Dear Attorney,
I am currently employed by a company that provides a 2-hour break in our daily schedule. I would like to know if such an arrangement is allowed under Philippine labor laws. Are there any restrictions regarding break periods, and how should they be structured? I appreciate your guidance on this matter.
Sincerely,
[Concerned Employee]
Insights
In the Philippines, employee breaks are governed by the Labor Code of the Philippines, specifically under Book III, Title I, Chapter III, which covers "Working Conditions for Special Groups of Employees." According to Article 85 of the Labor Code, every employer is required to provide employees with a meal break of not less than 60 minutes for every 8 hours of work.
This mandatory 60-minute meal break is considered unpaid, unless specified otherwise in a collective bargaining agreement or company policy. However, nothing in the Labor Code prohibits employers from offering longer breaks, such as a 2-hour break, provided it complies with the minimum standard and that there is no reduction in the total compensable working hours for employees.
Furthermore, any deviation from the standard practices laid out in the Labor Code must be agreed upon by both the employer and the employee. An employer may extend meal or rest breaks as part of company policy, provided these are fair and do not compromise employee compensation or other rights protected under labor laws.
Employers also have the flexibility to institute policies that offer benefits beyond the minimum requirements set by law. However, any break period beyond what is mandated in the Labor Code, like a 2-hour break, should not affect the employees' total number of working hours, pay, or result in extended work shifts without appropriate overtime compensation.
Ultimately, the legality of such a break schedule depends on how the break is structured and agreed upon, as well as its alignment with existing laws on minimum break periods and work hours. Any potential issues should be clarified with your employer or by consulting the Department of Labor and Employment (DOLE) for guidance.