04.03.2025 13:33
An expert addressed all the confusion regarding the meal allowance for employees fasting during Ramadan. The question, "Can the cost of meals be claimed from the workplace?" which has been taken to the Court of Cassation, has also been clarified. While payments related to meal cards continue in the same manner, if there is no clause in the contract of employees using the workplace cafeteria stating "Meal allowance will be paid to fasting personnel," then no payment will be made.
There are different practices regarding meal allowances at the workplace, especially for employees. While some workplaces provide meal cards, others prepare meals for their employees from their own cafeterias. One of the most curious topics during the month of Ramadan is the cost of the meal that the fasting employee does not consume. Employees are seeking answers to the question, "Can the cost of the meal be requested from the workplace?" The answer to this question, which has been taken to the Supreme Court, is hidden in the employment contract signed by the employee.
THE ISSUE WAS TAKEN TO THE SUPREME COURT
Social Security Expert Musa Çakmakçı, who stated that a similar case was taken to the Supreme Court, reported that the Supreme Court's 22nd Civil Chamber stated in its decision, "In the concrete case, the plaintiff requested the meal fee in the lawsuit petition, indicating that the meal fee was related to the meal that he could not eat during Ramadan due to fasting. The plaintiff's witnesses and the defendant company stated that the workers ate their meals from the institution's cafeteria and that no fee was paid during Ramadan, nor was any meal or food assistance provided. Therefore, since it could not be proven that the meal fee was additionally paid to the workers who fasted during Ramadan, the request should have been rejected, and the court's decision made with insufficient examination in writing necessitated a reversal," he conveyed.
EMPLOYMENT CONTRACT IS CRITICAL
Based on the Supreme Court's decision, Social Security Expert Çakmakçı stated, "Based on this decision, if the employer has decided to provide employees with 'cash meal allowances' or payment tools such as 'tickets, Sodexo meal cards' during normal months and is making payments in this way, the employer is obliged to pay all employees in the same manner during Ramadan, whether they are fasting or not. However, if there is a cafeteria service at the workplace, the employment contract should be examined. For the fasting employee, if there is a provision in the employment contract stating 'Meal allowances will be paid to personnel who are fasting,' then the fasting employee must be paid the cost of the meal. If there is no provision, there is no obligation to pay."