Labor laws: is lunch time right for workers?

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Labor laws: is lunch time right for workers?

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One of the most expected times for workers is lunch time, whether to eat, to rest or to carry out some personal activity. However, in labor laws, lunchtime is still an issue that raises many doubts.

Mainly due to the labor reform 2017. In times of home office, the questions are even greater, as not everyone follows the same work routine.

In the labor laws, is lunch time scheduled? The answer is yes! Since, this is the right of all registered workers with a formal contract. However, the details vary according to the characteristic and the workday of each professional.

In this article, we will talk a little more about the topic and clarify the main doubts on the subject. You will read about:

  • What is lunch time?
  • Who is entitled to lunch hours?
  • Why is lunchtime important?
  • Who defines lunch time in labor laws?
  • Does lunchtime count as time worked?
  • What has changed with the 2017 Labor Reform?

So, come on!

What is lunch time?

It is a moment of pause in which the worker can have a meal and rest within his workday. CLT lunch hours must be followed by all companies, following the rules of each situation.

Who is entitled to lunch hours?

Every professional registered under the rules of the Consolidation of UK residents Laws (CLT) has the right to lunch.

However, in view of labor laws, lunch hours must occur when the employee fulfills a working day of at least 04 hours a day, which is the case with most workers.

Why is lunchtime important?

We know that the human body has a limit of productivity. No worker can perform his duties fully for hours in a row. The employee is not obliged to comply with lunch hours within the company.

Despite being called lunch time, the employee must not necessarily use the time to eat. He can take advantage of the break to go to the gym, the bank or take a walk on the street.

The important thing is that the schedule agreed with the employer is observed.

Who defines lunch time in labor laws?

As previously mentioned, in the labor laws, lunch hours are the right of every professional who fulfills a workday that exceeds 4 hours a day. However, the time of rest varies according to some rules determined by labor laws.

Lunchtime law

So, let’s go to what article 71 of the CLT determines:

Art. 71 – In any continuous work, whose duration exceeds 6 (six) hours, it is mandatory to grant an interval for rest or food, which will be, at least, 1 (one) hour and, unless written agreement or collective agreement in otherwise, it may not exceed 2 (two) hours.

§1st – Not exceeding 6 (six) hours of work, however, an interval of 15 (fifteen) minutes will be mandatory when the duration exceeds 4 (four) hours. ”

This means that every employee with a 4-hour workday is entitled to at least 15 minutes a day. Those who work from 6 hours a day should have a minimum rest of 1 hour, up to 2 hours.

Labor laws further state that:

‘Art.71 – § 3 – The minimum limit of one hour for rest or meals may be reduced by an act of the Minister of Labor, Industry and Commerce, when hearing the Social Security Food Service, if it is verified that the establishment fully meets the requirements concerning the organization of cafeterias, and when the respective employees are not under a regime of work extended to overtime. ”

Thus, if there is a need and, being agreed between the employee, company and union of the category, it is possible to change the lunch time.

Does lunchtime count as time worked?

No, according to labor laws, lunchtime must be added to working time. Therefore, when a worker works for 4 hours plus 15 minutes of rest, he will have a 4-hour and 15-minute day.

The same happens with those who work 6 hours and have 1 hour of lunch, adding up to 7 hours of work. The rule is described in paragraph 2 of article 71 of the CLT.

“Art. 71 – § 2 – Rest intervals will not be counted in the duration of the work.

In short, lunchtime enters the workday, but the hour is unpaid and is not counted as hours worked.

What has changed with the 2017 Labor Reform?

For the Federal Law 13.467 / 17, in the new labor law, the lunch break can be reduced by the employee to 30 minutes, as long as it is negotiated between the employee and the company.

If this arrangement occurs, the employee can enter 30 minutes later or leave the service earlier. The rule of fulfilling a maximum of 44 weekly hours of work remains.

This reduction can only happen if it is determined in a collective agreement or convention. Understand a little more about the topic in this text from our blog.

Still in article 71, the CLT determines:

§ 5 – The interval expressed in the caput may be reduced and / or fractionated, and that established in § 1 it may be divided, when included between the end of the first hour worked and the beginning of the last hour worked, provided that it is provided for in a collective labor agreement or agreement, given the nature of the service and due to the special working conditions to which they are strictly subjected. drivers, collectors, field inspectors and the like in road vehicle operation services, employed in the collective passenger transport sector, the remuneration is maintained and shorter rest intervals are granted at the end of each trip. (Wording given by Law No. 13,103, 2015) (Effective) ”

It is worth noting that companies that do not comply with labor legislation on lunch hours are subject to a fine. The value of hour worked must be paid with an additional 50% indemnity to the worker.

It is clear then that in the labor laws, lunchtime is the right of every worker registered with the CLT.

The time is determined according to the working day and can be negotiated between the employee and the employer, in order to increase productivity and offer rest to the professional.

What about you, do you have lunch at work? Did you have any questions? Leave your comment below.

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