Meal Period.docx

As a general rule, every employer is required to give his employees not less than one hour (60 minutes) time-off for regular meals.1 Being time-off, it is not compensable hours worked. If he is required to work during such period, he should be compensated therefor. SHORTENING OF MEAL TIME TO NOT LESS THAN 20 MINUTES, WHEN COMPENSABLE The Implementing Rules2 allows the meal time to be less than 60 minutes under specified cases. However, such shortened meal time (say, 30 minutes) should be with full pay. In the following cases, a meal period of not less than 20 minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee: (a) Where the work is non-manual work in nature or does not involve strenuous physical exertion; (b) Where the establishment regularly operates not less than sixteen hours a day; (c) In cases of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer; and (d) Where the work is necessary to prevent serious loss of perishable goods. It should also be noted that under Section 7, Rule 1, Book III of the Implementing Rules, rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time. SHORTENING OF MEAL TIME TO NOT LESS THAN 20 MINUTES, WHEN NOT COMPENSABLE The law3 allows a situation where the meal time is shortened but is not considered compensable working time provided the following conditions are complied with: Art. 85 of the Labor Code of the Philipppines. Meal periods. — Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals. 2 Sec. 7 Rule 1, Book III of the Implementing Rules. Meal and Rest Periods. — Every employer shall give his employees, regardless of sex, not less than one (1) hour time-off for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee; (a) Where the work is non-manual work in nature or does not involve strenuous physical exertion; (b) Where the establishment regularly operates not less than sixteen hours a day; (c) In cases of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer; and (d) Where the work is necessary to prevent serious loss of perishable goods. 1

Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time. 3

Letter Opinion dated 27 November 1989 of Secretary Franklin Drilon to Kodak Philippines

(a) The employees voluntarily agree in writing to a shortened meal period and are willing to waive the pay for such shortened meal period (b) There should be no diminution in the benefits of the employees (c) The work of the employees does not involve strenuous physical exertion and they are provided coffee breaks in the morning and afternoon (d) The value of the benefits derived by the employees from the proposed work arrangement is equal to or commensurate with the compensation due them for the shortened meal period There is no specific law, rule or jurisprudence which prohibits the employer to split the one hour meal period as prescribed by the law. As long as the shortened meal period is not less than 20 minutes and the total 60 minutes of the required meal period is given to the employees every work day, it is submitted that the proposed “30-minute lunch break and 30 minute coffee break” is permissible under the Labor Code.