Business trips are forced business trips during which employees of different companies solve important tasks for the enterprise. They are usually intended for signing contracts with contractors, checking the work of the branch or purchasing various equipment. The employer sends on business trips various employees of the company who possess the necessary knowledge and skills. But this raises the question of whether an employee can refuse a business trip. To do this, there must be only good reason, confirmed by official documents.
Legislative regulation
Many employees of large companies think about whether the employee has the right to refuse a business trip. This is due to the fact that in such organizations it is often required to send employees on business trips. If a citizen really plans to refuse a business trip, then he should be guided by the requirements of the Labor Code.
Based on Art. 166 TC a business trip is represented by a business trip in which the tasks of the head of the company are carried out. But sending on such trips is allowed only on condition that it was stipulated during the employment of a citizen. Therefore, travel information should be included in the employment contract.
Can an employee refuse a business trip?
If the employment contract contains information that the employee, if necessary, can go on a business trip, as he gave his consent, the refusal to travel is the basis for bringing him to disciplinary action. Employees must strictly follow the requirements of the head of the company, therefore, if necessary, must leave their main place of work to fulfill their duties in another city.
But at the same time, there are certain situations when a citizen cannot fulfill the task of a leader for good reasons. They can be represented by the need for treatment or a wedding. In this case, the employer will have to choose another employee for the trip.
Can an employee refuse to travel to another city if the date of the trip coincides with his birthday or wedding anniversary? Such reasons are not valid, therefore, the decision depends only on the management of the company.
If there is a good relationship between the head of the company and the employee, then the director can choose another employee for the trip. But his refusal will not be a violation of the law, so a citizen will be forced to perform work duties in another region on his birthday.
Nuances for the military and police
In Art. 28.5 of Federal Law No. 76 “On the status of military personnel” indicates that it is impossible for various non-essential reasons to cancel a business trip to which the military or police are sent. But there are some exceptions. The order of the Ministry of Internal Affairs states that the trip can be canceled if there are good reasons:
- the employee gets sick, so he needs surgical treatment;
- a close relative presented by a dependent of the employee becomes ill;
- other family problems arise in which a citizen must be present in the city.
In order for a military or police officer to be able to refuse a trip, he needs to submit an appropriate report to the commander, and then wait for a decision. Documents confirming the presence of good reasons for making such a decision are attached to the report.
Do I need to get an employee’s consent to a business trip?
Every employer should know if an employee can refuse a business trip for more than 40 days. This is only possible with good reason. In Art. 113 of the Labor Code states that before sending an employee on a trip, it is important to obtain his consent to this process if the departure coincides with a holiday or a day off.
It is not allowed to send pregnant women or workers with children, whose age has not reached three years, without the consent of the trip.
Each hired specialist must be warned about the trip in three days. To do this, a written notice is given to him, and he also gets acquainted with the order for signature. If a citizen refuses a trip without good reason, then this is a disciplinary violation. Therefore, it is even allowed to dismiss an employee for this.
Who can’t be sent?
Can an employee refuse to travel for more than a month without good reason? There are some employees who can refuse to travel due to their status. These include the following persons:
- minor employees;
- pregnant employees;
- women raising children under the age of three;
- citizens with dependent children with disabilities;
- caregivers for close family members with serious illnesses;
- people raising children under 5 years old alone;
- Persons with serious diseases requiring constant monitoring by medical personnel.
Can an employee refuse to travel if he is in the above categories? Under such conditions, it is enough for him to only transmit documents confirming his status to the employer. For such a refusal, the employer cannot hold the hired specialist accountable.
Good reasons for rejection
If a company employee does not want or cannot go on a business trip, the refusal is permitted only by the presence of good reason. These include:
- need for treatment;
- significant family circumstances.
Can an employee refuse a business trip? This is permitted only with official documents confirming that the employee really has good reasons for this.
Family Failure
Many company employees think about whether an employee can refuse a business trip. The reasons for this should be really compelling. The most common denial is due to specific family circumstances. These include:
- illness of children or other relatives who are dependents of a citizen;
- the need to care for young children or children with disabilities;
- the employer wishes to send an employee raising a child under 5 years of age on a trip alone, which is a violation of the law if the employee refuses a business trip.
Employees must ensure that the employer receives evidence of good reason. To do this, they prepare official documents confirming that the refusal is due to significant family circumstances. This includes various medical certificates, child birth certificates, or other documents.
Can an employee refuse to travel for health reasons?
If an employee of the company falls ill, so he needs surgical treatment, then he can refuse a business trip. To do this, he must have a certificate from the attending physician, which indicates that it is necessary to hospital treatment.
Additionally, employees can rely on the cancellation of a trip under the following circumstances:
- the citizen has a chronic disease, therefore, due to his health, he cannot go on long trips or even visit certain places where negotiations are planned;
- the employee is disabled, so if sending him on a business trip will violate the individual rehabilitation program, then, by law, the employer must choose another employee for this work;
- a trip is planned for a pregnant woman, and for refusal, the employee should give the head of the company only a certificate proving that she is registered in the antenatal clinic.
If the employer, even if there is good reason, insists on a business trip, the employee can apply for help to the labor inspectorate. If the head of the company dismisses an employee for refusing, then under Art. 259 of the Labor Code through a court, a citizen can be reinstated and hold the director accountable.
Can an employee refuse to travel for health reasons? If he really has official documents proving his health problems, then his refusal will be legal. However, the employer will not be able to punish the employee in any way.
What to do if too little money is allocated for the trip?
Often, employees of different companies have to face the fact that the management allocates a small amount of money for the trip, which is not enough for living and meals, as well as for solving other important tasks during the trip.
The hired specialist is not obliged to pay expenses with personal money, therefore, if there is a small daily allowance, he can refuse to follow the management order. Additionally, the trip may not take place if the employee is not notified in advance or the director does not issue a corresponding order.
Can an employee refuse a business trip on a day off? If the trip is scheduled for the weekend, then the refusal is legal, so the employer will have to postpone the departure for a working day.
Failure Rules
If the employee decides to refuse the trip, as he has a good reason for this, then the following actions are performed:
- initially it is necessary to verbally convey to the employer that a citizen cannot go on a trip for various reasons;
- if the director still insists on a business trip, a written refusal is prepared indicating the reason;
- evidence of the existence of a good reason, submitted by medical certificates, birth certificates or other papers, is attached to this document.
Often, employees use far-fetched reasons to refuse a business trip. If they transfer false documents to the employer, then such actions may be the basis for bringing not only to disciplinary liability, but also to administrative. Usually, employers who identify such actions on the part of their employees make a decision on their dismissal.
If an employee makes an official marriage, then he may by law require the head of the company to provide 5 days of unpaid leave.
The consequences of an unreasonable refusal
If an employee refuses a business trip without good reason, then only the employer can decide on what penalties to apply to him.
If there is no good reason for refusing, then a remark or reprimand may be used. According to the law, the head of the company may even dismiss an employee for such a decision.
Conclusion
Business trips are important business trips designed to solve numerous work tasks. But often the employee is forced to abandon the trip, which is allowed only if there are good reasons.
If the refusal is not substantiated by substantial grounds, the employer may dismiss the employee.