Lunch break in Brazil: minimum time, skipped breaks and how to claim
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Anyone working more than 6 hours is entitled to at least a 1-hour break. The intra-day break rules, reduction to 30 minutes, payment for breaks not granted and how to prove it.
Anyone working more than 6 hours a day is entitled to a meal and rest break of at least 1 hour and at most 2 hours. Between 4 and 6 hours, the break is 15 minutes (CLT, art. 71 — the CLT is Brazil's Consolidated Labor Laws). If the employer does not grant the break or grants only part of it, it must pay the missed time with a 50% supplement.
Quick summary
- More than 6h of work: a break of 1 to 2 hours.
- From 4 to 6 hours: a 15-minute break.
- Reduction to 30 minutes: possible by collective agreement (art. 611-A, III).
- Break not granted: the missed period + 50% is paid, as compensation (art. 71, §4).
- The break does not count as working time.
How payment works
Since the 2017 Labor Reform, if the worker takes 40 minutes for lunch instead of 1 hour, the employer pays only the 20 missed minutes, with a 50% supplement. This amount is compensatory, meaning it is not reflected in vacation and the 13th salary.
Example: salary of R$ 2,200, hourly rate of R$ 10.00. A 30-minute break instead of 1 hour, 22 days in the month → 11 missed hours × R$ 15.00 = R$ 165.00 for the month.
Common situations
- Eating "at the desk", answering phones or customers.
- Break recorded on the time clock but not actually taken.
- Frequent interruptions of lunch by calls.
- Drivers and couriers with no time to stop.
In these cases, the break may be considered not granted.
How to prove it
- Write down your actual lunch times.
- Keep messages received and answered during the break.
- Name witnesses who saw you working during that period.
- Check your time record: pre-filled breaks do not prove they were taken.
Frequently asked questions
Can I take a 30-minute lunch and leave earlier?
Only if a collective agreement authorizes the reduction. An individual agreement is not enough.
Is the lunch break paid?
No. The break does not count toward working hours, except when it is not granted.
Does someone who works 6 hours get a 1-hour lunch?
No. Up to 6 hours, the break is 15 minutes. If the working day regularly exceeds 6 hours, the break becomes 1 hour.
Read more in this series
Official sources consulted
- Consolidated Labor Laws (CLT) — arts. 71 and 611-A
- Law 13,467/2017 — Labor Reform
- Superior Labor Court — Precedent 437
Informational content, updated in October 2026. Collective rules may provide their own terms. This does not replace an individual analysis of your case.
Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.
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