Dear Atty. Kathy,
Our regular work day is from 8 a.m. to 5 p.m., with only a 30-minute lunch break. We asked management for a longer lunch break since according to the Labor Code, the time-off for regular meals should not be less than 60 minutes. However, management said it cannot give a lunch break longer than 30 minutes due to operational requirements, and can give instead short snack breaks of 15 minutes each in the morning and in the afternoon, bringing the total break time to 60 minutes. What will be the effect if our break time is not continuous and is divided as such?
Atlas
Dear Atlas,
According to Article 85 of the Labor Code and its implementing rules, it shall be the duty of every employer to give its employees not less than 60 minutes time-off for their regular meals.
A shortened meal period of not less than 20 minutes may be given by the employer, however, such shorter meal period is credited as compensable hours worked of the employee.
If a meal period is less than 20 minutes, this shall not be considered as meal time but merely as rest period or coffee breaks, and therefore, becomes compensable working time.
Applying the above, since the lunch break is only 30 minutes, such would be considered as compensable hours worked. The morning snack break of 15 minutes and the 15-minute snack break in the afternoon shall also be considered as compensable working hours.
Since the shortened meal breaks are considered as compensable working hours, then any hours in excess of the normal hours of work of 8 hours, including the paid break times, will be considered as overtime and should be paid as such, in accordance with Articles 83 and 87 of the Labor Code on Normal Hours of Work and Overtime Work. Thus, if your work day is from 8 a.m. to 5 p.m. inclusive of the compensable shortened meal times, it appears that you have 9 hours of work in a day, where 1 hour is compensable as overtime.
Atty. Kathy Larios