Is a 30-Minute Meal Break During Overtime Compensable? (Philippines)

Short answer

Generally, no. A 30-minute “supper” break taken during overtime is not compensable if the employee is completely relieved of all duties during that period. It becomes compensable if any of the following are true:

The worker is not fully relieved (e.g., must stay at the workstation, remain on call, monitor equipment, take calls, or perform any task).
The 30-minute break is being used as the day’s only meal period (the law generally requires a meal period of at least 60 minutes on regular workdays, unless a valid, DOLE-authorized exception applies).
A company policy, CBA, or employment contract expressly makes the OT meal break paid.

Legal framework (plain-English)

Meal period rule. Philippine labor standards require a meal period of not less than 60 minutes during the workday. The default rule is that meal periods are not hours worked and are unpaid because the employee is off-duty.
Hours-worked rule. Any time that an employee is “suffered or permitted to work,” or required to remain on duty or at a prescribed workplace, counts as hours worked and must be paid.
Short rest breaks. Brief pauses typically 5 to 20 minutes are treated as hours worked (paid).
Overtime pay. Overtime premiums apply only to hours actually worked beyond 8 in a day (or the threshold applicable under a valid arrangement). Unpaid meal time is excluded from the overtime tally.

Put together: If the employee is truly off-duty for that 30-minute OT meal break, it doesn’t count as work time and is not paid. If the employee isn’t truly off-duty, it does count and must be paid (and may also push more minutes into overtime).

Typical scenarios

OT with a true off-duty supper break (30 minutes).
- Employee clocks out at 5:00 PM, takes a 30-minute supper break at 7:30–8:00 PM, fully free from duty, then works until 10:00 PM.
- Compensation: Pay regular wages up to 8 hours; pay OT premium only on hours actually worked beyond 8; do not pay the 30-minute break.
OT with a controlled/on-call meal break.
- Employee must stay at the console, keep a radio on, respond to alerts, or can be interrupted at any time.
- Compensation: The 30 minutes count as hours worked and are paid (and may increase overtime minutes).
Only 30 minutes given for the entire day’s meal period.
- Company routinely provides only 30 minutes total for lunch.
- Risk: Unless a valid DOLE-recognized exception applies, this fails the 60-minute rule. The shortened period may be treated as hours worked (paid), and the practice can trigger compliance findings and wage differentials.
CBA or policy makes OT meal break paid.
- Company policy/CBA: “A paid 30-minute meal break will be provided when OT exceeds two hours.”
- Compensation: Follow the more favorable arrangement—pay it even if the employee is off-duty.

Compliance checklist for employers

Give the statutory meal period: Ensure the regular workday includes at least 60 minutes of meal time, unless a valid DOLE-authorized exception applies.
Define off-duty: During the OT meal break, the worker should be free to leave the post, free from tasks, and not on call if you intend it to be unpaid.
Document the rule: Spell out in the handbook/CBA whether OT meal breaks are paid or unpaid, and the conditions (e.g., “must be completely relieved”).
Timekeeping: Capture actual hours worked separately from meal breaks. Don’t include unpaid meal periods in the OT computation.
Edge roles: For roles like security, control room, healthcare, and transport, verify that meal breaks are truly off-duty; otherwise, treat them as paid.
Telework and field work: Apply the same principles—if the worker remains engaged or on call, the break is paid.
Avoid blanket 30-minute-only lunches: Unless you clearly fall under a recognized exception and meet its conditions, keep the 60-minute standard.

Practical policy language (sample)

Overtime Meal Breaks. When an employee works at least two (2) hours beyond the scheduled shift, a 30-minute meal break may be authorized. This period is unpaid and does not count as hours worked provided the employee is completely relieved of duty and may freely use the time for personal purposes. If operational requirements prevent complete relief (e.g., on-call, required to remain at post), the meal period will be treated as hours worked and paid accordingly. Nothing in this policy reduces the employee’s right to a minimum 60-minute meal period during the regular workday, unless a valid DOLE-recognized exception applies or a more favorable CBA/contract term governs.

FAQs

Is a 30-minute OT meal break ever required by law? No. The law mandates a meal period during the workday (generally 60 minutes). An additional OT “supper” break is a management prerogative or a negotiated benefit, subject to general rules on hours worked.

If the worker eats at the desk by choice—paid or unpaid? If the employee is truly free from duty and chooses to stay, the break remains unpaid. If the job setup or supervisor expects responsiveness during the break, it becomes paid.

What if the break is constantly interrupted? Frequent interruptions indicate the worker is not fully relieved; treat the period as hours worked.

Bottom line

A 30-minute meal break during overtime is normally unpaid and not compensable, only if the worker is completely off-duty.
It becomes compensable when the employee is on call/not fully relieved, when the 30 minutes are standing in for the day’s required 60-minute meal period (absent a valid exception), or when a CBA/policy says so.

This is general information on Philippine labor standards and does not substitute for advice on a specific case. For sensitive situations (e.g., shortened meal periods as standard practice, continuous operations, or special risk roles), consider a compliance review and, where needed, DOLE consultation.