Within the framework of the work of any enterprise, regardless of the form of ownership, it is difficult to imagine that employees fulfill their functional duties only within the organization.
Important points
For example, there is a need to conclude a contract. This will require a personal meeting with potential partners, delivery of documents, delivery of equipment, verification of documentation, etc. Some trips, given the current legislation in our country, are called business trips, while others, despite the fact that the trip is related to production, are called business trips. Let's try to understand what are the main differences between them.
What is the difference between business trip and business trip oh? In order to clarify this issue, it is necessary to refer to the labor legislation of our country. We will select those key points that relate to the relationship between employees and the employer.
Features of official business trip
According to Art. 24 of the Labor Code of the Russian Federation, certain guarantees are fixed that are vested in an employee sent by the head on a trip relating to his production activities. How does this concept interpret labor law? Are you on a business trip or business trip? You can understand the difference, armed with Art. 166 of the Labor Code of the Russian Federation. The article specifies those moments at which a trip can be considered a business trip:
- there is a written order of the head of the company;
- a specific period is set, taking into account the goals and objectives, the complexity and volume of the task (time should be enough to achieve a positive outcome of the trip);
- the assignment was carried out outside the permanent place of work (service).
We continue the conversation about what a business trip and business trip are. The difference between them is not always easy to find. For example, if trips are associated with permanent work, that is, the specifics of work itself involves systematic travel, they are not considered business trips.
Refinements
How to understand what the employee will have - a business trip or a business trip? The differences between them are examined in detail in Government Decision No. 749 of 2008. Clause 3 of this document explains that the company with which the employee has an official labor contract is considered a permanent place of work.
If there is a written order of the employer, in this case even the direction of the employee to a separate structural unit can be considered as a business trip.
Payroll
We continue the conversation on how to distinguish a business trip from a business trip. Let us dwell on some points related to payroll. The duration of the trip is calculated from the day the employee leaves for the destination, ends with the date of return to the place of permanent employment. In each individual case, the question of whether the employee will go to production on the day of arrival or will do so the next day is decided. For example, if the train arrived at 20:00 on September 15, then a person will be able to start his duties only on September 16. If the arrival time is 11.00 on September 15, and the manager needs an urgent report (its oral form is allowed) on the work done, the employee leaves the main enterprise on the same day.
What else is characterized by a business trip, a business trip? A typical mistake is the calculation of wages during such trips.
Explanations on this issue are given in Art. 167 of the Labor Code of the Russian Federation.It guarantees the preservation of the employee sent on a business trip, the average wage for the entire period of the assignment outside the place of permanent work. This includes those days when a person was on the road or was forced to delay due to objective reasons (extension of the project, transfer of departure).
Legal aspects
What documents are used by the employer when they pay a business trip and a business trip? The difference in payroll is noted in Art. 139 of the Labor Code of the Russian Federation. An employee retains his position, place of permanent work. So, a business trip or a business trip involves the journey of an employee who, as usual, performs his duties at a permanent place of work. It is considered a manufacturing necessity. A business trip or a business trip is characterized by direction by order (or order) for a specific period. During this period, the employee is obliged to fulfill the task given by the employer in another place.
Thus, if a person works even in the same city where he constantly lives, but in a different company (another structural unit), such an activity is a business trip and a business trip. There is a difference with a regular trip in reimbursement of expenses incurred by an employee.
How to pay
There are certain rules according to which reimbursement of expenses incurred during the trip by an employee occurs. According to Art. 168 of the Labor Code of the Russian Federation, the employer must reimburse all material expenses that relate to business trips. Among them are:
- daily expenses;
- other cash costs that are required for the full performance of the job, which are justified by the economic benefit for the company that sent the employee to carry out a specific assignment (according to local acts approved by this organization).
What is included in the concept
There is no exact definition of the term “business trip” in the domestic labor legislation. But according to Art. 166 of the Labor Code of the Russian Federation, explanations are given according to which such a trip includes work carried out on the road, or activity that was originally of a traveling nature. For example, the professional activity of the driver is associated with constant business trips, despite the fact that when he comes to work he always leaves one place, returns there after the end of the work shift.
The courier, who delivers official documentation to various places in the city, upon signing the employment contract (when applying for a job), agrees to such working conditions.
In such cases, an additional order to send an employee on a business trip is not issued, payment of travel expenses is not expected.
The administration of the organization, taking into account the peculiarities of production, is obliged to independently develop and approve, with the consent of the trade union body and employees, a list of those professions (positions) that perform their basic duties while on the move. Such local acts also indicate the amount of compensation and the sequence of payments related to travel.
To summarize
At many enterprises, including government agencies, situations arise when an employee must go to another city (another structural unit) in order to perform a specific task. For example, at school, a business trip will accompany children to the Olympics, competition, research conference.
The school principal issues an order on the direction of the teacher on a business trip, forms a job assignment for him. After reception, the employee submits travel documents to the accounting department (bus and train tickets, checks for paying for hotel accommodation). In addition to reimbursing such expenses, the employee is paid a per diem, the amount of which is established by local acts of the educational organization.
There is a list of specialties that are associated with the continuous implementation of traveling work. They should be listed in the local documents of the organization, brought to the attention of the employee during his employment.
The main difference of a business trip is the issuance by the head of the company of a job assignment, the need to provide a detailed report on its implementation. The duration of the trip depends on the complexity of the assignment, as well as on climatic conditions, the remoteness of the village from the central region, and infrastructure.