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ARTICLE · 19 AUGUST 2022

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Employer's Burden Of Proof In False Reimbursement Disputes

For most employers, false reimbursement is a serious disciplinary violation under their rules and regulations, often forming the basis for dismissing employees found to have made such false claims.

ChinaLitigation, Mediation & Arbitration

For most employers, false reimbursement is a serious disciplinary violation under their rules and regulations, often forming the basis for dismissing employees found to have made such false claims. However, in practice, false reimbursement can be highly concealed, with many employers only discovering the fact after funds have been approved and reimbursed.

In judicial cases involving false reimbursement, this original approval of employee reimbursement claims often comes back to haunt and adversely affect the outcome.

This article focuses on arbitration and judgment practice of such matters in Shanghai, and combines recent practical experience of the authors to suggest recommendations for employers to properly present evidence and respond in such labour disputes.

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