Dear PAO,
I am working as a customer service representative at a call center based in Metro Manila. Our work schedule includes eight working hours, one-hour meal break and two coffee breaks of twenty minutes. However, the company directed that coffee breaks must be spent at our respective workstations in order to be considered compensable. Since I joined the company, I requested Human Resources to allow me to spend my meal breaks and coffee breaks outside the premises as I have claustrophobia or fear of confined spaces. My request was granted, but I get deductions from my basic salary due to my coffee breaks spent outside our office building. Are the deductions from my salary lawful and valid?
-Alisa
Dear Alisa,
Pursuant to the Labor Code of the Philippines and its implementing rules and regulations, employers are mandated to allow their employees meal breaks of not less than sixty (60) minutes for their regular meals, and rest periods or coffee breaks of five (5) to twenty (20) minutes. The pertinent provisions are as follows:
“ART. 85. Meal Periods. – Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals.” (Book III, Title I, Chapter 1, Labor Code)
“SECTION 7. Meal and Rest Periods. — Every employer shall give his employees, regardless of sex, not less than one (1) hour time-off 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.
“(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.” (Book III, Rule I, Omnibus Rules Implementing the Labor Code).
While our labor law prescribed the employees’ statutory right to meal breaks and coffee breaks, it was silent, however, as to where and how the said employees should spend the time allotted for the said time breaks.
Nonetheless, the Supreme Court, in Philippine Airlines Inc. vs. NLRC (GR 132805, 02 February 1999), speaking through Chief Justice Reynato Puno, clarified that employees may use their rest periods outside the office premises, provided that they return on time to their work stations. An excerpt of the said ruling reads:
“Nowhere in the law may it be inferred that employees must take their meals within the company premises. Employees are not prohibited from going out of the premises as long as they return to their posts on time. Private respondent’s act, therefore, of going home to take his dinner does not constitute abandonment.”
From the foregoing, it is clear that there are no prohibitions on the part of the employees to use their rest breaks or coffee breaks outside the work premises. It is, therefore, illegal for your employer to deduct from your salaries coffee breaks used outside your work station. Your rest break should remain compensable as long as it does not exceed the 20-minute window period allowed by law, and regardless of where and how it was spent.
We hope that we were able to answer your queries. This advice was 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.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.