Decree Modernizes Meal and Food Vouchers in Brazil: Understand the New Rules and Benefits
Decree Modernizes Meal and Food Vouchers in Brazil: Understand the New Rules and Benefits
The landscape of benefits granted to Brazilian workers, such as meal vouchers (VA) and food vouchers (VR), is undergoing a significant update with the publication of a new decree in the Official Gazette of the Union (DOU). This regulation, which will come into effect on May 1, 2025, aims to modernize and improve the Worker’s Food Program (PAT), with clear focuses on increasing competition in the sector, ensuring greater freedom of choice for beneficiaries, supporting small businesses, and promoting greater transparency and legal certainty for all parties involved.
The changes are the result of a government effort to correct historical distortions in the benefits market, which often concentrated power in the hands of a few operators. With the new rules, a more dynamic and beneficial environment is expected for workers, commercial establishments, and companies alike.
Main Changes Introduced by the Decree
The changes promoted by the decree are multifaceted and cover various aspects of the operation of meal and food vouchers. Below, we detail the crucial points:
1. Interoperability and Free Choice of Flag
One of the most significant innovations is the requirement of interoperability between the different benefit flags. This means that, from the effective date of the decree, workers will be able to use the balance of their meal or food voucher in any establishment (such as supermarkets, restaurants, bakeries, etc.) that accepts payments through open payment arrangements, regardless of the card’s or benefit application’s flag. This measure aims to:
- Expand the accredited network: The beneficiary will no longer be limited to establishments that have agreements with their card’s operator.
- Increase competition: With the opening of the system, more benefit companies can enter the market and compete for better conditions.
- Improve the user experience: Simplifies the use of the benefit, eliminating the frustration of having a balance on a card that is not accepted at a given location.
For companies that operate these benefits, there will be a period of 18 months, from the publication of the decree, to adapt to the new interoperability requirements.
2. Free Balance Portability
Another fundamental change is the introduction of free portability of VA and VR balances. Just as it already happens with bank accounts or telephone plans, the worker will have the right to transfer the balance of their meal or food voucher to another benefit operator, without any cost. This strengthens consumer choice and stimulates competition among companies that offer these services, as they will need to be more competitive to retain or attract customers.
3. End of “Discounts” or “Negative Fees” for Merchants
The decree expressly prohibits the practice of “discounts” or “negative fees” charged by the operators of meal and food vouchers to commercial establishments. Historically, some operators offered discounts to companies contracting the benefit, which were offset by higher fees charged to restaurants and supermarkets. This practice distorted the market and harmed merchants, especially smaller ones. With the prohibition, a fairer business environment is sought, where the fees charged to establishments are transparent and fair, without improper pass-throughs.
4. Prohibition of Requiring Minimum Guarantees or Limiting Accreditation
Benefit operators are prohibited from requiring companies that contract the service to provide minimum guarantees that make it difficult for new players to enter the market. In addition, they will not be able to limit the accreditation of commercial establishments, provided that they accept open payment arrangements. This measure aims to decentralize the market and allow more establishments, including small and medium-sized ones, to accept the benefits, expanding the options for workers.
5. Reinforcement of the Social Objective of PAT
The decree reaffirms the primary objective of the Worker’s Food Program (PAT): to ensure the improvement of workers’ nutrition, boosting their health and productive capacity. This means that the resources from meal and food vouchers must be used exclusively for the purchase of food and meals, combating misuse. Operators and contracting companies must ensure that the benefit is used correctly, in accordance with its food-related nature.
To ensure this point, the decree prohibits the implementation of reward or cashback programs that allow the worker to use the benefit value for purposes other than food. This was a practice that distorted the purpose of PAT and is now explicitly vetoed.
6. Incentive for Conscious Capitalism
The text of the decree encourages the practice of conscious capitalism in the sector. This implies that benefit and contracting companies must adopt more transparent, ethical, and socially responsible practices, seeking a balance between profit and the social and environmental impact of their activities. The idea is to create a fairer and more sustainable ecosystem for all involved.
Benefits of the New Rules
The changes in PAT bring a series of expected benefits to the ecosystem:
- For Workers (Beneficiaries):
- More Freedom of Choice: They will be able to use the card in a much wider range of establishments.
- Better Food Options: Greater competition can lead to an improvement in the quality and variety of services offered by merchants.
- Balance Portability: Ensures that the value of the benefit is not “stuck” to a single operator.
- For Commercial Establishments (Restaurants, Supermarkets):
- Increased Sales: Greater number of customers able to use the benefits in their establishments.
- Cost Reduction: End of negative fees and search for fairer accreditation fees.
- Greater Competition between Operators: Allows them to choose the operators that offer the best conditions.
- For Companies (Contractors):
- More Operator Options: Facilitates negotiation with benefit companies, seeking better services and conditions.
- Legal Certainty: Clearer rules for contracting and using the benefits.
- Strengthening of PAT: Aligns the program with its social and worker health objectives.
Implementation and Adaptation Schedule
It is essential that benefit companies, contractors (employers), and commercial establishments are aware of the adaptation schedule. The decree establishes:
- General Validity: From May 1, 2025, the new rules will come into full force.
- Deadline for Interoperability: Benefit companies have 18 months from the publication of the decree to ensure the interoperability of their systems.
This transition period is crucial so that everyone involved can adjust their systems and processes to the new legal requirements, ensuring a smooth and effective implementation of the measures.
Conclusion
The decree modernizing meal and food vouchers represents an important milestone in the regulation of the Worker’s Food Program. By promoting competition, freedom of choice, and transparency, the government seeks not only to directly benefit workers with better use of their rights, but also to boost the food sector as a whole. Companies of all sizes must be aware of the new provisions to ensure compliance and take advantage of the opportunities that a fairer and more open market can offer.
This law firm is available to assist companies in understanding and adapting to the new rules, offering specialized legal advice to ensure that the transition occurs smoothly and in compliance with current legislation.