Implementing Rules of the Labor Code

of the Philippines:
Section 7. 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 (16) hours a
day;
(c) 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
(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. (Book III, Rule I)

This cited law clearly indicates that employees are entitled to a regular meal period of
not less than one hour. And should the said meal period be less than one hour, the
employer is bound to provide compensation for the employee during the said shortened
meal period.

The law also recognizes situations wherein the duration of a meal period can be less
than one hour but not shorter than twenty minutes. However, this arrangement is
applicable only if the nature of the work and the working conditions are among those
described in the above-cited law. And even during this shortened meal period, the
employees must be compensated.

Therefore, your factorys implementation of a 45-minute meal period is legal if the

employees are compensated during the said meal period and if the nature of their work
is among those enumerated above. Otherwise your factorys period policy is contrary
and in violation of Philippine labor laws.

How to shorten the 1-hour meal period

under the Labor Code
The 1-hour meal period should be uninterrupted. Did you know that you can shorten it?
The Labor Code provides that employees should be afforded a 1-hour meal period for
every day of work. It expressly provides that it should be continuous and uninterrupted.
The purpose of this is to ensure that the employees should be given ample opportunity
to take their meals and take a long rest during their work shift.
The law broadly uses the term meal period and thus it is not limited to breakfast,
lunch, and dinner. It may include a meal in between a graveyard shift (e.g. around 12:00
midnight). Thus, an employee should be provided a 1-hour meal period in-between his
8-hour work regardless of the time of the shift.
However, the 1-hour meal period may be shortened. The employer may decide to
shorten the meal period to not lesser than 20 minutes (i.e. it can be 30 minutes)
provided that certain conditions are met.
First, the shortened meal period will be credited as a compensable working hour.
Meaning, the counting of the employees 8-hour shift will include the shortened meal

period. Instead of spending 9 hours (8-hour work + 1-hour meal period), the employee
will only spend 8 hours with the shortened meal period counted (e.g. 8-hour work,
inclusive of 20-minute meal period).
Second, the shortened meal period may only be implemented under these situations: (1)
where the work is non-manual in nature or does not involve strenuous physical
exertion; or (2) where the establishment regularly operates not less than 16 hours a day;
or (3) 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 (4) where the work is necessary to prevent serious
loss of perishable goods.

Why does the law allow the shortening of the 1-hour meal
period?
It works in favor of both the employer and the employee.
The employer will be able to ensure continuity of work, where otherwise a 1-hour meal
period would interrupt it. Also, the operational cost for running the office would lessen
as the use of electricity and other utilities would be shortened as well.
On the other hand, the employee may be able to go home early and lessen time at the
office. This could result in less work stress, better health, and more productivity.

May an employer apply it to a one-off workday or a group of

employees only?
There is no express provision of law on how the shortened meal period may be
regulated. Hence, without such limitations, the employer may validly exercise its

management prerogative so long as it is done in good faith and with due regard to the
rights of the employees.
Hence, it is possible that the employer may require an employee to shorten its meal
period on a given day and revert back to the 1-hour meal period the following day.
Likewise, a group of employees may be allowed a shorter meal period, while the others
will not be permitted (e.g. those with manual or strenuous work).

Does this rule apply to managers and the managerial staff?

Yes, these apply to managers and the managerial staff (they are human being who need
to eat as well).
The issue that presents itself is how many times. Managers and managerial employees
are not covered by the 8-hour work day. Otherwise stated, they could be made to work
for as long as is necessary (in excess of 8 hours). For a 12-hour shift, there could possibly
be 2 meal periods.
On these situations, the employer should remember to exercise its management
prerogatives in good faith. While the managers and managerial staff are outside the
coverage of some provisions in the Labor Code, it should be borne in mind that they are
employees as well.
***
References: Article 82 of the Labor Code and its implementing rules.