When Is Meal Time Compensable?

Image Source

Published — June 1, 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.

Read also: Can Employees Be Compelled To Render Overtime Work?

Labor Code provides that every employer shall give his employees not less than 60 minutes or 1 hour time-off for regular meals. 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. v. NLRC, G.R. No. 119205).

However, there are instances where meal time can be compensated. These include the following:

1. When employee’s meal time was predominantly spent for the employer’s benefit; or
2. When employee’s meal time is less than 60 minutes.

The implementing rules allow the meal time to be less than 60 minutes, under specified cases and in no case shorter than 20 minutes (IRR, Book III, Rule 1, Sec. 7). If the so called “meal time” is less than 20 minutes, it becomes only a rest period and is considered working time. Thus, rest periods or coffee breaks running from 5 to 20 mins shall be considered as compensable working time (IRR, Book III, Rule, Sec. 7).

Shortened Meal Time

Shortened meal time can either be compensable or not compensable depending on the situation.

A. Compensable

A shortened meal time can be compensable,at the instance of employer, when:

1. Work is non-manual in nature or does not involve strenuous physical exertion;
2. Establishment regularly operates less than 16 hours a day;
3. Work is necessary to prevent serious loss of perishable goods.
4. Actual or impending emergency or there is urgent work to be performed on machineries and equipment to avoid serious loss which the employer would otherwise suffer (Sec. 7, Rule I, Book III, IRR).
5. Establishment regularly operates less than 16 hours a day;
6. Work is necessary to prevent serious loss of perishable goods.
7. Actual or impending emergency or there is urgent work to be performed on machineries and equipment to avoid serious loss which the employer would otherwise suffer (Sec. 7, Rule I, Book III, IRR).

B. Not Compensable  

When employees requested for the shorter meal time so that they can leave work earlier than the previously established schedule, the said meal time is not compensable provided the following requisites are present:

1. Employees voluntarily agree in writing and are willing to waive overtime pay for the shortened meal period;
2. No diminution in the salary and other fringe benefits of the employees which are existing before the effectivity of the shortened meal period;
3. Work of the employees does not involve strenuous physical exertion and they are provided with adequate coffee breaks in the morning and afternoon;
4. Value of the benefits derived by the employees from the proposed work arrangements 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;
5. Overtime pay will become due and demandable after the new time schedule
6. Arrangement is of temporary duration.

---

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.

All rights reserved.

---

SUBSCRIBE NOW FOR MORE LEGAL UPDATES!

[email-subscribers-form id=”4″]