What is a business trip: concept, definition, legal framework, Business trip regulations and registration rules

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

Business trips are business trips during which important work tasks are solved by hired specialists of the company. They can be short or long. Each employee should know what a business trip is, how it is properly processed and paid, and what difficulties a specialist may face.

Concept

To understand what a business trip is, you need to study the Labor Code well. It indicates that she is represented by a business trip intended for important work assignments.

The head of the company independently decides on the need to send an employee to another area to perform various tasks. Most often, the procedure is performed for negotiations with representatives of other companies, the purchase of equipment or the signing of contracts.

If the labor duties of a person are directly related to frequent trips and movements, then such actions are not business trips.

Nuancesdecorations

Each employer should know what a business trip is in order to correctly arrange it. The rules for this process include:

• a business trip is issued exclusively for employees officially employed by the company;
• a hired specialist can refuse to travel only if he has good reasons or such an opportunity is prescribed in his employment contract;
• the employer is obliged to warn employees in advance of possible trips;
• It is not uncommon for an employment contract or an additional agreement to it to specify that a hired specialist can refuse to travel without negative consequences represented by disciplinary liability, for example, if he is ill or has to look after relatives.

If the business trip is not properly executed or paid, then this is the basis for filing a complaint with the labor inspectorate by a hired specialist.

Who is not allowed on business travel?

In the Russian Federation, business trips are used by managers of different companies quite often, which allows solving various work issues. However, not all employees are eligible for business travel, so the following employees are not eligible for this procedure:

• pregnant women;
• employees with children under three;
• parents who are raising a disabled child.

According to the law, the existence of reasons such as the wedding of a child or the death of a relative cannot be the basis forofficial cancellation of the trip. But if there is a good relationship between the employee and the head of the company, then usually the director decides to postpone the trip or choose another specialist for it.

If, without good reason, a citizen refuses to travel, then this is the basis for imposing a fine or even forcibly dismissing a hired specialist.

Who can be sent on a trip?

An employer can send employees on business trips who usually work in the company on a permanent basis and perform the same type of tasks. Most often, the procedure is performed by engineers, sales managers or even accountants.

If initially the nature of the work of a specialist is associated with constant traveling, then a business trip is not issued for him. This includes couriers or truck drivers.

If an employee works at home, then he can go on business trips in the general manner, as indicated in Art. 310 TK. The procedure is performed exclusively in relation to employees working in the company's staff. It is not allowed to involve specialists on business trips with whom a civil law contract has been drawn up.

Trip time

A business trip of an employee can last a different amount of time, so the head of the company can set any period for such a trip. To do this, it takes into account how much work will be performed, as well as what difficulties the specialist may face.

There is no information in the legislation about whatmaximum travel time. Therefore, it is allowed to send a citizen to another city to solve various problems for several years. A business trip is represented by a trip that lasts more than one day, so if all work issues are resolved within a day, then such a trip is not considered a business trip.

Drafting travel regulations

When sending a specific specialist on a business trip, it is important to draw up certain official documents by the head of the company. To do this, a special provision is first drawn up in the company, in which the following data is entered:

• purpose of work trip;
• the place where the job duties of the selected employee will be performed;
• business trip time;
• accompanying documentation given to an employee of the organization;
• salary, daily allowance and other payments;
• other information that is mandatory for the employee.

It is with the help of the information contained in the position that one can solve numerous issues that arise during the execution of the task. Documentation is prepared by HR staff.

During the trip, it is important to resolve financial issues, for which the necessary funds are allocated by the accounting department, after which payment information is entered into the position. It is signed by the head of the company. The position in each company can be drawn up in any form.

What documents are being prepared?

Forsending an employee on a business trip, it is necessary to prepare certain documentation for the head of the company. It includes the following papers:

• Service task. First, the head of the department in which the hired specialist works forms a memo sent to the head of the company. It indicates the need to send an employee on a business trip. Additionally, the purpose of this procedure and the duration of the trip are indicated.
• Order for a business trip. On the basis of a job assignment, an order is issued by the head of the company. It indicates which employee of the organization should go on a business trip to resolve specific issues.
• Travel certificate. It is transferred to the selected hired specialist. This document is marked after the completion of each assigned task, as well as upon arrival or departure from the place of stay. It is not required to generate this document if a citizen is sent to a foreign country.

Already after the end of the business trip, the citizen consults the corresponding report. It indicates whether the specialist completed all the tasks set by the head of the company.

Rules for making directions

A job assignment is an important document that specifies exactly what tasks a specialist should perform, who will be sent on a trip, and how long the trip will last.

The direction on a business trip is transferred against signature to the selected employee. He should study this document well to determine if he canwith assigned tasks. The documentation is signed by the head of the company, after which preparations for the business trip begin. A sample service assignment is below.

How to renew?

It is not uncommon for an employee to fail to complete assigned tasks within a limited period of time. In this case, by phone or using other forms of communication, an extension of the trip period is agreed with the head. In this case, the employer does the following:

• a new travel regulation is drawn up, which indicates the reason for the extension of the trip;
• an order is issued stating the exact date when the worker will be able to return home.

A sample order for a business trip can be studied below.

How to cancel?

Often there is a situation when there is no need for a business trip. If at the same time all documents have already been prepared, then it is necessary to officially cancel the trip. To do this, the employee is notified in writing of the cancellation.

Next, an order is issued that cancels the previous order, and the reason for making such a decision is written in it. If funds represented by travel expenses have already been transferred to the citizen, then this money is returned by the citizen.

How is the report card?

Any organization is required to keep a time sheet. The procedure is usually performed by the heads of different departments. Separately, the report card notes that a particular specialist wassent on a business trip. Based on this information, a competent calculation of the employee's salary is made.

In the report card, the presence of a person on a business trip is marked with the letter "K". Additionally, all days of absence of a citizen from the workplace are affixed.

Payment rules

Paid by the manager during a business trip, hotels, meals and other expenses of a hired specialist. Therefore, an employee can count on the following types of payments:

• salary for all days during which the citizen was on a business trip;
• per diems, the main purpose of which is to pay for meals and accommodation;
• payment of other expenses incurred by the employee while working in another region.

The head of the company at the time of issuing an order, on the basis of which a hired specialist goes on a business trip, must write out a special statement. It is according to this document that an advance is issued to the employee. The amount of this payment should approximately equal the citizen's daily expenses for accommodation and food. Advance payment can be provided in cash or non-cash form.

It is allowed not to issue an advance, so the employee spends his own money during the trip. After that, they collect all payment documents, on the basis of which compensation is paid by the head for food and accommodation on a business trip.

Purpose of payments

When calculating a business trip, all expenses that an employee will have to bear during a business trip are taken into account. Therefore, each payout has its own nuances:

• Travel allowances. They are represented by the citizen's salary for all days of the trip. The calculation takes into account the date of departure for the trip, as well as the day of return. To determine the optimal amount of payment, the average daily earnings of a specialist in the company are preliminarily calculated. A business trip on a weekend is not paid, so it is important to calculate the number of working days during which a citizen was on a trip. If he was forced to work even on weekends, and he also has relevant evidence, then he can demand payment even on a weekend.
• Daily allowance. They are represented by compensation for expenses incurred by the employee during meals and accommodation in another region. The employer independently determines the amount of this payment. To do this, it takes into account which region or country the employee is sent to. Usually daily allowances vary from 1 to 2 thousand rubles. If the amount when traveling in Russia does not exceed 750 rubles. or when traveling to another country for 2.5 thousand rubles, then it is not subject to taxation.
• Trip expenses. From the budget of the organization, the employee is reimbursed for all expenses that he is forced to bear in the process of performing official duties in another region. This includes buying tickets for public transport, renting accommodation, or other expenses. In each case, the amount of the payment will be different, as it is calculated on an individual basis.

To receive all payments, the employee must draw up a specialreport. It indicates all expenses incurred, which must be confirmed by official checks, invoices or other payment documents. If a person worked on Saturday or Sunday, and can also prove this fact, then a day off on a business trip is paid based on the average daily salary of a specialist.

Features of business trips abroad

Solution of various tasks can be carried out not only in Russian regions, but even in other countries. Sending an employee on a business trip abroad has some nuances. These include:

• Daily allowances are issued in the currency accepted in the selected state, but they must be converted into rubles at the rate in force at the time of issuance of funds;
• so that daily allowances are not subject to personal income tax, their amount per day cannot exceed 2.5 thousand rubles;
• the day the Russian border was crossed is included in the period of a business trip;
• wages paid to a citizen who is in another country for work is income received from a Russian source.

If the duration of such a trip is short, so the person remains a tax resident, then the standard rate of 13% is used to calculate personal income tax. If the status of a resident has been lost, then a rate of 30% is applied during the calculation.

The nuances of sending employees on business trips

All employers and direct employees should understand whatsuch a business trip, how it is issued and paid. The main features of this procedure include:

• if a citizen was forced to work on a trip on holidays or weekends, then double payment is assigned to him;
• with payments transferred to the employee, personal income tax and insurance premiums must be paid, but this does not apply to daily allowances if their amount does not exceed 750 rubles. when traveling in Russia;
• it is not required to transfer per diem to a hired specialist sent on a one-day business trip, but only if he goes to another city in the country, and not to another state;
• if the trip is abroad, then even if only one day is spent on it, 50% of the daily allowance is paid;
• day routine and work on weekends is negotiated between the two participants in the employment relationship separately.

Often, business travel leads to career advancement and pleasant experiences for employees.

Conclusion

Business trips are meaningful business trips that address important issues for any company. Employers should know how to arrange and pay for such a trip.

Employees can claim compensation from company managers for all costs incurred. To do this, they draw up a special report, as well as prepare supporting payment documents.