Each supervisor, on official need, sends his subordinates on business trips. Moreover, in practice, such situations often occur when a business trip falls on a day off, which makes the employer think about how much it will be necessary to accrue the employee wages for a given period and in the case when a person did not fulfill the duties assigned to him the indicated time, but was on the road.
Definition
A trip of an employee on official need to fulfill the assignment of the boss, which is carried out outside the permanent place of work, is called a business trip. At the same time, during the absence of an employee in the organization, his position and salary are retained.
In addition, before sending a person to carry out a job assignment in another locality, an order must be drawn up against him, with which the latter is introduced to the personnel department for signature.
Regulations
All organizations and enterprises that send their employees on business trips should be guided by the following legislative acts:
- Labor Code, in which Art. 139 defines the rules for calculating the average person’s income and the payment of a business trip on a non-working day.
- Decrees of the Russian Federation No. 749 and No. 922.
- Letters of the Ministry of Finance of the Russian Federation.
Features
Payment of a business trip on weekends will depend on whether the employee performed his duties during off hours or not. In the event that he did not work during the indicated period, then only expenses associated with rental housing, meals and travel will be reimbursed to him. If a person carried out his labor activity on a day off, then he will be entitled to double payment for this time or a day off.
In addition, payment of a business trip on weekends can be provided for in a collective agreement, as well as other local acts of the organization.
If the employee worked
In the event that a citizen who was on a business trip performed his labor duties on a day off, he has the right to compensate for this time as follows:
- Get double wages according to Art. 153 TC. In addition, in local acts of the organization, this amount may be increased, but only at the discretion of the head.
- Take an extra day off, but in this case, monetary compensation for work at the specified time will be reimbursed to the person only in the amount of average income.
- In addition, per diem for all the time spent on a business trip is charged to each employee.
Refund
When sending his employee on a business trip, the head must compensate him for all travel expenses, which include:
- the cost of the trip to the place of fulfillment of the production task and the return trip;
- for rental housing;
- per diem - a certain amount of money, which does not depend on the execution of the order of the boss;
- other cash costs, if indicated in the local acts of the enterprise.
The main goal of all payments is to ensure a normal life for an employee of the organization while he is in an unusual environment. Even if, on business need, a business trip fell on weekends, the per diem is paid for the entire period the person is outside the place of permanent labor activity, regardless of whether he worked or not.
Main document
An employee’s official trip during the non-working period should be properly documented, since the payment of a business trip on a weekend will depend on this.
Order (sample):
LLC ______________ (company name)
00.00.00 year city number ___________
"On a weekend trip"
In connection with the production necessity of the manager of the technical department Ivanov I.I. send on a business trip on weekends from ____ to _______ years with payment for the specified period in double size in accordance with Art. 153 TC.
Reason: note by the head of the sales department Petrov P.P.
Director _____________________ (Name)
Acquainted ____________________ (decoding of the employee's signature)
In addition, before sending subordinates on industrial trips during a non-working period, the manager must comply with the requirements of the law. It is also necessary to remember the condition of the Labor Code of the Russian Federation that women who are expecting the appearance of a child, as well as persons under the age of eighteen years old, cannot be sent by an employer to another locality due to official needs. Consent in this case is required from the following categories of citizens:
- single parents;
- women raising children under three years old;
- subordinates who care for the unhealthy members of their family.
All labor conditions are negotiated and agreed between the boss and the employee before the latter’s trip for official needs. After returning to the employee, the double payment of a business trip on a weekend should be compensated, an order for which must be drawn up by a human resources specialist in compliance with all the norms of the Labor Code of the Russian Federation and signed by the citizen himself.
Time tracking
Before the employee is sent on a business trip, an order is drawn up on him reflecting the fact that payment of a business trip on weekends will be made in double size. This is appropriately recorded in the report card.
The main code affixed in this document when a person is on a trip related to production needs is indicated by the letter "K" or the number "06". If the trip falls on a weekend, then this should be indicated by the designation "PB" or "03". This code is affixed to the time sheet even if the employee was on the way to the place of destination during the weekend.
Nuances
There are some features in the legislation with which payment of a business trip on weekends for employees of institutions and organizations may be related. The terms of official travel for civil servants are spelled out in Decree of the President of the Russian Federation No. 813. It allows these persons to return from a business trip even on weekends. In addition, labor activities carried out by civil servants during off-hours are reimbursed by him in double the average income or replaced by an additional day of rest.
For those citizens who work on a shift schedule, payment of a business trip on a day off is based on Art. 153 of the Labor Code. In this case, the calculation with them is as follows:
- if the business trip is on schedule, then in the amount of the average income of the employee;
- during non-working hours - in double size or an additional period for rest.
Payment of a business trip on a weekend can only be if it is indicated in the order and reflected in the time sheet.
On their own initiative
In the event that an employee arbitrarily returned from a business trip after the due date, used non-working days and provided the boss with tickets with dates that did not coincide with those specified in the order, the manager may not pay the employee expenses for them. Payment of a business trip on a weekend by letter of the Ministry of Finance dated 06/20/2014 is fully taken into account in the taxation of the organization and is included in its current expenses, accordingly, it must be confirmed by travel documents duly executed.
Was on the road
If the employee who was sent on a business trip is on the way to the place of execution of the production order on a weekend or holiday, then this time should be paid in double amount. Because the performance of work in the specified period, according to Art. 113 TC, is prohibited and can be carried out only in case of emergency or official need.
In addition to the fact that payment of a business trip on a day off on the way must be made at least twice (according to Art. 153 of the Labor Code), the employee must also be paid a daily allowance for this time, which amounts to 700 rubles in 2016.
Arbitrage practice
Currently, citizens are increasingly trying to assert their rights in higher authorities. Before going to court, many employees try to negotiate with the employer and resolve all issues peacefully. But, as practice shows, this is an unsuccessful procedure.
Civil case example:
Due to official necessity, the citizen was forced to go on a business trip on a day off. At the same time, the employer compiled an order in which all the main points concerning this trip were prescribed, indicating that according to Art. 153 of the Labor Code, the employee will receive double payment for this period of time.
During the return from a business trip, a bus broke down on the road, on which a subordinate was riding. There was no connection, and it was simply impossible to report this to the chief. On the indicated day, the employee did not arrive at the organization and did not report, since he did not have the opportunity to do so. The head dismissed him for absenteeism without finding out the reasons, which violated the labor law. A citizen was forced to go to court.
It follows from the case that the employee provided all evidence that he was on the road at the indicated time and confirmed this with travel documents. In addition, he performed a job assignment after hours because he had a business trip on weekends. Payment for this is doubled from the average income, which was not done by the employer, because the employee was simply fired for absenteeism.
The court agreed with the applicant’s arguments, declared his dismissal unlawful and reinstated at work, as well as entrusting the head with responsibilities for reimbursing official expenses and forced absenteeism. In addition, the decision indicated that a business trip on weekends, payment for which is due to the employee in the amount of doubled income, should be carried out only with the consent of the person himself, unless there are legal grounds specified in Art. 113 of the Labor Code of the Russian Federation.
The following example:
A citizen appealed to the court to invalidate certain regulations that restrict the rights of employees sent on business trips on weekends.
Representatives of the Ministry of Labor of the Russian Federation were opposed to meeting the applicant's requirements, pointing out that these documents do not contradict the norms of the Labor Code, because an employee who leaves for a business trip on a non-working day, upon return from it receives double payment for this in accordance with Art. 153 of the Labor Code.
The court decided to refuse the lawsuit, indicating that when the employee is sent on a business trip, the head relies on the norms of the Labor Code of the Russian Federation, which does not violate the rights of subordinates. The citizen was dissatisfied with this decision and appealed it to a higher court.
This example shows that the employee is not always satisfied with only double payment of business trips on weekends. Judicial practice shows that with numerous appeals of citizens on this issue, they would like an increased amount of compensation for work outside the working hours, as well as an extra day of rest, which contradicts the norms of Art. 153 of the Labor Code of the Russian Federation.