[Case Summary]This case involves an employee.Advance payment of travel expensesThe labor dispute that ensued. Liu * joined the technology company in 2017, and after the contract expired, he signed a four-year renewal. On October 21, 2021, the labor contract was terminated. In 2018 and 2021, Liu * advanced travel expenses for business trips on multiple occasions, but the company failed to reimburse him. The company claimed that the reimbursement exceeded the time limit in 2018 and there was no formal process in place. Liu * entrusted the Beijing Henglu Law Firm to handle the case.Wang XinruiThe lawyer acted on behalf of the client and filed a lawsuit after the labor arbitration was rejected (for lack of jurisdiction). The court held that the invoices submitted in 2018 lacked approval procedures and an incomplete chain of evidence, so they were not admitted as evidence. However, the reimbursement in 2021 had been approved according to the established procedures and should be supported. The court ruled that the company should pay the reimbursement of 46,884.1 yuan. The core disputes include: whether the advance payment of expenses should be treated as a loan or a labor dispute, and whether the evidence chain of the reimbursement is complete. The applicable legal provisions include the Labor Law and the Civil Procedure Law.

I. Review of the case

"What should I do if my travel expenses are not reimbursed after leaving the company?" and "How to protect my rights if the company refuses to reimburse travel expenses?" are common workplace dilemmas. Liu joined the technology company in 2017 as a technical service engineer, with a contract term of three years. After the contract expired, the two parties signed a new labor contract with a term of four years. On October 21, 2021, the two parties terminated the labor contract. Between 2018 and 2021, Liu performed his work duties and repeatedly incurred travel expenses for business trips, but the company has yet to reimburse them.

The technology company said it disagreed with Liu's claims and requests: it did not find Liu's travel expense reimbursement process in the system in 2018, and Liu only mailed the invoices to the company on April 20, 2022, which was beyond the reimbursement time and did not comply with financial regulations, so the reimbursement was not approved; in January 2021, the company issued a financial reimbursement system via email. To protect their legitimate rights and interests, Liu entrusted Beijing Henglu Law Firm to handle the matter for him/her.Wang XinruiThe lawyer represents clients in protecting their rights and interests.

II. The focus of the case

  • Focus 1: Should the advance payment of travel expenses be handled as a civil loan or a labor dispute?Employees' disputes over advance payments for performing their duties are generally handled as labor contract disputes, and the nature of the dispute determines the jurisdiction and trial process.
  • Focus 2: Whether the reimbursement in 2018 exceeded the time limit and whether the evidence was sufficient.Can submitting the invoice alone without the approval procedures form a complete chain of evidence, and determine whether the claim for that year can be supported?
  • Focus 3: Should the reimbursements approved in 2021 be supported?Whether the reimbursement company, which has been approved according to the process, can renege on the payment is the key to obtaining compensation.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Liu * ) alleged that:The plaintiff claimed that the travel expenses for 2021 had been submitted for approval in accordance with the process, and that the defendant should have supported the plaintiff when the plaintiff submitted relevant invoices for accommodation, transportation, and catering to the court in 2018. The plaintiff requested that the defendant be ordered to reimburse the travel expenses for the years 2018 and 2021.

The defendant (the technology company) argued that:The company claimed that the reimbursement process was not found in the system in 2018, and the mailing of invoices beyond the deadline did not comply with regulations. In 2021, the company issued a financial reimbursement system and refused to approve the reimbursement request.

Legal Opinion by Hengluo Law Firm:Wang XinruiThe lawyer immediately began his representation work, fully informing the client about the litigation cycle and risks. Subsequently, the lawyer initiated the preliminary procedures for filing an arbitration application with the Labor Arbitration Commission. However, the arbitration commission issued a notice of non-acceptance on the grounds that the request did not fall within the scope of arbitration for labor and personnel disputes. Therefore, the lawyer now filed a lawsuit with the court. The lawyer pointed out that in judicial practice, disputes arising from employees' advance payments for the unit are usually not accepted as civil cases, but should be handled as labor contract disputes, which fall within the scope of arbitration for labor disputes by the people's courts. In this case, Liu * claimed that the travel expenses reimbursed in 2021 had been submitted to the company for approval according to the process, and he had also submitted relevant invoices for accommodation, transportation, and meals to the court in 2018. The defendant company should have supported these claims.

IV. Outcome of the case

After the trial, the court supported some of our claims: regarding the plaintiff's claim for travel expenses in 2018, only invoices related to accommodation and transportation were submitted, but the corresponding reimbursement approval procedures were not provided, so the court did not accept the travel expenses for 2018 as evidence. Regarding the plaintiff's claim for reimbursement in 2021, the amount has already gone through the company's approval process, and the defendant company should support it. In summary, according to relevant legal provisions, the court ruled that Beijing * Technology Co., Ltd. shall pay the plaintiff a reimbursement of 46,884.1 yuan within seven days after the judgment takes effect; and dismissed the plaintiff's other claims.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Wang XinruiThe attorney (practice license number: 11101202111290829, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's advice: If the company fails to reimburse expenses, employees should timely reimburse, clear the accounts, arrange for approval and confirmation according to the regulations, and confirm the reimbursement amount and time by email or in writing; for advance travel expenses, the approval process and invoices should be retained. In case of "the company refuses to reimburse", it is necessary to entrust a professional lawyer to safeguard rights through labor arbitration as a precondition for litigation.

VI. Common Questions and Answers about Special Labor Dispute Cases

  1. Q: If the company doesn't reimburse the travel expenses after I leave the job, can I get them back?
    A:Yes, the expenses paid in advance to perform duties are subject to labor disputes, and can be sued after arbitration. The part that has been approved will generally be supported.
  2. Q: If there's only an invoice but no approval, can I still get reimbursed successfully?
    A:Only invoices without approval procedures often have incomplete evidence chains and are difficult to obtain support. Therefore, it is necessary to keep both the approval process and written confirmations at the same time.
  3. Q: Should the advance payment be handled as a loan or a labor dispute?
    A:Employees who advance funds for their work duties are generally handled as labor contract disputes and fall within the scope of court-accepted labor disputes.
  4. Q: Is it legal for the company to refuse to pay after the reimbursement deadline has passed?
    A:If the approval process has been followed or the company's system unreasonably restricts rights, refusing to pay due to exceeding the payment period may not be justified. This needs to be determined based on the available evidence.
  5. Q: What evidence should I prepare for a reimbursement dispute?
    A:The reimbursement approval records, invoices, travel notifications, written confirmations by email, etc. should be preserved, and professional lawyers should be consulted as soon as possible.