Aid-food is only wages when there is no counterpart of the worker

March 20, 2018

Aid-food is only wages when there is no counterpart of the worker The supply supplied to the employee does not include the salary when there is a counterpart to the worker, even if the value is negligible. With this understanding, the first class of the Regional Labor Court of the 23rd region (MT) pushed away the salary nature of lunch and food tickets received by a man who had discounted R $10.25 on the sheet as a counterpart to the benefits. According to the worker, he received during the whole time that he worked in the company a basic basket in the value of R $200, result of a collective work agreement, besides the supply of lunch or dinner in the workplace. As he told the judge, since he was admitted to the company there was only the collection of a negligible amount, which would not be enough to ward off the obligation of the company to enter those benefits in his earnings. For this reason, he sought the integration of R $400 per month in his salaries, referring to "salaries utilities". In the first instance, the salary nature of the food provided to the worker on the basis of the docket of the Superior Court of Labor was recognised. The norm states that the meal voucher, provided by virtue of the contract of employment, has a salary character, integrating the employee's remuneration for all legal effects. The decision, however, was reformed by the first class of TRT-23. According to the process rapporteur, Judge Tarcísio Valente, so that the food provided by the employer set salary, two requirements are required: the habituality and gratuity. Thus, if the benefit is offered eventually or if a counterpart is discounted in the stub, the parcel will not be considered in Natura salary. According to the judge, even if the value of the discount is negligible, the charge is sufficient to demonstrate the participation of the worker in the costing, which takes away the salary nature of the parcel, as understanding of the TST. "The interpretation of the doctrine leads to the conclusion that chance is a discount on the employee's salary the said value has no salary nature," he explained. Finally, the rapporteur points out that although the decision was not given on the basis of this plea, with the entry into force of the labour reform in November 2017, the food received by the worker was no longer considered a salary, i.e. it does not include More the basis of calculation for the perception of other labor monies, in accordance with article 457, paragraph 2 of the CLT. With information from the press office of TRT-23. Process 0000578-69.2017.5.23.0076

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