Understand what can change in the food and meal voucher rules

At the beginning of the month, Congress approved an MP (Provisional Measure) that changes important points related to food and meal vouchers. The text still depends on the sanction of President Jair Bolsonaro (PL), who may veto parts of the proposal approved by parliamentarians.

Among the main changes are the possibility for the worker to change the brand of the card and to withdraw in cash the balance that he has not used after 60 days. Understand what was passed in Congress:

Benefit can only be used to buy food

The measure provides that both the VA (Food Voucher) and VR (Meal Voucher) must be used only to pay for meals in restaurants and snack bars or to purchase food. The use of the benefit for the purchase of alcoholic beverages, for example, is prohibited.

According to the Ministry of Labor and Social Security, the benefit was being used for other purposes, such as paying for cable TV and fitness centers.

If this type of fraud persists, companies can be fined (in amounts ranging from R$5,000 to R$50,000) or disqualified from the service.

Balance not used in two months can be withdrawn

If the worker does not spend the benefit within 60 days, he can withdraw the amount, according to the approved proposal.

This is one of the points that generated disagreement, since in this case the worker could use the money to buy anything and not just food, distorting the purpose of the PAT (Worker’s Food Program).

In addition, it could be considered as a “disguised salary”. There is an interpretation that the cash payment of this residual balance may raise doubts about the nature of the benefit, although the CLT (Consolidation of Labor Laws) indicates that it has an indemnity nature — and therefore, no charges are levied on it.

End of business discounts

The approved text puts an end to the possibility of food and meal voucher companies giving discounts to employers who hire the service for their employees.

For example, before, a company could buy R$ 100 thousand in food and meal vouchers, however, it received a discount, and could pay R$ 90 thousand.

The discount was offset, according to the government, by charging higher rates to food establishments, which, in turn, raised the price of the products and the value was passed on to the final consumer, the worker.

Worker can change card flag

The beneficiary may ask the company for free portability between VA and VR service plans. That is, you can change the card brand at no cost, switching, for example, from the Sodexo network to Alelo. This rule will only be valid from May 1, 2023, if this part of the text is sanctioned.

Whoever accepts a flag must accept all

The text also provides for the so-called interoperability between flags. Which means that the worker will be able to use the card in restaurants that are not accredited by his brand – it is enough that the establishment accepts payment in food stamps for him to be able to use his credits. The measure will also only be valid for next year, scheduled for May 1, 2023.