Estimated reading time (in minutes)
Obligation of the employer to reimburse the employee’s public transport costs
An employer cannot refuse to partially reimburse an employee, on the grounds that he lives too far away, his public transport costs between his usual place of residence and his place of work. This is what the Court of Cassation has just clarified in a judgment of December 12, 2012.
An employee had requested partial reimbursement of his train season ticket covering the journey from a provincial town to Paris. His employer had refused on the grounds that the journeys exceeded the limits of the geographical area of his place of work, in this case the Île-de-France region.
According to the Court of Cassation, labor legislation currently requires employers to partially cover the cost of subscriptions taken out by their employees for their journeys by public transport between their usual place of residence and their place of work, without distinction according to the geographical location of this residence. Indeed, no provision limits this coverage to employees working in Île-de-France for travel exclusively in the Île-de-France region.
Decision of the Court of Cassation concerning geographical limitations for reimbursement
The Court of Cassation, in an important decision of December 12, 2012, specified that employers cannot refuse to partially reimburse an employee’s public transport costs on the grounds that the latter lives too far from his place of work. The case concerned an employee who had requested a partial refund of his train subscription covering the journey between a provincial town and Paris. The employer had rejected the request, arguing that the journeys exceeded the geographical limits of the place of work, in particular the Île-de-France region.
According to the Court of Cassation, current labor legislation obliges employers to partially cover employees’ subscription costs for their journeys by public transport between their usual place of residence and their place of work, without taking into account the geographical location of the residence. The decision points out that there is no provision restricting this reimbursement to employees working in the Île-de-France region, thus invalidating the employer’s argument.
It should be noted, however, that this decision only applies to employees in the private sector and does not concern civil servants working in Île-de-France, as specific regulations limit reimbursement to the public transport zone of the Ile-de-France. This decision sets an important precedent, ensuring fair treatment and reimbursement of travel expenses for employees, regardless of where they live.
It should be noted that this decision does not concern civil servants working in Île-de-France, the texts explicitly limiting reimbursement to the transport zone of Île-de-France.
Law Firm DAMY 2022