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5 questions and answers you need to know about food stamps

02/03/2017

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5 questions and answers you need to know about food stamps

By law, buying alcoholic beverages and paying with food stamps is a prohibited practice. 

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Published: 01 February 2017 - 17h31m - Author: Editorial Staff

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Do you usually make the purchase of the month and pay with your food stamp? If so, chances are you have already purchased items such as cleaning products or alcoholic beverages. However, by law, this is prohibited. This is explained by the vice president of the Labor Lawyers Association of São Paulo, Sarah Hakim. "The food stamp or food stamp is not a compulsory concession by the employer, unless foreseen in a collective agreement or agreed upon when hiring" , Explains.

We separated 5 questions about the benefit.

Reclaim HERE News: Any company forced to offer food stamps?

Sarah Hakim: The voucher or meal voucher is not a compulsory concession by the employer, unless provided for in a collective agreement or agreed upon at the time of hiring. Once the meal voucher has been granted without a discount, it can not be abolished and becomes salary (Article 458 of the CLT). In case of any percentage reduction of the employee, the title will be indemnifying nature.

RAN: In practice, what is the difference between food stamps and food stamps?

Hakim: The meal voucher pays for meals in the network of the service provider, restaurants, snack bars. The food stamp, in turn, has its intended use for the purchase of foodstuffs in supermarket chains and grocery stores, not being accepted in restaurants and the like.

RAN: What kinds of food, then, can I buy with the so-called VA?

Hakim: Ordinance no. 03, of March 1, 2002 regulates the use of food stamps as a form of payment only for FOOD GENDER products. It observes the origin and the dictates of the Program PAT - Worker's Food Program instituted by Law 6321 of 14.04.76, whose purpose is to promote and protect the health of the worker. Therefore, products such as cigarettes, alcoholic beverages, among others, can not be paid with a food stamp card, due to the necessary interpretation of the health protection standard of the worker. Although alcoholic beverages can be classified as foodstuff, they do not fit the scope of the Law.

RAN: If an establishment sells a "forbidden" product, can it be triggered? In what way?

Hakim: An affront to the legal command by the establishment can lead to punishment.

RAN: In what situation can the food stamp be blocked due to lack of use?

Hakim: The benefit can only be discontinued when contractual termination or suspension of employment contract (sick leave, accident aid, maternity leave, studies, vacation), unless otherwise provided in a collective agreement. The company can provide the benefit by mere liberality in cases of suspension or interruption of the employment contract or even in the period of transition to a new job, limited to six months.

In case of contractual termination, the credits must be observed, when the worker has already been discounted. In the event that the employee is fired shortly after receiving the food aid, the company can deduct from the termination of said anticipation.

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