A business trip is a trip of a subordinate by order of the head. On such a trip, the employee is sent for a certain period in order to fulfill work orders at another facility. A business trip is part of the employee’s duties. During a trip to work, all expenses are covered by the employer. Upon arrival from a business trip, the worker remains with his workplace and previous earnings.
The date of the start of a working trip is the date on the departure ticket. The end date of the trip is the date of arrival indicated on the ticket. Since 2015, travel certificates have been canceled. Now, instead of travel certificates, you can present transport tickets.
Business trip assignment
The job assignment is used to design, record and report on the performance of the job. Such an assignment is appointed by the head of the unit, and approved and signed by the head of the company.
The subordinate, who returned from a business trip, compiles a report on the work performed for 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 Regulation on business trips is a document that includes a description of the process of reimbursing employees for travel, housing, and per diem expenses. Each company should have a written provision on business trips, which clearly indicates all the nuances. As a rule, the following conditions are spelled out in this document:
- length of stay on a business trip;
- the fact that a business trip on a day off must be paid at a special rate;
- spending company funds;
- departure and return on a weekend (according to article 153 of the Labor Code, such departure and arrival must be paid in double size);
- business trip one day (in this situation, per diem is not paid, but the cost of a taxi and baggage is fully covered).
However, 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 the management and the employee.
How are travel expenses charged?
To determine the amount of 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 business traveler had to work at his permanent job is calculated. Calculation of travel is carried out according to the average wage. An employee may receive various bonuses at the discretion of management for certain achievements or work performed in a high-quality manner.
Payment of holidays and weekends in double size applies only to those employees who under the contract do not work on such days. The actions of the leader who does not pay holidays or weekends when the subordinate only goes to temporary work will be unlawful. Travel time must be paid.
In order to return money to expenses, the traveler must present all checks. If there is no documented evidence of expenses, then accrual will be made at the minimum cost. Compensation of costs is not an employee's income, therefore it is not taxed.
Can I refuse a business trip?
Not all employees have the desire to go on business trips.How to refuse 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 to work is a trip to another work object 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 change of work to a new one; a trip does not change the terms of an employment contract. By law, the consent of the employee to travel to work to the employer is not required.
How to refuse a business trip without negative consequences for further work in the company? Section 166 of the labor law gives the employer the full right to send 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 whom the highest level of social guarantees applies. Refusal of a business trip can write minors or persons with family responsibilities. This category of people has the legal right to refuse a trip on work issues.
But any employee of the company who has good and justified reasons for refusal can refuse. The head has the right to cancel the trip, but by law he is not obliged to do this.
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 the articles of the Labor Code (TC) 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 the employer. Workers who perform their work under a contract are not required to travel on a business trip. The reason for refusing a business trip is an employment contract, which clearly states that a subordinate should not go on business trips. If there is no such record, then the employee must fulfill the conditions.
How can an employee refuse a business trip?
Under the Labor Code, the employer must obtain written consent from the employee for a working 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 the weekend. A business trip on a day off is not provided for in the Labor Code; therefore, a subordinate has every right to refuse it. Separate documents that need to be issued to obtain consent from the employee or to refuse a business trip should contain the following information:
- written explanation of the need for travel;
- terms of work at another facility;
- notification of the employee about the possibility of refusal, for what reasons it can be done;
- weekend work compensation, travel allowance payment.
On the basis of the employee’s written consent to travel, the employer can draw up a business trip order, official assignment for a business trip, and other documents. If the subordinate cannot go on a trip, then he must write a written refusal addressed to the head of the company. A statement or documents explaining the refusal to comply with the order must be attached to such a statement.
Possible reasons for refusing a working trip
How to refuse a business trip, what should be the reason? There can be two reasons for refusing a trip legally:
- According to the established legislation. The law spells out who and on what basis is not allowed to be sent on business trips.
- For good reason.
Legal reasons include:
- weekend work;
- minority of a subordinate;
- pregnancy;
- medical advice;
- the presence of small children;
- the presence of relatives who need constant care.
Good reasons include:
- refusal of a business trip for health reasons;
- emergencies;
- need for urgent receipt of any documents;
- refusal of a business trip for family reasons.
Failure for legitimate reasons does not entail any negative consequences. All other reasons are considered directly by the head, after which a decision is made whether to consider the situation respectful or not.
Business trip to another city: who can refuse?
An employer should not be sent on a business trip to those categories of employees who are exempt from working trips under current legislation. As for people who have every right not to go to another city, it is necessary to discuss the possibility of a business trip directly with an employee. The chief must take a written agreement for the trip from the following categories of workers:
- single parent with a child under five years old;
- women with children under three years old;
- parents of a disabled child;
- guardians of minor children;
- people caring for relatives who need constant care;
- employees who are registered as candidates in elections.
If the above categories of people do not know their rights, then the management is obliged to notify them of the possibility of refusing a working trip.
Refusal of business trip abroad
The procedure for processing a working trip to another state is rather complicated. A business trip abroad includes compensation for:
- travel costs (the company must fully cover the cost of transportation);
- accommodation (this includes paying for a hotel or renting an apartment to stay);
- payment of per diems (monetary compensation of expenses);
- expenses for applying for a visa (payment of the state fee and visa application is undertaken by the management);
- registration of a foreign passport (if necessary).
Per diems for a working trip abroad
Per diem is the money that is issued to an employee for current expenses. Travel and accommodation are paid separately. The size of the per diem for the trip is set by the company itself, which sends the official. Typically, per diem abroad is charged in the amount of 2,500 rubles, as they are not subject to personal income tax (PIT). If the amount of the business trip is more than 2,500 rubles, then income tax is withheld. Once an employee has crossed the border, management should begin to pay a subsistence allowance.
Documents for processing a working trip abroad
Preparation of documents begins with the order of the employer. The order clearly spells out the length of stay, destination abroad and details of the person executing the order. An advance report and a mission assignment are attached to the order. After, a copy of the passport page with border crossing stamps is attached to the expense report.
If an employee was given money in rubles in expenses, then upon arrival to another country he is obligated to exchange them for dollars. Upon his return, he must also draw up an advance report, attach to him all the documents confirming the costs, and draw up a report on the work done. The remaining amount should be returned to the accounting department of the company. This applies to both domestic and foreign currencies.
Can they be fired if they refuse a working trip?
The leader has no reason to dismiss his subordinate, since refusing a business trip is only a violation of discipline. The reason for the dismissal and termination of the contract may be disciplinary action (article of the Labor Code 192). Refusal from a trip by an employer can be regarded as absenteeism, and then they can be fired according to paragraph six, part one of Article 81.
To dismiss an employee based on disciplinary action, 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 circumstances. It will also be necessary to prove the negligent attitude of the subordinate to work.
Innovations in the regulations on business trips of 2017 in the Russian Federation
From 2017, it is necessary to pay an insurance premium from excess daily allowance. In this case, the law of the Russian Federation provides for the previous standards of per diem. So, two and a half thousand rubles are allocated daily for foreign trips, seven hundred rubles for business trips within the country.