Ask: I saw a story that disputes second reading exemple about working overtime on newspaper of some other place: An employee works actually 8 hours, lunch half hours additional plan, this employee thinks lunch time is human body nature needs time to should be regarded as working hours, consequently shape tells a court, requirement location company pays his since 2003 everyday the overtime of half hour. The appeal of this employee got forensic support finally. My inquisitive is the company that I am in everyday noon break a hour, according to legal provision, whether can also regard working hours as.
Answer: About the case that you allude, we think, lunch time is regarded as working hours, can be a kind of agreement of employ both sides only, and the direct force that does not have law.
8 hours of working hours, be " labor law " day of working hours of the fulfils standard duty laborer of direct regulation. It reflected the protection with healthy to laborer body and mind law on one hand, also be the right protection that uses labour force to unit of choose and employ persons on the other hand. Accordingly, inside 8 hours of working hours, laborer should give choose and employ persons the unit sell one's own things of labour force access, in this for a short while inside the subordinating relation that laborer and unit of choose and employ persons form special typical case, need the each regulations system of unit of comply with choose and employ persons.
According to afore-mentioned analysises, "Whether is lunch time brought into 8 hours of working hours " propositional nonexistent affirmation and negative judgement, the key depends on the answer should be decided by unit of choose and employ persons. In real life, unit of a few choose and employ persons implements very comfortable job system, allow staff midday rest 1 to two 2 hours, and noon break time plan enter working hours. Be worth what carry is, if servantchoose a person for a job,the working hours that the unit made clear his 8 hours includes time of lunch lunch hour, so employee forms overwork time in these 8 hours of jobs besides, unit of choose and employ persons should pay overtime additionally, unfavorable make self-contradictory explanation to working hours again.
Finally, needing those who remind unit of choose and employ persons is, law is made to the working hours of group of certain and special laborer mandatory of the regulation, unit of choose and employ persons must want comply with. For example, " female worker labor protection sets " specific provision, have dissatisfaction the female worker of baby of 1 one full year of life, its are in an unit to ought to give its twice lactation time inside every work time, every time 30 minutes. Lactation time and the time in road goes there and back in this unit lactation, count work time.
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