Bad news for teleworkers, forced to stay at home at the request of the government to deal with the Covid-19 pandemic: their right to meal vouchers has just been called into question. Malakoff Humanis, specializing in mutuals and insurance, won a lawsuit against his employees whom he had deprived of meal vouchers in March 2020.
Meal vouchers: not for teleworkers at Malakoff Humanis
The decision to deprive teleworkers of meal vouchers, which allows economies of scale for the company since it pays part of the sum, was taken at Malakoff Humanis in March 2020. For a year, therefore, this benefit in kind was no longer applied to employees who worked from home.
The latter, judging not to benefit from the same rights as their colleagues on site, therefore took legal action … but Malakoff Humanis won their case. The Nanterre judicial court ruled on March 10, 2021 according to information from FranceInfo, that the group was within its rights. The decision, at first instance, could however be challenged on appeal.
No rule on the allocation of meal vouchers
While the official sites clearly mention the right of teleworkers to meal vouchers, for the Nanterre court, it is easy for employees to telework “ are at their home and therefore cannot claim (…) the allocation of restaurant vouchers », Writes FranceInfo citing the court decision. The meal voucher, which compensates for the additional cost of eating away from home, therefore does not seem to be applicable.
“ The law does not define its conditions of attribution except that the meal of the paid employee must be included in his daily work schedule. “, Specify the judges who stress that the agreement on teleworking of November 2020 does not mention details on meal vouchers and that these are a benefit given by the company without any legal obligation other than that of having to benefit all employees under the same conditions.