Supplementary Provisions, Article 141
第百四十一条
To apply the provisions of Article 36 to medical practitioners practicing medicine (limited to the medical practitioners that are necessary for ensuring the medical care delivery system prescribed by Order of the Ministry of Health, Labour and Welfare), the phrase "the number of hours by which the employer may extend the working hours it has a worker work per day, month, and year during the applicable period" in Article 36, paragraph (2), item (iv) is deemed to be replaced with "the number of hours by which the employer may extend the working hours it has a worker work during the applicable period" and the phrase "the overtime maximum" in Article 36, paragraph (3) is deemed to be replaced with "the overtime maximum and the hours that are prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of the workers", and the provisions of Article 36, paragraphs (5) and (6) (limited to the portions concerning items (ii) and (iii)) do not apply, until otherwise provided for by law.
In the case referred to in the preceding paragraph, the agreement referred to in Article 36, paragraph (1) may establish the number of hours by which the employer may extend the working hours it has a worker work in excess of the hours established in the agreement concerning Article 36, paragraph (2), item (iv) (including the number of hours established in the agreement concerning Article 36, paragraph (2), item (iv), and limited in range to less than the number of hours and the number of months prescribed in Article 36, paragraph (5) and the number of hours prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of the workers) if the employer needs to temporarily have a worker work more than the hours prescribed by Order of the Ministry of Health, Labour and Welfare referred to in Article 36, paragraph (3) as applied by replacing terms pursuant to the provisions of the preceding paragraph due to an ordinarily unforeseeable, significant increase in the volume of work at the workplace, as well as any other particulars prescribed by Order of the Ministry of Health, Labour and Welfare, in addition to the items of paragraph (2) of Article 36.
In the case as referred to in paragraph (1), even if the employer extends the working hours it has a worker work, or has a worker work on a day off, pursuant to the agreement prescribed in Article 36, paragraph (1), it must not have that worker work in excess of the hours prescribed by Order of the Ministry of Health, Labour and Welfare, in consideration of the requirements provided for in Article 36, paragraph (6) and workers' health and welfare.
Notwithstanding the provisions of the preceding three paragraphs, as concerning a medical practitioner engaged in medical practice, "month, and" in Article 36, paragraph (2), item (iv) is deemed to be replaced with "period prescribed by the employer and the labor union or a person representing a majority of the workers, in the agreement referred to in the preceding paragraph, of more than one day but not more than three months, and", and the provisions of Article 36, paragraphs (3) through (5) and paragraph (6) (limited to the parts concerning items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement referred to in Article 36, paragraph (1) establishes a period that includes the previously mentioned date, and the date immediately following it, until one year has passed from the start date of that period).
A person who violates the provisions of paragraph (3) is punished by imprisonment for not more than six months or by a fine of not more than 300,000 yen.
第三項の規定に違反した者は、六月以下の拘禁刑又は三十万円以下の罰金に処する。
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
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.