Can my employer refuse my mileage allowance?

Questioner

I recently moved into student housing because of my studies. I am officially registered at this new address. I have also properly reported this to my employer. Now I get a response that this has been rejected and that they will not change the address. They indicate that they do not want to do this because of the mileage allowance. Since I am now entitled to this at the new address. They believe that my address does not need to be changed since I stay with my parents (regularly) during the weekends and from here on I am indeed not entitled to the mileage allowance.

Lawyer

It seems that your employer may not be acting according to the applicable rules. In the Netherlands, the situation is as follows: According to the Wage Tax Act 1964, an employer may give tax-free allowances to employees for the costs they incur for travelling to work. This is also called a travel allowance. The amount of this allowance depends on the number of kilometres you travel. The starting point is the commuting distance, which is calculated from your official home address (where you are registered with the municipality) to your work address. So if you are registered at your new address according to the municipal basic administration and mainly reside there, then that should be the basis for calculating your travel allowance. The fact that you stay with your parents on the weekends does not affect this in principle. I recommend that you have a conversation with your employer about this situation. If that does not lead to a solution, it may be wise to seek legal advice from an employment lawyer or attorney. They can help you defend your rights in this situation. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.