Supreme Court allows travel allowance claim against employer, ruling it is not wages and permitting deduction of specific reimbursements.
Legislator summary
AI generatedThe Supreme Court partially overturned the lower court's dismissal of the employee's claim for travel allowances, ruling that such payments are reimbursements for expenses rather than wages. The court found that while the employer could deduct specific reimbursements from the claimed allowance, the lower court failed to properly analyze the nature of the advance payments made to the driver. Consequently, the case was remanded to the District Court for a final decision on the costs and the specific deduction amounts.
Legislator headnote
AI generatedart. 295 § 1 k.p.; art. 87 § 1 k.p.; art. 6 k.c.: Travel allowances are reimbursements for expenses incurred outside the workplace and do not constitute wages, but specific reimbursements may be deducted from them if the employer can prove they were paid for other purposes.