This company I'm thinking of going with the Per Diem is mandtory and I dont want to take it, shouldnt it be a right to take or not? The company is in Texas if that matters.
Anytime something is mandatory you can bet it benefits the company and not you. Per Diem is latin for 'per day'. It refers to a tax deduction allowed if you itemized your deductions (long form, not short form) for those away from home 'per day'. Presently the deduction is 75% of $52 for each day you are away from home.
Talk to your tax professional and give them the info this company is trying to push on you, and get their opinion. Then you can use this info to make your decisions concerning this company, or any others.
The per diem the company is trying to put on you is the way they take the daily rate off of your income before calculating your social security and withholding taxes. Essentially it reduces your gross income.
In the event you are hurt, your workmen's compensation would also be reduced.
There have been many threads concerning per diem.
I would suggest doing a search and looking into the practice by some companies.