How to refuse business trips: business trip conditions, payment, legal methods and reasons for refusal, advice and recommendations from lawyers

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

A business trip is the sending of a specialist by an organization to perform direct work duties in an area that is located remotely from the workplace. The company needs such trips in order to carry out activities to attract new customers, as well as to organize cooperation moments with counterparties, to search, survey, control new areas of development, to purchase goods and arrange services.

It is legislated that an employee who is on a business trip must retain his position, salary, and workplace without fail. An important point is that all expenses incurred during the trip (food, travel, accommodation, etc.) must be reimbursed by the employee's organization.

Labor Code of the Russian Federation

The legislation defines the general procedure for sending specialists on a business trip (Chapter 24 of the Labor Code of the Russian Federation). Any additional conditions may be prescribed in the internal regulations, regulations, as well as in the employment contract. Any employee can be sent on a business trip, regardless of length of service and position. If a citizen carries out unofficial labor activity, the authorities still have the right to send him on a work trip. Another question: "Is it possible to refuse a business trip?".

The head of the organization is not obliged to ask a specialist for permission to travel on business, because such an action is not an infringement of the rights of the worker. The Labor Code of the Russian Federation establishes restrictions for a group of persons to be sent on business trips. In this regard, many employees are wondering: "How to officially refuse business trips?". It is important to know that there is a complete travel ban for the following groups of people:

• pregnant women;
• employees under the age of 18 (excluding creative activities);
• disabled, in cases where the trip interrupts the course of rehabilitation activities.

Of course, everyone understands that this is a rather small list. There are still many situations in life when long-distance trips will be very difficult. In what cases can you cancel a business trip? The legislative framework establishes the following list of citizens who cannot be sent on a forced work trip, butit is still possible with their written consent:

• women who have a child under the age of 3;
• employees whose work is based on a student contract;
• parent who raises their own child under 5;
• professionals who care for a disabled relative;
• employees who are legal guardians of children under 18;
• candidates who are applied for service in the state structure (for example, elections).

It is important for the employer to remember that when sending the above persons on a business trip, it is mandatory to prepare an order (notice) of their consent, where the signature of the employee will be a confirmation of his will.

What information should a travel notice contain?

This document must contain:

• business trip period;
• arguments, reasons for the need for it;
• the entire statutory list of employee rights that explains how to refuse to travel, if there are specific grounds;
• guarantees that the employer gives upon agreeing to a business trip (bonus, reimbursement of specific types of expenses, etc.);
• the date of the document and the signature of the head.

It is worth supplementing the notification with a column where the employee can personally confirm the fact of familiarization and delivery of the document. For illegal coercion to a work trip, the head bears administrative responsibility, which is prescribed inCode of Administrative Offenses of the Russian Federation Part 1. art.5.27.

Reason for refusal: valid and disrespectful

In Russia, a business trip is the responsibility of an employee in the process of working. How can you refuse a business trip, what good reasons should an employee have? It is important to understand here that if an employee gave written consent to work trips, then refusal to comply with the requirements of the organization entails disciplinary action and other unpleasant consequences.

But even the absence of documented consent from the employee will not be an exception for disciplinary action against him. Of course, if possible, the manager will listen to the wishes and capabilities of the employee and, possibly, reschedule the trip or appoint another person to it.

How to cancel business trips for a good reason:

• the presence of he alth problems of the worker, medical contraindications, as well as in the presence of he alth problems of a close relative;
• Emergency that affected the life of an employee: property theft, flood, fire, etc.;
• any urgency in paperwork that requires urgency in carrying out actions: entering into an inheritance, obtaining a passport, processing property transactions;
• death of a family member;
• the presence of an important family event during this period of time (anniversary, wedding anniversary, marriage, admission of a child to a university, etc.);
• parenting children with disabilitiesopportunities;
• in the absence of advance information about the fact of a business trip;
• the presence of errors in the accompanying documentation;
• with insufficient funding for the trip or complete non-payment of an advance for future expenses.

Disrespectful reasons for an employee to refuse a business trip include:

• personal unwillingness of the employee;
• if the trip coincides with certain holidays;
• bad weather conditions;
• other factors that are unimportant.

Regardless of the current situation, workers are advised to exercise their right to refuse to travel by using all legal methods:

• try to negotiate with the manager to reach a compromise;
• argue about the unreasonableness of the trip and the inexpediency of expenses;
• employee may offer to help prepare for travel;
• select a potential candidate to replace;
• check thoroughly all documentation for the trip;
• keep control over the timing of advance payments for travel expenses.

Instructions for canceling business trips

Can I cancel my business trip? This question worries many employees. In the event of such an intention, he must notify the management in writing. In such a document, it is necessary to present weighty arguments,that influenced this decision.

How to refuse business trips for family reasons? In this case, it is necessary to draw up a written application and notify the employer of the problems that have arisen.

Details for disclaimer:

• application addressee;
• information about the applicant;
• document name;
• ground, reason for refusal;
• proposal to find a compromise and resolve the issue;
• date and signature.

Can I cancel a business trip for he alth reasons? In this case, the basis will be the presence of medical contraindications or illness of the employee in this period.

Reason for a contracted serviceman to refuse a business trip

It is known that the legislation regulates the procedure for military service. This was fixed on 1998-28-03 in Federal Law No. 53. Can an employee refuse to travel on a business trip while undergoing contract military service? Yes, he has the right to do so, but specific grounds are needed for such a statement:

• presence of an illness requiring inpatient treatment;
• poor he alth of dependent;
• in case of early completion of tasks;
• disciplinary violations during a business trip;
• if needed;
• extraordinary family circumstances that require the personal presence of a military member;
• other events andcircumstances that require the direct presence and participation of a citizen.

It is important to know that any refusal to travel for unreasonable reasons, as well as if the employee behaves inappropriately during the trip, will lead to an investigation into the cause of avoidance of direct duties and, accordingly, to the adoption of measures to impose punishment.

When drawing up an application for the need to reduce the duration of the trip, it is necessary to indicate the surname and initials, as well as the position of the fighter, in the header of the document. In the application itself, you must specify the specific reasons for reducing the trip period. The application is sent to senior management and submitted for consideration. Until approval is received, the soldier may not leave the duty station without permission.

When can you refuse a business trip?

It is impossible to evade a business trip in cases of disapproval of this action by management. Can I refuse a business trip if the employee has not signed an order to send him there? Definitely not, this is not a reason.

In addition, there are a number of situations in which even the presence of a good reason does not make it possible to refuse to travel for official purposes. For example, the presence of an emergency in an organization where the solution to the problem is concluded for the purpose of a business trip. Also, in a court proceeding to declare bankruptcy of an enterprise, if a specialist is sent on a trip to conclude contracts with new buyers, etc.

As for military personnel,then they are assigned a clause on strict secondment on orders from the commanding leadership.

Consequences

Responsibility measures for employees who refuse to go on a business trip for unreasonable reasons are enshrined in the Labor Code in Art. 192-193. These include:

• remarks;
• reprimands;
• dismissal from office.

Before assigning a punishment to an employee, the authorities must study and evaluate the weight of the arguments, as well as assess the damage to the company. The simplest form of punishment is a remark. It can be in written and oral form. But the reprimand may already be entered in the work book of the worker, which may adversely affect further professional activity.

Action plan for disciplinary action

In order to put a reasoned assessment of the misconduct and assign an appropriate punishment to the employee, you need to know on what basis you can refuse a business trip, and the manager must adhere to the following plan:

• determination of misconduct in writing;
• punishment can only be imposed within a month from the date of violation (sick leave, vacation are not taken into account);
• the term for holding an employee accountable should not exceed 6 months;
• consideration of an employee's written justification for canceling a business trip;
• only one pen alty can be imposed for one offense;
• the employee is given a two-dayterm so that he can familiarize himself with the order on the measure of punishment.

Often, as a punishment, managers reduce the amount of bonus to an employee who violated discipline, but only if this is stipulated in the contract. In this case, a memorandum or memo will be required from the manager, in which it is necessary to indicate the reason for the deprivation of bonus payments.

Disciplinary liability of military personnel is applied if there are legal or factual grounds. Sometimes such misconduct leads to the termination of the contract service contract. The reason is the complete or partial non-fulfillment of the terms of service.

Can I get fired?

How to refuse a business trip at work, will this not serve as a reason for dismissal? In the event of a one-time refusal to travel for official purposes, there are no grounds for terminating the employment contract. If the misconduct is systematic without good reason, then the dismissal of the employee is possible in accordance with Art. 81 of the Labor Code of the Russian Federation. An employee has the right to appeal such a decision to specialized authorized state bodies: labor inspectorate, CCC, court, etc.

It is important to understand that if an employee refuses to sign a travel notice, this will be a disciplinary offence. An unconfirmed claim by a worker that the amount of the advance for travel expenses is not sufficient will not be grounds for canceling the trip.

Conclusion

The Labor Code is far from an exhaustive document that regulates the relationship between an employee and a manager. But it contains a base of rules that both parties must comply with. For any specific disputable situation, there are at least 2-3 possibilities for its resolution. The best thing is to avoid disputes and conflicts, as well as to find a compromise. The employer must comply with the legal framework, creating favorable conditions for workers to travel. The employee, in turn, must understand that cunning and deceit are punishable, and it is better to perform their professional duties in good faith.