Dear PAO,

I am a private school elementary teacher, and a new policy is being implemented in our school. During lunch time, teachers are required to watch over their pupils. It sounds like an easy task, but it actually prevents us from having our meal break. All our time is consumed by watching the kids we have to discipline. Thus, we are working for more than eight hours a day without meal breaks and additional compensation. Is this scheme valid under our labor laws?

Cynthia

Dear Cynthia,

Please be informed of Section 7, Rule I, Book III of the Omnibus Rules Implementing the Labor Code, which states that:

“SECTION 7. Meal and Rest Periods. – Every employer shall give his employees, regardless of sex, not less than one (1) hour timeoff for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee:

“(a) Where the work is nonmanual 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.

“Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time.” (Emphasis supplied)

As provided under Section 7 of the aforementioned implementing rules, employers are required to give not less than one hour of time-off for regular meals to their employees. This is, however, subject to the exceptional cases mentioned therein, where a period of not less than 20 minutes of meal break may also be given, provided that the same be considered as compensable working hours.

In your case, since you are still required to render work during your meal break by watching over your pupils to ensure that they are in order and disciplined, an act which does not constitute as manual labor as usually understood under the law, then such hours worked shall be considered as compensable. However, it must be emphasized that meal breaks of not less than 20 minutes should still be given to you and your coworkers to ensure compliance with our labor laws since our laws only allow meal breaks to be shortened, but never denied.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.