Our answers cover aspects regarding: the Romanian legal framework regulating such vouchers, the conditions under which meal vouchers can be granted by employers, the value of meal vouchers established as per current Romanian legal provisions, criteria for granting them to employees, and much more.
Granting of meal vouchers to employees – practical issues clarified
The procedure and conditions that Romanian companies must observe for granting meal vouchers to their employees are regulated in the Romanian legislation by Law no. 165/2018 (on the granting of vouchers) and the methodological norms for its application. In accordance with Law no. 165/2018, meal vouchers are value tickets that can be granted to employees on a monthly basis, similar to a meal allowance. Thus, the vouchers can only be used to pay for meals or to shop for food.
Meal vouchers can be issued on paper support (in the form of paper tickets), or on electronic format (in the form of a shopping card).
No matter the form (paper or electronic), meal vouchers may be used in any Romanian public catering units, grocery stores, canteens or restaurants, buffets or any other type of establishments selling food, with which the agencies issuing the vouchers have a contract for the provision of those services.
The law doesn’t provide for an obligation/enforcement on the Romanian companies to grant meal vouchers to their employees. Employers are free to decide whether to grant meal vouchers and in what form, possibly after consultations with the employees. The consultation with the employees can be done through legally constituted trade union organizations or through the employees’ representatives, in case there is no trade union organization established in the company.
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According to the Romanian legislation in force, employees who are delegated or seconded outside the locality where they have their regular place of work and who receive a delegation or secondment allowance, are not entitled to receive meal vouchers.
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As per the labor legislation in force, the employers, together with the legally constituted trade union organizations or, where a trade union doesn’t exist, with the employees’ representatives, can decide the granting of meal vouchers to employees through:
- applicable collective bargaining agreements signed with the trade union, or
- through the company’s internal policies/regulations.
Thus, objective criteria for the granting of meal vouchers should be established, providing for at least the following:
- the number of employees in the unit who can receive meal vouchers and the nominal value for each voucher, taking into account the employers’ own financial possibilities;
- the categories of employees who are entitled to receive meal vouchers;
- selection criteria for determining the employees entitled to meal vouchers, taking into account objective and non-discriminatory reasons, such as: socio-professional priorities and other objective elements specific to the professional activity.