Published — June 22, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading “What are the rules on meal and rest periods of employees?”, read also “Can an Employer Require His Employee to Work on His Rest Day?”
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It shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals.
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Since the employees are no longer required to work during this one-hour lunch break, there is no more need for them to be compensated for this period.
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Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time.
Under the Labor Code, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals. (Article 85, Labor Code of the Philippines)
Jurisprudence says:
“For a full one-hour undisturbed lunch break, the employees can freely and effectively use this hour not only for eating but also for their rest and comfort which are conducive to more efficiency and better performance in their work. Since the employees are no longer required to work during this one-hour lunch break, there is no more need for them to be compensated for this period.” (Sime Darby Pilipinas, Inc. vs. National Labor Relations Commission, G.R. No. 119205 April 15, 1998)
It should be noted that nowhere is it stated in the Labor Code that the employees must take their meals within the office premises.
Jurisprudence says:
“Thus, the eight-hour work period does not include the meal break. Nowhere in the law may it be inferred that employees must take their meals within the company premises. Employees are not prohibited from going out of the premises as long as they return to their posts on time.” (Philippine Airlines, Inc. vs. National Labor Relations Commission, G.R. No. 132805 February 2, 1999)
However, there are instances wherein meal periods may be less than sixty (60) minutes but not less than twenty (20) minutes. For this, the shortened meal time must be with full pay.
The law says:
- Where the work is non-manual work in nature or does not involve strenuous physical exertion;
- Where the establishment regularly operates not less than sixteen (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. (Section 7, Rule III, IRR of the Labor Code of the Philippines)
Additionally, rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time. (Section 7, Rule III, IRR of the Labor Code of the Philippines)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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