a. Meal Break

Meal Periods

General Rule: Meal periods are NOT compensable. Meal periods should not be less than 60 minutes. (Labor Code, Art. 85)

Exceptions:

• Where the lunch period or meal time is predominantly spent for the employer’s benefit;
• A one-hour meal period is compensable when the employee remains on duty during the period or cannot use it freely for their own purposes; a full, uninterrupted meal period that employees can use freely is not compensable (National Dev’t Corp. v. CIR, G.R. No. 15422, 1962)
• Shortened meal period of less than 1 hour must be compensable (IRR Labor Code, Book III, Rule 1, Sec. 7).

Meal period of not less than 20 minutes in the following cases are compensable hours worked:

• Where the work is non-manual work in nature or does not involve strenuous physical exertion;
• Where the establishment regularly operates not less than 16 hours a day;
• In case 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
• Where the work is necessary to prevent serious loss of perishable goods (IRR Labor Code, Book III, Rule 1, Sec. 7)

Note: Rest periods or coffee breaks running from 5- 20 minutes shall be considered compensable working time. (IRR Labor Code, Book III, Rule 1, Sec. 7)

Note: To shorten meal time to less than 20 minutes is not allowed. If it is less than 20 minutes, it becomes only a REST PERIOD and is considered working time (Labor Code, Art. 84, ¶ 2)

If standby is for emergency work, meal break is part of hours worked. (Pan-American World Airways System Philippines v. Pan-American Employees Association G.R. No.L-16275, 1961)

Exception to the exception: Shortened meal breaks upon the employee’s request are NOT compensable, provided that:

• There will be no diminution whatsoever in the salary and other fringe benefits of the employees existing before the effectivity of the shortened meal period;
• The work of the employees does not involve strenuous physical exertion and they are provided with adequate “coffee breaks” in the morning and afternoon.
• 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 as well as the overtime pay for 30 minutes as determined by the employees concerned;
• The overtime pay of the employees will become due and demandable if ever they are permitted or made to work beyond 4:30 p.m.; and
• The effectivity of the proposed working time arrangement shall be of temporary duration as determined by the Secretary of Labor (2004 BWC Manual on Labor Standards).

Note: For a full one (1) hour undisturbed lunch break, the employees can freely and effectively use this hour not only for eating but also for their rest and comfort. Since the employees are no longer required to work during this 1-hour lunch break, there is no more need for them to be compensated for this period. (Sime Darby Pilipinas v. NLRC, G.R. No. 119205, 1998)