Electronically managed luncheon vouchers

The Government Decision no. 23/2015 was published in the Official Gazette on January 22nd2015 for the approval of the Regulation for the implementation of the Law 142/1998 regarding the granting of luncheon vouchers, together with the introduction of the of electronically managed luncheon vouchers.

We further remind you important aspects concerning the distribution of luncheon vouchers:

–     Employers distribute to employees monthly luncheon vouchers on paper, in the last decade of each month, for the month to follow.

–     The employer shall distribute for each employee a number of luncheon vouchers that corresponds to the number of working days of the month for which the distribution takes place.

–     Employers cannot grant more than a luncheon voucher for each working day of the month for which the distribution / transfer of the nominal value of luncheon vouchers takes place, as the case may be.

The following types of intervals of time are not considered worked days:

  1. a) When employees are on holiday;
  2. b) When employees receive paid days off, in case of particular events in their family, as well as festive days or public holidays or any other days off that are granted according to collective agreements / internal regulations;
  3. c) When employees are posted or sent on business travel according to legal provisions outside the place where they are permanently employed and receive daily or monthly postage or business travel allowance;
  4. d) When employees are on a leave for temporary incapacity to work, they are absent from work or are under other circumstances that are established by the employer together with trade union organizations or, as the case may be, with the representatives of the employees.

–     Employers are to keep their own books for luncheon vouchers on paper, respectively for electronically managed luncheon vouchers.

–     At the end of each month, upon the date established by the employer or upon the date the individual labor agreement is terminated, the employee is bound to pay back to the employer the luncheon vouchers on paper format that have been granted for the respective current month or, as the case may be, their counter value, respectively the value that corresponds to luncheon vouchers that have beenimproperly granted, in case of electronically managed luncheon vouchers.

–     In case the employer uses in a month a number of luncheon vouchers that exceeds the number of worked days and the employer has not collected from the employee the counter value of vouchers that have been used without having been properly granted, the employer shall grant such employee a number of luncheon vouchers that is equal to the number of working days, diminished by the number of luncheon vouchers granted improperly for the previous month.

–     Management of luncheon vouchers on paper shall be made according to law by persons who are authorized thereto in writing by the management of employer enterprises, respectively issuing enterprises and respectively of issuing enterprises and businesses of public catering that are used by issuing enterprises.

–     In case of cumulated positions or jobs, luncheon vouchers can be granted only by employers where respective employees have their main job according to law.

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