this Article.
第三十二条の二第二項の規定は、第一項の協定について準用する。
第三十三条（災害等による臨時の必要がある場合の時間外労働等）
If there is a temporary necessity due to a disaster or other unavoidable event, an employer may extend the working hours referred to in Articles 32 through 32-5 or Article 40, or may have a worker work on the day off referred to in Article 35, with the permission of the relevant government agency to the extent that is needed; provided, however, that if the urgency of the circumstances does not give the employer time to obtain the permission of the relevant government agency, it must file a notification with the relevant government agency without delay after the fact.
災害その他避けることのできない事由によつて、臨時の必要がある場合においては、使用者は、行政官庁の許可を受けて、その必要の限度において第三十二条から前条まで若しくは第四十条の労働時間を延長し、又は第三十五条の休日に労働させることができる。ただし、事態急迫のために行政官庁の許可を受ける暇がない場合においては、事後に遅滞なく届け出なければならない。
If a notification under the proviso to the preceding paragraph has been filed and the relevant government agency finds the extension of working hours or work on a day off to be inappropriate, it may thereafter order the employer to provide the worker with breaks or days off equivalent to the extra time that the worker was made to work.
前項ただし書の規定による届出があつた場合において、行政官庁がその労働時間の延長又は休日の労働を不適当と認めるときは、その後にその時間に相当する休憩又は休日を与えるべきことを、命ずることができる。
Notwithstanding the provisions of paragraph (1), if there is a temporary necessity to do so for the purposes of public service, an employer may extend the working hours referred to in Articles 32 through 32-5 or Article 40 for national public officers and local public officers engaged in the business of public agencies (excluding the business listed in Appended Table 1), or may have them work on the days off referred to in Article 35.