Sent on a business trip without travel allowance. Business trips of employees: we draw up correctly Whether to send on a business trip without consent

The interests and connections of the company may extend to a significant territory that goes beyond the boundaries of the city or region. In order to carry out activities, the company's management may send its employees on business trips. To finance and solve other organizational issues, it is necessary to correctly draw up documents for a business trip.

A business trip is part of the performance by the employee of his labor duties, provided for by the job description.

Therefore, the administration does not need to ask for consent before sending an employee on a trip.

Nevertheless, certain categories of workers are provided with certain guarantees by the rules of law.

According to them, in order to send such an employee on a business trip, you must first request his consent in writing:

Employees with young children under the age of three. This also includes single parents who have a child under three years of age.
Company employees with a child with a disability.
Employees of the company, recognized as single parents, if their children are not yet five years old.
Employees of the enterprise who care for the sick and elderly relatives.
Employees who have a disability group, if the program for restoring their health is violated during a business trip

Important! Obtaining consent for these categories is not enough, it is necessary to notify such workers that they have the right to refuse to travel. Therefore, it is recommended to combine consent and notice at once in one document.

Also, the provisions of regulations establish several categories of employees whose business trips are prohibited:

Employee in position.
Employees who have not reached the age of majority. But if this employee works in creative professions or an athlete, then this ban does not apply to them.
If the employee is involved and works in the organization on the basis of a student agreement.

A controversial situation arises with employees when they are sent on a business trip, when they have an internal part-time job. There is no direct prohibition on sending them on a business trip.

However, questions arise as to how to register the absence of an employee sent on a business trip in the second profession in the company.

Changes in 2019

There were no innovations in business trip arrangements this year.

The direction on a business trip is drawn up on the basis of an order issued by the head of the company, which is considered the main document for a business trip.

A business trip certificate, a job assignment and a business trip report are issued if the company's internal acts provide for this.

Upon return from the trip, the employee must submit an advance report that reflects all expenses incurred based on supporting questions.

It is important that from July 01, 2019, documents confirming cash payments using only cashier's checks punched at the online checkout are accepted for accounting.

From the beginning of July, it is impossible to accept sales receipts, receipts and other forms of reporting, which previously business travelers could use to confirm the expenditure of funds.

This rule also applies to public transport tickets. An employee can attach a ticket, but they will also need a check from the online cash desk.

How to arrange a business trip for an employee in 2019

Step 1. Issuing an order from the head to send on a business trip

The need for a business trip is brought to the director of the company with the help of a memo. Having studied the information presented in the document, the manager decides to send the employee on a business trip.

To do this, the personnel department prepares an order for a business trip, which is then signed by the head of the company.

Unified forms T-9 and T-9a, provided just for such cases, can be used. Or an order can be issued in a free form on a letterhead with the inclusion of all the necessary details in it.

If an employee goes on a business trip on his personal transport, then this moment must be reflected in the business trip order.

Attention! The basis for issuing an order is a memo. If a service assignment is issued, then it can also be indicated as a basis.

After signing and registering the order, its contents must be brought to the attention of the employee against signature.

Step 2. Issuing funds to an employee to finance a business trip

The current rules establish the obligation of the employer to pay the employee all expenses for the upcoming business trip (daily allowance, travel expenses, living expenses, etc.).

Therefore, on the basis of an order to send on a business trip, the employee or his immediate supervisor calculates the amount of money that must be paid to the employee before he is sent.

Preliminary calculation of travel expenses is also best done in the form of a memo. As the approval of this amount, the head affixes his visa.

The issuance of money can be made either in cash from the cash desk, or by transferring it to the current account (card) of the employee.

Attention! If the trip is a foreign trip, money should be issued for spending funds on the territory of Russia in rubles, on the territory of a foreign state - in foreign currency.

Step 3. Issuance of a travel certificate (if the provision provides)

If the internal regulations of the organization provide for the issuance of travel certificates, then on the basis of the issued order, the personnel officer must issue this document to the employee sent on a business trip.

In this form, stamps are affixed on the arrival and departure of the employee.

The organization may provide for the obligation to maintain a register of posted workers.

It reflects the personal data of the employee, the name of the city and the name of the enterprise where this person is sent, the days of departure and arrival of the employee on a business trip.

Currently, this document is not mandatory for registration. It can be used by companies for internal document management.

Step 4. Drawing up an advance report

As soon as the employee returns from a business trip, he must submit an advance report within three days. For this document, the AO-1 form is established.

Together with this document, the employee can draw up a business trip report if this obligation is enshrined in the norms of the enterprise.

It is necessary to attach to the advance report all documents on a business trip that an employee of the company has.

They may be:

Documents confirming the employee's living expenses - documents of the hotel in which the employee stayed, a contract for renting a dwelling, etc.
Documents confirming the travel of the employee to the place of business trip and back.
Documents confirming the cost of transport - taxis, metro, trolleybuses, and buses, trains, etc.
Memo with checks to confirm fuel costs when using the employee's transport.
A memo for expenses for which the employee cannot provide supporting documents.
Other supporting documents, for example, receipts for communication services, etc.

Step 5. Return unused amounts to the cashier (if any)

If, after returning from a trip, the employee has unused amounts, then he must return them within 3 days from the date of submission of the advance report. The cashier fixes the delivery of funds by issuing a cash order.

By law, the administration has the right to recover these funds from the employee if he refuses to voluntarily repay the debt, only within 1 month from the end of the voluntary return period. If this is not done, then it will be possible to receive funds only through the court.

Attention! An employee may agree to voluntary retention by filling out an application. And on the basis of this document, an order is drawn up. But in this way it is allowed to withhold no more than 20% of accrued earnings for the period.

Step 6: Compensate for cost overruns (if needed)

When an employee is sent on a trip, his expenses are planned. However, unforeseen circumstances can always arise and the fulfillment of obligations will require more funds than have been issued.

After returning from a trip, the employee draws up an advance report, to which he attaches all the documents. If the overspending was justified, then the overspending of funds is covered by issuing cash from the cash desk or by transferring to the card.

To make a correct decision, it is necessary to determine the compliance of expenses with the following criteria:

Expenses were made for urgent reasons;
All expenses have supporting documents that are drawn up correctly;
The advance report is correct.

Excessive amounts must be paid to the employee within 3 days from the date of submission of the report.

Attention! If this is not done, then the employee has the right to apply to the regulatory authorities, and he will have to pay not only the debt itself, but also interest on the use of other people's money.

If the company cannot immediately cover the entire debt, then you need to draw up a repayment schedule that is signed by both parties to the relationship.

Memo: what documents are needed for a business trip

All documents can be divided into the main ones, which are required to be unconditionally drawn up for each trip, and additional ones, which are drawn up at will. Additional documents are drawn up if their use is enshrined in the internal acts of the organization.

Antipyretics for children are prescribed by a pediatrician. But there are emergency situations for fever when the child needs to be given medicine immediately. Then the parents take responsibility and use antipyretic drugs. What is allowed to give to infants? How can you bring down the temperature in older children? What medicines are the safest?

The boss once again sends you on a business trip, and you do not know? Your open refusal of a business trip to which your management sends you can be a serious violation of labor discipline, unless, of course, you know some of the intricacies of this issue. After all, many employers use ignorance of the legislative nuances by sending objectionable employees on permanent business trips, forcing them to refuse business trips, and then use their refusal as a reason for dismissal. However, there are some conditions that must be met by any organization. If the conditions are violated, you have a chance to refuse a business trip without consequences for yourself. What can be done?

Going on sick leave is a classic of the genre, one of the most famous ways to avoid a trip. It can be easier to get a certificate from the clinic about any illness (even if the employee is 100% healthy) than to go on a business trip. However, employees who abuse this method will sooner or later arouse suspicion in management about the constant coincidence of illness with travel, and appropriate personnel conclusions will be drawn. So don't overdo it with this method.
Try to master all the necessary knowledge about the rules for documenting a business trip. Among the mandatory documentary attributes of any business trip, there should be an order from the head, a travel certificate, as well as your official assignment. Read the last document carefully. In it, you can find a discrepancy between the stated purposes of the business trip and your work duties, and this is the basis for refusing to travel. Of course, this will not add warmth to the relationship with the employer.
If the accounting department “forgot” to give you funds for travel expenses, you also have the right to refuse the trip. In some cases, the company is only ready to compensate you for the expenses incurred, that is, to pay after the fact. But be aware that this is also illegal. Travel allowances must always be issued in advance.
Sending women on a business trip is associated with some nuances and other rules. For example, the law prohibits sending pregnant women on business trips. If a woman has a small child, then a business trip is possible only with her personal written consent. The same applies to parents who have a disabled child or people caring for a sick relative. All these categories of employees have the full right to refuse to travel on a business trip.
If you don't want to ruin your relationship with your boss, just try talking to him. Tell him about your concerns, give strong arguments against your trip, share your thoughts that you will not be able to cope. Perhaps you can resolve the issue amicably.

Now you know, how to cancel a trip without violating their rights and obligations.

Labor Code

employment, legislation, business trip

Many secretaries and assistant managers, to the extent possible, also have to deal with personnel issues. This article is about business trips. The question of how to send an employee on a business trip is especially relevant, also due to the fact that since the beginning of 2015 the procedure for processing business trips has been changed. In the first part of the article, we will understand what a business trip is, find out when it starts and when it ends, what guarantees the business traveler receives from the employer, and also find out which of the colleagues cannot be sent on a business trip at all, and which can only be with his written consent. Those who travel frequently for work will also be interested in knowing their rights and finding out if their trips are processed correctly.

What is a business trip

According to Art. 166 of the Labor Code of the Russian Federation, a business trip is a trip of an employee by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work.

What is a “place of permanent work” is defined in clause 3. Regulations on the features of sending employees on business trips, approved. Decree of the Government of the Russian Federation of October 13, 2008 N 749 (hereinafter referred to as the Regulation): this is the location of the organization (its separate structural unit), the work in which is conditioned by an employment contract.

Well, where without nuances: for example, train conductors, despite the fact that they are constantly on the road, are not on a business trip. Their work is carried out on the road. The same applies to drivers or, for example, technicians who install or repair equipment who come to our home. Their work is traveling in nature. A trip of an employee to a shift is also not considered a business trip.

But if a person works at the central office of the organization, which is located in Moscow, and goes to a branch in the Moscow region, or, conversely, an employee of the branch arrives at the central office, in both cases we are talking about a business trip.

Business trip period

From the definition that we gave above, it follows that any business trip has a "certain period". It can last one day, and several months - there is no limit. The main thing is that even before the employee leaves, you need to know how long his absence will last. Based on this period, the accountant will calculate the advance that the seconded worker will receive.

See paragraph 4. Provisions:

The day of departure on a business trip is the date of departure of a train, plane, bus or other vehicle from the place of permanent work of the business traveler, and the day of arrival from a business trip is the date of arrival of the vehicle at the specified place. When the vehicle departs before 24:00 inclusive, the day of departure for a business trip (arrival from a business trip) is considered the current day, and from 00:00 and later - the next day.

Thus, if the plane leaves on February 17 at 23:50, then February 17 is considered the first day of the business trip, and for this day the employee will receive per diems. The same with the return: the plane arrives on February 20 at 00:05, and the whole coming day is a business day. Whether the employee will appear in the office on February 17 and 20, he himself will decide with the employer.

If the day of departure or return falls on Saturday or Sunday, you need to draw up an invitation to work on a weekend / holiday.

Posted Worker Guarantees

Firstly, if an employee leaves on the instructions of the employer, his job is guaranteed to remain behind him. No one has the right to “under the guise” dismiss an employee who is on a business trip, transfer to another position, reduce, send on vacation, and so on.

Secondly, during the entire business trip, the employee receives his average salary (which is usually more than the monthly salary).

Thirdly, the employer is obliged to reimburse the employee for the expenses associated with the business trip. The minimum composition of these expenses is travel, renting a dwelling and per diems. All other expenses (communication, gasoline, meals, etc.) are reimbursed only if they were made with the permission of the employer. This is evidenced by Article 168 of the Labor Code of the Russian Federation.

Fourthly, if an employee falls ill during a business trip, the employer pays his sick leave, accommodation (if the person is not in the hospital) and pays per diem. The only condition is that a sick employee in another city must consult a doctor and take a certificate of incapacity for work. Therefore, all those who travel frequently are strongly advised to carry their medical policy with them. Of course, doctors are obliged to provide assistance without him, but it is often difficult to prove this to them, and a sick person needs strength to fight the disease, and not with doctors. When contacting private clinics, a policy is not needed, but before contacting them, you should find out if sick leave certificates are issued here.

Who cannot be sent on a business trip, and who can, but with conditions

Under no circumstances should you send on business trips:

pregnant women,
workers under the age of 18.

Even if the employee himself is torn on a business trip and is ready to provide written consent, it is impossible. This is the law.

However, with children under 18 years old, everything is not so simple. A number of regulatory documents make an exception for:

creative media workers, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, and other persons involved in the creation and (or) performance (exhibition) of works;
athletes.

(see Article 268, Article 348.8 of the Labor Code of the Russian Federation, clause 14 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 01.28.2014 N 1, Decree of the Government of the Russian Federation of 04.28.2007 N 252)

in the absence of a written consent to a business trip or a travel ban in accordance with a medical report:

Women with a child under the age of three;

Mothers and fathers raising children under the age of five without a spouse;

Guardians of children under the age of five;

Other persons raising children under the age of five without a mother;

Employees with disabled children;

Employees caring for sick members of their families in accordance with a medical report (see Article 259 of the Labor Code of the Russian Federation);

for disabled workers, if the trip is contrary to the individual rehabilitation program (Article 23 of the Federal Law of November 24, 1995 N 181-FZ).
for employees who have concluded an apprenticeship agreement with the employer, during the period of validity of the agreement, if the trip is not related to apprenticeship (part 3 of article 203 of the Labor Code of the Russian Federation);
for employees registered as a candidate for an elected body during the election period (Article 41 of the Federal Law of June 12, 2002 N 67-FZ).

As for foreign workers, then:

a foreign citizen temporarily staying in the Russian Federation can be sent on a business trip for no more than 10 calendar days during the entire period of validity of the work permit;
a foreign citizen temporarily residing on the territory of the Russian Federation - no more than 40 calendar days per year;
highly qualified foreign specialist - continuously for no more than 30 calendar days per year, during the period of validity of the work permit.

For more details, see Order of the Ministry of Health and Social Development of the Russian Federation of July 28, 2010 N 564n.

Only with written consent can go on a business trip:

women with children under three years of age;
mothers and fathers raising children under the age of five without a spouse;
guardians of children under the age of five;
other persons raising children under the age of five without a mother;
workers with disabled children;
workers caring for sick members of their families in accordance with a medical report (see article 259 of the Labor Code of the Russian Federation).

In addition to the written consent, the listed categories of employees are also required to have no medical contraindications to travel.

Requesting employee consent

As any personnel officer understands, the consent of the employee must be in writing. Moreover, mothers with children under 3 must confirm (also in writing!) that they have been informed of their right to refuse a business trip. This is required by Art. 259 of the Labor Code of the Russian Federation.

The request for consent can be made separately by writing a letter to the employee. The text of the letter will be something like this:

Dear Anna Viktorovna!

I ask you to agree to be sent on a business trip from February 16 to February 17, 2015 in Moscow to undergo the training "Successful Sales". I notify you that on the basis of Article 259 of the Labor Code of the Russian Federation, you, as an employee with a child under the age of three, have the right to refuse a business trip.

Head of Human Resources Demidov O.M. Demidov

The letter is handed to the employee, and he writes the following text on it with his own hand (this is important!)

Agree to travel

I am aware of the right to refuse a business trip.

Sales manager Vasilyeva A.V. Vasiliev. 02/12/2015.

There is a second option, it is simpler: the employee writes the same thing right on the memo about the business trip, which is prepared by his boss in the name of the head of the company. We will talk about these memos in the second part of the article.

If the employee does not belong to any of the "preferential" categories listed here, then he is obliged to go on a business trip. Failure to do so may result in disciplinary action.

A business trip is a trip of a subordinate by order of the head. An employee goes on such a trip for a certain period of time in order to fulfill work assignments at another facility. Business trip is part of the employee's job responsibilities. When traveling for work, all expenses are covered by the employer. Upon arrival from a business trip, the worker retains his workplace and previous earnings.

The start date of the work trip is the date on the departure ticket. The end date of the business trip is the date of arrival indicated on the travel ticket. Since 2015, travel permits have been abolished. Now, instead of travel certificates, you can present transport tickets.

Business trip assignment

The service task is used for registration, accounting and reporting on the performance of the service task. Such a task is assigned by the head of the department, and approved and signed by the head of the company.

A subordinate who has returned from a business trip draws up a report on the work performed during the period of absence from the company. The report is agreed with the head of the department and transferred to the accounting department with an advance report and transport tickets.

Regulations on business trips

The travel policy is a document that includes a description of the process of reimbursement to employees for travel, accommodation, per diems. Each company should have a written travel policy that clearly states all the nuances. In this document, as a rule, the following conditions are spelled out:

length of stay on a business trip;
the fact that a business trip on a weekend must be paid at a special rate;
spending company funds;
departure and return on a day off (according to Article 153 of the Labor Code, such departure and arrival must be paid at double the rate);
one-day business trip (in this situation, per diems are not paid, but the costs of a taxi and luggage delivery are fully covered).

At the same time, the law does not oblige the employer to draw up such a document. But, of course, the paper should be drawn up in case of checks and misunderstandings between management and the employee.

How are travel expenses calculated?

To determine the amount of the payment, the time spent by the employee on a business trip is taken into account. The day of the beginning of the calculation is the day of departure, and the day of the end is the day of arrival back. The number of days that the travel worker had to work at his permanent job is calculated. Travel allowances are calculated based on average wages. An employee may receive various additional payments at the discretion of the management for certain achievements or quality work.

Double payment for holidays and weekends applies only to those employees who, under the contract, do not work on such days. The actions of a manager who does not pay holidays or weekends when a subordinate is only going to temporary work will be illegal. Travel time must be paid.

For the return of money for expenses, the traveler must present all receipts. If there is no documentary evidence of expenses, then the accrual will be made at the minimum cost. Cost compensation is not an employee's income and therefore is not taxed.

Can I cancel a business trip?

Not all employees are willing to go on business trips. How to cancel a business trip? This question is of interest to most of the working Russian population.

According to the employment contract, the employee is obliged to fulfill his duties, orders of the head and obey the rules of the company. Article one hundred and sixty-six of the Labor Code of the Russian Federation states that a trip for work is a trip to another object of work by order of the head. Consequently, the employee temporarily goes to a new workplace by order of the boss. Therefore, a business trip is not a job change for a new one, the trip does not change the terms of the employment contract. By law, the employer does not need to obtain the consent of an employee to travel for work.

How to refuse a business trip without negative consequences for further work in the company? Article 166 in the labor law gives the full right to the employer to send his employees on a business trip, both domestically and abroad. But there are also exceptions to the law. Such exceptions apply to categories of employees to which the highest level of social guarantees is applied. Renunciation of a business trip can be written by minors or persons with family responsibilities. This category of people has the legal right to refuse a trip on business matters.

But any employee of the company who has good and justified reasons for refusal can refuse. The manager has the right to cancel the trip, but he is not required by law to do so.

Definition of a work trip under the Labor Code

Unreasonable refusal of a business trip is a direct failure to fulfill work duties and orders. According to articles of the Labor Code (LC) 192, 193, violation of labor discipline can lead to dismissal from the workplace.

Is it possible to refuse a business trip to a subordinate who has not concluded an employment contract? The laws of the Labor Code apply to employees who have entered into an employment contract with an employer. Workers who perform their work under a contract are not required to travel on a business trip. The basis for refusal of a business trip is an employment contract, which clearly states that a subordinate should not travel for work. If there is no such entry, then the employee must comply with the conditions.

How can an employee cancel a business trip?

According to the Labor Code, the employer must obtain written consent from the employee for a work trip. This is necessary if we are talking about the category of employees who have the right to refuse, or in cases where a business trip falls on a weekend. A business trip on a day off is not provided for in the Labor Code, so the subordinate has every right to refuse it. Separate documentsthat need to be issued in order to obtain consent from an employee or refuse a business trip, must contain the following information:

a written explanation of the need to travel;
terms of work at another facility;
notification of the employee about the possibility of refusal, for what reasons it can be done;
Compensation for work on weekends, travel allowance.

On the basis of the written consent of the employee to the trip, the employer can issue an order for a business trip, a business assignment for a business trip and other documents. If a subordinate cannot go on a trip, then he must write a written refusal addressed to the head of the company. Certificates or documents explaining the refusal to comply with the order must be attached to such an application. any documents;

Refusal for legal reasons does not entail any negative consequences. All other reasons are considered directly by the manager, after which a decision is made whether to consider the situation valid or not.

Business trip to another city: who can refuse?

The employer cannot send on a business trip those categories of employees who are exempt from work trips under current legislation. As for persons who have every right not to go to another city, it is necessary to discuss the possibility of a business trip directly with the employee. The head must take a written agreement for the trip from the following categories of employees:

single parent with a child under five;
women with children under three years of age;
parents of a disabled child;
guardians of minor children;
people caring for relatives who require constant care;
employees who are registered as candidates for elections.

If the above categories of persons do not know their rights, then the management is obliged to notify them of the possibility of refusing a work trip.

Refusal to travel abroad

The procedure for issuing a work trip to another state is rather complicated. A business trip abroad includes compensation for:

travel costs (the company is obliged to cover the full cost of transport);
accommodation (this includes paying for a hotel or renting an apartment for living);
payment of daily allowance (monetary compensation of expenses);
visa processing costs (payment of the state fee and visa processing is covered by management);
registration of a foreign passport (if necessary).

Per diem allowance on a business trip abroad

Daily allowance is money given to an employee for current expenses. Travel and accommodation are paid separately. The size of the daily allowance for the trip is set by the company itself, which sends the official. Usually, daily allowances abroad are charged in the amount of 2,500 rubles, since they are not subject to personal income tax (PIT). If the amount of travel allowance is more than 2,500 rubles, then income tax is withheld. As soon as the employee crossed the border, the management should start paying per diems.

Documents for registration of a working trip abroad

Preparation of documents begins with the order of the employer. The order clearly states the duration of stay, the destination abroad and the data of the person executing the order. An advance report and a task for a business trip are attached to the order. After that, a copy of the passport page with border crossing stamps is attached to the advance report.

If an employee was given money in ruble equivalent for expenses, then upon arrival in another country he is obliged to exchange them for dollars. Upon his return, he must also draw up an advance report, attach to it all documents confirming the expenses, and draw up a report on the work done. The remaining amount must be returned to the accounting department of the company. This applies to both domestic and foreign currencies.

Can I get fired if I cancel my work trip?

The manager has no reason to dismiss a subordinate, since refusing a business trip is only a violation of discipline. The reason for dismissal and termination of the contract may be disciplinary sanctions (Article 192 of the Labor Code). Refusal of a business trip by the employer can be regarded as absenteeism, and then they can be fired under paragraph six, part one of Article 81.

To dismiss an employee on the basis of a disciplinary sanction, the employer will need to provide evidence. At the same time, it is necessary to prove not only that the employee violated discipline at the enterprise, but also the severity of this act and the circumstances. It will also be necessary to prove the negligent attitude of the subordinate to work.

Innovations in the regulation on business trips in 2017 in the Russian Federation

Since 2017, it is necessary to pay an insurance premium from excess daily allowance. At the same time, the law of the Russian Federation provides for the previous daily allowance standards. Thus, two and a half thousand rubles are allocated daily for trips abroad, and seven hundred rubles for business trips within the country.

The employer-employee relationship in modern conditions is increasingly reminiscent of a game of survival. The rights of employees have noticeably diminished, and those that remain are often not respected.

Sending an employee on a business trip is a fairly common practice in modern companies. In the interests of business, employees of different categories go to perform official assignments, assignments to company divisions located in other cities, or to other organizations for a certain period of time. But not always the worker feels the desire to go on a journey. Can he refuse?

A client asked our lawyers to clarify his rights:

I have been working as a mechanic-repairman at the plant for 11 years now. When I got a job, nothing was said about the possibility of business trips, and there were none for all this time. And here: they are forced to go for 3 months to a branch of the company in another city to mount the line, which was transferred there from our plant. I do not need additional expenses, I already have a loan. I am a simple worker, not a manager, can I refuse the trip?

The Labor Code gives the employer the right to send his employee for a certain period of time to perform a certain task, assignment related to his labor functions, outside the place of permanent work, that is, to another city where a division (branch) of the company is located or another organization with which the employer cooperates. This does not depend in any way on the conditions announced to the candidate when hiring, unless, of course, the employment contract directly contains a clause stating that the employee is not sent on business trips.

The company must pay all expenses related to the trip. Such expenses include: payment for moving to the place of business trip, expenses related to accommodation (payment for hotels, rent of housing) and payment of per diem expenses. At the same time, the company either organizes the payment for tickets and accommodation itself, or pays the employee an advance payment for these services before the employee leaves on a business trip, and also pays per diem in advance, that is, the employee does not have to bear his own financial costs for the trip. Since labor legislation provides rather general descriptions of travel processes, companies most often develop internal documents (regulations, orders) that describe in detail the rules for issuing a business trip and the costs associated with it. Often, such documents prescribe additional compensation for expenses that the company is ready to incur (payment for taxis, meals, consumer services).

Who can avoid a business trip?

The legislation distinguishes between two types of employees: those who cannot be sent on a business trip at all and those who have the right to refuse to travel. The first are expectant mothers, minors, employees who have entered into a student agreement, disabled people, if this is contrary to their rehabilitation program, registered candidates, as well as employees registered not under an employment contract, but under civil law. The second are employees with small children (up to three years old), parents who are raising a small (up to five years old) child alone, parents with a disabled child, and employees who care for sick relatives. All other employees may be sent by the employer on a business trip, and refusal to travel will be a violation of labor discipline, and the company may bring such an employee to disciplinary responsibility.

How long does an employee have to carry out the assignment of the company in another city?

The period of the trip, of course, is determined by the employer, based on the complexity of the task ahead, but the duration of this period should be limited to the fact that the task is completed, and not be of an indefinite nature, so as not to become a transfer to another job, which implies obtaining consent from the employee.

The employee is sent on a trip not by verbal order, but only after the execution of the appropriate package of documents, which indicates its purpose, dates, city, division or organization to which the traveler is traveling. The organization prepares a job assignment for the employee, a travel certificate, which will confirm the fact of being in another city, issues a business trip order, which the employee gets acquainted with against signature. For the period of the trip, the employee retains the average salary and position.

Before our lawyers can finally explain to our client his rights, it will be necessary to analyze a number of documents to check if he belongs to one of the categories of workers who cannot be sent on a business trip or can refuse it. We will also advise him on the package of documents that must be drawn up with him in the company and provided based on the results of the trip so that he does not incur his own financial costs if he is nevertheless obliged to go to it.

Hello. according to the provisions of Article 166 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), a business trip is a trip of an employee at the direction of the employer for a certain period to perform an official assignment outside the place of permanent work.

When an employee is sent on a business trip, he is guaranteed average earnings, as well as reimbursement of expenses associated with a business trip - travel expenses and rent of housing, additional expenses associated with living outside the place of permanent residence (per diem) and other expenses incurred by the employee with permission and knowledge of the employer (Articles 167, 168 of the Labor Code of the Russian Federation).

Clause 11 of Decree of the Government of the Russian Federation of October 13, 2008 No. 749 “On the peculiarities of sending employees on business trips” provides that the amount of expenses associated with a business trip is determined by a collective agreement or a local regulatory act.

Additional expenses associated with living outside the place of residence (daily allowance) are reimbursed to the employee for each day on a business trip, including weekends and non-working holidays, as well as for days on the road, including for the time of a forced stop on the way.

From the foregoing, it follows that the employer does not have the right to send an employee on a business trip at his own expense, that is, without paying daily allowances for each day on a business trip. The daily allowance must be established by a collective agreement or other local normative act.

In addition to paying additional expenses associated with living outside the place of permanent residence, during the time spent on a business trip, the employee is guaranteed average earnings (Article 167 of the Labor Code of the Russian Federation). This means that the salary during the stay on a business trip should not be less than the average salary. The rules for calculating average earnings are established by Government Decree No. 922 of December 24, 2007 “On the Peculiarities of the Procedure for Calculating Average Wages”.

Accounting for working time is carried out according to the unified form No. T-12 "Time sheet and payroll calculation" or No. T-13 "Time sheet" (approved by the Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 "On approval of unified forms of primary accounting documentation for the accounting of labor and its payment). The time spent on a business trip is marked in the report card with the letter "K".

Please note that in case of violation of labor legislation, the organization may be held administratively liable in accordance with paragraph 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation: “violation of labor legislation and labor protection entails the imposition of an administrative fine: on officials in in the amount of one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days.

A business trip is the sending of an employee from an organization to perform work duties in an area that is remote from the main place of employment. Such trips are required by employers to carry out activities to attract a new client audience, establish relationships with counterparties, discover other development opportunities, purchase products and receive / provide services. The business trip is the responsibility of the employee, the refusal of such a trip cannot take place without good reasons.

Business trip - the essence and differences from a business trip

The main regulatory framework that regulates the relationship between the head and the seconded employee is Ch. 24 TK. It contains information about the meaning of the term "business trip", includes guarantees and the availability of employee compensation. When making a business trip, managers are required to rely on Art. 166, 168, 167. A business trip is a trip of an employee according to the order of the head for an exact period to perform work tasks outside a fixed place of employment.

In accordance with paragraph 3 of the Regulations on the peculiarities of sending employees on business trips, regulated by the approved Government Decree No. 749 of October 13, 2008, the place of permanent employment is the actual or legal location of the company (depending on the position) in which the employee works. A business trip, unlike a business trip, can only be recognized when for a citizen this is not a standard work carried out on the road or the work is not of a traveling nature (forwarders, truckers, couriers and similar specialties) - in accordance with Part 1 of Art. 166 TK.

A trip for the purpose of fulfilling business purposes in another area must meet the following criteria:

the order is executed outside the permanent place of employment;
the trip is limited to some exact dates;
the employee does not do his own work on the road.

At the same time, a business trip also refers to a trip in which an office employee travels to another division or branch of the company located in another area. The purpose of a business trip is a job assignment received by an employee and documented in the relevant documentation. There are two types of trips - business trips abroad and local.

Local business trips involve the movement of employees within the Russian Federation.

The term is determined by the manager and depends on the complexity and volume of available work tasks. Short-term ones can last from 1 to several days, while the maximum duration is not defined by law, although before the last amendments, the longest period was 40 days, and for construction specialties, the longest business trip was 1 year.

The manager can send the employee on business trips indefinitely, but it is required to take into account the length of the working day and weekends.

Who can and cannot be sent on a business trip

In accordance with paragraph 2 of the Regulations on business trips, employees who are fully registered in the company can be sent on them. This means that it is not possible to send a person on a trip who provides services in accordance with a civil law contract with an enterprise. A citizen who is not in any relationship with the company cannot be sent on a business trip. When a citizen who is not in an employment relationship with a company is registered for a trip, the tax authority does not recognize travel expenses - in accordance with the norms of Art. 264 of the Tax Code of the Russian Federation.

Also, such categories of employees are not entitled to send a manager.

Employees during the period of validity of the apprenticeship agreement, if such a need for apprenticeship is not provided, cannot be sent on a business trip - in accordance with the provisions of Part 2 of Art. 203 TK.
In accordance with the provisions of Art. 259 of the Labor Code, women are not sent on business trips during pregnancy.
Women with children under 3 years of age; fathers and mothers raising children under 5 without a spouse; as well as trustees and guardians of minors; parents of disabled children and citizens providing care for a sick relative are sent on business trips only if there is no medical prohibition and written consent - in accordance with the provisions of Art. 259 and 264 of the Labor Code. At the same time, women with children under 3 years of age must familiarize themselves with their own right to refuse and confirm their acquaintance in writing - in accordance with Art. 259 TK.
Employees under 18, except for creative specialties - in accordance with the provisions of Art. 268 TK.
Disabled employee in the presence of contradictions to the individual rehabilitation program - part 1 of Art. 23 of the Federal Law No. 181 of November 24, 1995 "On the social protection of persons with disabilities in the Russian Federation."
Registered candidate - in accordance with paragraph 2 of Art. 41 of the Federal Law No. 67 “On Basic Guarantees of Electoral Rights”.

In accordance with the provisions of Art. 166 of the Labor Code, the employee must go on a trip if there is an appropriate order from the head. An unreasonable refusal is a violation of work discipline and liability may follow, in accordance with Art. 192-193 TK.

The direction of an employee whose travel restrictions are established by the legislator is an offense on the part of the head.

Possibility and grounds for canceling a business trip

If there is consent given by the employee during employment, an unreasonable refusal can lead to a disciplinary sanction. Failure to provide documentary evidence of the employee's consent is also not a measure that excludes the possibility of disciplinary punishment in the event of an unreasonable refusal to travel.

Valid reasons that may cancel a business trip for a particular employee are as follows.

Health problems, including medical contraindications directly from the employee or one of his close relatives.
An emergency situation that has had a significant impact on the quality of life of an employee: fire, property theft, etc.
The impossibility of postponing the execution of some significant document: registration of real estate transactions, acceptance of an inheritance, and the like.
The death of a close relative or some important family event: anniversary, marriage, and the like.
Education and maintenance of a minor with disabilities.
Untimely informing about the fact of a business trip.
Lack of supporting documentation or the presence of errors in it.
Complete non-payment of the advance or lack of funding.

To refuse a business trip, the employee must notify the management in writing, indicating in the paper weighty arguments in favor of the refusal. In the absence of approval from the leader, it is impossible to evade the trip in this way. At the same time, the refusal to sign the order to send also does not act as a basis for cancellation.

Disrespectful reasons that can lead to a disciplinary sanction in case of refusal are unsatisfactory weather conditions, the unwillingness of the employee himself, the coincidence of the business trip time with some holidays and other insignificant factors.

When there are no valid reasons for refusing to travel, the employee may try to refuse the trip in a different way: talk with his superiors, convince him of the inappropriateness of the event, or suggest another candidate. But there are a number of situations in which even a weighty circumstance cannot serve as a basis for canceling a trip, for example, an emergency situation in an organization, and a trip is the only way to solve it or conclude a new contract.