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.