How to refuse a business trip legally?
At work, it is common practice to be sent on business trips quite often. My employment contract does not contain any mention that the employer will send me on business trips. How can I refuse a business trip, citing the absence of a business travel clause in my employment contract?
We believe that it is impossible to refuse a business trip solely because the travel clause is not included in the employment contract.
Part 1 of Article 166 of the Labor Code of the Russian Federation gives the concept of what a business trip is. A business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work.
In accordance with Article 21 of the Labor Code of the Russian Federation, the employee’s responsibilities include conscientious performance of job duties assigned by the employment contract. A business trip implies the performance of official duties outside the employer’s location. The mere fact of being sent on a business trip does not indicate that the terms of the employment contract determined by the parties are changing. Therefore, as a general rule, the employer does not require the consent of the employee to send him on a business trip. Accordingly, an employee cannot simply refuse a business trip. But there are exceptions to the rules, and we will dwell on them.
We believe that it is possible to refuse to go on a business trip without consequences for the employee in the following cases.
Sending an employee on a business trip is expressly prohibited by current legislation.
Such a ban is established, for example, for (Part 1 of Article 259 of the Labor Code of the Russian Federation) or minor workers (Article 268 of the Labor Code of the Russian Federation).
For example, if an employer sends a pregnant employee on a business trip, then, in principle, she doesn’t have to do anything. Just don't go and that's it. But this is provided that the employer knows about her pregnancy. If he is not aware of this fact, then he must be notified about it. Otherwise, the employee’s actions may be regarded as an abuse of right. You can submit an application or memo addressed to the employer.
I would like to inform you that I am pregnant. On the basis of which, in accordance with Article 259 of the Labor Code of the Russian Federation, I cannot be sent on a business trip.
Sending an employee on a business trip is limited by current legislation
The restriction on sending an employee on a business trip implies obtaining written consent from him. Consent for sending on a business trip must be obtained, for example, from those with children under three years of age. In this case, the employer must take two actions:
In this case, you can refuse a business trip in the appropriate notification to the employer.
The reasons why an employee cannot go on a business trip will be recognized by the employer as valid.
There are many situations in life in which we cannot fulfill plans that seemed quite feasible to us yesterday. An employee may also suddenly feel unwell, need to go to see a sick relative, or have a heating battery burst. To resolve these issues, the employee needs time and going on a business trip at the moment may not be possible for him.
If an employee has a situation where he cannot travel at the direction of the employer, then it is necessary to submit an application in his name. And hope that the employer will treat the reason with understanding.
I ask you not to send me on a business trip due to the fact that my husband is currently on a business trip. We have two minor children who need supervision and care. I don’t have any relatives or friends who can be entrusted with looking after children for a while.
Summarizing
You can refuse a business trip, but you need to understand that you need good reasons for this. If there are no circumstances preventing the employee from going on a business trip, and the employee refuses it due to his own reluctance, then the employer can bring him to disciplinary liability.
According to Article 166 of the Labor Code of the Russian Federation, a business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work.
The employee is obliged to go on a business trip at the request of the employer. It should be understood that if the employment contract with an employee does not contain a condition according to which the employee is obliged to go on a business trip, this does not mean that the employee does not have such an obligation. Refusal to travel is grounds for bringing the employee to disciplinary action, up to and including dismissal. However, if the employment contract contains a clause according to which the employee cannot be sent on a business trip, then the employee’s refusal to go on a business trip is legal and cannot become a basis for bringing him to disciplinary liability.
It should be said that such seemingly valid reasons as an employee’s birthday (anniversary) falling during a business trip, a son’s wedding or a serious illness, or the death of a loved one, should be the basis for the employee’s lawful refusal to go on a business trip. However, the Labor Code of the Russian Federation does not name these reasons as such. These circumstances, like many others that prevent an employee from leaving his place of residence at the moment, are, rather, a moral and ethical basis for the employer, who, taking into account the circumstances, can send another employee on a business trip.
At the same time, refusal to go on a business trip, as well as other cases of failure to fulfill job duties, will not always be grounds for dismissal or other type of disciplinary action, because the employer in each specific case is obliged to take into account the circumstances in which the employee committed the violation.
In accordance with paragraph 35 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2, when considering the case of reinstatement of a person dismissed under paragraph 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, or on challenging a disciplinary sanction, it should be taken into account that failure by an employee without good reason is a failure to fulfill labor duties or improper performance through the fault of the employee of the labor duties assigned to him... The employer must provide evidence indicating not only that the employee committed a disciplinary offense , but also that when imposing a penalty, the severity of this act and the circumstances in which it was committed, as well as the previous behavior of the employee and his attitude to work were taken into account (clause 53).
S. filed a lawsuit to cancel the orders of disciplinary sanctions.
Satisfying the claims regarding the recognition as illegal of the order that imposed a disciplinary sanction on the plaintiff in the form of a reprimand for failure to comply with the order to send the plaintiff on a business trip, the court proceeded from the fact that direct participation in conducting audits is not part of S.’s job responsibilities; in addition, he due to health reasons, he cannot go on business trips to the region, since at any time he may require medical assistance at the hematology center... (Determination of the Novosibirsk Regional Court dated 08/05/2010 N 33-4532/2010).
More from judicial practice
In another case, the court found the following.
B. filed a lawsuit to cancel the order to impose a disciplinary sanction in the form of a reprimand. He indicated that by order he was dismissed from his position under clause 5 of Art. 81 Labor Code of the Russian Federation. However, by a court decision, he was reinstated at work, after which B. (again) submitted an application for regular annual leave to the director of the branch. The next leave was denied. Instead of the expected vacation, B. was ordered to go on a business trip. B. refused to go on a business trip, for which he received a disciplinary sanction in the form of a reprimand.
Satisfying the claims, the court came to the conclusion that the employer was notified in a timely manner about the valid reasons for non-execution of the order on a business trip, did not take B.’s application for the next leave into account and did not take it into account when imposing a disciplinary sanction on the plaintiff.
The employer also did not take into account the fact that B.’s leave had previously been agreed upon with the employer, but the plaintiff was unable to take advantage of it due to illegal dismissal from work. After being reinstated at work, the plaintiff exercised his right to leave, which he could not exercise at another time, which the defendant illegally denied to the plaintiff.
The defendant did not present to the court reliable and indisputable evidence demonstrating the proportionality of the applied disciplinary sanction in the form of a reprimand to the offense that, in the defendant’s opinion, was committed by the plaintiff.
In addition, the judicial panel took into account that the defendant did not provide the court with evidence confirming the employer’s compliance with the requirements of Art. Art. 166 - 168 of the Labor Code of the Russian Federation, including in terms of issuing a cash advance to the plaintiff, payment of travel expenses for travel and accommodation. These circumstances also indicate the impossibility of the plaintiff going on the above business trip for a long period of time (ruling of the St. Petersburg City Court dated July 19, 2012 No. 33-9663/2012).
Restrictions on sending on a business trip for a certain category of citizens are provided for in Art. Art. 203, , 268 of the Labor Code of the Russian Federation, as well as some norms of federal laws.
It is prohibited to send the following employees on business trips:
Also, the employer does not have the right to send an employee on a business trip during the period of his temporary incapacity for work. The employee's temporary incapacity for work is confirmed by a certificate of incapacity for work.
In practice, employers are often faced with a situation where production needs require an employee to go on a business trip. However, there are cases when an employee refuses to go on a business trip. Next, we will step by step examine whether an employee has the right to refuse to go on a business trip. And if so, in what cases.
What is considered a business trip?
In accordance with labor legislation, a business trip is a trip by an employee by order of the employer for a certain period of time in order to carry out an official assignment outside the place of permanent work.
Exception: travel of employees whose permanent work is carried out on the road or has a traveling nature. Such trips are not recognized as business trips.
Confirmation: art. 166 of the Labor Code of the Russian Federation.
As a general rule, labor legislation does not establish the obligation of the employer to ask the employee for consent to a business trip (whether it is a business trip in Russia or abroad).
However, for certain categories of workers, the provisions of the Labor Code of the Russian Federation establish restrictions for sending them on business trips.
Who can't be sent on a business trip?
You cannot go on a business trip:
A pregnant woman (Part 1 of Article 259 of the Labor Code of the Russian Federation);
An employee under the age of eighteen. Exceptions: creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, athletes. As well as other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. Confirmation: art. 268, part 3 art. 348.8 of the Labor Code of the Russian Federation;
An employee with whom an apprenticeship agreement has been concluded (during the period of its validity), if the business trip is not related to apprenticeship (Part 3 of Article 203 of the Labor Code of the Russian Federation);
A disabled employee, if this contradicts the individual rehabilitation program for a disabled person (Article 224 of the Labor Code of the Russian Federation, Part 1 of Article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”);
A registered candidate during the elections (clause 2 of article 41 of the Federal Law of June 12, 2002 No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation”).
At the same time, we note that for a foreign citizen temporarily staying or temporarily residing in Russia, as well as for a highly qualified specialist, there are restrictions on the duration of a business trip, which cannot be exceeded (clauses 1-3 of the Appendix to the Order of the Ministry of Health and Social Development of Russia dated July 28, 2010 No. 564n).
Which employees' consent must be asked before sending them on a business trip?
The following employees can be sent on a business trip only with their written consent (and if they refuse, they cannot be sent):
Women with children under three years of age (Part 2 of Article 259 of the Labor Code of the Russian Federation);
Mothers and fathers raising children under the age of five without a spouse (parts 2, 3 of Article 259 of the Labor Code of the Russian Federation);
Workers with disabled children (Parts 2, 3 of Article 259 of the Labor Code of the Russian Federation);
Workers caring for sick members of their families in accordance with a medical report (Parts 2, 3 of Article 259 of the Labor Code of the Russian Federation).
If the employer decides to send an employee of this category on a business trip, then in addition to their written consent, it is necessary that this is not prohibited to them in accordance with a medical certificate issued in the manner established by the legislation of the Russian Federation.
In this case, the above categories of employees must be informed in writing of their right to refuse to be sent on a business trip.
Confirmation: part 2, 3 art. 259 of the Labor Code of the Russian Federation.
It is also necessary to take into account that the above guarantees provided to women in connection with maternity (regarding sending on a business trip) also apply to fathers raising children without a mother, as well as to guardians (trustees) of minors. Confirmation: art. 264 of the Labor Code of the Russian Federation.
If an employee who can be sent on a business trip only with his written consent refuses to travel, then he cannot be forcibly sent on a business trip. Otherwise, the employer may be held administratively liable in accordance with Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation (paragraph 2, clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 No. 1).
How to correctly formalize the received consent for a business trip?
The legislation does not directly establish how exactly to formalize consent to a business trip and notification of the right to refuse a business trip (in relation to those employees from whom it is required). Therefore, written documentation can be done in any form.
Let us note that in practice, employers sometimes combine these notifications with an order (instruction) on sending them on a business trip, which contains, for example, the following words: “I agree to a business trip. I am aware of the right to refuse it. Date of. Signature". However, this method is not a safe option.
Therefore, in order to avoid labor disputes, it is advisable to issue a notice of the right to refuse a business trip in a separate document (in two copies, one of which must remain with the employer). This notice may contain, for example, the following wording:
“Dear ___(indicate the employee’s full name), due to production needs, we would like to send you on a business trip. We notify you that in accordance with the provisions of Part 2 of Art. 259 of the Labor Code of the Russian Federation, you have the right to refuse to be sent on a business trip for reason ___ (indicate the reason corresponding to the provisions of Part 2 of Article 259 of the Labor Code of the Russian Federation). Therefore, we ask you to make a note about your consent or disagreement to go on this business trip.” And below you can add the following: “I am aware in writing of my right to refuse this business trip on the basis of the provisions of Part 2 of Art. 259 of the Labor Code of the Russian Federation. Go on the specified business trip ___ (I agree, I disagree - choose the right one).”
Which employees can still be required to go on a business trip (even if they are against it)?
If the employee does not belong to the categories of employees named above (who cannot be sent on business trips or who can be sent only with their written consent), then the employer is not obliged to ask the employee’s consent to go on a business trip.
However, if such an employee refuses to go on a business trip, he must indicate his reason for refusal. And in this case, the employer has the right to decide whether to recognize the specified reason as valid or not.
In particular, reasons for which an employee has the right not to come to work are considered valid reasons. For example, illness, if an employee brings a certificate of incapacity for work (Article 183 of the Labor Code of the Russian Federation).
At the same time, an employee may have moral and ethical reasons to refuse a business trip (for example, an employee’s anniversary that falls during the business trip, the wedding of a daughter (son), the death of a loved one). However, the Labor Code of the Russian Federation does not mention such reasons as a reason for not being sent on a business trip. Therefore, in this case, the decision remains with the employer.
Let us note that an employee’s refusal to travel because such an obligation is not specified in his employment contract is unlawful. This is due to the fact that the condition of involving an employee on business trips is not a mandatory condition of the employment contract (Article 57 of the Labor Code of the Russian Federation). And the failure to include in the employment contract any of the legally established rights and obligations of the employee (employer) cannot be considered as a refusal to exercise these rights and fulfill these obligations.
What measures does the employer have the right to take in the event of an employee’s unjustified refusal to travel?
If an employee does not have valid reasons for refusing a business trip, but refuses to go on a business trip, then the employer has the right to apply the following measures.
Firstly, this can be regarded as a failure by the employee, through his fault, to fulfill his labor duties. And in relation to this offense, the employer has the right to apply disciplinary sanctions in accordance with the provisions of Art. 192, 193 of the Labor Code of the Russian Federation.
This position is also confirmed by judicial practice (for example, the Appeal ruling of the Tambov Regional Court dated June 18, 2012 in case No. 33-1549), which recognizes an employee’s unjustified refusal to travel as a disciplinary offense.
Disciplinary sanctions for this offense may include a reprimand or reprimand. The type of disciplinary action depends on how significant the negative consequences of the employee’s refusal to travel for the organization are. Dismissal for this offense is possible only if the employee has an outstanding disciplinary sanction. The law does not provide for dismissal for a one-time commission of such a disciplinary offense. Confirmation: art. 192, clause 5, part 1, art. 81 of the Labor Code of the Russian Federation.
Secondly, if an employee refuses a business trip without a good reason, the employer has the right not to pay such an employee a bonus (or pay it in a smaller amount). However, for this, the following very important conditions must be met: 1) if the organization has a local regulatory act that provides for the procedure for paying bonuses (for example, Regulations on remuneration, Regulations on bonuses for personnel); 2) and if this local regulatory act stipulates that one of the criteria for receiving a bonus is the employee’s compliance with labor discipline, internal labor regulations, and the absence of disciplinary sanctions in the period for which the bonus is paid. Confirmation: art. 129, 135 of the Labor Code of the Russian Federation, letter of the Federal Tax Service of Russia No. KE-4-3/5165 dated April 1, 2011.
Moreover, in this case, such a disciplinary offense as an unjustified refusal to travel must be documented (for example, by a memo from the employee’s immediate supervisor).
If the two conditions indicated above are not met, then it is unlawful not to pay the employee a bonus (or pay it in a smaller amount) for refusing a business trip. For this, the organization may be brought to administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. Since deprivation of a bonus or other monetary sanctions (withholdings) are not a disciplinary measure. Confirmation: art. 192 of the Labor Code of the Russian Federation, ruling of the Moscow City Court dated June 17, 2010 in case No. 33-18087, resolution of the Ninth Arbitration Court of Appeal dated July 24, 2006, July 28, 2006 No. 09AP-7824/2006 in case No. A40-25961/06-92- 189.
Arranging business trips for most accountants who also manage personnel records is quite routine. It would seem that the secondment procedure has been worked out, and there cannot be any difficulties here. But in practice, situations still arise when you have to rack your brains. This article provides answers to ten such questions.
The Labor Code defines a business trip as a trip by an employee by order of the employer for a certain period of time to fulfill an official assignment outside the place of permanent work (Article 166 of the Labor Code of the Russian Federation). As we can see, we are talking specifically about the place of work, and it is indicated in the employment contract (Article 57 of the Labor Code of the Russian Federation). As a rule, the employment contract specifies the name of the organization and its address as the place of work.
It turns out that sending an employee to perform a work assignment to another organization, even if located in the same city and even on the same street, can formally be a business trip. This conclusion is confirmed by the norm of paragraph 3 of the Regulations on Business Travel*. It clarifies that the place of permanent work is considered to be the location of the organization (structural unit), the work in which is stipulated by the employment contract.
Thus, if an employee will perform work in another organization in the same city, then he can be issued a business trip. In this case, there is no need to pay daily allowances, since the employee has the opportunity to return to his place of residence every day (clause 11 of the Business Travel Regulations). There is also no need to pay living expenses. Otherwise, the business trip in this case is processed in the usual manner. But here another difficulty may await the employer. And this is our second question.
This conclusion follows from Article 166 of the Labor Code. It states that business trips of employees whose permanent work involves traveling (couriers, direct sales employees, plumbers, electricians providing services to the public), or who are on the road (drivers, conductors, pilots, machinists, forwarders) are not recognized as business trips .
Accordingly, such employees do not need to issue a travel certificate for each trip and pay daily allowances. This rule works even if the trip is to another city and for several days (for example, in the case of freight forwarders).
In fact, in the Labor Code and in the Regulations on Business Travel, the issue of the minimum duration of a business trip is delicately avoided. Only paragraph 2 of the old, still Soviet Instructions on Business Travel** states that a travel certificate may not be issued if the employee must return from a business trip on the same day on which he was sent. It indirectly follows from this that the business trip can be one day. However, as already mentioned, later legislation (the Labor Code of the Russian Federation and the Regulations on Business Travel) does not contain such a clause. But these acts also do not contain a ban on one-day business trips.
From all this, only one conclusion can be drawn - one-day business trips are not prohibited, but it is better to prepare documents for them, as they say, in full (travel certificate and report). This will not be superfluous for tax purposes either. Please note that daily allowances for a one-day business trip are paid only when traveling abroad, and even then in the amount of 50 percent of the standard. For domestic Russian “one-day trips” they are not paid (clauses 11 and 20 of the Regulations on business trips).
The old Instructions on Business Travel contain a clear rule that the duration of a business trip cannot exceed 40 days, not counting the time spent on the road. The duration of the business trip for workers, managers and specialists sent to perform installation, commissioning and construction work could not exceed one year (clause 4 of the Business Travel Instructions). However, the Regulations on Business Travel (a later document) no longer contain such a restriction. Thus, paragraph 4 of the Regulations only says that the employer sets the duration of the business trip taking into account the volume, complexity and other features of the official assignment.
It turns out that the employer, if necessary, can send an employee on a business trip for more than 40 days. But the business trip still cannot be endless. After all, as we remember, a business trip, according to Article 166 of the Labor Code of the Russian Federation, is a trip by an employee to carry out an official assignment. Accordingly, the duration of the business trip is determined by the timing of the execution of this order, which is clearly recorded in the document drawn up when sending the employee - the travel certificate.
Thus, if the labor inspector discovers that the task has been completed, but the employee is still on a business trip, or that the task is formulated in such a way that its completion can take an indefinitely long time, then such a “business trip” may well be recognized as a transfer of the employee. In this case, the employer will face liability up to and including suspension of the company’s activities and disqualification of the manager (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). And if the tax inspector discovers this, then daily allowances and travel allowances may come under attack. In addition, if a business trip lasts more than one month, tax authorities may decide that the company has created.
This is due to the fact that, according to paragraph 4 of the Regulations on Business Travel, when determining the day of departure, it is necessary to take into account the time required to travel to the station, pier or airport, if these objects are located outside the boundaries of the populated area. Since airports are almost always located outside the city, the day of departure will be the day when the employee begins his movement towards the airport.
Please note that in this case the departure day will not coincide with the date indicated on the air ticket. Therefore, it is better to ask the employee to save and submit to the accounting department also the transport ticket with which he got to the airport.
Let’s assume that an employee at his main place of work works five days a week, but during a business trip he worked a six-day work week. Does he have the right to additional days off? The answer to this question is directly stated in paragraph 8 of the Instructions on Business Travel. It says that an employee on a business trip is subject to the working time and rest time regime of the enterprise (association, institution, organization) to which he is sent. This means that if a six-day workday is established at the place of business trip, then the employee is obliged to work on Saturday. And upon returning from a business trip, there is no need to provide him with additional days of rest in exchange for these working Saturdays.
Issues arising when paying seconded employees were discussed in the article."
This point is also directly regulated in regulatory documents. Thus, paragraph 25 of the Business Travel Regulations states that an employee who falls ill during a business trip is entitled to compensation and payment for the entire time until he is unable to perform work or return to his place of residence due to illness.
And paragraph 16 of the Instructions on Business Travel resolves the issue of extending a business trip during illness. Moreover, the solution is quite simple - sick days are simply not included in the travel period indicated on the travel certificate.
This issue has been resolved quite clearly today. Clause 7 of the Business Travel Regulations states: “based on the employer’s decision, the employee is issued a travel certificate, which determines the duration of his stay on a business trip, as well as establishing the date of arrival at the point(s) of destination and the date of departure from it (from them).” It follows from this that when sending an employee on a business trip, it is necessary to have the employer’s decision (the form of this decision is not specified, which means it can be either oral or non-unified), as well as a travel certificate drawn up according to the unified form No. T-10 (approved by resolution State Statistics Committee of the Russian Federation dated 01/05/04 No. 1).
Note that earlier there was confusion on this issue due to the fact that the legislation provided for variability in design. The employer could decide for himself which document to draw up: a business trip order or a travel certificate (clause 2 of the Business Travel Instructions). But this rule no longer applies, since it contradicts the Regulations on Business Travel (Article 423 of the Labor Code of the Russian Federation).
Labor legislation does not regulate what kind of transport an employee should use to get to the place of business trip. It is logical to assume that this choice is made by the employer, taking into account the relationship between cost and travel time, as well as the need to ensure the comfort and safety of the posted worker.
Thus, if the employer has agreed on the possibility of going on a business trip by personal transport (of which there is documentary evidence), then he will be obliged to reimburse the employee’s expenses associated with travel to the place of business trip and back. In addition, in this case, the employee is entitled for official purposes, the amount of which is determined by agreement of the parties to the employment contract (Article 188 of the Labor Code of the Russian Federation). The company will be able to take into account the amount of compensation in.
In a situation where an employee is late for the departure of transport that should take him to or from a business trip, the organization finds itself in a legal impasse. The fact is that Article 166 of the Labor Code of the Russian Federation obliges the employer to pay for the employee’s travel to the place of performance of the official task and back. Obliges without any exceptions or alternatives. This means that the employer has no right not to pay for the second ticket.
The employer cannot deduct the cost of an “overdue” ticket from an employee. Article 137 of the Labor Code of the Russian Federation prevents him from doing this. It contains an exhaustive list of situations when it is possible to withhold money from an employee’s salary. And this list says nothing about the possibility of retaining the cost of an unused ticket. Therefore, the employer can either reach an amicable agreement with the employee, or go to court with a claim to recover this amount from the employee. If an employee agrees to voluntarily deposit funds into the cash register to repay the damage caused to the company, then CCT will not be required, since there is no fact of sale of goods, work, or services.
* Regulations on the specifics of sending employees on business trips (approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).
** Instruction of the Ministry of Finance of the USSR, the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions dated 04/07/88 No. 62 “On official business trips within the USSR.” This Instruction is valid to the extent that it does not contradict the Labor Code of the Russian Federation and the Regulations on Business Travel.
The question of how to refuse a business trip interests almost the entire economically active part of the Russian population. In the context of Art. 166 of the Labor Code of the Russian Federation, business trips are understood as trips by employees on the basis of orders from the administration of organizations to territories located outside the areas of permanent work. Such trips are carried out for strictly defined periods in order to carry out official assignments.
Article 57 of the Labor Code of the Russian Federation does not require mandatory fixation in employment contracts of definitions on sending specialists on business trips. Thus, the opportunity to refuse a business trip is not included in the basic employment documents in all cases. In 60% of employment contracts, company administrations include a condition on the specialist’s consent to travel.
In the remaining 40% of contracts, any mention of this is ignored.
A loyal employer may be cooperative out of human motives.
Home/Business trip/Refusal Business trip is the sending of an employee of an organization to perform work duties in an area remote from the main place of work. Such trips are necessary for entrepreneurs to carry out activities to attract customers, organize cooperation with counterparties, search for new areas of development, purchase goods and arrange services. Attention During the business trip, the employee retains his position, workplace, and salary.
Attention
All expenses incurred during the trip (travel, food, accommodation, additional) are subject to reimbursement from the income of the employing organization. Labor Code of the Russian Federation The general procedure for sending employees on business trips is defined in Chapter 24 of the Labor Code of the Russian Federation. Additional aspects of measures to send workers to another location are determined by the internal regulations on business trips, labor and in the employee’s employment contract.
Info
Labor Code, which says that if some conditions are not included in the employment contract, this does not make their fulfillment optional. To another city First of all, the manager must remember that there are a number of employees whom the law directly prohibits from sending on business trips. Even if they themselves are not against it, and the business trip is supposed to be within the same locality.
For example, an emergency situation in the company, the solution of which is contained in the purpose of the trip; court proceedings to declare a company bankrupt if an employee is sent on a business trip to conclude new contracts with customers, etc. The job responsibilities of military personnel include the clause of strict business travel by order of the commanding officer. Any status of a citizen undergoing military public service assigns him a procedure for strict adherence to legislative acts in this area.
Consequences The Labor Code (Articles 192-193) provides for disciplinary measures for an employee’s unreasonable refusal to go on a business trip:
Additional information When imposing a punishment on an employee, the manager examines the weight of the arguments and assesses the resulting damage to the company.
Refusal to go on a business trip for family reasons At the same time, serious grounds for refusal to go on a business trip include such valid reasons as illness, consequences of accidents, and the presence of extraordinary family circumstances.
At the same time, the administration of organizations cannot send outside the place of residence only those specialists for whom special restrictions are established by law. For violations of labor discipline in the form of refusal to go on business trips, specialists are subject to disciplinary action. This is clearly indicated by Art. 192-193 of the Labor Code of the Russian Federation. In accordance with the definitions of labor legislation, it is necessary to recognize the refusal of the following groups of employees to go on business trips:
Important
It turns out that the only reason for using punishment in the form of dismissal under paragraphs. 5 or 6 hours 1 tbsp. 81 of the Labor Code is an unlawful refusal by an employee to go on a business trip. Or simply his non-appearance, if he had not previously expressed his position. In both cases, the employee commits a disciplinary offense: refusal to comply with the manager’s order or absenteeism.
In case of absenteeism, the basis for dismissal becomes clause 6, part 1, art. 81. For this, a single violation, which is considered gross, is sufficient. The employee is not required to already have a valid citation.
Absenteeism in itself is a fairly serious offense, which may be followed by the most serious of disciplinary sanctions - dismissal. Of course, subject to compliance with Art. 193 Labor Code of the order.
Satisfying the claims regarding the recognition as illegal of the order that imposed a disciplinary sanction on the plaintiff in the form of a reprimand for failure to comply with the order to send the plaintiff on a business trip, the court proceeded from the fact that direct participation in conducting audits is not part of S.’s job responsibilities; in addition, he due to health reasons, he cannot go on business trips to the region, since at any moment he may require medical assistance at the hematology center... (Determination of the Novosibirsk Regional Court dated 05.08.2010 N 33-4532/2010) More from judicial practice In another case, the court found following. B. filed a lawsuit to cancel the order to impose a disciplinary sanction in the form of a reprimand. He indicated that by order he was dismissed from his position under clause.
5 tbsp. 81 Labor Code of the Russian Federation. However, by a court decision he was reinstated at work, after which (re)B.
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