It is difficult to imagine today an enterprise that from time to time, and sometimes regularly, due to the specifics of its activities, does not send its representatives to solve production problems, expand the scope of its activities, train, or simply to exchange experience to other regions of Russia or even countries of the world.
Business trips, formalized in writing by the head of the organization to achieve set goals and a period presumably sufficient for their implementation to an area remote from the main location of the enterprise where a person works under an employment contract, are defined by labor legislation as business trips.
Both the employer sending an employee on a trip and the employee himself have questions about the deadlines within which the employee can be sent.
The manager is interested in what the law has to say about this from the point of view of the legal framework.
For a person sent on a business trip, this fact is also important, since he has to live away from home and family.
The generation that entered working life back in the days of the Soviet Union, which still continues to work today, remembers well that on the basis of Instruction No. 62 adopted by several departments of the USSR on April 07, 1988, a maximum period of business trip within the Union republics was provided for - 40 days.
However, the time spent on the trip was not taken into account during this period.
Employees involved in commissioning, construction and installation work could be sent on business trips for a period of no more than one year (clause 4 of Instruction No. 62).
Based on the instructions of the regulatory agencies, it was recommended to adhere to these deadlines even in cases where employees were sent on business trips abroad.
Many employers continue to take these standards into account, which, in principle, does not contradict current legislation.
Thus, the maximum period of business travel according to the Labor Code of the Russian Federation 2020 is not mentioned at all in Chapter 24.
In addition, starting from 2008, the rules adopted in Resolution No. 749, approved on October 13, 2008, with subsequent amendments to it, have been in force.
Paragraph 4 of the Regulations on the specifics of sending employees on business trips, adopted by Resolution No. 749, emphasizes that the duration of an employee’s business trip is determined by the head of the enterprise, taking into account the volume, complexity and other features of the official assignment, without specifying specific limits.
How long is a business trip?
According to Art. 166 of the Labor Code of the Russian Federation, a business trip is a trip to carry out orders from the management of an enterprise, therefore, as soon as the event determined for the purpose occurs, it must end.
Paragraph 4 of Regulation No. 749 provides an explanation that the day of departure and return from a business trip to the location of permanent work is included in the period of a business trip.
Moreover, if the vehicle in which the posted employee gets to his destination departs from his location within 24 hours inclusive, this day is considered the day of departure.
In the case when the departure time of transport, according to boarding tickets, is from 0.00 o’clock, the next day is considered the day of departure.
According to the amendments made to Regulation No. 749, adopted by Resolution No. 1595 and which came into force in January 2020, regardless of what the maximum and minimum travel periods are, issuing a written order is sufficient to formalize sending an employee on a business trip.
In addition to the specified purposes of the business trip, the order approximately indicates the duration of its validity, depending on how much time may be needed to implement them.
It is important to understand that the actual maximum and minimum travel dates can be changed due to a number of prevailing circumstances.
For example, when setting up the “Customer’s” equipment, a seconded employee performed work on a day off and completed the tasks ahead of the deadline specified in the order.
In the event of illness of an employee sent to carry out an official assignment, or an unforeseen delay in travel (for example, due to weather conditions, the departure of an airplane was delayed), the period of business trip will actually be extended, which should also be documented in an additionally issued order.
Duration of business trip
Any dispatch of an employee to carry out an official assignment within the country or abroad, in accordance with the laws of Russia, must be properly formalized and agreed upon with the employee himself. Back in Soviet times, the law approved a limit on the travel period, which was no more than 40 days, and for certain specialties (builders, installers) a long-term business trip lasting up to a year was stipulated.
Today the Labor Code does not limit the number of travel days. Even before it begins, the deadlines are adjusted by the employer depending on the volume of work and its complexity (PP 749).
The beginning of the business trip period should be considered the day of departure, and the date of arrival is regarded as its end. If transport is delayed en route, the business trip will be extended by this time. This period also includes holidays and weekends, which are paid at a double rate.
If the amount of payment is not increased by the employer, then an additional day off must be issued for the employee.
There are employers who determine the duration of the trip based on travel documents. If you use your own transport, the employee must provide a memo.
If tickets are not available, you can use documents from the hotel or rental agreement. When registering for a trip abroad, the documents are translated into Russian.
Maximum term
The duration of the business trip is determined by the employer in consultation with the employee. To determine the period, take into account:
- The degree of complexity of the tasks performed.
- Specifics of tasks.
- Travel distance.
- Scope of proposed work.
The maximum duration of a business trip under the Labor Code of the Russian Federation is unlimited. Depends on the feasibility, difficulty and distance of the trip.
The business trip period also cannot last indefinitely. If an employee has fulfilled all the instructions of management, but continues to work at the enterprise where he was sent, then we can say that he has been transferred to that organization (Article 72 of the Labor Code of the Russian Federation).
The maximum period for which a business trip can be arranged
Having carefully studied the regulatory framework that was fundamental in 2017 for registering a business trip, which is considered a business trip, we note the main requirements:
- the presence of a written order from the manager, defining: the purpose of separating the employee from the main workplace and sending him to another area;
- deadlines sufficient to complete the assigned task;
The manager determines the period for which the employee goes on a business trip.
The maximum duration of a business trip within the Russian Federation, as well as outside the Motherland, is currently not limited.
You need to understand that a business trip cannot continue indefinitely and must be completed with the fulfillment of the employer’s instructions, otherwise it may be regarded as a transfer of the employee to another organization (Article 72.1 of the Labor Code of the Russian Federation).
Maximum period of business trip according to the law of the Russian Federation
The duration of a business trip is set by the employer
Russian legislation does not contain precise instructions on the duration of work trips, but there is indirect evidence, primarily that the duration of the business trip is set by the employer. The dates of the trip must be clearly indicated by the head of the company; accordingly, the business trip cannot be unlimited - there is a direct indication of this in the Labor Code of the Russian Federation.
According to the provisions of the Government of the Russian Federation No. 749, employees of enterprises, by decision of the manager, can be sent on a long or one-day business trip. There are rules for calculating payments for this period, and maximum periods are established in additional legal acts and requirements, including in the internal acts of individual enterprises.
All days when a person is on a trip are considered business trips, even if during this period there are weekends and holidays. In addition, such days must be paid double. It is also possible to shorten or extend the trip after the head issues the relevant Order.
So, despite the fact that the law does not establish the exact duration of a business trip and its duration, when choosing the start and end date of the trip, several points must be taken into account:
- the amount of work to be done;
- place of arrival – Russia or foreign countries;
- complexity of the work;
- features of the execution of the order, the specifics of the company’s activities.
In most companies, internal regulations establish a maximum period of business travel - up to 40 days. But if necessary, it can be increased up to 1 year with the consent of the employee.
How to make changes to the duration of a booked business trip
In life, it is impossible to predict how events will unfold.
It happens that having sent an employee on a business trip, the need to achieve its goal simply disappears, or the employee completed the assigned task ahead of schedule.
The manager needs to recall the employee from a business trip.
It is logical that for this purpose an appropriate order is created, adjusting the timing of the business trip with justification of the reasons for their change.
Moreover, neither in the Labor Code, nor in Regulation No. 749, the legislator does not focus attention on this point and does not provide certain requirements for the preparation of documentation, unified forms.
Therefore, the employer has the right to issue a written order in any form or developed for such situations in the organization.
You can inform the posted worker that the period of his stay on official assignment has been changed by all available means: in a telephone conversation, sending a scanned copy of the order by e-mail, and others.
Upon return, the employee must personally familiarize himself with the original order.
How many days should a business trip not exceed?
The Labor Code of the Russian Federation does not specify the maximum duration of an employee’s business trip.
However, the period must be clearly defined by employers, i.e. the business trip cannot be unlimited. This is provided for by labor rules from the Labor Code of the Russian Federation. Before sending an employee on a business trip, you need to prepare a corresponding order. The document must be signed by the head of the organization or an employee authorized by him (for example, a deputy). This order usually records the exact duration of the business trip.
The travel certificate, official assignment and business trip log have been cancelled, they do not need to be issued (Letter of the Federal Tax Service dated November 24, 2015 N SD-4-3/20427).
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The duration of an employee's business trip is determined by the employer. The time is affected by the nature of the enterprise, the remoteness of the settlement, and the complexity of the actual work.
The specifics of the trip may be adjusted in the job assignment. When studying it, the employee understands the purpose of the trip and agrees with the boss on how to achieve it.
There are no legal regulations regulating business travel time.
In Soviet labor law, Order No. 62 was in effect, which established the maximum period of business travel at 40 days. Construction and installation workers could be away for no more than a year.
Before the trip, the employer must agree on the timing of the trip with the employee. But they can be adjusted depending on the volume of work and the complexity of its implementation.
What to do if you need to extend your business trip?
If the fulfillment of a task received when sent on a trip requires the presence of a specialist for more than the established period, for example, for technical reasons, or the person fell ill and could not do work for several days, by analogy with a recall from a business trip ahead of schedule, an order to extend the business trip may be issued.
The employee will also be familiarized with his signature after his arrival at the main workplace.
The only nuance that is important not to forget is that if the posted employee belongs to the category of persons who have certain guarantees and benefits that require the employee’s consent to perform official duties outside his main workplace, associated with traveling to another location for a certain period of time, consent to extend the business trip must be get again.
By prior means, for example, by telephone, the person must agree to stay late to complete the assigned work.
Such employees include:
- employees with children under three years of age;
- parents of children under five years of age raising without the help of a second spouse;
- persons who have a dependent child recognized as disabled;
- workers caring for incapacitated relatives, according to a medical report on the need for outside care;
- working disabled people.
Duration of business trips and their payment in accordance with the norms of the Labor Code of the Russian Federation
The type of payments that will need to be given to the employee will depend on which letter appears on the time sheet - “K” or “B”. In the first case, travel allowances are paid, and in the second, sick leave.
An Information Worker cannot be on a business trip and on sick leave at the same time. We can give two examples of situations:
- The employee fell ill before the start of a business trip, and the order to be sent on a business trip had already been issued.
An employee on sick leave cannot be forced to go on a business trip, but he can go on it of his own free will. However, if an employee closes his sick leave before a business trip, then its days will be marked in the time sheet with the letter code “K”.
An employee fell ill while on a business trip.
In this case, the days of his sick leave are marked with code “B”.
Advance issued for travel expenses when the timing of a business trip changes
According to Art. 168 of the Labor Code of the Russian Federation, the employer pays all material costs associated with the business trip.
Clause 10 of Regulation No. 749 provides for the issuance of an advance to pay for travel to the place of business trip and return home, for the rental of living quarters, and daily expenses associated with being away from a permanent place of residence.
It is clear that when returning from a trip ahead of schedule, there must be money left over for a longer period of stay and daily expenses, which, together with the submission of an advance report, must be deposited into the company's cash desk or returned to the current account.
At the request of the employee, the excess funds paid can be recovered from his salary.
If an employee completed a production task on time, but due to his personal affairs was delayed in the city (country) and returned later than the established deadline, he will not be compensated for these days in the amount of accommodation and daily expenses, and payment for travel on the return trip will also become unreasonable.
In the event that a business trip takes longer than planned, due to an unforeseen stop along the way or the additional time required to complete the task, the person must be compensated for additional expenses.
Moreover, in case of extension of the business trip, an advance payment for daily expenses and accommodation during the estimated period can be sent by postal order or transferred to the employee’s bank account.
Common mistakes
Error: The employer, when calculating the duration of a business trip, did not take into account weekends.
Comment: Weekends are necessarily taken into account in the duration of a business trip. Even if an employee does not work on a day off, he is entitled to be paid a daily allowance.
Error: The employer set the duration of the business trip to 1 year, since this is the maximum period for which the law allows a construction worker to be sent on a business trip.
Comment: Current legislation does not establish a maximum duration of a business trip - it can be any, depending on the complexity of the tasks assigned to the employee.
How is a day off on a business trip paid?
If an employee is forced, in order to get to the destination of a business trip, to travel on his scheduled day off or a non-working day by law (holiday), first of all, his consent must be obtained in accordance with the norms of labor legislation.
Clause 4 of Regulation No. 749 establishes that the days of departure and return from a business trip are included in the period of a business trip, that is, all expenses (accommodation, daily allowance) must be compensated.
Based on clause 5 of Regulation No. 749, remuneration for work on a business trip if an employee is involved in work on weekends or holidays is made in accordance with the Labor Code of the Russian Federation.
Art. 153 of the Labor Code of the Russian Federation obliges the employer to pay for work on weekends at twice the normal daily rate, regardless of the remuneration system in force in the organization, or to provide the employee with a day to rest at another time.
What is a business trip
A business trip is the sending of one or more employees for some time to perform production tasks in another department. The head of the enterprise has the right to send an employee on a business trip by his own order, an order to send an employee, on the basis of which the departing employee is issued the necessary documents and funds.
The definition of the concept of a business trip is given in Article 166 of the Labor Code of the Russian Federation
Question No. 3
How to pay an employee if he went on a business trip after the end of his working day, but during the same day?
Is it possible to pay for days actually worked? The duration of the business trip is determined by the employer, taking into account the volume, complexity and other features of the official assignment.
The actual duration of an employee’s stay on a business trip is determined by travel documents presented by the employee upon returning from a business trip, and in their absence, on the basis of documents for the rental of residential premises or other documents confirming the conclusion of an agreement for the provision of hotel services at the place of business trip. Or the employee submits a memo and (or) other document about the actual duration of the employee’s stay on a business trip, containing confirmation of the party receiving the employee (organization or official) about the date of arrival (departure) of the employee to the place of business trip (from the place of business trip).
