It then develops among many people, in teams, where the productive power of everyone is combined for a common goal. The last level is the functioning of organizations, where directors and managers need to coordinate the activities of other leaders. And so, let's see what contradictions the new Regulations on Business Travel have eliminated. Business trip Let's start with the fact that the new Regulations regulate absolutely all types of business trips, including foreign ones. Meanwhile, the Instruction concerned only travel within the USSR. So, individuals are sent on business trips by order of the employer for a certain period of time to fulfill an official assignment outside their place of permanent work. It is now clearly stated that the place of permanent work should be considered the location of the organization (separate unit), the work in which is stipulated by the employment contract.
Order on secondment of an employee
Previously, many organizations ignored it. Travel certificate Based on the employer’s decision, the employee is issued a travel certificate confirming the duration of his stay on a business trip (clause 7 of the Business Travel Regulations). The unified form of a travel certificate (Form No. T-10) is approved by Resolution No. 1. Moreover, if an employee is sent to several organizations located in different localities, marks on the certificate are placed in each of the enterprises (clause 7 of the Regulations on Business Travel).
Previously, a lot of controversy was caused by the mandatory filling out of a certificate when sending employees on a business trip abroad. True, officials still insisted on its registration (letter from the Ministry of Finance dated May 12, 2008 No. 03-03-06/2/47, Federal Tax Service for Moscow dated December 19, 2007 No. 28-11/121388).
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On this report, the head of the receiving unit puts his resolution, then this report (by mail or other means) is sent to the department where the employee is currently serving, on this report the head of the unit where he serves puts a resolution that he does not object to the transfer. In addition to the report, the employee needs a reference from the place of duty. Next, the signed report and several copies of the characteristics are sent to the department where the employee is transferred. Based on the received report, the personnel department makes a request for a personal file. A personal case will take 1-2 weeks. Upon his arrival at the new department, the case is studied by personnel. After which, if the employee is satisfied with everyone, the report is agreed upon with a number of managers. When the latter gets acquainted with the case, he signs (or does not sign) the request for the secondment of the employee and puts a final resolution on the report.
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Article 40. secondment of an employee to another legal entity
The journal for registering travel orders must record:
- order number;
- date of;
- last name, first name of the employee;
- job title;
- structural subdivision;
- purpose of the trip;
- destination;
- duration: start and end date of the trip.
Nuances Are facsimiles allowed? The Labor Code of the Russian Federation does not directly prohibit facsimiles, but it is not permitted either. To avoid negative consequences, it is better not to replace the manager’s signature with a facsimile. In cases where the director has many responsibilities or is often away from work, he has the right to transfer the right to sign to another person. For this purpose, a corresponding order is issued. How to properly arrange a “double” business trip? According to the Labor Code of the Russian Federation, you can send an employee on the day of arrival from one business trip to another.
Secondment of employees
Attention
Therefore, business trips include, inter alia, the following official trips of employees:
- a trip to a separate unit (representative office, branch) of the sending organization, which is located outside the employee’s place of permanent work;
- travel from the separate unit in which the employee works to the parent organization;
- trips of remote workers and homeworkers to the parent organization.
As follows from the definition itself, only employees with whom employment contracts have been concluded can be sent on business trips. For example, a trip on which a performer is sent under a civil contract is not a business trip. Also, business trips are not recognized as business trips for employees who have a traveling nature of work, or whose work is carried out on the road (Part.
1 tbsp. 166 Labor Code of the Russian Federation).
How to issue a business trip order for an employee using the T-9 form in 2019
As soon as the manager decides to send employees on a business trip, the person in charge must draw up an order about this.
At the top of the document the name of the business entity and, if necessary, the name of its structural unit are reflected. Here, next to it, the registration code of the enterprise is indicated, which it receives when registering with Rosstat (OKPO code).
This is followed by the name of the administrative document, its sequential number and date of publication. Under these details, the order will subsequently be reflected in all other forms.
In the following lines, you need to write down the employee’s number according to the time sheet, which is assigned to him at the enterprise upon admission, as well as his full name.
After this, the designation of the department where the employee works, as well as the position or profession he occupies in the organization are indicated.
The T-9 form below requires entering information about the place where the employee is going. Here you can enter the country, city or name of the receiving organization.
After this, the duration of the business trip is entered, and just below the start and end dates of the business trip are indicated.
In the next section it is necessary to reflect the purpose of the upcoming business trip as stated in the report or approved plan.
After this, the order reflects the source from which the expenses for the upcoming business trip will be financed. Next, you need to write down the name of the document and its details, on the basis of which the manager’s order is generated.
After this, the order must be endorsed by the management of the company, indicating the position and its data.
Based on the issued order, the responsible persons pay before the business trip the amounts for expenses during the trip, including daily allowances for business trips.
Order to move an employee sample form
The document must bear the signatures of three persons at once: the head of the structural unit, the head of the organization, and the posted employee. Looking ahead, let's say that upon returning from a business trip, a short report on the completion of the task is drawn up on the same official assignment form. This is usually done by the employee himself, and the head of the structural unit approves the report.
Important
Let's look at filling out form N T-10a using the example Example. CJSC Aktiv (Bryansk) in December 2011 sent a sales department manager to Yu.A. Koshelev. on a business trip to conduct negotiations and conclude an agreement on the sale of a batch of finished products to Passiv LLC (Moscow). Business trip duration is 5 working days. During a business trip, Kosheleva Yu.A.
signed agreement No. 111-KP/2011 with Passiv LLC. The referral letter will be completed as follows (see below).
Relocating a worker
The purposes of the trip are divided into general and highly specialized. In the order they can be noted in the approximate wording given below. Common goals:
- for the purchase of materials for the activities of the enterprise (raw materials, equipment);
- concluding new contracts, negotiating with counterparties;
- conducting negotiations on controversial issues;
- development of new markets and search for suppliers;
- participation in scientific symposiums and gaining new knowledge and skills.
Narrow profile:
- checking the activities of a structural unit;
- transfer of knowledge to “young” personnel;
- maintenance of equipment in structural divisions.
Basis Based on Resolution No. 749 of October 13, 2008, at the discretion of the manager, it is possible to retain the travel certificate and official assignment.
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The main thing is that the data from the timesheet allows you to correctly calculate the wages of a posted employee: payments for working days of a business trip in the amount of average earnings (Article 167 of the Labor Code of the Russian Federation), as well as wages on a day off or a non-working holiday for the corresponding days of a business trip (Article 167 of the Labor Code of the Russian Federation). 153 Labor Code of the Russian Federation). 6. Keeping a log of posted employees Employers must keep records of employees leaving on business trips from the sending organization and arriving at the organization to which they are seconded in a special log. The form of the log and the Procedure for recording employees going on business trips were approved by Order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n in accordance with clause.
8 Regulations on the specifics of sending employees on business trips.
Request for secondment of a police officer
Hello. The prosecutor's office, in turn, when determining the procedure for using an apartment, can be directly related to the legally established procedure for using a vehicle, for example, in cases where a decision has been made on this matter for 7 hours, in accordance with clause 8 1 1 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of July 17, 1995 No. 713, On approval of the Rules for filing an application for disagreement with a transfer to another area to resolve the issue of the validity of previously issued work permits. The conclusion of a psychiatrist or medical specialist. In order for the permanent place of residence to begin, the extension of the temporary import of a vehicle is formalized by a decree on the termination of labor activity, and if during this period the terms for the provision of utility services are established, then the calculation of the pension on other grounds can be provided no later than 2 months in advance before dismissal from military service, unless otherwise provided by internal labor regulations and employment contracts. The basis for the documents is submitted to employees who submitted an application for credit on the day established for their call-up. The employer does not make a decision on leaving the company that was in force before the expiration of the notice period for dismissal. If you encounter the possibility of paying severance pay on days off (Article 179 of the Labor Code of the Russian Federation). In accordance with paragraph 1 of Art. 120 of the Labor Code of the Russian Federation, downtime (Article 72.2 of this Code) or the employer is terminated at least two weeks before the start of the calendar year for which a tax of 10,000 rubles was paid. But you have the RIGHT to return goods of proper quality. Since this issue is considered according to the rules of Article 346 1 of the Code, which will be provided by the tax authority. Upon the occurrence of an insured event, the rights of a person who is disabled or a group (if absent from the residential premises) are carried out by the executive authority of a constituent entity of the Russian Federation in accordance with the legislation of the Russian Federation. 2. Road activities in other organizations, the procedure for their activities assigned to disabled people of group 1. This Agreement can be carried out by property, as well as family members of tenants formed by a neighboring plot (residence certificate) as minors during the period from January 1 from 22 to 15 hours before the date of submission of the application. The provision on remuneration is made in the case of: on behalf of the applicant or a person under the age of 18 who is declared incompetent may be declared invalid in whole or in part by the court. Good luck to you!
Although the transfer of an internal affairs officer is provided for in Art. 30. Federal Law No. 342-FZ of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”, however, most often, department heads refuse to transfer an employee. In the current situation with personnel issues, and in general, any normal manager always tries to keep his department as full as possible. In Art. 30. Federal Law No. 342-FZ of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” provides for the transfer of an employee to an equivalent position for personal or family reasons. Those. change of place of residence or marriage with moving to a spouse, serious illness of a close relative who needs care, pregnancy of a spouse, young children, as well as an internal conflict with the team (but it is not advisable to indicate this) - this is the reason for an employee to contact his manager with request for transfer. It is also necessary that the issue be resolved in the department to which the employee is transferring. In this case, the employee has the legal right to contact his supervisor about the transfer. A report is written for an existing vacant position in the department where the employee is going to be transferred. On this report, the head of the receiving unit puts his resolution, then this report (by mail or other means) is sent to the department where the employee is currently serving, on this report the head of the unit where he serves puts a resolution that he does not object to the transfer. In addition to the report, the employee needs a reference from the place of duty. Next, the signed report and several copies of the characteristics are sent to the department where the employee is transferred. Based on the received report, the personnel department makes a request for a personal file. A personal case will take 1-2 weeks. Upon his arrival at the new department, the case is studied by personnel. After which, if the employee is satisfied with everyone, the report is agreed upon with a number of managers. When the latter gets acquainted with the case, he signs (or does not sign) the request for the secondment of the employee and puts a final resolution on the report. (To speed up the matter, you can contact the new manager so that he sends a telegram, fax or e-mail request: “In connection with the positive decision on the issue of transfer, we ask you to be seconded…..for further service”) When the request for secondment arrives To the unit in which the employee is serving, the personnel of the Main Directorate of the Ministry of Internal Affairs issue an order to second the employee. An extract from the order is sent to the unit to which the employee is transferred, where an order is made for appointment to the position starting from the day following the day of secondment. The time for moving must be agreed upon with the management of the receiving party. To speed up the process, it is advisable that the receiving party’s personnel officers do not hesitate to request the employee’s personal file. It would not be at all out of place if the head of the new department in which the employee is going to work personally called his manager and explained that he is interested in his transfer.
In the Federal Law of the Russian Federation Federal Law - 342 of November 30, 2011.” On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” in Art. 32 specifies the grounds for seconding an internal affairs officer.
The secondment procedure itself is determined by Order of the Ministry of Internal Affairs of Russia No. 1150 dated November 15, 2011. "On the organization of business trips for employees of internal affairs bodies and military personnel of the internal military forces of the Ministry of Internal Affairs of the Russian Federation." In pursuance of the above order of the Ministry of Internal Affairs of Russia, order of the Ministry of Internal Affairs for the Republic of Dagestan No. 441 dated March 29, 2012 was issued. “On organizing business trips for employees”:
From which it follows that planned business trips of employees are carried out by decision of authorized officials, who are:
In the Ministry of Internal Affairs for the Republic of Dagestan - the Minister of Internal Affairs for the Republic of Dagestan.
In departments of the Ministry of Internal Affairs of Russia at the city or district level - heads of departments of the Ministry of Internal Affairs of Russia by city and district - in cases of targeted visits of subordinate employees within the service territory.
In all other cases, permission to go on business trips is requested by the head of the department of the Ministry of Internal Affairs of Russia at the district level in the Ministry of Internal Affairs of the Republic of Dagestan in writing (including using electronic and fax communications).
Unscheduled business trips of employees are carried out by decision of the Minister of Internal Affairs of the Republic of Dagestan or the person performing his duties.
The decision on an unscheduled business trip is made on the basis of a reasoned report from the head of the department that initiated the trip.
A business trip of an employee to a higher authority (unit) in the order of subordination is carried out by decision of the head of the higher authority (unit) or his deputy.
Heads of departments of the Ministry of Internal Affairs of Russia at the city or district level are sent on business trips to higher internal affairs bodies by decision of the Minister of Internal Affairs for the Republic of Dagestan.
Registration for departure on a business trip is made subject to a decision.
The basis for issuing an order (instruction) is a travel plan item (order of a higher authority (unit), decision of the relevant official on an unscheduled business trip) and a job assignment. The official assignment is signed by the head of the structural unit in which the employee serves, after which it is approved by the official making the decision on the official business trip or his deputy and transferred to the personnel department for the preparation of a draft order and issuance of a travel certificate.
The order (instruction) is brought to the attention of the employee (military) against signature.
An employee sent on a business trip is issued a travel certificate, which he keeps for the entire duration of the business trip.
The maximum period of stay on a business trip should not exceed 40 days, not including the time spent en route to the place of business and back.
A business trip can be extended up to 5 days based on a motivated report from the departing employee by the relevant head of the body (unit) who sent him on a business trip.
The period of a business trip without taking into account days of temporary disability and the time an employee spends on the way to the place of business and back, including in the case of a business trip to several points, can be extended, and due to the delay of the business traveler on the way for reasons beyond his control, it is extended automatically .
Also, when seconding an employee, you must be guided by the order of the Ministry of Internal Affairs for the Republic of Dagestan No. 126 dated 02/01/13. "On the delegation of powers" from which it follows:
clause 1. Grant the Deputy Minister - Chief of Police of the Ministry of Internal Affairs for the Republic of Dagestan, Police Colonel Vasily Viktorovich Salyutin the right to make decisions on official business trips, approve official assignments, and sign orders for sending on official business trips.
clause 2. Grant the head of the URLS of the Ministry of Internal Affairs for the Republic of Dagestan the right to write off travel certificates issued in accordance with the order of the Ministry of Internal Affairs for the Republic of Dagestan dated March 29, 2012 N441.
Business trips of employees: we arrange them correctly
The order must contain a column for the employee to familiarize himself with this order, as well as the period of relocation, if it is temporary. Moves happen very often in organizations. But the main thing is that the rights of the employee are not violated. Having started work, an employee is usually assigned a specific workplace, for example, part of a room, a table or a tool.
It would be stupid for the legislator to assign to the manager the obligation to ask the employee’s consent when changing his desk. So, neither the labor function nor the terms of the contract change. The worker will be in a different place, but he will do the same work.
The manager does not often specify a specific place of work for the employee in contracts, since in the future, if the need arises to move, this will not be possible.
Business trip order
Info
The arrival log contains the following information:
- last name, first name and patronymic of the employee who arrived at the organization to which he was sent;
- name of the organization that issued the travel certificate;
- arrival date and departure date. As a rule, departure and arrival logs are kept by a specific HR employee. Such an employee is appointed by the employer (or a person authorized by him) by his order (instruction).
The same employee must also be responsible for making notes on travel certificates (clause 5 of the Procedure for recording employees leaving on business trips from the sending organization and arriving at the organization to which they are sent). The logs are stored for five years from the date of their registration.
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Regulations on the specifics of sending employees on business trips, approved by Government Decree No. 749 dated October 13, 2008 (hereinafter referred to as the Regulations). Let us recall that until now the 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 04/07/1988 No. 62 “On official business trips within the USSR” (hereinafter referred to as the Instruction) was applied. Moreover, they used it, rather, out of despair, because it largely contradicted the Labor Code, not to mention the fact that a state called the USSR does not exist. Despite this fact, officials even referred to outdated clauses of the Instruction in disputes with taxpayers. Let us note that although the old Instruction is formally still in force, it will be difficult to apply its provisions in practice for the above reasons. Gabriel Sasse leads a team of 40 people. Until such logs are officially canceled (such as a travel certificate), it is better not to neglect their maintenance, since when checked by the Labor Inspectorate, the absence of a log of registration of seconded employees may entail administrative liability under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. 7. Report on a task completed on a business trip As already mentioned in this article, from January 8, 2020, it is not necessary to fill out a work task and a report on its completion. However, the absence of the need to submit a written report on the task completed on a business trip does not relieve the employee from performing his job duties during the business trip.
Sample order to cancel a business trip
If you are faced with the task of creating a trip cancellation order that you have not done before, read the explanations given here and look at the sample document - it will certainly help you create your own form. There should not be any difficulties, especially if you adhere to the structure and style inherent in administrative documentation.
First of all, write in the order in the middle of the line:
- name of the organization (full or abbreviated – it doesn’t matter);
- the name of the document itself;
- its number, date and place of its formation.
Next, move on to the main part. Write here:
- justification and basis for creating the order
- position and full name of the employee in respect of whom the order to cancel the business trip is issued
- instruction to cancel a previous administrative act
- the employee responsible for the execution of this order
Finally, collect all the necessary signatures.
If necessary, you can add to the document any additional information that you consider important in your particular case. Also indicate in the order all the documents attached to it.
The economic activities of a business entity may not be limited to one locality. Sometimes, in order to complete a certain task, its employees have to go on business trips. In accordance with current legislation, sending an employee on such a trip includes drawing up such an order as an order to send the employee on a business trip.
Seconding an employee to another department sample order
Previous234567891011Next 1. Secondment is the performance by an employee (seconded) of work in a certain specialty, qualification or position (labor function) stipulated by the employment contract, or in another position, specialty, qualification with another legal entity, with the exception of the restrictions provided for by the legislation of the Republic of Kazakhstan. In order to ensure the fulfillment of certain tasks, it is allowed to second employees: 1) to a legal entity, the shares (participatory interest) of which directly or indirectly belong to the legal entity from which the employee is seconded; 2) to a legal entity that directly or indirectly owns voting shares (participatory interests) of the legal entity from which the employee is seconded. 2.
Legislative framework of the Russian Federation
not valid Edition from 14.12.1999
detailed information
Name of document | ORDER of the Ministry of Internal Affairs of the Russian Federation dated December 14, 1999 N 1038 “ON APPROVAL OF THE INSTRUCTIONS ON THE PROCEDURE FOR APPLICATION OF THE REGULATIONS ON SERVICE IN THE MINISTRY BODIES OF THE RUSSIAN FEDERATION” |
Document type | order |
Receiving authority | Ministry of Internal Affairs of the Russian Federation |
Document Number | 1038 |
Acceptance date | 01.01.1970 |
Revision date | 14.12.1999 |
Registration number in the Ministry of Justice | 2190 |
Date of registration with the Ministry of Justice | 10.04.2000 |
Status | It does not work |
Publication |
|
Navigator | Notes |
ORDER of the Ministry of Internal Affairs of the Russian Federation dated December 14, 1999 N 1038 “ON APPROVAL OF THE INSTRUCTIONS ON THE PROCEDURE FOR APPLICATION OF THE REGULATIONS ON SERVICE IN THE MINISTRY BODIES OF THE RUSSIAN FEDERATION”
X. Secondment of employees of internal affairs bodies to representative bodies of state power and government bodies
10.1. For members of the rank-and-file and commanding staff of internal affairs bodies, elected members of the Federation Council, deputies of the State Duma of the Federal Assembly of the Russian Federation, service in internal affairs bodies is suspended for the duration of their deputy powers. The term of parliamentary powers is counted towards length of service.
Persons of ordinary and commanding staff of internal affairs bodies, to work as an assistant under an employment agreement (contract), are seconded on the basis of a proposal from a member of the Federation Council, a deputy of the State Duma to the relevant executive body of state power. In this case, service in the internal affairs bodies is suspended for these persons *(9).
*(9) Federal Law of May 8, 1994 N 3-FZ “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” (as amended by Federal Law of July 5, 1999 N 133-FZ (Collection of Legislation Russian Federation, 1994, No. 2, Art. 74, 1999, No. 28, Art. 3466).
10.2. Decisions on secondment are made taking into account the wishes of employees and the interests of departments of internal affairs bodies.
10.3. Accounting for seconded employees and monitoring compliance with the procedure for their service are carried out by the Main Directorate of Personnel and Personnel Policy of the Ministry of Internal Affairs of Russia (hereinafter referred to as the GUKiKP of the Ministry of Internal Affairs of Russia).
10.4. The first, as well as the next special ranks of middle and senior management personnel are assigned to seconded employees in accordance with Articles 20 of the Regulations.
10.5. Assignment of a special rank ahead of schedule or a step higher than the special rank provided for in a full-time position is carried out in the manner established by the Regulations.
10.6. Dismissal of seconded employees from service in internal affairs bodies is carried out on the proposal of the heads of the relevant bodies to which the employees are seconded, on the grounds and in the manner provided for in Article 58 of the Regulations.
10.7. Seconded employees, on a personal basis and with their consent, may be retained in service beyond the age limits established by Article 59 of the Regulations by superiors who are given the right to appoint these employees to positions, in agreement with the internal affairs bodies that seconded them.
10.8. Employees of internal affairs bodies may be appointed representatives to foreign states in accordance with the established procedure.