Do you know the difference between interjornada and intrajornada?

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pontotel - what is the difference between interjornada and intrajornada?
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by  Cheron Moura.

What is the requirement of these intervals? Check out what the law says.

A working day of employees has a series of specific Consolidation of Labor Laws (CLT), which guarantees workers' rights, such as the Intrajornada and Interjornada interval. But do you know the difference between them?

To help managers prepare this article explaining the main differences between these intervals and what determines the legislation for each. Check out!

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What is the interval intrajornada?

The intrajornada is the interval for rest or feeding granted during the working day, ie the lunch break for 8 hours or 15 minutes for journeys between 4 and 6 working hours.

According to the labor reform, for journeys with more than 6 hours, the interval must be at least 1 hour and at most 2 hours, and can be reduced and fractionated by means of employee agreement and employer and union.

Remembering that the intervals are not included in the duration of the work, ie if the employee performs a journey of 8 hours, beyond this period there is 1 rest time.

What happens in case of non-compliance with this interval?

If the employer does not grant the employee lunch break, the company must then pay it as if it were extra hour.

A labor reform Brazilian law establishes in its §4º of art. 71 that the non-granting, or partial concession of the intrajornada interval, implies payment of only the unrealized period, with the addition of 50% on the value of the remuneration of normal working hours. That is, if the employee has the right to work 1, but only realized 40 minutes, it is up to the company to compensate with the addition of 50% the 20 unrealized minutes. Not the full hour as it was done in old legislation.

Possibility of reduction or fractionation of the intrajornada interval.

With the changes imposed by the labor reform, the meal interval may be reduced to at least 30 minutes, provided that the company negotiates through a convention or collective bargaining agreement.

For drivers, collectors, employees of public passenger transport companies, field inspectors and road vehicle operations services, this interval may be reduced or reduced in smaller intervals granted at the end of each journey, provided that the remuneration and forecast are maintained in a collective norm of work.

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What is interval Interjected?

Intergiven interval is the period of rest between the end of a daily working day and the beginning of the other. Between two workdays a minimum period of 11 consecutive hours of rest must be done.

This rest between one journey and another is aimed at recovering the workforce, aiming at the health and safety of the worker.

What happens in case of non-compliance with this interval?

The law does not determine what should be done in such cases. But according to the TST (OJ # 355 of the SDI-1 of the TST), when the intergiven interval is not granted correctly, you must pay the overtime to the worker for the hours suppressed.

Because the inter-purpose interval is aimed at the recovery of the worker, it is considered an important measure for the health, hygiene, safety and sociability of the employees. For this reason, no reduction or fractionation is allowed, even when the worker agrees.

It is worth mentioning that it is necessary to record of everyone's journey employees, to prove the enjoyment of intergiven intervals and intrabirth, absences, delays and control overtime.

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