Philippine Labor Laws on “Overtime Without Break”
(A comprehensive legal article)

1 | Statutory Foundations

Legal Source	Key Provision	Core Rule
Labor Code, Art. 83 (renum. 91)	Normal hours of work	≤ 8 hours/day, exclusive of meal period
Labor Code, Art. 85 (renum. 93)	Meal periods	≥ 60 minutes; employer’s duty, not employee’s option
Labor Code, Art. 87 (renum. 95)	Overtime work	Pay = basic hourly wage + 25 % (ordinary days) or + 30 % (rest/holiday)
IRR, Book III, Rule I, § 7	Shorter breaks	20-min. meal break allowed only with DOLE permit; counted as hours worked
DOLE Dep’t Advisory No. 01-2015 (Renumbered Code)	Aligns article numbers to new citations
DOLE Labor Advisory 04-19 & subsequent FWAs	Flexible work does not waive meal-period duties	citeturn4search1
RA 11058 & its IRR (2018)	OSH fines for violation of rest-/meal-break rules where safety is affected (₱100 k – ₱1 M)	citeturn4search4

2 | Conceptual Link: Overtime + Breaks

“Hours Worked” doctrine. Any time an employee is required or permitted to work—even if labelled “break”—is compensable. Meal periods < 60 min. or spent on duty are treated as working time and, if the cumulative total breaches 8 hours, are paid at overtime rates. citeturn7search2
No waiver rule. Employees cannot validly waive the statutory 60-minute meal break; agreements to the contrary are void. Employers who skip or shorten it without a DOLE permit commit a continuing labor standards offense. citeturn0search1turn6search0
Continuous-operations exception. In industries that cannot stop (e.g., utilities, transport), the Secretary of Labor (delegated to Regional Directors) may authorize a 20-minute paid meal break. Beyond that, any work rendered remains overtime. citeturn6search3turn0search2

3 | Jurisprudence Snapshot

Case	G.R. No./Date	Doctrine Enunciated
Auto Bus Transport v. Bautista	156367, 16 May 2005	30-minute “on-board” lunch counted as hours worked; employer ordered to pay OT differential. citeturn0search2
Cebu Royal Plant Workers	58605, 12 Aug 1987	Sub-20-min. meal break in continuous process industry is compensable OT. citeturn4search8
Magsalin v. NAWAD (2022)	230041, 13 Dec 2022	12-hour shifts incl. 30--min. meal + two 15-min. breaks → extra 4 h OT awarded; break “control test” applied. citeturn2search0
Pre-Code cases (e.g., Iloilo Shanghai v. CIR, 1961)	L-16275	Stand-by duty during break = hours worked. citeturn2search1

4 | Computing Pay When No Real Break Is Given

Determine “hours worked.” Add actual work time + any break during which the employee remains under the employer’s control.
Identify excess over 8 hours. The portion beyond 8 hours is overtime.
Apply correct multiplier.
- Ordinary day OT: Basic hourly × 125 %
- Rest day/Special day OT: Basic hourly × 130 %
- Regular holiday OT: Basic hourly × 260 % (first 8 h) + 30 % on excess
  citeturn0search5
Meal-break premium. If only 30 min. was allowed, the unpaid 30 min. must be paid first at the straight hourly rate, then treated as part of the 8-hour threshold.

5 | Employees Not Covered by OT / Meal-Period Rules

Managerial staff, officers, field personnel, family drivers, & domestic workers (Art. 82), yet note OSH breaks still apply where safety is at stake. citeturn2search6
Project-based or task-based workers whose output, not time, is measured—only if truly outside employer control.

6 | Employer Exposure & Enforcement

Labor Standards Cases (DOLE). Labor inspectors may issue compliance orders; refusal can lead to closure. Criminal liability: fine ≤ ₱30 k + imprisonment (Art. 302).
OSH violations (RA 11058). Administrative fines ₱100 k – ₱1 M per day of violation if denial of breaks endangers safety. citeturn4search4
Money Claims (NLRC/Vol. Arb.). 3-year prescriptive period for OT differentials.

7 | Practical Compliance Checklist for Employers

Draft a written meal-break policy (60 min. default; shorter only with permit).
Secure DOLE permit before adopting a 20-minute paid break in continuous operations.
Automate timekeeping (biometrics + system logs for remote work).
Display schedule of OT rates in conspicuous places (required posting).
Train supervisors—no “voluntary” skipping of lunch; any work request during break triggers OT.

8 | Employee Remedies

Document hours (screenshots, e-mail instructions, GPS logs).
File a Single-Entry Approach (SEnA) request at DOLE as a non-adversarial first step.
Escalate to NLRC within 3 years if no settlement.

9 | Conclusion

Under Philippine law, overtime without a bona-fide break is never free labor. The moment an employer requires or even simply permits an employee to work through the statutory meal period, the time becomes compensable and—once it pushes the workday past eight hours—overtime premiums attach. The rules are strict, the jurisprudence emphatic, and the penalties costly; but compliance is straightforward: give the break or pay the extra wage.

This article provides general information only and is not a substitute for specific legal advice. For complex cases, consult counsel or your DOLE regional office.