10 Mar 2021

Substitute meal voucher for shift employees (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 10 March 2021 – Enrico De Luca, Claudia Cerbone)

Employees who work a daily shift exceeding 6 hours, must be granted a substitute meal voucher if they are unable to use the canteen service or if, due to their job, they are not able to take a break.

This principle expressed by the Court of Cassation, which, with ruling no. 5547 of 1 March 2021, returned to review the meal voucher issue, clarified an unclear aspect of collective bargaining of the Healthcare segment, forming an important precedent for healthcare companies that do not grant shift workers a break, to ensure no interruption of service.

The case the Court was asked to rule on is related to a hospital employee who worked a 7 hour afternoon shift (from 1:00 pm to 8:00 pm) and an 11 hour night shift (from 8:00 pm to 7:00 am). The employee could not use the canteen service offered by the hospital since the job he performed could not be suspended and there was no evening canteen service offered.

The Court and Appeals Court of Messina granted the employee’s appeal acknowledging his right to be granted meal vouchers for each shift exceeding 6 hours, as well as compensation for damages for having paid for the daily meal at his own expense.

Specifically, according to the regional Court the right to a meal voucher is based on the provisions of art. 29, paragraph 2, supplementary collective contract of the Healthcare segment and art. 8 of Legislative Decree 66/2003 which states that the right to canteen service must be identified with the right to a break and that, therefore, must be granted to all employees who work daily hours exceeding 6 hours.

The hospital appealed to Cassation based on a single point of law, that the Court of Appeals, with the challenged ruling, had erroneously represented the right to a break with the right to canteen service. The hospital, in particular, argues, on one hand, that the criterion for granting the right to canteen service is the impossibility to eat outside the workplace in relation to the organisation of the working hours and, on the other that art. 8 of Legislative Decree no. 66/2003 only governs the right to a break and not also the right to canteen service, since de facto it is only possible to eat a meal during the break.

Continue reading the full version published in Norme & Tributi Plus Diritto of Il Sole 24 Ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…