New regulation from the SSI: Under what conditions will meal cards be used now?

The Social Security Institution (SSI) has published a new circular regarding meal allowances. This circular, which is in line with the Council of State's decision, has settled an important issue that has been long awaited by workplaces.

However, the interpretation of certain technical terms in different ways has created unnecessary anxiety among employers.

According to Cem Kılıç, the most debated topic has been the usability of meal cards in supermarkets. This situation has been described as a debate that does not align with the needs of the modern business world.

"THE USE OF MEAL CARDS IS CLEAR AND CONCISE"

Cem Kılıç stated that the expressions in the circular are actually very clear:

"Amounts loaded onto meal cards will not be included in the earnings subject to premiums, provided they are not used as cash or for other purposes that would serve as a substitute for cash."

The meaning of the phrase “used for other purposes” mentioned in this statement includes the following:

Withdrawing balances from the cards as cash from ATMs,

Purchasing products such as electronic goods, fuel, or telephones.

It is clearly understood that with their current areas of use, meal cards are not a payment instrument that replaces cash.

IS USE IN SUPERMARKETS PROHIBITED?

Cem Kılıç emphasized that using meal cards in supermarkets does not change their nature as in-kind assistance. Procuring food from supermarkets provides convenience to the daily lives of employees. Especially for those working remotely or those who wish to use their meal allowance for different needs, this form of usage is seen as a reality of the modern business world.

HOW ARE EMPLOYERS AND EMPLOYEES AFFECTED?

According to Kılıç, the focus of the discussions should be on limiting the use of meal allowances in unrelated areas such as tobacco products, electronic goods, and fuel. The SSI, which has been uncomfortable with such misuse in the past, aims to prevent these types of usage with the new regulation. However, banning natural and harmless practices, such as employees procuring food from supermarkets, is not a logical solution.

IS THE SSI'S APPROACH MODERN?

Cem Kılıç stated that the SSI does not have a prohibitive attitude; on the contrary, it interprets the legislation in accordance with current needs. However, debates over whether certain technical terms in the legislation should be interpreted in a broad or narrow sense make the issue complicated.

"Meal allowance is a social benefit provided to meet the nutritional needs of employees. An approach that encourages employers to increase these benefits should be adopted."

DOES THE IN-KIND ASSISTANCE NATURE OF MEAL CARDS CHANGE?

As emphasized in Cem Kılıç's article, the usability of meal cards in supermarkets does not change the nature of this benefit as in-kind assistance. However, it is also clearly stated that if employees use these cards for different purposes, they will not be able to benefit from the insurance premium exemption.

"It is quite natural for employees to procure ready-made meals from supermarkets with their meal cards, to cook at home under remote working conditions, or to produce individual solutions. Such debates do not fit the modern business world."

Cem Kılıç states that the misunderstanding of the technical terms in the meal allowance circular has caused unnecessary anxiety for employers and employees. The goal of the SSI is to ensure that meal allowances are used only for their intended purpose. The basis of the discussions should also be handled within this framework.