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Right to a Refreshment Break for Part-Time Workers

28 March, 2025

Introduction

In the Peruvian workplace, a question has arisen as to whether part-time workers, i.e. those who work less than four hours a day, are entitled to a refreshment break during their working day. In this regard, the Ministry of Labor and Employment Promotion (MTPE) has issued Report No. 000680-2024-MTPE/2/14.1, addressing the right to refreshment for part-time workers. This report responds to queries as to whether employees who work less than four continuous hours are entitled to a 45-minute refreshment period.

Position of the MTPE on refreshment on part-time

A private company consulted the MTPE as to whether workers with continuous working days of less than four hours are entitled to a 45-minute refreshment break, especially when their schedule coincides with the usual times for breakfast, lunch or dinner. In response, the MTPE indicated that the right to a refreshment break is not conditioned by the length of the working day, but by 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 considered part of the working day, unless otherwise agreed by 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 designed for full and continuous working days, with the purpose of allowing the worker to recover energy after a long day. From this perspective, applying the refreshment to reduced working days could distort its original purpose.

Resolutions of the Labor Inspection Tribunal

The Labor Inspection Tribunal (TFL) has issued resolutions that reinforce the importance of refreshment time as a fundamental and inalienable right for workers. These resolutions underline that the purpose of refreshment is to safeguard the physical and psychological health of the worker, allowing them to disconnect and satisfy basic needs during the working day.

Opinions of our experts

Our labor law specialists have pointed out that these regulations on refreshments are aimed at full and continuous working days. They argue that, in the case of reduced working days, the purpose of refreshments may not be applicable in the same way, since the purpose of the break is to allow the worker to recover during long working days. However, 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 that coincide with main meals receive the corresponding refreshment time. This not only ensures compliance with labor regulations, but also 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, it is essential that employers and workers maintain an open and constructive dialogue aimed at guaranteeing working conditions that promote well-being and productivity, respecting the rights and responsibilities of both parties.

 

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