Introduction
In the Peruvian workplace, a question has arisen regarding whether part-time workers, i.e., those who work fewer than four hours a day, are entitled to the refreshment break during their working day. In this regard, the MTPE (Ministerio de Trabajo y Promoción del Empleo – Ministry of Labor and Employment Promotion) has issued Report No. 000680-2024-MTPE/2/14.1, addressing the right to refreshment for part-time workers. This report addresses the 45-minute refreshment for employees working fewer than four continuous hours.
MTPE’s Position on Refreshment for Part-time Workers
A private company consulted the MTPE regarding whether workers with continuous working days of less than four hours are entitled to a 45-minute refreshment break, especially when their schedule fits with the usual times for breakfast, lunch, or dinner. In response, the MTPE indicated that the right to a refreshment break does not depend on the length of the working day, but on the coincidence of working hours with the periods allocated for main meals. Therefore, if a part-time worker is working during these periods, they would be entitled to a refreshment break of at least 45 minutes. This time is not included in the working day, unless otherwise agreed by the collective agreement.
Divergent Opinions in the Workplace
Labor law experts have expressed conflicting opinions regarding the MTPE’s position. Some argue that the refreshment period is for full and continuous working days to permit the worker to recover energy after a long day. From this perspective, applying the refreshment to reduced working days could distort its original purpose.
TFL’s Resolutions
The TFL (Tribunal de Fiscalización Laboral – Labor Inspection Tribunal) has issued resolutions to enhance the importance of the refreshment break as a fundamental and inalienable right for workers. These resolutions emphasize that the refreshment is to safeguard the physical and psychological health of the worker, allowing them to disconnect and satisfy basic needs during the working day.
Our Experts’ Opinions
Our labor law specialists indicate that these regulations on refreshments address full and continuous working days. They argue that, in the case of reduced working days, the purpose of refreshments may not apply in the same way, since the purpose of the break is to allow the worker to recover during long working days. Conversely, the MTPE’s interpretation emphasizes the importance of timing coinciding with main meals, regardless of the length of the working day.
It is therefore essential that employers review and, if necessary, adjust their internal policies to ensure that part-time workers who work during times coinciding with main meals receive the corresponding refreshment break. It ensures compliance with labor regulations and contributes to the well-being and productivity of employees.
Conclusion
The debate over the right to refreshments for part-time workers highlights the need for greater regulatory clarity in the Peruvian labor market. In the meantime, employers and employees must maintain an open and constructive dialogue aimed at guaranteeing working conditions that promote welfare and productivity, respecting the rights and responsibilities of both parties.
Sources: El Peruano / Gestion.pe / Youtube / ASC Laboral