On December 24, 2024, the Labor Inspection Tribunal (hereinafter TLF) of the National Superintendence of Labor Inspection - SUNAFIL issued 03 resolutions containing new precedents of mandatory observance, the summary of which is as follows:
On request for extension in inspection procedures
Full House Resolution No. 023-2024.SUNAFIL/TFL
- The TFL has indicated that labor inspectors must evaluate requests for extensions submitted by administrators, taking into account factors such as the complexity, quantity, and age of the information requested.
On the right to refreshment
Full House Resolution No. 024-2024.SUNAFIL/TFL
- The TFL has emphasized its inalienable nature as a right, which is why it must be granted during the working day, with a minimum duration of 45 minutes. It has also specified that this time cannot be brought forward (to the start of the working day) or transferred (to the end of the working day), and that agreements (which should be understood as those contained in clauses of the employment contract, clauses of a collective bargaining agreement, or arbitration award) between the employer and employee can only modify the specific time within the working day, but in no way eliminate it.
On social security
Full House Resolution No. 025-2024.SUNAFIL/TFL
- The TFL has indicated that it is mandatory for all workers to be affiliated with a pension system from the beginning of their employment. This obligation also applies to microenterprises and is neither optional nor waiverable.
