Article 1Deleted.

Article 2(1)Wages to be included in the total amount of wages provided in the provisions of paragraph (5) of Article 12 of the Labor Standards Act (Act No. 49 of 1947; hereinafter referred to as "the Act")are those to be paid other than in currency under the provisions of laws and regulations or collective agreement as permitted under the proviso in paragraph (1) of Article 24 of the Act.

(2)The estimated value of wages paid other than in currency as set forth in the preceding paragraph must be prescribed in the collective agreement unless otherwise provided by laws and regulations.

(3)When the estimated value prescribed in the collective agreement referred to in the provisions of the preceding paragraph is judged inappropriate, or the estimated value is not set forth in laws and regulations or collective agreement, the directors of the Prefectural Labor Offices may fix the estimated value of those other than currency.

Article 3When some grounds for calculation of a worker's average wages occurs in this worker's probationary period, the number of days and the wages during the period shall be respectively included in the period and the wages designated in the provisions of paragraphs (1) and (2) of Article 12 of the Act notwithstanding the provisions of paragraph (3) of the said Article.

Article 4In the event that the periods stipulated in items (i) to (iv) of paragraph (3) of Article 12 of the Act are three months or more preceding the day on which there arises a need for calculation of a worker's average wage, or in the event there arises a need for calculation of a worker's average wage on the day that the worker is taken into employment, the average wage of the worker shall be stipulated by the directors of the prefectural labor offices.

Article 5(1)The working conditions which the employer shall clearly indicate to the worker under the provisions of the first sentence of paragraph (1) of Article 15 of the Act shall be as follows; provided, however, that matters set forth in item (i)-2-ii) shall apply only to cases where a fixed-term labor contract when renewed after expiration of the term thereof, and matters set forth in item (iv)-2-ii) to (xi) shall not apply to cases where the employer does not set forth such matters.

(2)The matters prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to in the provisions of the second sentence of paragraph (1) of Article 15 of the Act shall be the matters listedin items (i) to (iv) of the preceding paragraph (except the matters concerning increases in wages).

(3)The method prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to in the second sentence of paragraph (1) of Article 15 of the Act shall be to give a worker a document that clearly described in the preceding paragraph .

Article 5-2If an employer intends to take charge of workers savings entrusted to the employer by workers, and in the event that the savings kept in custody constitute a deposit accepted, the employer shall fix, in an agreement provided in paragraph (2) of Article 18 of the Act, the following matters:

Article 6A notification under the provisions of paragraph (2) of Article 18 of the Act must be submitted, according to Form No.1, to the director of the labor standards office which has jurisdiction over the location of the said workplace (hereinafter referred to as "the Director of the Labor Standards Office Concerned")

Article 6-2(1)The person representing a majority of the workers (hereinafter referred to as "a representative of the majority of the workers" in this Article) prescribed in paragraph (2) of Article 18, the proviso of paragraph (1) of Article 24, paragraph (1) of Article 32-2, Article 32-3, paragraphs (1) and (2) of Article 32-4, paragraph (1) of Article 32-5, the proviso of paragraph (2) of Article 34, paragraphs (1), (3), and (4) of Article 36, paragraph (3) of Article 37, paragraph (2) of Article 38-2, paragraph (1) of Article 38-3, item (i) of paragraph (2) of Article 38-4, paragraphs (4), (6), and the proviso of paragraph (7) of Article 39, and paragraph (1) of Article 90 of the Act shall be a person who falls under all of the following items:

(2)If there is no person who falls under item (i) of the preceding paragraph in a workplace, the person representing a majority of the workers prescribed in paragraph (2) of Article 18, the proviso of paragraph (1) of Article 24, paragraphs (4), (6), and the proviso of paragraph (7) of Article 39, and paragraph (1) of Article 90 of the Act shall be a person who falls under item (ii) of the preceding paragraph.

(3)An employer shall not treat a worker disadvantageously on the grounds that that worker is a representative of the majority of the workers, attempted to become a representative of the majority of the workers, or took a justifiable action as a representative of the majority of the workers.

Article 6-3An order under the provisions of paragraph (6) of Article 18 of the Act shall be issued in writing according to Form No.1-3 by the Director of the Labor Standards Office Concerned.

Article 7A certification under the provisions of paragraph (2) of Article l9 of the Act; or a certification under the provisions of paragraph (2) of Article 19 of the Act applied mutatis mutandis provided in the provisions of paragraph (3) of Article 20 of the Act in the case of the first half of the proviso of paragraph (1) of Article 20 of the Act shall be obtained according to Form No. 2, and a certification under the provisions of paragraph (2) of Article 19 of the Act applied mutatis mutandis provided in the provisions of paragraph (3) of Article 20 of the Act in the case of the second half of the proviso of paragraph (1) of Article 20 of the Act the Director of the Labor Standards Office Concerned shall be obtained according to Form No. 3, from the Director of the Labor Standards Office Concerned.

Article 7-2(1)With the worker's consent, an employer may pay a worker's wage by any of the following methods:

(2)An employer may pay, with the consent of the worker, retirement allowances by any of the methods set forth in the following items as well as in the preceding paragraph:

(3)With regard to the application of the provisions of the preceding paragraph, when the provisions of paragraph (1) of Article 24 of the Act applies to local public officers, "a check" referred to in item (i) of the preceding paragraph shall be replaced with "a check or a check issued by the local public entity concerned."

Article 8Those equivalent to wages paid in special circumstances or bonus set forth in the proviso of paragraph (2) of Article 24 of the Act shall be listed as follows:

Article 9The emergencies set forth in the provisions of Article 25 of the Act shall be listed as follows:

Articles 10 and 11Deleted.

Article 12When an employer who regularly employs less than 10 workers adopts such rules that are referred to in paragraph (1) of Article 32-2 or paragraph (2) of Article 35 of the Act, the employer shall make such rules known to the workers, except in cases where such rules are adopted by a written agreement referred to in paragraph (1) of Article 32-2 of the Act (including any resolution by the committee referred to in paragraph (1) of the Article 38-4 set forth in paragraph (5) of the same Article (such committee shall hereinafter be referred to as a "labor-management committee") (such resolution shall hereinafter be referred to as a "resolution by a labor-management committee") and any resolution by the committee on the improvement of working time arrangements provided for in paragraph (1) of Article 7 of the Act on Special Measures for Improvement of Working Time Arrangements (Act No. 90 of 1992; hereinafter referred to as the "Improvement of Working Time Arrangements Act"), including the health committee deemed as the committee on the improvement of working time arrangements under paragraph (2) of Article 7 of the same Act, which was established under paragraph (1) of Article 18 of the Industrial Safety and Health Act (Act No. 57 of 1972) (such committee includes the safety and health committee established under paragraph (1) of Article 19 of the same Act; the same shall apply hereinafter; such resolution shall hereinafter be referred to as a "resolution by the committee on the improvement of working time arrangements")).

Article 12-2(1)When an employer causes its workers to work under the conditions pursuant to any of the provisions of Articles 32-2 to 32-4 of the Act, the employer shall clearly indicate the initial date of the period prescribed in Articles 32-2 to 32-4 of the Act in the rules of employment or its equivalent or in a written agreement (including any resolution by a labor-management committee or a resolution by the committee on the improvement of working time arrangements).

(2)When an employer gives its workers holidays under the provisions of paragraph (2) of Article 35 of the Act, the employer shall clearly indicate, in the rules of employment or some other equivalent, the initial date of reckoning for a four-week period in which the employer provides four or more days off.

Article 12-2-2(1)An agreement under the provisions of paragraph (1) of Article 32-2 of the Act (excluding the case where it is by way of collective agreement, and including a resolution of a labor-management or resolution of a committee on the improvement of working time arrangements )shall set forth a validity period .

(2)A notification under the provisions of paragraph (2) of Article 32-2 of the Act shall be submitted according to Form No. 3-2 to the Director of the Labor Standards Office Concerned.

Article 12-3Matters prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to in item (iv) of Article 32-3 of the Act shall be listed as follows:

Article 12-4(1)Matters prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to item (v) of paragraph (1) of Article 32-4 of the Act which shall be fixed by a written agreement under the provisions of paragraph (1) of Article 32-4 of the Act (excluding the case where it is by way of collective agreement, and including a resolution of a labor-management or resolution of a committee on the improvement of working time arrangements) shall be a stipulation for the valid period of the agreement.

(2)The employer shall establish stipulations in paper form under the provisions of paragraph (2) of Article 32-4 of the Act.

(3)When the applicable period referred to in item (ii) of paragraph (1) of Article 32-4 of the Act (hereinafter referred to as "the applicable period" in this Article) exceeds three months, annual working days stipulated by Ordinance of the Ministry of Health, Labour and Welfare referred to in paragraph (3) of Article 32-4 of the Act shall be limited to 280 days in the applicable period.However, in cases where the applicable period exceeds three months and there is an agreement with its applicable period of over three months, falling anytime during the one year prior to the first day of the aforementioned applicable period, (including resolution by a labor-management or resolution by the committee on the improvement of working time arrangements) (if there had been more than one agreement, an agreement just before the new agreement shall be applicable; hereinafter referred to in this paragraph as "the former agreement") under the provisions of paragraph (1) of Article 32-4 of the Act yearly working days shall be shorter one, either days determined by subtracting one day from the yearly working days in the applicable period stipulated under the former agreement or 280 days, if the daily limited working hours exceed longer one, either the daily limited working hours stipulated under the former agreement or nine hours, or the weekly limited working hours exceed longer one, either the weekly limited working hours stipulated under the former agreement or 48 hours.

(4)Daily working hours and weekly working hours stipulated by Ordinance of the Ministry of Health, Labour and Welfare referred to in paragraph (3) of Article 32-4 of the Act shall be limited to 10 hours per day and 52 hours per week respectively.In this case, if the applicable period exceeds three months, the conformity both of the following items shall be established.

(5)The number of consecutive days on which an employer may have workers work in the applicable period provided in Ordinance of the Ministry of Health, Labour and Welfare referred to in paragraph (3) of Article 32-4 of the Act shall be limited to six days; and the number of consecutive days on which an employer may have workers work in the specified period set forth in the written agreement referred to in paragraph (1) of the Article (including resolutions of the labor-management committee and resolutions of the committee on the improvement of working time arrangements) shall be limited to the number of days that shall enable workers to have one day off per week.

(6)A notification referred to in the provisions of paragraph (2) of Article 32-2 of the Act applied mutatis mutandis under the provisions of paragraph (4) of Article 32-4 of the Act must be submitted according to Form No. 4 to the Director of the Labor Standards Office Concerned.

Article 12-5(1)Businesses prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to in the provisions of paragraph (1) of Article 32-5 of the Act shall be businesses of retailers, hotels, restaurants, and eating and drinking places.

(2)The number prescribed by Ordinance of the Ministry of Health, Labour and Welfare referred to in the provisions of paragraph (1) of Article 32-5 of the Act shall be 30 persons.

(3)A notice of working hours for each day of a week pursuant to the provisions of paragraph (2) of Article 32-5 of the Act shall be given in writing at least before the first day of the week.However, if there is an urgent and unavoidable reason, the employer may change the working hours previously notified by notifying the relevant worker in writing by the day prior to the date on which the employer intends to change the said previously notified working hours.

(4)A notification referred to in the provisions of paragraph (2) of Article 32-2 of the Act applied mutatis mutandis under the provisions of paragraph (3) of Article 32-5 of the Act must be submitted on Form No. 5 to the Director of the Labor Standards Office Concerned.

(5)When an employer has workers work pursuant to the provisions of Article 32-5, the employer shall endeavor to respect the workers' intention when fixing working hours for each day of a week.

Article 12-6When an employer has workers work pursuant to the provisions of Article 32-2, 32-4 or 32-5 of the Act, the employer shall give careful consideration to those who take care of children, those who take care of elderly persons and the like, those who receive vocational training or education, and such other workers who need special consideration so that they may secure time necessary for the child care and the like.

Article 13(1)A permission under the provisions of the main clause of paragraph (1) of Article 33 of the Act must be obtained from the Director of the Labor Standards Office Concerned, and a notification under the proviso of the same paragraph of the same Article shall be submitted to the Director of the Labor Standards Office Concerned.

(2)The permission or the notification referred to in the preceding paragraph shall be made pursuit to Form No. 6.

Article 14An order under the provisions of paragraph (2) of Article 33 of the Act shall be issued in writing according to Form No.7 by the Director of the Labor Standards Office Concerned.

Article 15(1)When 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.

(2)The 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

Article 16(1)When an employer makes an agreement under provisions paragraph (1) of Article 36 of the Act, that employer shall set forth in the agreement specific reasons why it is necessary to have workers work overtime or on days off, type of work, the number of workers, hours which may be extended in a day and a fixed period exceeding a day, and days off on which such workers may be required to work.

(2)In an agreement under the preceding paragraph (except collective agreements), the valid period shall be prescribed.

(3)The two preceding paragraphs shall apply mutatis mutandis to a resolutions of a labor-management committee or resolutions of a committee on the improvement of working time arrangements.

Article 17(1)The notification under the provisions of paragraph (1) of Article 36 of the Act must be made to the Director of the Labor Standards Office Concerned on Form No. 9 (or Form No. 9-2 in the case of a notification of the contents an agreement under paragraph (2) of Article 38-2 of the Act by supplementing them in a notification under paragraph (1) of Article 36 under the paragraph (4) of Article 24-2, or Form No.9-3 in the case of a notification of a resolution of a labor-management committee, or Form No.9-4 in the case of a notification of a resolutions of a committee on the improvement of working time arrangements).

(2)When an agreement provided in paragraph (1) of Article 36 of the Act (including a resolution by a labor-management committee or resolution by a committee on the improvement of working time arrangements (hereinafter the same shall apply in this paragraph)) is to be renewed, an employer may notify an agreement to such effect to the Director of the Labor Standards Office Concerned in lieu of the notification under the preceding paragraph.

Article 18Work for which extension of working hours is restricted to two hours under the proviso of paragraph (1) of Article 36 of the Act shall be the followings:

Article 19(1)The 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):

(2)Those 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.

Article 19-2(1)When an employer makes an agreement under paragraph (3) of Article 37 of the Act, the employer shall agree on the matters set forth in the following items :

(2)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).

(3)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.

Article 20(1)When 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.

(2)When 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.

Article 21Pursuant 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:

Article 22Deleted.

Article 23When an employer has obtained the permission from the Director of the Labor Standards Office Concerned according to Form No. 10 with respect to night- or day-duty intermittent work, the worker may employ workers who are engaged in such work, notwithstanding the provisions of Article 32 of the Act.

Article 24When an employer has obtained the permission from the Director of the Labor Standards Office Concerned according to Form No. 11 with respect to the time between the commencement and completion of the entry into a pit for workers who enter and exit a pit as a group, the time period between the completion of entry into and the completion of exit from a pit shall be deemed as working hours of workers belonging to the group for the purpose of the application of the provisions of paragraph (2) of Article 38 of the Act.

Article 24-2(1)The provisions of paragraph (1) of Article 38-2 of the Act shall apply to the calculation of working hours in the application of the provisions concerning working hours under Chapter 4 of the Act .

(2)An agreement under the provisions of paragraph (2) of Article 38-2 of the Act (excluding the case where it is by way of collective agreement and including a resolution of a labor-management and resolution of a committee on the improvement of working time arrangements) shall set forth a validity period.

(3)A notification pursuant to the provisions of paragraph (3) of Article 38-2 of the Act must be given to the Director of the Labor Standards Office Concerned according to Form No. 12. When the working hours stipulated in an agreement under the provisions of paragraph (2) of the said Article do not exceed the working hours prescribed in the provisions of Article 32 or 40 of the Act, such an agreement does not need to be notified.

(4)An employer may give notification to the Director of the Labor Standards Office Concerned of the contents of an agreement referred to in the provisions of paragraph (2) of Article 38-2 of the Act by including the said contents in the notification under the provisions of paragraph (1) of Article 36 of the Act (except notification of resolution of a labor-management and resolution of a committee on the improvement of working time arrangements) instead of giving the notification referred to in the preceding paragraph.

Article 24-2-2(1)The provisions of paragraph (1) of Article 38-3 of the Act shall apply to the calculation of working hours in applying provisions concerning working hours under Chapter IV of the Act.

(2)The work prescribed in Ordinance of the Ministry of Health, Labour and Welfare pursuant to item (i) of paragraph (1) of Article 38-3 of the Act shall be the followings:

(3)The matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare under item (vi) of paragraph (1) of Article 38-3 of the Act shall be the followings:

(4)A notification under the provisions of paragraph (iii) of Article 38-2 of the Act as applied mutatis mutandis prescribed in the provisions of paragraph (ii) of Article 38-3 of the Act must be made according to Form No. 13 to the Director of the Labor Standards Office Concerned.

Article 24-2-3(1)A notification under the provisions of paragraph (1) of Article 38-4 of the Act must be submitted according to the Form No. 13-2 to the Director of the Labor Standards Office Concerned.

(2)The provisions of paragraph (1) of Article 38-4 of the Act shall apply to the calculation of working hours in applying provisions concerning working hours under Chapter IVof the Act.

(3)The matters set forth in Ordinance of the Ministry of Health, Labour and Welfare under the provisions of item (vii) of paragraph (1) of Article 38-4 of the Act shall be listed as follows.

Article 24-2-4(1)The appointment under item (i) of paragraph (2) of Article 38-4 of the Act must be made from among persons other than those in a supervisory or managerial position set forth in item (ii) of Article 41 of the Act.

(2)With respect to the preparation and preservation of minutes under item (ii) of paragraph (2) of Article 38-4 of the Act, an employer shall prepare minutes of each meeting of the labor-management committee and keep such minutes on file for three years after the date of such meeting (or, in the case of the minutes of a meeting where a resolution provided in paragraph (1) of Article 38-4 of the Act, a resolution by the labor-management committee and a resolution by a majority of four fifths or more of the labor-management committee members pursuant to Article 25-2 are adopted, the date of completion (as provided for in item (v) of Article 56) of the documentation in relation to such resolution).

(3)With respect to the requirement to make the minutes known to workers provided in item (ii) of paragraph (2) of Article 38-4 of the Act, an employer shall make the minutes of a labor-management committee known to the workers at the workplace by any of the following means.

(4)The requirement set forth in Ordinance of the Ministry of Health, Labour and Welfare pursuant to item (iii) of paragraph (2) of Article 38-4 of the Act shall be that regulations established with respect to the convocation of labor-management committee meetings, the quorum, the agenda and other matters necessary for the operation of the labor-management committee.

(5)An employer shall obtain the consent of the labor-management committee in order to establish or amend the regulations referred to the preceding paragraph.

(6)An employer shall not treat a worker disadvantageously on the grounds that the worker is a member of the labor-management committee or attempted to become a member of the committee, or acted justifiably as a member of the committee.

Article 24-2-5(1)A report under paragraph (4) of Article 38-4 of the Act must be made according to Form No. 13-4 to the Director of the Labor Standards Office Concerned once within six months from the day following the date when a resolution is adopted pursuant to paragraph (1) of the same Article and once every year intervals after one year.

(2)A report referred to paragraph (4) of Article 38-4 of the Act shall be made with respect to the working hours of the worker and the status of implementation of the measures taken to secure the worker's health and welfare of the worker provided in item (iv) of paragraph (1) of Article 38-4 of the Act.

Article 24-3(1)The hours prescribed by Ordinance of the Ministry of Health, Labour and Welfare under paragraph (3) of Article 39 of the Act shall be 30 hours.

(2)The number of days stipulated by Ordinance of the Ministry of Health, Labour and Welfare as the prescribed working days in a week for ordinary workers under paragraph (3) of Article 39 of the Act shall be 5.2 days.

(3)The number of days prescribed by Ordinance of the Ministry of Health, Labour and Welfare with due consideration for the ratio of the number of days prescribed by Ordinance of the Ministry of Health, Labour and Welfare as the prescribed working days in a week for ordinary workers and either the number of prescribed weekly working days for the workers concerned or the average number of prescribed working days per week for the workers concerned ,under paragraph (3) of Article 39 of the Act, given to the worker according to the worker's prescribed weekly working days listed (in the left columns) in the following table in case the worker falls set forth in item (i) of the same paragraph or according to the worker's prescribed yearly working days listed (in the middle columns) in the following table in case the worker falls under item (ii) of the same paragraph, shall be the number of days listed (in the right columns) in the following table according to the worker's continuous service years counting from the employment day.

(4)The number of days prescribed by Ordinance of the Ministry of Health, Labour and Welfare under item (i) of paragraph (3) of Article 39 of the Act shall be 4 days.

(5)The number of days prescribed by Ordinance of the Ministry of Health, Labour and Welfare under item (ii) of paragraph (3) of Article 39 of the Act shall be 216 days.

Article 24-4Matters prescribed by the Ordinance of the Ministry of Health, Labour and Welfare under item (iii) of paragraph (4) of Article 39 of the Act shall be as follows:

Article 25(1)The amount of wages normally paid for the prescribed working hours under the provisions of paragraph (7) of Article 39 of the Act shall be calculated according to the methods prescribed in each of the following items:

(2)The amount of wages calculated pursuant to the Ordinance of the Ministry of Health, Labour and Welfare provided in the main clause of paragraph (7) of Article 39 of the Act shall be the amount obtained by dividing the average wage or the amount calculated in accordance with the preceding paragraph by the number of prescribed working hours of the day.

(3)The amount calculated pursuant to the Ordinance of the Ministry of Health, Labour and Welfare provided in the proviso of paragraph (7) of Article 39 of the Act shall be the amount obtained by dividing the equivalent to the amount of standard daily remuneration provided for in paragraph (1) of Article 99 of the Health Insurance Act (Act No. 70 of 1922) by the number of prescribed working hours of the day.

Article 25-2(1)An employer who usually employs less than 10 workers in a business stipulated in items (viii), (x) (except businesses producing motion pictures), (xiii), and (xiv) of appended table 1 of the Act may have a worker work up to 44 hours in a week and up to 8 hours in a day, notwithstanding the provisions of Article 32 of the Act.

(2)In the event that an employer has stipulated that the average weekly working hours in a period not exceeding one month shall not exceed 44 hours in a written agreement either with a labor union organized by a majority of the workers at the workplace concerned where such a labor union exists, or with a person representing a majority of the workers at a workplace where no such labor union exists (including a resolution adopted by majority of four fifths or more of the labor-management committee members or a resolution adopted by majority of four fifths or more of the members of the committee on the improvement of working time arrangements referred to in the provisions of Article 7 of the Improvement of Working Time Arrangements Act; hereinafter the same shall apply in this Article), or in the rules of employment, or the equivalent, the employer may have a worker work in excess of 44 hours in a specified week or in excess of 8 hours in a specified day in accordance with said stipulation, notwithstanding the provisions of Article 32 of the Act.

(3)In the event that the following items have been provided in a written agreement either with a labor union organized by a majority of the workers at the workplace concerned ( in case where such labor union exists),or with a person representing a majority of the workers(in case where such union does not exist), the employer may have a worker who has discretion to decide the starting and ending time for work pursuant to rules of employment or the equivalent and notwithstanding the provisions of paragraph(1) with respect to the business provided in said paragraph, work in excess of 44 hours in a week or in excess of 8 hours in a day; provided the average working hours per week for the period prescribed as the settlement period stipulated in item (ii) below do not exceed 44 hours:

(4)When an employer makes workers work under the provisions of Article 32-4 or 32-5 of the Act, the provisions of the three preceding paragraphs do not apply to those businesses prescribed in paragraph (1).

Article 25-3(1)The provisions of paragraph (1) of Article 6-2 shall be applied mutatis mutandis to the person representing a majority of the workers prescribed in paragraphs (2) and (3) of the preceding Article; the provisions of paragraph (3) of Article 6-2 shall be applied mutatis mutandis to the employer prescribed in paragraphs (2) and (3) of the preceding Article; the provisions of Article 12 and paragraph (1) of Article 12-2 shall be applied mutatis mutandis to the stipulation prescribed in paragraphs (2) and (3) of the preceding Article; the provisions of paragraph (1) of Article 12-2-2 shall be applied mutatis mutandis to the agreement prescribed in paragraph (2) of the preceding Article; and the provisions of Article 12-6 shall be applied mutatis mutandis to the employer prescribed in paragraph (2) of the preceding Article.

(2)An employer shall submit the agreement referred to in paragraph (2) of the preceding Article according to Form No. 3-2 to the Director of the Labor Standards Office Concerned.

Article 26With regard to those workers who work on board a train, diesel railcar, or electric railcar as reserve crew members in the businesses designated in item (iv) of appended table 1 of the Act, an employer may make them work for a period exceeding 40 hours a week or a period exceeding 8 hours a day, notwithstanding the provisions of paragraph (1) of Article 32-2 of the Act, to the extent that the average weekly working hours for a fixed period of one month or less do not exceed 40 hours.

Articles 27 through 30Deleted.

Article 31The provisions of paragraph (2) of Article 34 of the Act shall not apply to the businesses designated in any of items (iv),(viii),(ix),(x),(xi), (xiii), and (xiv) of appended table 1 of the Act and businesses of public agencies (except the businesses designated in said appended table 1).

Article 32(1)With regard to those engineers, drivers, pilots, conductors, train masters, baggage men, trainmen, stewards, air conditioning engineers and power supply officers of a train, diesel railcar, electric railcar, automobile, ship or aircraft (hereinafter referred to as "crew members") who continuously work on board over a long distance among workers employed for the businesses designated in item (iv) of appended table 1 of the Act or for the postal or mail delivery businesses, and workers employed for the businesses designated in item (xi) of the same table who are engaged in postal business at business offices of Japan Post Co., Ltd. having less than 30 indoor workers (limited to business offices which provide postal counter service prescribed in Article 2 of the Post Office Branch Act (Act No. 213 of 1949)), an employer may give them no rest periods notwithstanding the provisions of Article 34 of the Act.

(2)With regard to those crew members who do not fall under the provisions of the preceding paragraph, an employer may give them no rest periods when it is found impossible to give them rest periods because of the nature of the work in which they are engaged, if the total of stoppage time, waiting time for turning back and other time while on duty is equal to the rest period prescribed in paragraph (1) of Article 34 of the Act, notwithstanding the provisions of the same Article.

Article 33(1)The provisions of paragraph (3) of Article 34 of the Act shall not apply to those workers who fall under any of the following items:

(2)An employer who employs those workers falling under item (ii) of the preceding paragraph shall obtain, in advance, the permission of the Director of the Labor Standards Office Concerned for the number of such workers, the number of children for accommodation and the manner of work, according to Form No. 13-5.

Article 34A permission under the provisions of item (iii) of Article 41 of the Act must be obtained from the Director of the Labor Standards Office Concerned for the manner of labor to be engaged in and the number of workers according to Form No. 14.

Article 34-2The working hours to be prescribed by Ordinance of the Ministry of Health, Labour and Welfare provided in item (ii) of paragraph (3) of Article 60 of the Act shall be 48 hours.

Article 34-2-2The period of a labor contract with a worker who receives vocational training (hereinafter referred to as "trainee") from an employer who has obtained the permission pursuant to the provisions of Article 71 of the Act may be set according to the training course of the vocational training the trainee receives within the period prescribed by item (iv) of paragraph (1) of Article 10, item (iii) of paragraph (1) of Article 12 or item (iii) of paragraph (1) of Article 14 of Ordinance for Enforcement of the Vocational Ability Development and Promotion Act (Ordinance of the Ministry of Labor No. 24 of 1969) (in the case where the training period is reduced under the provisions of Article 21 of the same Ordinance or paragraph (2) of Article 2 of the supplementary provisions of Ordinance of the Ministry of Labor for Making a Partial Revision of the Ordinance for Enforcement of the Vocational Training Act (Ordinance of the Ministry of Labor No. 37 of 1978; hereinafter referred to as the "1978 Revised Training Rules"), the reduced period shall be deducted). In this case, the training period prescribed by the workplace shall not be exceeded.

Article 34-3(1)When an employer finds it necessary so as to make trainees learn skills, the employer may make trainees under 18 years of age engage in some dangerous and injurious work designated in Article 62 of the Act or have male trainees of 16 years of age or more engage in belowground labor.

(2)When an employer have trainees engage in some dangerous and injurious work or belowground labor set forth in the provisions of the preceding paragraph, the employer shall take necessary preventive measures against danger.

(3)Dangerous and injurious work or belowground labor set forth in paragraph (1), and the preventive measures to be taken by an employer referred to provisions of the preceding paragraph shall be shown in appended table 1.

Article 34-4The employer shall receive a permission provided in the provisions of Article 71 of the Act, by the Directors General of the Prefectural Labor Bureau having jurisdiction over the location of said workplace, based on Form No. 14-2 (written application for the permission) concerning special provisions regarding vocational training.

Article 34-5When the Director of General of the Prefectural Labor Bureau has given or not, or rescinded permission to an application pursuant to the provisions of the preceding Article, said director shall give notice to said effect to the prefectural governor concerned.

Article 35The scope of illness in the course of employment under the provisions of paragraph (2) of Article 75 of the Act shall be shown in appended table 1-2.

Article 36The scope of medical treatment provided in the provision of paragraph (2) of Article 75 of the Act shall be those set forth as follows are found necessary for medical care:

Article 37If a worker is injured, gets disease, or dies in employment or in the workplace, or in auxiliary buildings of the business, the employer shall make a medical doctor diagnose the worker without delay.

Article 37-2If a worker falls under any of the following items, this worker's employer may make no compensation for absence from work:

Article 38When a worker only works for part of the prescribed working hours due to injury or disease in the course of employment, the employer shall pay the worker, 60 percent of the difference between the average wages and those paid for said work as a compensation for absence from work.

Article 38-2In any one-year period from April 1 to March 31,a workplace that usually employs fewer than 100 workers, as referred to in paragraph (2) of Article 76 of the Act is one with fewer than 100workers,ascalculated by dividing the number of workers, in terms of worker-years, during the one year before the relevant April 1 have been employed from April 1 to March 31 each year by the number of the prescribed working days for the year concerned .

Article 38-3The ordinary wages paid to workers engaged in the same type of work in the same workplace for the prescribed working hours referred to the provisions of paragraph (2) of Article 76 of the Act shall be calculated in the same manner as the method set forth in the provisions of paragraph (1) of Article 25.

Article 38-4If there exists no worker whose work and working conditions are the same as those of a worker who suffers an injured or illness in the course of employment in a workplace which usually employs 100 workers or more, the amount of the compensation for absence from work paid to the worker shall be adjusted when the quarterly average of the ordinary wages paid to all the workers in said workplace for the prescribed working hours is increased or decreased.

Article 38-5Any amount of compensation for absence from work following an adjustment under the provisions of the second sentence of paragraph (2) of Article 76 of the Act shall be made on the basis of the quarterly average wages which has been used as a basis for the first adjustment.

Article 38-6In case where the increasing or decreasing rate of average wages is calculated on a quarterly under the provisions of paragraphs (2) and (3) of Article 76 of the Act, if there is a fractional percentage to be disregarded.

Article 38-7Public notice is to be issued of the percentage by which 60 percent of the average wages forming the basis for calculating the amount of compensation for absence from work in a workplace usually employs fewer than 100 workers (or the adjusted amount of compensation for absence from work ,if a workplace has ever adjusted the amount of compensation for absence from work as a workplace usually employing 100 workers or more ) must be multiplied, based on the ratio of quarterly average wages set to be paid on a monthly basis in each industry appearing in the Monthly Labor Survey complied by the Ministry of Health, Labour and Welfare (hereinafter referred to as "Monthly Labor Survey") to the quarterly average in the previous quarter.

Article 38-8(1)If the industry to which a workplace usually employing less than 100 workers belongs is not included in the industry classification listed in the Monthly Labor Survey, the amount of compensation for absence from work shall be calculated by multiplying 60 percent of the amount of average wages (or the adjusted amount, if a workplace has ever adjusted the amount of compensation for absence from work as a workplace usually employing100 workers or more, or according to Monthly Labor Survey ) by the rate prescribed by public notice.

(2)With regard to workers who are employed on a daily basis, an amount of compensation for absence from work shall be calculated by multiplying 60 percent of the amount of average wages by the rate prescribed by public notice.

Article 38-9A public notice pursuant to the provisions of the preceding two Articles shall be given every quarter.

Article 38-10When it is difficult to adjust the amount of compensation for absence from work under the provisions of Articles 38-4, 38-5, 38-7 and 38-8, it shall be adjusted by the Minister of Health, Labour and Welfare.

Article 39Payments for medical compensation and compensation for absence from work must be made once per month or more.

Article 40(1)The grades of physically disabled persons eligible for compensation for disabilities shall be listed in appended table 2.

(2)When a worker suffers from two or more of the physical disabilities listed in appended table 2, the grade shall be the one for the most serious disability.

(3)In any of the following cases, a grade under the preceding two paragraphs shall be raised as follows.However, the amount of the disability compensation for the raised grade must not exceed the total amount of the disability compensation for the grade in which each of the physical disabilities falls:

(4)With regard to a worker who suffers from a physical disability other than those listed in appended table 2, disability compensation must be made according to the degree of the disability in the same manner as the disabilities listed in appended table 2.

(5)When a worker with an existing physical disability has aggravated the disability of the same part due to an injury or illness, the compensation for the disability must be made in the amount of compensation for the disability corresponding to the aggravated disability less the amount of compensation for the disability corresponding to the existing disability.

Article 41A certification pursuant to the provisions of Article 78 of the Act must be obtained according to Form No. 15 from the Director of the Labor Standards Office Concerned.In this case, the employer shall at same time submit a written document that proves the fact that there has been gross negligence prescribed in the provisions said Article.

Article 42(1)The person who should be given compensation for bereaved family shall be the spouse of a worker (including the person who has de facto marital relationship without a marriage notification; hereinafter the same shall apply).

(2)When a worker has no spouse, the persons who should be given compensation for bereaved family shall be the worker's children, parents, grandchildren and grandparents, who made a living from the worker's income, or who lived on common living expenses at the time when the worker died and the priority is in the order mentioned above. As for parents, adoptive parents shall have priority over natural parents.

Article 43(1)When a worker has no one who falls under the provisions of the preceding Article, the person who should be given compensation for bereaved family shall be the worker's children, parents, grandchildren and grandparents who do not fall under the provisions of paragraph (2) of the preceding Article, and the worker's brothers and sisters and the priority is in the order of children, parent, grandchildren, grandparents and bothers and sisters, and as for brothers and sisters, those who made a living from the worker's income, or who lived on common living expenses at the time when the worker died shall have priority.

(2)When a worker has designated a specific person among those who fall under the provisions set forth in the preceding paragraph in a will or in an advance notice to the employer, the person who should be given compensation for survivor shall be the designated one notwithstanding the provisions of the preceding paragraph.

Article 44When there are two or more persons of the same priority rank who should be given compensation for bereaved family, the compensation for bereaved family shall be equally divided by the number of such persons.

Article 45(1)When a person who should be given compensation for bereaved family has died, that person's right to receive such compensation for bereaved family shall cease to exist.

(2)In the cases referred to in the preceding paragraph, the employer shall give compensation for bereaved family excluding the deceased from the persons with priority order under the provisionss of any of the three preceding Articles.

Article 46After the commencement of the payment of compensation in installments pursuant to the provisions of Article 82 of the Act, an employer may pay the remaining amount of the compensation in a lump sum according to appended table 3 with the consent of the person who should be given the compensation.

Article 47(1)Compensation for physical disabilities must be made within seven days from the date when the disability grade is determined after a worker has recovered from the injury or illness.

(2)Compensation for bereaved family and funeral rites expenses shall be paid within seven days from the date when persons must be given the compensation for bereaved family and the funeral rites expenses is determined after a worker dies.

(3)The second and later installments of compensation must be paid every year in the month corresponding to the month when the first installment of compensation is paid.

Article 48When accident compensation is made, the date when the accident causing death or injury has occurred or the date which is confirmed by diagnosis as that of the outbreak of the illness shall be the date when a cause has arisen to calculate average wages.

Article 48-2The businesses set in forth in Ordinance of the Ministry of Health, Labour and Welfare pursuant to the provisions of paragraph (1) of Article 87 of the Act shall be those businesses listed in item (iii) of appended table 1 of the Act.

Article 49(1)When an employer has come to usually employ ten or more workers, the employer shall submit the rules of employment under the provisions of Article 89 of the Act, to the Director of the Labor Standards Office Concerned without delay.

(2)A written document stating opinions to be attached to a notification set forth in the provisions of the preceding paragraph under the provisions of paragraph (2) of Article 90 of the Act, shall have the signature or the name and seal affixed by the representative of the workers.

Article 50The order to change rules of employment under the provisions of paragraph (2) of Article 92 of the Act shall be given in writing according to Form No. 17 by the Director of the Labor Standards Office Concerned.

Article 50-2Businesses involving dangerous activities or those involving activities harmful to health set forth in Ordinance of the Ministry of Health, Labour and Welfare under the provisions of paragraph (1) of Article 96-2 of the Act shall be listed as follows:

Article 51Deleted.

Article 52The Identification card which a labor standards inspector shall carry pursuant to the provisions of paragraph (2) of Article 101 of the Act shall be made according to Form No. 18.

Article 52-2The methods set forth in Ordinance of the Ministry of Health, Labour and Welfare under paragraph (1) of Article 106 of the Act shall be listed as follows:

Article 53(1)Items to be entered into a roster of workers (Form No. 19) under paragraph (1) of Article 107 of the Act shall be those listed as follows in addition to those provided by the same paragraph of the same Article:

(2)A workplace which regularly employs less than 30 workers shall not be required to enter items listed in item (iii) of the preceding paragraph into the roster.

Article 54(1)An employer shall enter the following items into the wage ledger for each worker under the provisions of Article 108 of the Act:

(2)When the rules of employment of the relevant workplace set forth prescribed working hours and days off different from those prescribed under the provisions of the Act, numbers of working hours under item (vi) of the preceding paragraph may be replaced by numbers of working hours calculated according to such rules of employment.

(3)When wage categories under item (vii) of paragraph (1) include wages paid in some form other than currency, the total appraised value of such wages must be stated.

(4)With regard to workers hired on a daily basis (except those who continue to be employed for a period exceeding one month), item (iii) of paragraph (1) shall not be required to be stated.

(5)With regard to workers who fall under any of the items of Article 41 of the Act, items (v) and (vi) of paragraph (1) shall not be required to be stated.

Article 55A wage ledger pursuant to the provisions of Article 108 of the Act must be prepared for regular workers (including those hired on a daily basis who continue to be employed for a period exceeding one month) according to Form No. 20, and for workers hired on a daily basis according to Form No. 21 (excluding those who continue to be employed for a period exceeding one month).

Article 55-2An employer may combine and prepare the roster of workers provided inArticle 53 and the wage ledger provided in Article 55.

Article 56The starting point of a preservation period of records under Article 109 of the Act shall be as follows:

Article 57(1)When an employer falls under any of the following items, the employer shall report each fact to the Director of the Labor Standards Office Concerned without delay according to Form No. 23-2 for item (i), according to Form No. 22 of the Industrial Safety and Health Regulations for item (ii), and according to Form No. 23 of the Industrial Safety and Health Regulations for item (iii):

(2)When the number of absences is less than four days in the case designated in item (iii) of the preceding paragraph, any employer shall report, according to Form No. 24 of the Industrial Safety and Health Regulations, to the Director of the Labor Standards Office Concerned those facts having arisen from January to March, from April to June, from July to September, and from October to December, by the end of the month after the last month of each period every year notwithstanding the provisions of the preceding paragraph.

(3)An employer who accepts a worker's deposit based on an agreement submitted under the provisions of paragraph (2) of Article 18 of the Act shall report on the condition of the savings management for the twelve month period ending on 31 March each year to the Director of the Labor Standards Office Concerned according to Form No. 24.

Article 58When an administrative government agency has an employer or worker submit a report on necessary matters or order them to appear to the premises of the agency pursuant to the provisions of paragraph (1) of Article 104-2 of the Act, this agency shall give notice of the following items:

Article 59Applicants shall submit two copies each of written applications for permission, approval, recognition, or designation stipulated by the Act and orders based on the Act.

Article 59-2(1)The forms (except Form No. 24) of an application of permission, approval, recognition, or designation, a notification, a report, a roster of workers, or a wage ledger prescribed by the Act and orders based on the Act show what should be written as a minimum, and shall not preclude the use of vertical or horizontal writing, or any other format.

(2)An employer may submit an application of permission or recognition, a notification, or a report to the administrative government agency according to the Form prescribed by the Act and orders based on the Act, writing personal signature on it instead of printing the name and affixing a seal on it.