Introduction
In Full Chamber Resolution No. 024-2024-SUNAFIL/TFL, issued on December 17, 2024, the TFL (Tribunal de Fiscalización Laboral – Labor Inspection Court) of the SUNAFIL (Superintendencia Nacional de Fiscalización Laboral – National Superintendence of Labor Inspection) reaffirmed the importance of the lunch break as a fundamental right of the worker, highlighting its unwaivable nature and its impact on health, safety, and productivity at work.
Right Unwaiverability of the Lunch Break
The Court emphasized that the lunch break, intended for the rest and feeding of the worker, is an unwaivable right, i.e., no agreement between the employer and the employee can modify, reduce, or eliminate this benefit. Even if the worker expresses his/her consent to waive the lunch break, it has no legal validity, due to the violation of labor standards protecting the personnel’s physical and psychological well-being.
The unwaivability of this right corresponds to a higher interest: to ensure healthy and balanced working conditions for employees. By protecting this period, the Court reinforces the need to preserve the employee’s integrity against possible detrimental agreements.
Minimum Length of 45 Minutes
The lunch break must be at least 45 minutes, according to current regulations, which 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 advantage of this time to rest or eat, without tasks or responsibilities during this period.
The Court emphasized that the minimum duration of 45 minutes is not arbitrary but designed to ensure that workers have sufficient time to recover from the daily physical and mental exhaustion. This break contributes to both individual well-being and business productivity.
Lunch Break Purpose
The principal purpose of regulating the lunch break is to mitigate the physical and psychological wear and tear that work generates, which 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 lunch break under the regulations. Among them are:
- Unwaivable nature: Any agreement limiting or suppressing the lunch break 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 enjoy the lunch break without interruptions or work assignments.
These precedents reinforce the importance of compliance with labor regulations in all workplaces, consolidating a standard of employee protection.
Conclusion
Full Chamber Resolution No. 024-2024-SUNAFIL/TFL reaffirms that lunch break is a fundamental, unwaivable, and essential right to ensure decent working conditions. By establishing clear precedents on its enforcement, the Labor Inspection Court strengthens health, safety, and productivity at work, benefiting both workers and companies. This ruling is a significant advance in protecting 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.