Travel expenses reimbursement: What are your rights?

Questioner

I have a question about my travel expenses. My employer calculated via anwb route planner how many kilometers I drive for commuting. That is 33.2km. But this route is planned after 9 o'clock in the morning. There is a driving ban for rush hours in this area. If this same route is made on anwb planner but then at the time that I travel. The route comes out to exactly 36 km. https://dloket.landsmeer.nl/loket/producten-en-diensten/inrijverbod-purmerlandden-ilp-ontspraak I am not allowed to drive on that stretch during the morning rush hour and the evening rush hour. And I always drive the 18 km stretch. My employer says 'Since the commuting allowance is a contribution to travel expenses, we will not make an exception here. Your commuting allowance remains set at a single travel distance of 33.2 km' Since my appointment 07-2014 this 33.2 km has been in effect. The question is, should my employer pay the 36 km travel allowance? Or can my employer charge the 33.2 km because it is the shortest route even though it is a driving ban? And if my employer has to reimburse the 36 km, can I still get the difference from the past 2.5 years?

Lawyer

In principle, you claim compensation for the actual distance. Unfortunately, it is true that travel expenses reimbursement is a favor from the employer if it is not included in the employment contract or collective labor agreement. If you still want to do this, I advise you to do so carefully, so as not to turn your employer against you.