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Reduced LUNCH or 30 mins LUNCH, is it LEGAL?

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1 Reduced LUNCH or 30 mins LUNCH, is it LEGAL? on Sun Sep 14, 2014 9:46 pm

erold


Arresto Menor
Sometimes, we have mandatory OT's. as in mandatory, whether you like it or like it. Pre-shift and Post shift. Usually it's 1 hour OT. But the thing is they still reduced the Lunch to 1 hours. so the OT is 1.5 hours. IS IT LEGAL????

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erold


Arresto Menor
can someone advice if this is LEGAL? i'm sick of this these OT, without asking the employees. 8 hours work, you will only have 30 mins lunch?????

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attyesc


Reclusion Temporal
Article 85 of the Labor Code mandates a 60-minute or one hour timeoff for meals, which is considered non-compensable. Section 7, Rule I, Book III of the Omnibus Rules Implementing the Labor Code reiterated the same rule, but cited exceptional cases where employees may be given a meal periods of not less than 20 minutes which is credited as compensable hours worked, as follows:

Where the work is non-manual work in nature or does not involve strenuous physical exertion;
Where the establishment regularly operates not less than sixteen hours a day;
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 will otherwise suffer; and
Where the work is necessary to prevent serious loss of perishable goods."
Thus, the general rule is that, employees must be given at least a one-hour meal period a day which will be considered non-compensable.

However, in those exceptional cases where shorter meal periods of not less than 20 minutes are allowed, such shorter meal periods will be counted as compensable working hours of the employees.

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erold


Arresto Menor
thanks atty, but this is very unacceptable to us because they didnt even ask us. they will just plot is as OT and if you didnt adhere, it will affect the stats.. we are not against before or after shift OT, but REDUCED lunch is TOO much.
where can I complain this issue atty?
TIA

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attyesc


Reclusion Temporal
hi. just go to DOLE or contact them through this website http://www.dole.gov.ph/queries/submit

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erold


Arresto Menor
thanks atty

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