Travel Expenses in Legal Clerkship: Legal Basis and Special Aspects
Definition and Scope of Application
The term Travel expenses in legal clerkship refers to all expenses incurred by legal clerks in the context of their mandatory training placements and official duties outside their home post. The legal clerkship, for example in legal, educational, or other public-law structured preparatory services, regularly requires activities at various training locations. Therefore, the regulation and reimbursement of travel expenses is of considerable practical importance.
Legal Basis of Travel Expense Reimbursement in Legal Clerkship
Statutory Provisions
The legal basis for the reimbursement of travel expenses in the legal clerkship in Germany is generally set out in the Federal Travel Expenses Act (BRKG) for the federal government and the respective State Travel Expenses Laws (LRKG) for the federal states. The regulations determine under which conditions and to what extent travel expenses arise and are reimbursed.
- Federal Travel Expenses Act (BRKG): The BRKG applies to clerkships in federal service, for example in the higher foreign service. It regulates the reimbursement of travel expenses, mileage allowances, daily allowances, accommodation costs, and incidental expenses.
- State Travel Expenses Laws (LRKG): For the majority of clerkships (e.g., teacher, administrative, and legal clerkships), the respective state laws apply, whose content is usually closely aligned with the BRKG.
In addition to the statutory provisions, there are training and examination regulations, which may contain specific provisions for the legal clerkship.
Principle of Duty of Care
The reimbursement of travel expenses is a manifestation of the state’s duty of care towards legal clerks, as they are required to attend training locations on the instructions of their employer.
Entitled Persons and Requirements
Legal Status Framework
As a rule, legal clerks are civil servants on revocation or persons in a public-law training relationship. The claim for reimbursement of travel expenses requires that the trip constitutes an official measure ordered or approved by the employer.
Official Duties and Training Placements
The following trips are particularly eligible for reimbursement:
- Trips to training placements (e.g., courts, administrative authorities, schools)
- Official trips to external training supervisors or law firms (especially in legal clerkships)
- Officially mandated further training or examinations
As a rule, journeys from home to the home post (‘main workplace’) as part of daily commuting are not eligible for reimbursement. This constitutes a significant difference from the treatment of official travel and regular commutes to the workplace.
Types of Travel Expenses and Their Reimbursement
Travel Costs
In principle, the necessary and actual travel expenses are reimbursed. This may include the use of public transport (2nd class) or, if approval has been granted, a mileage allowance for the use of a private vehicle.
Mileage Allowance
If travel is undertaken by private car, compensation is paid according to statutory mileage rates, which may vary depending on the federal state and usage (alone or accompanied by colleagues).
Daily and Overnight Allowances
For multi-day external stays, there may be a claim for daily allowance and accommodation costs. The amount and eligibility are legally restricted; self-catering or free accommodation regularly leads to a reduction of the corresponding amounts.
Incidental Expenses
Incidental expenses include, for example, parking fees, luggage transport, or necessary purchases in connection with the official trip.
Procedure for Claiming Travel Expenses
Application and Deadlines
As a general rule, legal clerks must promptly assert their travel expenses after completing the trip. Many states have a cut-off period of six months. The application must be submitted to the competent training or official authority together with the required supporting documents (tickets, receipts, proof of official travel).
Approval and Payment
After reviewing the prerequisites, approval and reimbursement are made by the department. Unclear issues may result in follow-up inquiries or requirements for proof.
Special Aspects and Disputed Issues
Commuter Allowance and Tax Treatment
While regular journeys between home and the first workplace can only be claimed for tax purposes within the scope of the distance allowance, travel expenses reimbursed as part of official trips are generally tax-free.
Change of Training Placement
If training placements are changed (e.g., relocation to a training site outside the place of residence), a relocation allowance may also be considered, provided it has been officially ordered.
Common Points of Dispute
- Recognition of a specific place as an official travel location
- Approval for the use of a private car
- Amount and appropriateness of costs/evidence
In the event of a dispute, there is the possibility of review through administrative objection proceedings.
Conclusion
Travel expenses in legal clerkship constitute a complex area of law, the precise configuration of which depends both on federal or state law and the respective training regulations. The scope and requirements for reimbursement are clearly stipulated by the regulations, but due to the variety of possible training placements and factual scenarios, a careful assessment in each individual case is necessary. Timely submission of claims by the legal clerk is just as essential as compliance with the requirements for evidence and deadlines.
Frequently Asked Questions
Who is entitled to reimbursement of travel expenses during the legal clerkship?
In the legal clerkship, legal clerks are generally entitled to reimbursement if they are required to undertake official trips as part of their training. Official trips are, in particular, those journeys to training locations, meetings, or external placements required by the training regulations and located outside the regular home post. The claim primarily relates to journeys that are officially ordered or approved. Privately initiated journeys—such as between home and the training place in everyday life—as well as voluntary exchanges without official obligation, are not eligible for reimbursement. It should be noted that the claim is usually directly linked to the order from the authority or court responsible for the training; unauthorized trips are therefore excluded from reimbursement unless previously approved. Application in accordance with the requirements of the respective State Travel Expenses Law is mandatory.
Which types of costs are eligible for reimbursement, and what documentary evidence is required?
Eligible travel expenses regularly include travel costs, necessary accommodation costs, daily or meal allowances, and, where applicable, necessary incidental costs such as parking fees or work-related baggage fees. Travel costs are generally reimbursed up to the amount of public transport (e.g., train, bus, possibly second class of Deutsche Bahn). The use of private cars is only eligible if expressly approved in advance and subject to the submission of mileage records, fuel receipts, and the approval itself. In the case of overnight stays, actual costs must be substantiated by receipts (e.g., hotel invoice) for reimbursement, with hospitality or other private expenses excluded. The assertion of travel expenses always requires the submission of all receipts and a timely application. Missing evidence or missed deadlines generally results in exclusion from reimbursement.
To what extent is there a claim for mileage allowance when using private means of transport?
The mileage allowance is a flat-rate reimbursement granted on application for the use of private means of transport, especially one’s own car or bicycle, provided their use has been officially approved and was necessary for official purposes. The amount is defined by the respective State Travel Expenses Law and is usually based on a fixed rate per kilometer traveled (e.g., €0.30 per kilometer for car use). Reimbursement of, for example, petrol or maintenance costs is not provided separately. The requirement is that, at the time of travel, no official vehicles or public transport were available or could not be used within a reasonable timeframe or cost. Proof of the route traveled and the kilometers covered must be attached to the application, usually together with the approval from the official authority.
What deadlines must be observed when claiming travel expenses in the legal clerkship?
In all federal states, statutory exclusion deadlines apply for travel expense reimbursement, which regularly range between 3 and 6 months after completion of the official trip, unless shorter periods are specified in individual cases by state law or administrative regulations. After this deadline, travel expense claims can generally no longer be asserted. It is the responsibility of the legal clerk to submit the complete application on time with all the necessary documents and evidence to the competent authority. Exceeding the deadline can usually only be remedied retrospectively in particularly well-founded exceptional cases (e.g., where the missed deadline was demonstrably not the applicant’s fault).
Are there limits to the amount of reimbursable travel expenses in the legal clerkship?
The reimbursement of travel expenses in the legal clerkship is subject to statutory maximum rates for both the individual cost categories and the total amount, in accordance with the relevant travel expense laws of the federal states. These specify upper limits for, for example, accommodation costs, daily allowances, or travel expenses per day and trip. Exceedances are generally not reimbursed unless they are exceptionally justified by official reasons or special circumstances of the individual case and have been approved in advance by the competent authority. Personal contributions, such as for voluntarily upgrading to higher comfort (first class, single instead of double room) or private detours, must always be borne privately.
How is the distance between home and training place assessed in law?
The distance between home and the training place is relevant in travel expense law when determining whether an official trip or merely a regular commute is involved. Legally decisive is usually the so-called ‘first place of work’ (also referred to as the home post). Journeys to this training place are not considered official trips and are therefore not eligible for travel expense reimbursement, but are instead classified as regular commuter expenses. Only journeys beyond this first place of work (e.g., to external stations, courts in other locations, or multi-day training venues) are recognized as reimbursable official trips. This always requires proof of official necessity and—where different from the norm—the express ordering of the trip by the responsible training manager.