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The Rest Breaks Guaranteed By The CLT Are Fundamental To The Health And Performance Of The Worker, And Non-Compliance With These Breaks Can Lead To Fines, Overtime Pay And Lawsuits In The Labor Court
The Consolidation of Labor Laws (CLT) guarantees that every worker has the right to rest periods, both during and between shifts. This measure exists because the break is essential for preserving the health, safety, and productivity of employees. Non-compliance with these rules can lead to fines, overtime pay, and lawsuits in the Labor Court.
Types of Scheduled Breaks
There are two main types of breaks: intrajornada and interjornada. The first occurs during the workday, and the second, between the end and the beginning of a new shift.
Although the Labor Reform of 2017 relaxed some rules, it maintained the obligation to compensate for the time not granted.
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Nonetheless, some companies still do not comply correctly with the periods established by law.
Breaks During The Workday
During intrajornada breaks, those who work more than six hours must stop for between one and two hours. Those who work four to six hours are entitled to at least fifteen minutes of rest.
In shifts of less than four hours, breaks are not mandatory. These periods must be respected because they reduce physical and mental strain.
Rest Between Shifts
The CLT also stipulates that workers have at least eleven consecutive hours of rest between one shift and another.
If the company disregards this break, the time omitted must be paid as overtime, with a minimum additional 50%. This rule prevents overload and helps maintain productivity.
Specific Regulations And Supervision
Some categories have special breaks defined by Regulatory Norms (NRs), which take into account the risks and efforts of the role.
According to labor law expert Dr. Wallace Antonio Dias Silva, NRs ensure differentiated breaks for various activities.
Failure to comply with these requirements can result in administrative fines, lawsuits, and impacts on vacations, 13th salary and FGTS.
Rest Break: Compliance And Prevention
To avoid legal issues, experts recommend that companies adopt efficient internal controls and correctly plan schedules.
Therefore, complying with breaks is the safest way to preserve labor rights and avoid financial losses.
With information from UOL.
