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Mandatory 30 minutes LUNCH, is it LEGAL?

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1 Mandatory 30 minutes LUNCH, is it LEGAL? on Thu Oct 30, 2014 6:26 pm

erold


Arresto Menor
We always have mandatory overtime in our lunch, so instead of having 1 hour lunch, we only have 30 minutes. Is it LEGAL?

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2 Re: Mandatory 30 minutes LUNCH, is it LEGAL? on Thu Oct 30, 2014 6:40 pm

Katrina288


Reclusion Perpetua
Hi, under the law, regular meal breaks such as lunch should be 1 hour but not compensable. However, the employer can make your lunch break less than 1 hour BUT not less than 20 minutes and this short meal period must be credited as compensable work hours worked of the employee, meaning may bayad for the following reasons:

(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.

However, this rule is not applicable to:
a. government employees
b. managerial employees
c. field personnel
d. members of the family of the employer who are dependent on him for support
e. domestic helpers
f. persons in the personal service of another, and
g. workers who are paid by results.

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3 Re: Mandatory 30 minutes LUNCH, is it LEGAL? on Fri Oct 31, 2014 5:00 pm

erold


Arresto Menor
thanks. so sa bpo conpanies po ba allowed po ang ganito?

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4 Re: Mandatory 30 minutes LUNCH, is it LEGAL? on Sat Nov 01, 2014 8:59 am

attyLLL


moderator
in any company, it is allowed as long as that time period is compensated.


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5 Re: Mandatory 30 minutes LUNCH, is it LEGAL? on Sat Nov 01, 2014 11:28 am

Katrina288


Reclusion Perpetua
erold wrote:thanks. so sa bpo conpanies po ba allowed po ang ganito?

Yes, as I mentioned in my previous answer, allowed yan kasi 30 minutes naman. Just check with your HR regarding sa bayad sa inyo. Kasi dapat pag less than 1 hour yung meal break (but NOT less than 20 minutes), dapat may bayad yun. Meaning, kasama dapat yun sa pag bilang ng 8 hours of work per day.

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