In the case where an employer concludes an agreement under Article 37, paragraph (3) of the Act (including a resolution by a labor-management committee, a resolution by the committee on the improvement of working time arrangements and a resolution by an enterprise committee on the improvement of working time arrangements prescribed in Article 7-2 of the Improvement of Working Time Arrangements Act), the employer must reach agreement on the following matters.
使用者は、法第三十七条第三項の協定（労使委員会の決議、労働時間等設定改善委員会の決議及び労働時間等設定改善法第七条の二に規定する労働時間等設定改善企業委員会の決議を含む。）をする場合には、次に掲げる事項について、協定しなければならない。
Method of calculating the number of hours to be given as leave set forth in paragraph (3) of Article 37 of the Act (hereinafter referred to as "substitute leave")
法第三十七条第三項の休暇（以下「代替休暇」という。）として与えることができる時間の時間数の算定方法
Unit of substitute leave (The unit shall be a day or half day; if substitute leave can be given together with any other leave with the payment of wages for ordinary working hours, the unit of a day or half day shall include such leave)
代替休暇の単位（一日又は半日（代替休暇以外の通常の労働時間の賃金が支払われる休暇と合わせて与えることができる旨を定めた場合においては、当該休暇と合わせた一日又は半日を含む。）とする。）
The period where substitute leave can be given (within two months from the day following the last day of the month in which the working hours extended under Article 33 or paragraph (1) of Article 36 of the Act exceed 60 hours of that month)
The calculation of the number of hours in item (i) of the preceding paragraph shall be made by multiplying the number of working hours extended beyond 60 hours per month in accordance with Article 33 or paragraph (1) of Article 36 of the Act by the difference between the rate of premium wages payable for such extended working hours under the proviso of paragraph (1) of Article 37 of the Act in case the worker does not take substitute leave, and the rate of premium wages payable for the extended working hours under the main clause of the same paragraph in case the worker does take substitute leave (hereinafter referred to as the "conversion rate" in the following paragraph).
The number of hours prescribed by the Ordinance of the Ministry of Health, Labour and Welfare referred in paragraph (3) of Article 37 of the Act shall be obtained by dividing the number of hours of substitute leave by the conversion rate.
Read this with the articles around it
resolution by a labor-management committeemachine translation
「労使委員会の決議」
A decision adopted by a labor-management committee, which in many working-time rules counts in place of a written labor-management agreement.
Short name set inArticle 12, paragraph (1)
resolution by the committee on the improvement of working time arrangementsmachine translation
「労働時間等設定改善委員会の決議」
A resolution of a working-hours improvement committee (労働時間等設定改善委員会) — a committee for a single workplace that meets the requirements of Article 7 of the Act on Special Measures for Improvement of Working Hours Arrangements — which, when passed by at least four-fifths of its members, counts as the labor-management agreement (協定) that certain working-hours rules of the Labor Standards Act require.
Short name set inArticle 12, paragraph (1)
Improvement of Working Time Arrangements Actmachine translation
「労働時間等設定改善法」
Short name for the Act on Special Measures for Improvement of Working Hours Arrangements (Act No. 90 of 1992).
Short name set inArticle 12, paragraph (1)
substitute leave
「代替休暇」
Paid time off an employer may give instead of the higher premium owed for overtime beyond 60 hours a month.
Short name set inArticle 19-2, paragraph (1), item (i)
conversion rate
「換算率」
The rate used to work out how many hours of substitute leave (代替休暇) overtime beyond 60 hours in a month earns: the difference between the premium pay rate payable for those hours under the proviso to Article 37, paragraph (1) of the Labor Standards Act if the worker does not take the leave and the rate payable under the main clause of that paragraph if the worker does.
Short name set inArticle 19-2, paragraph (2)· applies only in this provision and in Article 19-2, paragraph (3)