Labor law as a branch of law has as its objective the protection of human labor performed in a free manner. In this sense, short breaks at work are fully established as labor law.

According to our Labor Code, in article 137, it is established that the “effective work time is the time where the employee is under the orders of his or her employer, or when the employee can not abandon his workspace where he gives his services during lunch or rest hours.

In which case, the effective work time also covers the minimum rest period that must be given to employees for thirty minutes of the working hours, as long as the working hours are continuous.

The minimum rest period 

The minimum rest period given to employees, as it is established in the mentioned article, is of half an hour, to consume any type of food or drinks, as long as the employees working period is continuous, without an interruption.

Nevertheless, the rest period can increase, with the right of salary pay. If the rest exceeds one hour, the employee can freely leave his working space, as long as there are nearby places where the employee can acquire and consume his food.

In this case, the working hours become discontinuous and the employer is not obligated to pay for such rest unless this was agreed on voluntarily.

It is important to mention that the law does not contemplate expressively any additional rest periods during working hours, such as “coffee breaks”. This corresponds to a practice that is incorporated as a benefit for employees, where generally they are granted 10-20 minutes that allow them to drink coffee or have a small snack.

When this benefit is granted, it is viewed as a legal custom that can very well become an acquired right, as long as it is incorporated in the work policies or the internal working bylaws.

What about days off?

However, article 152 of the Labor Code signals that “every worker has a right to enjoy one day of absolute rest after every week or six straight days of labor, that will be paid accordingly when dealing with employees that work in commercial establishments or when previously stipulated”.

Nevertheless, there exists a possibility that, for special reasons regarding the company, and as long as the labors regarding it are not dangerous, unhealthy, or heavy, that the employer requests his employees to work on their rest day, in which case he or she must pay the extraordinary working day, which is twice the salary stipulated for that day.

What about vacations?

At last, we have article 153 of the Labor Code, that signals that “every worker has the right to have annual paid vacations, which minimum is set for two weeks for every fifty continuous worked weeks, while serving the same employer”.

This article indicates that, in case that there is a termination of the work contract prior to the fifty weeks of continuous work, the employer will have a right, as a minimum, of one day of vacation per working month, that must be paid when the employer leaves his job.

If you require any type of advising regarding Labor Law, ERP Lawyers has a specialized team for this subject at your disposal. Do not hesitate to contact us