Council of State annuls decision affecting millions of employees: New ruling on meal cards...
The Council of State has annulled the regulation introduced by the Social Security Institution (SGK) in 2022, which subjected meal card benefits to insurance premiums. This decision allows employers to provide more support to their employees for meal allowances without incurring additional premium costs.
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In the past, benefits provided via meal cards were considered in-kind assistance and were not included in the earnings subject to premiums. However, the Social Security Institution (SGK) changed this practice with circular no. 2022/22, published at the end of 2022, and decided that insurance premiums would be collected on benefits exceeding a daily set limit. This change caused a backlash among employers and limited the amount of meal assistance provided to employees.
According to a report by Cem Kılıç from Milliyet Newspaper, the Council of State ruled that the articles of the circular in question regarding meal cards were contrary to the Social Insurance and General Health Insurance Law No. 5510 and decided to annul them. Thus, the previous regulation, which stated that meal benefits should not be subject to insurance premiums, has come back into effect.
MORE SUPPORT CAN BE PROVIDED TO EMPLOYEES
This decision has paved the way for employers to offer more support to their employees for meal allowances without facing additional premium costs.
It is stated that the SGK is also preparing a new circular in compliance with the Council of State's annulment decision. The annulment decision has eliminated all actions taken against the circular, ensuring a return to the previous legal status.