①When an employer makes an agreement under the proviso of paragraph (2) of Article 34 of the Act, the employer shall agree on the scope of workers whom the employer do not provide simultaneous rest periods and to the method of providing rest periods to the said workers.

②The provisions of the preceding paragraph shall apply mutatis mutandis to a resolution of a labor-management committee or resolution of a committee on the improvement of working time arrangements

①The notification under the provisions of Article 36, paragraph (1) of the Act must be made to the Director of the Labor Standards Office Concerned using Form No. 9 (or, in the case where provisions are established concerning the matters prescribed in paragraph (5) of that Article, Form No. 9-2).

②Notwithstanding the provisions of the preceding paragraph, the notification under the provisions of Article 36, paragraph (1) of the Act with regard to the work prescribed in paragraph (11) of that Article must be made to the Director of the Labor Standards Office Concerned using Form No. 9-3.

③When an employer intends to renew an agreement under Article 36, paragraph (1) of the Act (including a resolution by a labor-management committee and a resolution by a committee on the improvement of working time arrangements; the same applies hereinafter in this paragraph), the employer may, by notifying the Director of the Labor Standards Office Concerned of an agreement to that effect, substitute that for the notification under the preceding two paragraphs.

①The matters specified by Order of the Ministry of Health, Labour and Welfare referred to in Article 36, paragraph (2), item (v) of the Act are to be the following; provided, however, that this does not apply to the matters in items (iv) through (vii) in the case where the agreement under paragraph (1) of that Article does not establish provisions concerning the matters prescribed in paragraph (5) of that Article.

②An employer must preserve records concerning the status of implementation of the measures set forth in item (v) of the preceding paragraph during the validity period referred to in item (i) of that paragraph and for five years after the expiration of that validity period.

③The provisions of the preceding paragraph apply mutatis mutandis to a resolution by a labor-management committee and a resolution by a committee on the improvement of working time arrangements.

The work especially harmful to health specified by Order of the Ministry of Health, Labour and Welfare referred to in Article 36, paragraph (6), item (i) of the Act is to be the following.

①The amount of wages for standard working hours or days under the provisions of paragraph (1) of Article 37 of the Act shall be calculated by multiplying the amount fixed in any of the following items by the number of overtime hours pursuant to the provisions of Article 33 or paragraph (1) of Article 36 of the Act, that of working hours on rest days, or that of working hours between 10 p.m. and 5 a.m. (or between 11 p.m. and 6 a.m., in case when the Minister of Health, Labour and Welfare recognize the necessary of the application of those hours at a certain areas or time of year):

②Those wages such as holiday allowances or some other equivalents which fall under none of the preceding items shall be deemed as those determined on a monthly basis in case of the calculation in any of the items of preceding paragraph.

①In 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.

②The 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).

③The 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.

①When working hours extended under the provisions of Article 33 or paragraph (1) of Article 36 of the Act fall between 10 p.m. and 5 a.m. (or the period between 11 p.m. and 6 a.m. in case when the Minister of Health, Labour and Welfare recognize the necessary of the application of those hours at a certain areas or time of year ), the employer shall pay premium wages for the work during such hours at a rate no lower than 50 percent (or 75 percent or more for work extended beyond 60 hours in the month) over the amount calculated by multiplying the amount stipulated in items of paragraph (1) of Article 19 by the number of working hours.

②When working hours on days off under the provisions of Article 33 or paragraph (1) of Article 36 of the Act fall between 10 p.m. and 5 a.m. on a rest day (or the period between 11 p.m. and 6 a.m. in case when the Minister of Health, Labour and Welfare recognize the necessaryof the application of those hours at a certain areas or time of year), the employer shall pay premium wages for work during such hours at a rate no lower than 60 percent over the amount calculated by multiplying the amount stipulated in items of paragraph (1) of the preceding Article by the number of working hours.

Pursuant to the provisions of paragraph (5) of Article 37 of the Act, family allowances, commutation allowances, and the elements of wages listed in the following items shall not be included in the wage calculation basis for premium wages set forth in paragraphs (1) and (4) of the same Article: