Despite the fact that the business travel conditions provided contain many guarantees for the employee, frequent and long business trips are unlikely to suit even an avid traveler or workaholic. When the question arises about how to cancel a business trip, a person first turns to regulations, however, the closed list of persons who have certain relaxations in the legal relations of secondment does not cover all categories of workers interested in the refusal. Our lawyer will help you correctly assess the current situation and select the necessary arguments in order to reach a compromise with your superiors as part of a free online consultation, and we will describe the main legal points and ways to legally get rid of an unpleasant assignment below.

Is it possible to refuse a business trip: what does labor legislation say about this?

Legislative labor regulations contain a number of rules, from which it follows that the employee must comply with management orders on business trips:

The listed rules, which have a basis in the form of specific articles of the Labor Code, may raise doubts about the state protection of the rights of an employee from the arbitrariness of the employer. This is especially true for such vulnerable categories of workers as young mothers and expectant mothers, persons with limited ability to work, etc. However, it is precisely for such employees that the law contains special guarantees in regulating travel relations.

Categories of employees entitled to preferential travel conditions

There are two groups of legislative restrictions regarding the sending of certain categories of persons on business trips:

1. Complete ban on business trips:
   • Pregnant women;
   • Minor employees (except for members of creative teams);
   • Persons working under a student agreement (if the business trip does not involve the implementation of the terms of such an agreement);
   • Disabled persons, if a business trip may interfere with the conditions of their rehabilitation;
2. Prohibition on business trips without the employee’s consent:
   • A woman who has a child under age three years;
   • A parent raising a child under five years of age alone;
   • A guardian or trustee raising a child up to three years of age, and if he is raising him alone, up to five years of age;
   • An employee raising a disabled minor;
   • An employee caring for a sick family member in accordance with the conclusion of a medical institution;
   • An employee who has the status of a candidate during elections.

Thus, the persons listed in the second group have every right to refuse the proposed business trip. Moreover, the employer himself is obliged to take the written consent of such an employee when sending him on a business trip. It is important to know that the signature put by an employee on a business trip order is not considered an expression of his will - it only records the fact of familiarization.

The document confirming consent must contain the following details:

• Justification by the employer of the expediency of a business trip;
• Dates of expected departure and return from a business trip;
• Indication of the circumstances on the basis of which the employee has the right to refuse to carry out instructions from management;
• Description of possible guarantees and compensation for the employee in case of giving consent (for example, payment of double the rate for work on weekends);
• A handwritten consent or refusal of a business trip by the employee, indicating his full awareness of all the conditions of the business trip proposed by the employer.

1. In cases where the question arises about how to refuse a business trip for a woman, there are several options for legal refusal, and all of them are related to the performance of family responsibilities: pregnancy, caring for young children or a disabled child;
2. When considering options for how to refuse a business trip for medical reasons, you should understand that in addition to the presence of disability and the status of caring for a seriously ill relative, it is quite possible in a legal way avoidance of business travel is temporary incapacity for work (staying on sick leave);
3. Despite the fact that in some cases labor Relations when passing military service are not regulated by labor legislation, the question of how to refuse a business trip for a military personnel does not arise at all. The strict requirements for discipline provided for by the law on the status of such a service require complete and impeccable subordination to superiors;
4. Among the many highly specialized regulations, there is only one clue that allows us to resolve the issue of how to refuse a business trip for an employee of the Ministry of Internal Affairs or a military man from the same structure. The order of the relevant ministry on the organization of official trips provides for the termination of a business trip by decision of the official who issued the order in the event of illness of the traveler or an emergency family circumstance requiring his mandatory presence.

Consequences of refusal to travel unjustified by law

Refusal to execute a travel order is considered a disciplinary offense. The relations arising as a result of it are regulated by the corresponding chapter of the Labor Code.

Thus, the law provides for the following penalties in this case:

1. Comment;
2. Rebuke;
3. Dismissal.

(Article 192 of the Labor Code of the Russian Federation)

The choice of penalty directly depends on the severity of the offense, which means that the following are taken into account when assigning:

• The reasons that prompted the employee to fail to comply with the order;
• The presence of outstanding and unpaid penalties.

The last point has special legal significance, since the basis for dismissal can only be the repetition of a penalty.

Regarding the order of registration of the overlay disciplinary action, then the general principles apply to the case under consideration:

1. Documentary recording of the offense in a memo addressed to the head of the enterprise;
2. Imposition of a penalty no later than 1 month from the date of discovery (except for the time of vacation and temporary disability of the employee);
3. Prosecution within six months from the date of the violation;
4. Mandatory request for an explanation from the employee;
5. One-time punishment for one offense;
6. Familiarization of the employee with the collection order within two working days;
7. Possibility of appealing the order in court.

It should be noted that the closed list of disciplinary sanctions does not allow any monetary fine to be applied to an employee who refuses a business trip. The exception is those organizations that, among local legal acts, have a document regulating bonus relations. In this case, the offending employee may be deprived of the bonus or part of it for violating labor discipline.

Valid reasons for relieving yourself of the obligation to go on a business trip are the general grounds for not attending work:

• Temporary disability;
• Emergency family circumstances giving the right to social leave or leave without pay.

In addition, the following recommendations will help in the fight for the right not to go anywhere:

1. The best way to resolve any controversial situations is to reach a compromise:
   1. Justify to your boss the economic or production inexpediency of the trip;
   2. Propose another candidate for a business trip, having previously agreed with a colleague. Additionally, you can promise your assistance in preparing for the business trip;
   3. When presenting your arguments, try not to demand, but to negotiate;
2. If peaceful means of resolving the issue are completely exhausted or excluded, you can try to find errors in the actions of management:
   1. Carefully check the job assignment for compliance with your job responsibilities - if you find something unnecessary, this may become a strong argument in favor of rejecting your candidacy;
   2. If the advance payment for a business trip was not issued on time, you can refuse the trip, citing insufficient personal funds.

In conclusion, let us recall that some professions require a traveling nature of work; this circumstance is indicated in the employment contract and completely excludes the application of the rules described above. On our website you can find answers to other questions related to business trips - for example, about what documents serve as the basis for payment, read the article of the same name.

Sending an employee on a business trip- a fairly common practice in modern companies. In the interests of business, employees of various categories go to carry out official assignments, tasks in company divisions located in other cities, or in other organizations for a certain period of time. But the employee does not always feel the desire to hit the road. Can he refuse?

A client approached our lawyers with a request to clarify his rights:

I have been working as a repairman at a factory for 11 years now. When I got hired, nothing was said about the possibility of business trips, and there were none during all this time. And here: they force me to go to a company branch in another city for 3 months to install a line that was transferred there from our plant. I don’t need additional expenses, I already have a loan. I am a simple worker, not a manager, can I refuse the trip?

The Labor Code gives the employer the right, for a certain period of time, to send his employee to perform a certain task, assignment related to his labor functions, out of place permanent job, that is, to another city where a division (branch) of the company or another organization with which the employer cooperates is located. This does not in any way depend on the conditions expressed to the candidate when hiring, unless, of course, the employment contract directly contains a clause stating that the employee is not sent on business trips.

The company must pay all expenses associated with the trip. Such expenses include: payment for travel to the place of business trip, expenses related to accommodation (payment for hotels, rental housing) and payment of daily expenses. In this case, the company itself either organizes payment for tickets and accommodation, or pays the employee an advance payment for these services before the employee leaves for a business trip, and also pays daily allowance in advance, that is, the employee does not have to bear his own financial costs for the trip. Since labor legislation provides quite general descriptions travel processes, companies most often develop internal documents(regulations, orders), which describe in detail the rules for processing a business trip and the costs associated with it. Often, such documents prescribe additional compensation for expenses that the company is willing to incur (payment for taxis, food, household services).

Who can avoid a business trip?

The legislation distinguishes between two types of employees: those who cannot be sent on a business trip at all and those who have the right to refuse the trip. The first are expectant mothers, minors, employees who have entered into an apprenticeship contract, disabled people if this goes against their rehabilitation program, registered candidates, as well as employees registered not under an employment contract, but under a civil law one. The second are employees with small children (up to three years old), parents who are raising a small child (up to five years old) alone, parents with a disabled child, and employees who care for sick relatives. All other employees may be sent by the employer on a business trip, and refusal to travel will be a violation of labor discipline, and the company may bring such an employee to disciplinary action.

How long must an employee carry out assignments for the company in another city?

The duration of the trip is, of course, determined by the employer, based on the complexity of the task ahead, but the duration of this period should be limited to the fact of completing the task, and not be indefinite, so as not to become a transfer to another job, which implies obtaining consent from the employee.

An employee is sent on a trip not by verbal order, but only after completing the appropriate package of documents, which indicates its purpose, dates, city, department or organization to which the traveler is going. The organization prepares a work assignment for the employee, a travel certificate, which will confirm the fact of being in another city, issues a business trip order, which the employee familiarizes with under signature. During the trip, the employee retains his average salary and position.

Before our lawyers can fully explain to our client his rights, it will be necessary to analyze a number of documents to check whether he belongs to one of the categories of workers who cannot be sent on business trip or can refuse it. We will also advise him on the package of documents that must be drawn up with him in the company and provided as a result of the trip, so that he does not incur his own financial costs if, after all, he is obliged to go on it.

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.

Regarding the provisions labor legislation, then in some cases refusing a business trip under the Labor Code of the Russian Federation is quite possible. This opportunity, as a rule, is associated with special social status specialist In addition, the employee has the right to refuse a business trip if there are special life circumstances.

Can an employee refuse a business trip?

By virtue of Art. 192 of the Labor Code of the Russian Federation, refusal to go on a business trip is considered as a disciplinary offense, with which the law associates improper performance by personnel of official duty due to guilty actions of personnel. It follows from this that employees do not have the right to refuse business trips, including in cases where the travel clause is not included in the contract. 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 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:

• pregnant specialists (Article 259 of the Labor Code of the Russian Federation);
• persons with whom companies have entered into apprenticeship agreements (in cases where travel outside the place of residence is not associated with the performance of apprenticeship functions (clause 3 of Article 203 of the Labor Code of the Russian Federation));
• women with children under 3 years of age (in the absence of written consent of such employees (Article 259 of the Labor Code of the Russian Federation));
• parents raising children under 5 years of age in the absence of their second spouse (Article 259 of the Labor Code of the Russian Federation);
• specialists caring for sick members of their families on the basis of official medical reports (Article 259 of the Labor Code of the Russian Federation);
• employees providing care for their own disabled children (Article 259 of the Labor Code of the Russian Federation);
• guardians of children under the age of majority (Article 264 of the Labor Code of the Russian Federation);
• employees under 18 years of age (Article 268 of the Labor Code of the Russian Federation).

Cancellation of a business trip for family reasons

At the same time, serious reasons for refusing to go on a business trip include such valid reasons as illness, consequences of accidents, and the presence of extraordinary family circumstances. All these reasons must be documented (using certificates of incapacity for work, certificates).

A very unusual method that allows you to refuse a business trip is to submit an application for marriage registration. By virtue of Part 2 of Article 128 of the Labor Code of the Russian Federation, in connection with this event, the administration of organizations has no right not to provide employees with 5-day vacations at their own expense. During these 5 days, employees are not subject to being sent on business trips.

For specialists who categorically do not want to leave their place of residence to perform official duties, all that remains is to rely on your own diplomacy and ability to negotiate with management. So, you can try to convince the administration to make a replacement and send workers to a certain point who do not object to the trip. At the same time, it is recommended to promise your superiors to help your colleague in every possible way with recommendations. Clear arguments about the inadmissibility of too frequent business trips, about problems in family life, as well as the economic inefficiency of a particular trip.

Achieving the goal requires the abandonment of conflicts and negotiability. As a result of negotiations, management must clearly understand that if not for extremely difficult circumstances, the employee would not have refused the business trip.
If an agreement could not be reached, and the order to go on a business trip was nevertheless prepared, the posted employee should carefully read the official assignment. If in this document functions that do not fall within the employee’s competence are indicated, he has the right to refuse the trip. In this case, it is necessary to check the job assignment with the employment contract and job description, identify all inconsistencies and in writing express to management your position regarding his violation of labor laws. If such a statement does not have any effect, you can challenge the illegal assignment on a business trip in court (Article 392 of the Labor Code of the Russian Federation), using as evidence the official assignment, employment contract and subsequent correspondence with the company management.

Many companies work with a wide range of clients, so business travel is often necessary. But, unfortunately, only rare employers provide additional incentives for frequent and long stays on business trips. Therefore, employees dissatisfied with endless trips begin to think about the question: is it possible to refuse business trips, and if so, in what cases? Let's figure it out together.

What does the Labor Code say?

A business trip is 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 (Part 1 of Article 166 of the Labor Code of the Russian Federation).

By general rule, labor legislation (Article 166 of the Labor Code of the Russian Federation) does not oblige you to ask the employee for consent to any business trip (in Russia or abroad).

At the same time, the Labor Code of the Russian Federation establishes a number of restrictions for sending to business trips certain categories of workers (see table 1).

Table 1

Restrictions on sending certain categories of workers on business trips

In general, you cannot be sent on business trips (even with the consent of employees)	You can go on a business trip: — with the written consent of the employee; - provided that this is not prohibited by medical recommendations
	Employees with whom an apprenticeship agreement has been concluded, during the period of its validity. This provision applies to business trips not related to apprenticeship (Part 3 of Article 203 of the Labor Code of the Russian Federation)
Pregnant women on any business trips (Article 259 of the Labor Code of the Russian Federation)	Single parents (mothers and fathers) raising children under five years of age without a spouse (parts 2, 3 of Article 259 of the Labor Code of the Russian Federation)
Employees under the age of 18, with the exception of creative workers (Article 268 of the Labor Code of the Russian Federation)	Employees with disabled children (parts 2, 3 of Article 259 of the Labor Code of the Russian Federation)
Disabled person, if this contradicts individual program rehabilitation of a disabled person (part 1 of article 23 Federal Law dated November 24, 1995 N 181-FZ "On social protection disabled people in 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)
	Guardians (trustees) of minors, as well as fathers raising children without a mother (Article 264 of the Labor Code of the Russian Federation)
	A registered candidate during the elections (clause 2 of Article 41 of the Federal Law of June 12, 2002 N 67-FZ “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”)

An employee of the organization wrote a written refusal to travel because she was pregnant. At the same time, a pregnancy certificate was not provided to the employer, since the employee did not see a doctor.

The employer cannot bring her to disciplinary liability. According to Part 1 of Art. 259 of the Labor Code of the Russian Federation prohibits sending pregnant women on business trips. Norms Art. 259 of the Labor Code of the Russian Federation are among the special norms that provide pregnant workers with increased guarantees. From the provisions of Part 2 of Art. 261 of the Labor Code of the Russian Federation it follows that the employee’s pregnancy is confirmed by a medical certificate. However, the legislation of the Russian Federation does not contain a deadline for providing such a certificate. The Appeal Ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated September 26, 2012 in case No. 33-3295/2012 clarifies that the ban on dismissal of pregnant women is not made dependent on the employer’s knowledge. Therefore, the employer’s ignorance of the employee’s pregnancy has no legal significance and cannot affect compliance with the guarantees provided by law for pregnant women upon dismissal.

Therefore, if an employee is pregnant, but currently cannot confirm this with a medical certificate, she has the right to the guarantees provided for in Art. 259 of the Labor Code of the Russian Federation, which means that such an employee is prohibited from being sent on a business trip.

Before obtaining consent for a business trip from the categories of employees listed in the Labor Code of the Russian Federation, the employer must send them written notice of their right to refuse a business trip. This is the requirement of Art. 259 Labor Code of the Russian Federation. Standard form such familiarization is not provided, therefore it is compiled in a free form.

Notification of the right to refuse a business trip can be issued:

- or by a separate letter (in two copies, one of which with the employee’s signature stating that there are no objections to the business trip will remain with the employer);

- or add additional lines to the order (instruction) on sending an employee on a business trip (according to forms N T-9, T-9a, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, or according to an independently developed form), with the following content: “I agree to the business trip. I am familiar with the right to refuse it. Date. Signature.”

In our opinion, familiarization of such an employee (Articles 259, 264 of the Labor Code of the Russian Federation) with the order to send him on a business trip against signature cannot be considered proper notification of the right to refuse a business trip. Therefore, in order to avoid labor disputes, we recommend that such notification be issued in a separate letter (see sample).

Society with limited liability"Alpha" (Alpha LLC)

Notification
Ref. N 25 March 19, 2014

Moscow

Accountant LLC "Alfa"

A.N. Doronina

About the right to refuse a business trip

Dear Anna Nikolaevna!

Due to the absence of an accountant in the Mozhaisk branch of Alpha LLC, I ask you to agree to be sent on a business trip to temporarily fill this position for the period from March 24 to March 28, 2014.

We notify you that as an employee with a child under three years of age, you have the right to refuse to be sent on a business trip in accordance with Part 2 of Art. 259 Labor Code of the Russian Federation.

In this regard, I ask you to make a note on the second copy of the notice indicating your consent (disagreement) to go on this business trip and submit it to the accounting department or the personnel department of Alpha LLC.

General Director Saveliev ___________________ I.L. Savelyev

I have been informed in writing of my right to refuse this business trip on the basis of Part 2 of Art. 259 Labor Code of the Russian Federation.

I don’t mind the ride __. ___

(I don't mind, I don't mind)

Accountant Doronina ____________________ A.N. Doronina

What will the employee get for unjustified refusal from a business trip?

In all other cases, except those established by law, the employer should not ask the employee’s consent to a business trip, and the employee is obliged by virtue of Art. 166 of the Labor Code of the Russian Federation to go on a business trip by order of the employer. He can refuse a business trip only if there are good reasons (for example, illness, flooding of an apartment, fire, etc.), depending on what the employer considers a compelling argument against sending the employee on a business trip. Most often, these are the same reasons why a person may not go to work.

The employee refused to go on a business trip, citing the fact that the employment contract concluded with him did not stipulate the possibility of sending him on a business trip. Let's see how lawful this employee behavior is. From the analysis of the norms of the Labor Code of the Russian Federation, we can conclude that employees are obliged to fulfill official assignments of the employer arising from their job function (job duties), incl. and outside the place of permanent work (i.e. on business trips). If the employee does not belong to the categories of persons who are prohibited from being sent on a business trip or are only possible with the employee’s consent, then he must justify his refusal to travel with valid reasons. bring the employee to disciplinary liability for refusing to carry out the employer’s instructions.

Thus, an employee’s unjustified refusal to travel is a disciplinary offense ( Appeal determination Tambov Regional Court dated June 18, 2012 in case No. 33-1549).

Does the presence of a clause in an employment contract regarding involvement in business trips affect the employee’s right to refuse a business trip?

Information and terms to be included in employment contract(contents of the employment contract) are defined in Art. 57 Labor Code of the Russian Federation. Taking into account the provisions of this article, the condition of involving an employee on business trips is not a mandatory condition of the employment contract.

Part 5 of Art. 57 of the Labor Code of the Russian Federation establishes that, by agreement of the parties, an employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulations legal acts, containing norms labor law, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement and agreements.

Failure to include any of the specified rights and (or) obligations of the employee and employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.

From the provisions of Art. 166 of the Labor Code of the Russian Federation it follows that the decision to send on a business trip is made not by agreement of the parties, but by order of the employer.

Therefore, the argument of the employee who refused to go on a business trip on the grounds that the condition on being involved in business trips was not included in his employment contract is untenable. With the exception of certain categories of employees (see table 1), this may be regarded as a failure to fulfill the obligations assigned to him labor responsibilities. And such an employee may be subject to disciplinary action according to the rules of Art. 192, 193 Labor Code of the Russian Federation.

How can you not punish an employee for refusing a business trip?

Unreasonable refusal to travel is a violation of labor discipline. In this case, the employee can be brought to disciplinary liability in accordance with Art. 192-193 of the Labor Code of the Russian Federation in the form of disciplinary sanctions (reprimand, reprimand, dismissal), depending on how severe they are Negative consequences such a failure for the organization.

At the same time, it is necessary to keep in mind that the Labor Code of the Russian Federation does not provide for dismissal for a one-time commission of such a disciplinary offense (Article 81 of the Labor Code of the Russian Federation). Application of a disciplinary sanction in the form of dismissal to an employee who unreasonably refused a business trip is possible only if this employee has an outstanding disciplinary sanction (clause 5 of part 1 of article 81, article 194 of the Labor Code of the Russian Federation).

The employer has no right to apply any penalties (monetary penalties) or deduction of bonuses - this would be a violation of labor legislation (Article 5, 8 of the Labor Code of the Russian Federation, ruling of the Moscow City Court dated June 17, 2010 in case No. 33-18087, ruling of the Ninth Arbitration Court court of appeal dated July 24, 2006, July 28, 2006 N 09AP-7824/2006 in case N A40-25961/06-92-189).

List of disciplinary sanctions listed in Art. 192 of the Labor Code of the Russian Federation is exhaustive, and deprivation of a bonus (part of a bonus) is not included in it. A similar position is taken by the Supreme Court of the Russian Federation in its ruling dated 04/07/2005 N KAS05-126, which clarifies that deprivation of a bonus or monetary reward is not a disciplinary measure.

In addition, the Labor Code of the Russian Federation prohibits deductions from wages (Articles 22, 137 of the Labor Code of the Russian Federation), with the exception of some options for accounting deductions (alimony, unearned advance payment, unearned vacation, accounting errors, etc.).

Thus, it is impossible to fine or deprive an employee for refusing a business trip. Such sanctions are not provided for by labor legislation.

If Labour Inspectorate discovers that the employer fines or deprives employees for refusing to go on business trips, the company may be brought to administrative liability under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine (see table 2).

table 2

Fines or depreciation of employees

Types of employer liability	Application of fines or deprivation of bonuses to employees for refusing to travel
Administrative responsibility	Administrative fine (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation): — officials in the amount of 1000 to 5000 rubles; - on legal entities— from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days. For a repeated similar offense, the head of the organization may be disqualified for a period of one to 3 years (part 3 of article 4.5, part 2 of article 5.27 of the Code of Administrative Offenses of the Russian Federation)
Material liability	Payment of a fine amount unreasonably withheld from wages (Article 192 of the Labor Code of the Russian Federation)
	Payment of interest ( monetary compensation) in an amount not lower than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time. In labor or collective agreement may be provided larger size such compensation (Article 236 of the Labor Code of the Russian Federation)
	Compensation for moral damage caused to an employee illegal actions employer (Article 237 of the Labor Code of the Russian Federation)

In addition, fined employees have every right to demand payment of the fine amount unreasonably withheld from wages in accordance with Art. 236 of the Labor Code of the Russian Federation, with the payment of interest (monetary compensation) in an amount not lower than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time.

An employment or collective agreement may provide for a larger amount of such compensation (Article 236 of the Labor Code of the Russian Federation).

In addition, Art. 237 of the Labor Code of the Russian Federation provides that an employee can also demand compensation for moral damage caused to him by the unlawful actions of the employer, but one should not expect that the amount will be significant (in practice, it usually ranges from 1,000 rubles to 5,000 rubles).

An employee of Alpha LLC refused a business trip due to illness, but during the period of temporary incapacity for work continued to work as an external part-time worker at Beta LLC.

For an employee’s refusal to go on a business trip during a period of temporary incapacity for work, he cannot be brought to disciplinary liability. This is due to the fact that the presence of a certificate of incapacity for work indicates that the reason for absence from work is valid.

The fact that during the period of illness the employee worked as an external part-time worker at Beta LLC is not a violation of labor discipline.

In this case, the employer (Alpha LLC) can inform the employee’s attending physician that his patient is working at Beta LLC during his illness. This can only be done if you have supporting documents. Then the attending physician in the line “Notes on violation of the regime” of the certificate of incapacity for work will indicate the date of the violation, its type (in in this case- going to work without being discharged) and put his signature (clause 58 of the Procedure for issuing medical organizations certificates of incapacity for work, approved. by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n). This mark is the basis for reducing the employee’s temporary disability benefit. From the day on which the regime was violated, benefits are paid in an amount not exceeding for a full calendar month minimum size wages, and in regions and localities in which regional coefficients are applied to wages, - in an amount not exceeding the minimum wage taking into account these coefficients (Article 8 of the Federal Law of December 29, 2006 N 255-FZ "On Mandatory social insurance in case of temporary disability and in connection with maternity").

How can you punish an employee for refusing a business trip?

Now let's see how you can punish an employee for an unreasonable refusal to travel. There are two ways to do this.

Method 1. Bring to disciplinary action. We just talked about this: only three disciplinary sanctions can be applied to an employee (Articles 192, 193 of the Labor Code of the Russian Federation): reprimand, reprimand, dismissal. In any case, it is, of course, up to the management to choose the sanction. But remember that an employee can appeal a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation).

Method 2. Do not pay the employee a bonus or pay it in a smaller amount. Do not confuse this method with deprivation of a bonus (deprivation of bonuses) for a disciplinary offense.

To do this, two conditions must be met (Articles 129, 135 of the Labor Code of the Russian Federation):

— your organization must have a local regulation providing for the payment of bonuses (for example, Regulations on remuneration or Regulations on bonuses for employees of the organization);

- this local regulatory act should provide, as one of the mandatory conditions for bonus payment, the employee’s compliance with labor discipline, internal labor regulations, and the absence of disciplinary sanctions during the period for which the bonus is paid (letter of the Federal Tax Service of Russia dated April 1, 2011 N KE-4 -3/5165).

If these conditions are met, the employer simply will not include the violator of labor discipline, who unreasonably refused a business trip, among the employees receiving bonuses. After all, he will not have the right to a bonus, since he will not meet the mandatory conditions for the bonus.

In this case, it is mandatory to document such a disciplinary offense as an unjustified refusal to travel. In practice, this fact is usually documented in a memo from the immediate supervisor of the employee who refused the business trip.

Such “monetary” consequences for the employee are not disciplinary actions. Therefore, it is possible to simultaneously not pay the bonus to the violator and bring him to disciplinary liability.

That is, in this case, the requirement of labor legislation that only one disciplinary sanction can be imposed for one disciplinary offense will not be violated (Article 193 of the Labor Code of the Russian Federation).

Note! It is incorrect to include in the Regulations on Remuneration such a measure as deprivation of bonuses (deprivation of a bonus for a disciplinary offense). The GIT inspector will regard it as a disciplinary sanction not provided for by the Labor Code of the Russian Federation. Such a local regulatory act should simply establish as a mandatory condition for bonuses the employee’s proper compliance with labor discipline, internal labor regulations, and the employee’s absence of disciplinary sanctions in the period for which the bonus is paid.

Is it possible to refuse to extend a business trip?

An employee’s refusal to extend a business trip is also a violation of labor discipline, in connection with which disciplinary measures in the form of penalties may be applied to the employee (Articles 192, 193 of the Labor Code of the Russian Federation).

The right to send an employee on a business trip and to set the duration of the trip belongs to the employer (Article 166 of the Labor Code of the Russian Federation).

Clause 4 of the Regulations on the specifics of sending employees on business trips, approved. Decree of the Government of the Russian Federation dated October 13, 2008 N 749, stipulates that the duration of the business trip is determined by the employer, taking into account the volume, complexity and other features of the official assignment.

On this basis, the employer has the potential to change the duration of the business trip either upward or downward.

Each fact of economic life is subject to registration with a primary accounting document (Part 1, Article 9 of Federal Law No. 402-FZ of December 6, 2011 “On Accounting”, hereinafter referred to as Law No. 402-FZ). Such facts include, among others: and extension of the business trip (clause 8 of Article 3 of Law No. 402-FZ).

Therefore, when extending a business trip, such a decision by the employer must be formalized by an order (instruction) to increase the duration of the business trip, indicating the reasons for its increase, which must be familiarized to the employee. The form of this order can be developed by the employer independently in compliance with the requirements established by Part 2 of Art. 9 of Law N 402-FZ (parts 1, 4 of Article 9 of Law N 402-FZ, information from the Ministry of Finance of Russia N PZ-10/2012, letters of Rostrud dated 02/14/2013 N PG/1487-6-1, dated 01/23/2013 N PG/10659-6-1, dated 01/09/2013 N 2-TZ).

If there is such documentary evidence If the employee refuses to extend the business trip, the employer has the right to apply disciplinary sanctions for such violation of labor discipline.

• In cases where the question arises about how to refuse a business trip for a woman, there are several options for legal refusal, and all of them are related to the performance of family responsibilities: pregnancy, caring for young children or a disabled child;
• When considering options for how to refuse a business trip for medical reasons, you should understand that in addition to the presence of a disability and the status of caring for a seriously ill relative, a completely legal way to avoid a business trip is temporary incapacity for work (being on sick leave);
• Despite the fact that in some cases labor relations during military service are not regulated by labor legislation, the question of how to refuse a business trip for a military personnel does not arise at all.

Is it possible to cancel a business trip?

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.

Can an employee refuse a business trip?

A loyal employer may be cooperative out of human motives.

• Check the correctness of the documents for the business trip. The job assignment must contain items within the competence of the employee. If the employer requires the performance of duties not provided for in the job description and employment contract, then you may not go on a business trip.
• Calculate travel costs.
  Insufficient or late payment of money is a legal way to avoid going on this trip. It should be taken into account that internal local acts Organizations may set maximum amounts for renting premises and for travel.

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, wage.

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 General procedure 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.

Cancellation of a business trip

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.

Whatever the production need, they cannot be sent on business under any circumstances: pregnant women Art. 259 Labor Code minor workers Art. 268 of the Labor Code, those employees with whom a student agreement has been concluded, Art. 203 Labor Code disabled people Law of November 24, 1995 No. 181-FZ, art. 23 In addition to such employees, there are those who have the right to refuse a proposed business trip, especially if it involves staying in another city.

How to cancel a business trip

For example, emergency in a company whose decision lies in the purpose of the trip; trial upon declaring 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 service public service, assigns order to him according to strict adherence legislative acts in this area.

Consequences Labor Code(Article 192-193) disciplinary measures are provided for an employee’s unreasonable refusal to be sent on a business trip:

• comment;
• rebuke;
• dismissal.

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.

In what cases can an employee refuse a business trip?

• women with children under 3 years of age (in the absence of written consent of such employees (Article 259 of the Labor Code of the Russian Federation));
• parents raising children under 5 years of age in the absence of their second spouse (Article 259 of the Labor Code of the Russian Federation);
• specialists caring for sick members of their families on the basis of official medical reports (Article 259 of the Labor Code of the Russian Federation);
• employees providing care for their own disabled children (Article 259 of the Labor Code of the Russian Federation);
• guardians of children under the age of majority (Article 264 of the Labor Code of the Russian Federation);
• employees under 18 years of age (Article 268 of the Labor Code of the Russian Federation).

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.

Self-defense of civil rights

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:

• pregnant specialists (Article 259 of the Labor Code of the Russian Federation);
• persons with whom companies have apprenticeship agreements (in cases where travel outside the place of residence is not associated with the performance of apprenticeship functions (clause
  3 tbsp.

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 included in job responsibilities S., in addition, due to health reasons, he cannot go on business trips to the region, since at any moment he may need to health care in 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 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 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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