With the rise of teleworking, many questions arise about the advantages linked to this way of working. Among them, the right to restaurant vouchers when teleworking often comes up. So, what are your rights as a teleworking employee?
Can you claim meal vouchers if you work from home? We explain everything.
What does the law say about restaurant vouchers when working from home ?
Are employees working from home entitled to meal vouchers ?
The answer is clear: yes . According to the regulations, an employee working from home benefits from the same rights as his colleagues working in person. This includes meal vouchers, provided that this benefit is already in place in the company.
Article L1222-9 of the Labor Code specifies that the working method (face-to-face or teleworking) cannot justify a difference in treatment between employees.
What are the conditions to benefit from it?
Restaurant vouchers for teleworking are granted under the same conditions as for face-to-face work. This implies:
- A working day organized into two separate periods, interspersed with a meal break.
- The absence of leave, RTT, public holidays or unjustified absences.
Teleworking and restaurant vouchers: a case law that changes the game?
A judgment that validates the removal of restaurant vouchers for certain teleworkers
A recent court decision calls into question the right to meal vouchers when working from home. The Nanterre Judicial Court ruled on March 10, 2021, that a company could eliminate meal vouchers for its employees working from home, provided that the initial allocation was based on a specific criterion: the additional cost associated with eating outside the home.
In this case, the judges considered that:
- Meal vouchers are only justified for employees on site if they do not have access to a company restaurant.
- Teleworkers, working from home, do not bear this additional cost and are therefore not in a situation comparable to employees working on site without a canteen.
💡 What this means for you:
- If your company awards meal vouchers to compensate for a lack of collective catering, it can theoretically no longer award them to teleworkers.
- On the other hand, if the tickets are granted without any additional cost criteria and all employees benefit from them, then teleworkers must also be entitled to them (principle of equal treatment).
Non-uniform case law : caution before drawing conclusions
This decision by the Nanterre Court does not mean that all companies can systematically eliminate meal vouchers for teleworking . Other jurisdictions, such as the Paris Judicial Court, have ruled in favor of teleworkers by confirming their right to meal vouchers when they are granted to on-site employees.
👉 The question is therefore not definitively settled. While waiting for a decision from the Court of Cassation, companies must be vigilant before changing their restaurant voucher policy.
Depending on the teleworking methods adopted by the company (regular, occasional, full remote), the conditions for allocating meal vouchers may vary.
Restaurant vouchers when teleworking: prohibited practices
Can we refuse restaurant vouchers to teleworkers ?
No, an employer cannot refuse to provide meal vouchers on the pretext that the employee is teleworking. The National Commission for Meal Vouchers (CNTR) reminds us that the allocation must respect equal treatment .
Examples of prohibited discrimination
- Differentiation on amounts or number: You cannot receive a ticket for €6 when teleworking and €9 when in person.
- Stricter allocation conditions: Imposing a minimum presence at the office to benefit from tickets is illegal.
💡 Good to know: If you notice an inequality, you can alert your staff representatives or contact the labor inspectorate.
How to check your rights to restaurant vouchers when teleworking?
What documents should I consult?
To find out if you are entitled to restaurant vouchers while teleworking, you can:
- Consult your employment contract or the applicable collective agreement.
- Ask your employer or HR department for the conditions for allocating tickets.
Tip for negotiating your rights well
Emphasize that the law requires equal treatment between employees. If tickets are provided to employees in the workplace, they must also be provided to teleworkers.
The case law on restaurant vouchers in teleworking is evolving and is not yet completely established. If you are concerned by the cancellation of your restaurant vouchers, it is essential to check the justification given by your employer. In all cases, the principle of equal treatment remains a key argument for defending your rights.
Your questions about restaurant vouchers when teleworking
Can the employer withdraw restaurant vouchers?
Can the employer remove restaurant vouchers?
Yes, in some cases. A decision by the Nanterre Court validated the removal of meal vouchers for teleworkers if the allocation of this benefit is based on the additional cost of a meal taken outside . However, other court decisions, such as that of the Paris Court , confirm that teleworkers must have the same rights as on-site employees .
Are employees working from home entitled to meal vouchers?
Are we entitled to restaurant vouchers when teleworking?
It depends on your company's policy. If meal vouchers are granted without specific criteria , all employees must benefit from them, including teleworkers. But if the company only grants them to compensate for an additional cost related to eating out, it can remove them for teleworking .
How to check your eligibility for restaurant vouchers?
How do you know if you are entitled to restaurant vouchers?
- Check your employment contract and company agreements.
- Check the criteria for awarding meal vouchers in your company.
- If in doubt, seek advice from staff representatives or consult a specialist lawyer .
