Lunch allowance is one of the benefits commonly seen in many businesses to support employees to restore their labor during the working day.
However, whether paying this allowance is a mandatory obligation of employers or not is still a concern of many employees.
According to Article 103 of the 2019 Labor Code, regimes such as salary increase, promotion, allowances, subsidies, etc. are the contents that can be agreed upon between employees and employers.
This means that lunch allowances are not mandatory, unless they are clearly stated in labor contracts, collective labor agreements or internal regulations of enterprises.
Specifically, in Circular 10/2020/TT-BLDTBXH, Point c, Clause 5, Article 3 clearly stipulates: Salary allowances and other supplements such as mid-shift meals, fuel support, phone, housing, etc. are the contents that can be agreed upon in the contract.
These fees are divided into two types: one is an amount with a specific amount, paid regularly; the other is an unknown amount, which can be paid periodically or according to work results.
In particular, mid-shift meals are often understood as lunch allowances, considered an un compulsory benefit, but can become an obligation if the enterprise has committed in the contract or internal documents.
If there is a commitment, the enterprise must comply with it; on the contrary, if there is no commitment or agreement, whether or not to pay depends entirely on the company's policy.
Thus, current law does not require businesses to pay lunch allowances to employees. This is an issue that needs transparency and clarity right from the stage of signing labor contracts.
Workers need to pay close attention to the provisions related to the welfare regime, avoid misunderstandings or unfounded expectations during the work process.
In the context of labor competition and the need to retain employees, many businesses still maintain lunch allowances as a treatment policy, showing concern for employees.
However, to protect their rights, employees should proactively request clarification of this allowance in the contract agreement.
