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Does lunch time count as working time?
Generally does not include. Workers work 8 hours a day, whether including lunch break is entirely up to the company, and the relevant laws in China have not made clear provisions on this. The labor law does not clearly stipulate whether 8 hours includes lunch break, and the employer has the right to stipulate in the rules and regulations whether 8 hours includes rest time and whether it can be included. Legal Reference: Article 36 of the Labor Law The state practices a working-hour system in which the daily working hours of laborers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours. Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework. Article 38 The employing unit shall ensure that workers have at least one day off every week. Article 3 of the Working Hours Regulations of the State Council: Employees shall work 8 hours a day and 40 hours a week.