Performing work functions outside the main place of work is a fairly common occurrence. This type of activity is called business travel. The employer is obliged to comply with the legislation on business trips: correctly formalize the assignment of an employee to work in another area, maintain his average earnings, and also compensate for all related expenses.
Let's take a closer look at how this happens in practice and what pitfalls arise for the employer and the worker.
Regulation in the Labor Code of the Russian Federation
Labor legislation (Article 166 of the Labor Code of the Russian Federation) provides a clear definition of what should be considered business trips. These are trips carried out on behalf of the employer for a certain period of time (usually a day or more) to perform work functions outside the aspen place of work.
At the same time, the legislator determined that trips of employees who have a traveling or mobile nature of work (for example, drivers, carriage conductors, traveling cashiers) should not be considered business trips.
The general rules for registration and compensation of travel expenses are outlined in government decree No. 749 of October 13, 2008. Among the basic points that should be remembered are the following:
- The size of the maximum tax-free travel allowance is established by law. Everything above is taxed according to the general rules;
- the employer is obliged to determine in an internal local document the procedure for sending employees on business trips, as well as confirmation of the expenses incurred;
- days of departure, arrival, travel, type of transport, associated costs and their maximum amounts are determined by the company’s local document;
- expenses incurred must be documented;
- the duration of the business trip is set by the employer in agreement with the worker;
- The law establishes a list of persons who are prohibited from being sent on business trips, even with their consent (pregnant women, minors, disabled people).
Remember, the general rules for sending on a business trip are regulated by legislative regulations. The specifics of each specific company should be displayed in local documents.
Returning from a trip. Business trip memo: sample 2020
Since 2015, one more document has ceased to be used - a business trip report. Although this does not mean that an employee returning from a business trip will not have to report for the work done on the business trip. You will still have to issue the document at the end of your business trip, just in a different form and under a different name.
IMPORTANT! In accordance with clause 7 of Regulation No. 749, confirmation of the length of stay on a business trip and other nuances of the business trip can be a memo issued by the employee about the business trip. The 2020 sample is not normatively established for it, and the employer can develop it independently. At the same time, he has the right either to provide for all seconded employees, without exception, the obligation to draw up such a memo, or to reflect in the regulations on business trips certain cases of its execution (for example, a business trip on personal transport or the absence of travel cards and other documents confirming the duration of the business trip).
In addition to the memo, the employee returning from a trip will have to draw up a document that is mandatory for everyone - an advance report. A company can develop its own form for such a report or use the unified form AO-1.
For rules for filling out Form AO-1, see here .
To prepare an advance report and final payment for the travel payment issued in advance, 3 working days are given after returning from a business trip (clause 26 of Regulation No. 749). The report is accompanied by documents confirming all expenses incurred during the trip (accommodation, travel and other travel expenses).
What is a business trip
Now let’s try to understand in a little more detail what should be considered a business trip. The legislator defined this as being away from one’s main workplace for a certain period of time. Some conclusions can be drawn from this:
- the performance of work functions during a business trip must be carried out outside the main place of work, where the employee does not have the opportunity to quickly reach;
- such work requires at least one working day. But not on a permanent basis;
- usually requires transportation, organization of temporary accommodation, the need to eat, organize a temporary life for oneself;
- You need a written order from the employer justifying the reasons for sending you on a business trip;
- the beginning of a business trip is considered the day of departure (determined by train, bus, plane ticket, and the date of the driver’s waybill). End date – day of arrival, confirmed by similar documents;
- For the entire period of the business trip, the worker retains his position, as well as his workplace. They do not have the right to dismiss an employee who is on a business trip until it ends;
- obligations to perform labor functions at the main place of work during the business trip are suspended. Usually this work (if it is urgent) is distributed among other employees.
Remember, the essence of a business trip is the need to do work in another city, area, or at another enterprise. A written order from the employer for this type of activity is mandatory.
How to pack for a trip: packing list
In any case, you will need things in the following categories:
- documentation;
- money;
- hygiene supplies;
- clothing and shoes;
- electronics (smartphone, laptop, etc.);
- medications.
On a business trip, people usually take a suitcase, bag or large backpack with them. It is important that it looks neat, is spacious enough, but not bulky.
IMPORTANT! The reliability and strength of the suitcase is of particular importance. It will be a shame and unpleasant if it breaks right in the waiting room.
Types of business trips
Business trips can be very different. It all depends on the complexity of the task being performed, as well as the goal to which you should strive. Therefore, the following types of business trips are distinguished:
- By time spent outside the parent enterprise . This classification includes long and short-term trips. As a rule, a business trip that does not exceed 5 working days (a standard week) is considered short-term. In this case, there is no need to capture the employee’s legal days off and provide for the need to compensate them. Long-term business trips start from two weeks or more. In some cases, being away from the main enterprise can last up to six months. For law enforcement officers, this period may be even longer.
- By the number of employees sent . Here it is worth highlighting single (when one specialist is sent to solve a problem) or group (if you need to send two or more employees) business trips. Depends on the complexity of the problem being solved, as well as the need to involve specialists of various profiles.
- According to the planning method . The company can plan trips for the entire reporting period (quarter, half-year, year). Surveying your remote branches and divisions, seasonal assistance, and other predictable factors allow you to provide for future expenses in a balanced manner. This is a planned business trip. But if unusual situations arise and it is necessary to send employees unscheduled (for example, to eliminate an emergency), then the business trip is considered unscheduled.
Remember, the classification of business trips is very conditional. It is usually used in the process of forecasting possible expenses for such trips and displaying them in accounting.
What's the best way to fold things?
So, you've made a list of things to pack for a business trip. Then they looked at the suitcase. And the question immediately arose - how to put it all there?
Here are some useful tips:
- Place your clothes in bags. For example, one bag is for shirts, the second is for underwear and socks, the third is for trousers, etc. This will help, firstly, to sort things. Secondly, protect them from getting wet if something in the suitcase suddenly spills or moisture from the rain seeps into it.
- Place hygiene and bath items in transparent cosmetic bags.
BY THE WAY! If you are leaving for a short time, it is recommended to buy small tubes of shampoo, shower gel, shaving foam, etc. Or buy a travel kit with small bottles and pour your products into them. This will save space in your travel bag or suitcase.
- Documents and money should be carried in hand luggage. Place your documents in a special organizer. This way you won’t lose anything and will easily find your passport, tickets, etc. at the right time. Money can be divided between the organizer and wallet to reduce the risk of loss or theft.
- The first aid kit should be in a separate cosmetic bag or organizer. Moreover, it is better to collect it in advance. This is convenient, because you don’t have to fuss on the last day and run around pharmacies looking for the right medicine. The assembled first aid kit can be taken on new trips: not only on a business trip, but also on vacation.
How to draw up a regulation on business trips
At the legislative level, basic provisions are defined that an employer must follow in the process of arranging business trips for its employees. In practice, there are many features and nuances. To honor them, it is necessary to develop a local document on how registration, confirmation, accounting, and payment of travel expenses will be carried out. Some organizational aspects should also be reflected here.
The procedure for sending an employee on a business trip
Now that the company has developed local Regulations, it is advisable to familiarize yourself with how business trips are processed in practice.
Typically, the basis for a business trip is:
- Memorandum from the head of the department. This may be your own initiative, or the need to inform about some event or fact, where the help of a competent specialist who is not in this department is required to eliminate the problem.
- The company's work plan for business trips (inspections, visits). Typically approved at the beginning of the financial year.
- Invitation (letter asking for help) from the receiving party. Participation in various seminars, meetings, the need to help solve a problematic issue, or eliminate an emergency (emergency) situation.
Before you start filling out an order, you need to make sure that the worker is at work, is not sick, and has not taken leave for this period. It is also clarified whether the employer has the right to send him on a business trip (it is prohibited to send pregnant women, disabled people, and minors on business trips). Sending young single mothers with minor children and mothers with children under 3 years of age on a business trip can be carried out only with their consent.
Is it possible to refuse
Business travel is part of the company’s technological process. An employee is sent to perform this type of work by order of the employer. Unreasonable refusal to travel may be regarded as a violation of labor discipline with ensuing disciplinary consequences.
But here it is worth highlighting some nuances. In particular, at the legislative level, a list of persons who are prohibited from being sent on long trips outside the main workplace has been established. This:
- minor workers (under 18 years of age);
- pregnant women (who have officially notified their employer of their situation and provided the appropriate medical document);
- disabled people (1st and 2nd disability groups);
- apprentices (employed at the enterprise under an apprenticeship agreement).
In addition, there is a category of persons who can be sent on business only with their consent. This included:
- mothers whose babies are under 3 years old;
- single parents with minor children;
- raising disabled children;
- caring for a sick relative based on a medical certificate;
- guardians of minors.
Among the valid reasons for refusing business trips for other workers are the following:
- Disease. This could be being on sick leave, or some kind of chronic disease associated with traveling to another area, or being in harmful or dangerous conditions.
- Accident.
- Family circumstances. This category includes a wedding, a funeral, the need to eliminate domestic problems (a broken water pipe in the house).
Remember, groundless refusal to travel is fraught with disciplinary action. Therefore, it is necessary to have a valid reason why you cannot leave your main workplace.
