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:

1
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.

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.