Does the 8 hour working day include meal breaks?

Labor. The so-called lunch break is actually the so-called "break time between working days" in the labor law.

According to the Labor Law of the People's Republic of China and relevant laws and regulations, the rest time of an employee includes the interval between working days, the rest between two working days and the weekly rest day. Among them, the interval of the working day refers to the necessary rest and meal time given to the worker in the course of work. In the process of work, workers should be given a certain amount of rest time and meal time, so that the workers' energy can be restored and they can devote themselves to work energetically.

Generally speaking, enterprises and institutions that implement a one-shift or two-shift system should have an interval of about four hours after the workers start working, and the interval time should be one to two hours for the workers to eat and rest, usually one to two hours, but not less than half an hour. In some positions, due to the fact that production cannot be interrupted, a fixed intermittent time cannot be implemented, so employees should be allowed to have meal time during working hours.

In enterprises and institutions that implement a three-shift system, if the working hours of two shifts are 8 hours each, and the working hours of the night shift are 7 hours, the interval time of each shift is 20 minutes. Where the shift system is implemented, the shifts shall be changed on an average basis, and shall generally be transferred after the rest day, and after the shift is changed, the employee shall not be allowed to work two consecutive shifts.

For intervals in the working day, it is usually not counted as 8 hours of working time. However, if there is a special agreement between the employer and the employee on whether the interval time is less than 8 hours, as long as the agreement is higher than the provisions of the law, it is also valid. Some units implement the system of inter-work exercises, that is, a 20-minute break is stipulated in the middle of the working hours of four hours in the morning and four hours in the afternoon, which generally begins after two hours of work.

The law does not include it, but it depends on the actual situation of the unit.

The Labor Law does not explicitly stipulate whether the 8-hour break includes a lunch break, and the employer has the right to stipulate in the rules and regulations whether the 8-hour break includes a break period, which can be included or excluded.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 37 The employer shall reasonably determine the labor quota and piecework remuneration standards for workers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week. Article 3 of the "Provisions on Working Hours": Employees work 8 hours a day and 40 hours a week.

The eight-hour work system is what many people want at present, after all, when you go to the interview, the personnel will say that the working hours are eight hours, but in fact, there is more than an eight-hour work system, so you need to adapt to it. So, what time is the eight-hour workday? Does the 8-hour work system include meal time?

What time is the eight-hour workday?

An eight-hour workday is an eight-hour workday, usually starting at 9 a.m. and ending at 5 p.m., including a lunch break, usually around 12 noon to 1 pm. Of course, the actual working hours may vary from industry to industry, from company to company, from country to country.

Does the eight-hour workday include meal breaks?

In general, an eight-hour workday is defined as an eight-hour day, excluding breaks and meal breaks. Whether or not the specific meal time is counted in the working hours may vary according to the regulations of different regions, different industries, and different companies. Some companies may count meal breaks as part of working hours, but in the vast majority of cases, meal breaks don't count as working hours.

Is it illegal to work 8 hours in a row without eating?

In most countries, there is no mandatory requirement to take a break for eight hours of work. However, according to the provisions of the labor law, employers are responsible for the health and safety of their employees. Therefore, if an employee does not eat during a break after 8 hours of continuous work, it may affect physical health, which can lead to a decrease in the quality of work and increase the risk of accidents.

Therefore, the laws and regulations of some countries must not be searched, and employees must be provided with rest time to eat, rest and recuperate, so as to ensure the quality of work and the health and safety of employees.

Legal Analysis: The 8-hour working day does not include a lunch break.

Legal basis: Article 3 of the "Provisions on the Working Hours of Employees" The State implements a working hour system of 8 hours a day and an average of 40 hours per week.

Legal Analysis: Whether or not meal time counts as 8-hour working hours depends on the state of work. In real life, the law stipulates that workers work 8 hours a day.

However, whether meal time should be counted as working hours depends on the specific work status and depends on the situation, and it is difficult to have a unified answer.

Legal basis: Labor Contract Law of the People's Republic of China

Article 15 A labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the employee agree that the completion of a certain task is the term of the contract.

The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.

Article 17 The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, resident identity card or other physical possession number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that laws and regulations stipulate shall be included in the collapse of labor stools.

1. Working eight hours a day refers to working hours, and strictly speaking, working hours do not include breaks and meal breaks.

2. In a post that works for eight hours in a row, there must be time that the human body naturally needs to go to the toilet, eat, and drink water, which is short-term and should be included in the working time. However, if the meal or rest exceeds the reasonable time, the working time shall not be calculated, and this is generally subject to the management regulations of the employer. At the same time, some localities have issued local regulations, which can be implemented with reference.

Provisions on the Working Hours of Employees".

Article 3 Employees work 8 hours a day and 40 hours a week. Jiangsu Provincial Department of Labor and Social Security "Reply to the Request for Instructions on Issues Concerning the Three-shift Working Hours of Enterprise Employees" Wuxi Labor Bureau: Your Bureau's "Instructions on Issues Related to the Three-shift Working Hours of Enterprise Employees" (Xilaoan 2000 No. 24) has been received, and after research, the reply is as follows:

1. Statutory working hours refer to the time that the laborers are engaged in production or work within a certain period of time as stipulated by laws and regulations. It includes the number of hours worked per day and the number of days and hours worked per week.

Working hours include not only the actual working hours of the workers, but also the preparation time for the workers to engage in production or work, the time for sorting and handing over before the end, as well as the rest time, the time when the human body naturally needs (such as drinking water, going to the toilet, etc.), the breastfeeding time of female employees, and the time when leaving the job in accordance with the requirements of laws and regulations or administrative leaders and being engaged in other activities (such as the time of trade union activities, administrative activities, business trips, and the time of performing social duties, etc.).

2. The three-shift enterprise employees who have uninterrupted production and work eat in class are their own physiological needs and work needs, and their short-term interruption of meal time should be counted as working time. Office of Jiangsu Provincial Department of Labor and Social Security, October 8, 2000.

Does the 8-hour working day include a lunch break?

It is generally accepted that the 8-hour working day does not include a lunch break. Under the standard working hours system, normal working hours cannot exceed 8 hours per day, and the excess part is counted as overtime. In addition, the maximum number of overtime hours per day shall not exceed 3 hours, and 12 hours of continuous work has exceeded the statutory overtime limit, which is suspected of violating the labor law, and a reasonable lunch break can be removed from the working hours.

Go to work at 8 o'clock in the morning, and then get off work at 11:30 o'clock to eat, and the deduction is 14 trillion hours

If the employee breaches the contract in the labor contract, the employee may be subject to wage deduction, and whether the deduction of wages is legal depends on the actual situation.

Is it possible to conduct labor arbitration if the working hours are more than 8 hours under the labor law?

If the working hours exceed 8 hours, the worker and the employer shall negotiate and if the negotiation fails, he or she may apply to the labor arbitration commission for labor arbitration. Legal basis: Article 36 of the Labor Law of the People's Republic of China The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 37 The employer shall reasonably determine the labor quota and piecework remuneration standards for workers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law. Article 38 The employer shall ensure that the worker has at least one day off per week. Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of its production and production, it may, with the approval of the labor administrative department, implement other methods of work and rest.

Does the eight-hour workweek include a lunch break?

Eight-hour working dayThe national law stipulates that the length of the working day is 8 hours, and the eight-hour working day is generally implemented in all countries of the world. So, the eight-hour workday includes a lunch break, and many workers are often vague about this concept. Under the standard working hours system, normal working hours cannot exceed 8 hours per day, and the excess part is counted as overtime.

Moreover, the maximum number of overtime hours per day cannot exceed 3 hours, and 12 hours of continuous work has exceeded the statutory overtime limit, which is suspected of violating the Labor Law. It is generally accepted that an 8-hour working day does not include a lunch break, and a reasonable lunch break can be removed from the working time. It should be reminded that positions with irregular working hours and comprehensive calculation of working hours are not subject to the 8-hour working time limit.

Does the eight-hour workweek include a lunch break?

The eight-hour workday does not include a lunch break, and a reasonable lunch break can be removed from the working time. Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day. If an employer illegally extends the working hours of an employee, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

Relevant legal provisions.

Article 36 of the Labor Law of the People's Republic of China stipulates that the State implements a system of working hours in which the daily working hours of workers shall not exceed 8 hours, and the average weekly working hours shall not exceed 44 hours.

Article 3 of the Provisions on the Working Hours of Employees.

Legal analysisWhether lunch and lunch break are counted as working hours varies from unit to unit in real life. Some employers have a very relaxed work system, allowing employees to take a two-hour lunch break of 1 to 2 hours, and the lunch break is counted as working time. It is worth mentioning that if the employer clarifies that its 8-hour working hours include lunch and lunch breaks, then the employee's work outside of these 8 hours constitutes overtime time, and the employer should pay overtime pay separately, and it is not appropriate for the employer to make a contradictory interpretation of the working hours.

Working hours mean that the employee should transfer the right to use the labor force to the employer, and during this time, the employee and the employer form a very typical subordinate relationship, and they must comply with the rules and regulations of the employer.

Legal basisLabor Law of the People's Republic of China Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.