Introduction
In Full Chamber Resolution No. 024-2024-SUNAFIL/TFL, issued on December 17, 2024, the Labor Inspection Court (TFL) of the National Superintendence of Labor Inspection (SUNAFIL) reaffirmed the importance of the snack time as a fundamental right of the worker, highlighting its unwaivable nature and its impact on health, safety and productivity at work.
Unwaivability of the right to be granted for the use of the snack time
The Court emphasized that the snack time, established as a period destined to the rest and feeding of the worker, is an unwaivable right. This means that no agreement between the employer and the employee can modify, reduce or eliminate this benefit. Even if the worker expresses his consent to waive the meal break, such provision has no legal validity, since it violates the labor standards that protect the physical and psychological well-being of employees.
The unwaivability of this right responds to a higher interest: to ensure healthy and balanced working conditions for workers. By protecting this period, the Court reinforces the need to preserve the integrity of the employee against possible agreements that could be detrimental.
Minimum duration of 45 minutes
Refreshment time must be at least 45 minutes, according to current regulations. This break must be granted within the working day and cannot be replaced or shortened under any circumstances. In addition, it must be effective, i.e., the worker must have the real possibility of taking advantage of this time to rest or eat, without being assigned tasks or responsibilities during this period.
The Court emphasized that the minimum duration of 45 minutes is not arbitrary, but is designed to ensure that workers have sufficient time to recover from the physical and mental exhaustion generated by daily work. This break contributes to both individual well-being and business productivity.
Purpose of break time
The main purpose of regulating the snack time is to mitigate the physical and psychological wear and tear that work generates in the worker. This rest is essential to preserve the health and safety of the employee, allowing a recovery that favors both the worker and the employer, by ensuring an adequate aptitude for productivity.
Administrative precedents
The resolution establishes key criteria as precedents of mandatory observance, reinforcing compliance with the snack time in accordance with the regulations. Among them are:
- Unwaivable nature: any agreement limiting or suppressing the snack is null and void and has no legal validity.
- Minimum duration: The employer must guarantee a time of 45 minutes for all workers within the working day.
- Effective compliance: The worker must have the real possibility of enjoying the snack time without interruptions or work assignments.
These precedents reinforce the importance of compliance with labor regulations in all workplaces, consolidating a standard of protection for employees.
Conclusion
Full Chamber Resolution No. 024-2024-SUNAFIL/TFL reaffirms that snack time is a fundamental, unwaivable and essential right to ensure decent working conditions. By establishing clear precedents on its enforcement, the Labor Inspection Court contributes to strengthen health, safety and productivity at work, benefiting both workers and companies. This ruling represents a significant advance in the protection of labor rights in Peru.
Source: Full Chamber Resolution No. 024-2024-SUNAFIL-TFL - Norms and legal documents - National Superintendence of Labor Inspection - Peruvian State Platform.