Sanchez y Salegna

View Original

Transport and lunch allowance during teleworking

In the Dominican Republic, during the pandemic of Covid-19, all companies had to improvise, as there is no law governing teleworking. On November 12, 2020, the Ministry of Labor issued Resolution 23/2020 on the regulation of teleworking as a particular modality of work.

But many points remained undetermined, mainly when the decision of the teleworking contract is provisional, not permanent and when the teleworking modality was made after there was a work contract between the parties.

One of these points is the transportation and lunch subsidy some companies grant their employees. The transportation allowance is granted so that employees do not spend money commuting to work. The lunch subsidy is given in some companies, especially as a subsidy paid directly to the lunch provider.

We consider it unnecessary to maintain such lunch, car maintenance, and fuel benefits if employees are teleworking. Indeed, such benefits are granted to employees for the performance of the work, and in the company's facilities.

Therefore, while the employees are not transporting to the office, they are not entitled to, nor is it necessary, the payment of fuel allowance, vehicle maintenance, or lunch allowance since these benefits are to compensate them for the fact of traveling to the office.