Should you obtain a meals subsidy via a meal card, you’ll have already understood the benefits and downsides of this technique. However is that this an obligation of the employee or, quite the opposite, can this refuse to obtain the meals subsidy on a card of meal?
In response to the regulation, and in keeping with the quantities established for civil servants for 2023 (that are reviewed yearly), solely a meal subsidy equal to or lower than €5.20 is exempt from taxes. However this solely occurs if this subsidy is paid in money.
When cost is made utilizing a meal card (or meal vouchers), the exemption restrict is €8.32which is advantageous for individuals who obtain, as a result of they aren’t charged extra IRS, but additionally for individuals who pay, as a result of they save on TSU.
Placing it that manner, it’s simple to grasp the recognition of those playing cards, which have 1000’s of customers in Portugal.
Limitations on using meal playing cards
Nonetheless, not everybody appears to be utterly happy with this technique, both as a result of they like to obtain money or as a result of these playing cards Can solely be used at taking part institutions.
Though the variety of shops and eating places that make up the community of companions is rising, there are instances through which a specific retailer might not renew the business settlement with the corporate that points the playing cards. And, in these instances, the answer is to buy groceries elsewhere.
So, if you happen to obtain the meals subsidy on a meal card, make it possible for the place the place you’ll devour it accepts it and concentrate on the situations and limits of use which will come up.
Should you don’t have it but, however your organization desires to put in this technique, do it’s a must to settle for the change?
Meals subsidy: can I refuse to obtain it on a meal card?
The reply to this query just isn’t a sure or a no, because it will depend on a number of elements.
The primary level to remember is that the meal subsidyopposite to what you would possibly suppose, not required by regulation.
Article 260 of the Labor Code it is rather clear: “The next will not be thought-about remuneration: Quantities acquired as per diem allowances, journey allowances, transport bills, set up allowances and different equivalents”.
In quantity 2 of this identical article, all doubts are dispelled: “The provisions of paragraph a) of the earlier quantity applies, with the required diversifications, to the allowance for failures and the meal subsidy”.
Which means that meals subsidies, like different non-mandatory subsidies, will not be a part of the remuneration class and, subsequently, will not be included within the calculation of vacation remuneration, vacation and Christmas subsidies.
That’s, as it’s not a retribution, and never being obligatory by regulation, in follow, the employer can determine whether or not and the right way to pay this profit.
It is just paid whether it is stipulated within the particular person work contract or within the collective work settlement and it’s this doc that may dictate when and the way it’s paid.
This example is often mentioned when negotiating the contract. Due to this fact, and when you’ve got room to barter, you possibly can attempt to have the meal subsidy be paid in money and never by cardif that’s your choice.
Bear in mind, nonetheless, that this implies paying extra taxes in case your allowance exceeds €5.20 per day.
Can the corporate change the cost technique?
The corporate has legitimacy to take action. Though this isn’t a peaceable situation, it’s often cited a Judgment of the Courtroom of Guimarãeswhat provides purpose to an organization that stopped paying the meals subsidy in money and began to do it on a meal card.
This case, dated from 2016, through which the employer was accused of unilaterally altering the strategy of cost of the meal subsidy, has served for instance to dispel doubts as to the necessity for settlement on the a part of the employee.
It’s equally debatable whether or not the employer has an obligation to advise that the worker might be paid in a meal card and never in money.
Article 106 of the Labor Codewhich issues the responsibility to tell, solely mentions that the employer should inform, amongst different issues, “the worth and periodicity of the remuneration”.
Now, whether or not the meal subsidy just isn’t thought-about as consideration, this obligation doesn’t appear to use. Due to this fact, you will not be notified that you’ll begin receiving the meals subsidy on a meal card.
Apparently, can’t refuse to switch the meals subsidy with meal playing cards and, though corporations often notify, particularly in writing, of this variation, they could not even achieve this. And the choice, even when the employee doesn’t agree, might be unilateral and irreversible.
Anyway, and if you happen to don’t need to obtain the meals subsidy on a meal card, you possibly can attempt to negotiate along with your firm. When you’ve got doubts or determine to proceed with a criticism, the perfect factor to do is to go to ACT – Authority for Working Circumstances.
Meals, however not solely
The designation meal card appears to point that these playing cards can solely be used to pay for meals, however the actuality is sort of totally different.
In follow, the cardboard can be utilized in institutions which are a part of the companion community of the issuing entity and, amongst them, are supermarkets and hypermarkets.
Due to this fact, it finally ends up getting used to purchase garments, home goods or different merchandise which are on the market in giant supermarkets. And the reality is that there isn’t any particular regulation for these playing cards.