03.07.2019
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4 min.
An employee’s right to rest is inalienable and protected by law. There are situations when, in the interests of the enterprise, it is necessary to interrupt the current weekend and send an employee on a trip on company business. If a business trip is unavoidable during vacation, the HR department and accounting department should know how to arrange and pay for it. This must be done with caution, strictly observing the nuances of the procedure according to programs and documents. Otherwise, the company cannot avoid fines and unpleasant inspections by the relevant authorities.
Recall from vacation and going on a business trip
Regardless of the type of leave, recall of an employee is possible only if he has his consent to the procedure. Dismissal for refusing to go to work or go on a business trip during vacation is regarded as a violation of labor law.
Depending on the circumstances, when calling an employee on a business trip from vacation, various options and features are taken into account:
| The nuances of the call depending on the characteristics of the rest | Annual regular | Additional | Training |
| Features of appointment and employee rights | Within the framework of Art. 115 of the Labor Code of the Russian Federation, every employee performing his or her job duties under an employment contract has the right to annual paid leave in the amount of 28 calendar days. When concluding a contract, leave can be increased at the initiative of the employer. | Appointed under Sec. 19 of the Labor Code of the Russian Federation, in the case of labor activity in hazardous and hazardous industries, labor activity falls into the category of special working conditions, as well as for workers with irregular working hours and in the conditions of the Far North, etc. The duration of rest varies from three to seven calendar days, depending on the characteristics of the work, and its period can be increased by an employment contract at the initiative of the employer. | Provided to employees under Art. 173 of the Labor Code of the Russian Federation and ranges from 15 to 50 calendar days, depending on the specialization and direction of study, as well as on the level of future education. Longer vacations are granted upon admission to universities. |
| Compensation | This is allowed if the employee has taken the required 28 days off, but under the employment contract he is entitled to longer periods. When an employee is recalled from such leave, the part not taken off can be replaced with monetary compensation. Otherwise, it is allowed either to provide the unused portion in the current year or to transfer it to the next one. | In the case of irregular working hours, it is allowed to replace part of the vacation with compensation payments, provided that this part exceeds three days. In the case of hazardous industries, the mandatory portion is seven days. After this period, the employer may insist on compensation and recall the employee from vacation to go on a business trip. | Do not apply, because The duration of the vacation is established by a letter of invitation from the educational institution. Moreover, an employee cannot be recalled from study leave. |
| Is consent required? | Mandatory consent to a call from vacation on behalf of an employee of the organization is required. | The employee’s consent is required, but registration occurs differently than with annual main leave: the employee can write an application to replace part of his leave with monetary compensation and go to work. After this, the employer can send him on a business trip. | It is impossible to call an employee back from study leave, even if he agrees to carry out this procedure. |
Labor legislation allows employees on vacation to be sent on a business trip if such assignment is caused by an urgent need of the organization, but the target direction of the vacation from which the employee is called is also taken into account.
The possibility of this
Providing basic and additional leaves is the responsibility of the management of each enterprise. For the entire period of leave specified in the order, the following rules apply:
- the employee is guaranteed to retain his job and average earnings;
- according to the rules of Art. 125 of the Labor Code of the Russian Federation, a specialist can be recalled early from vacation only with his consent;
- Even with consent, revocation will not be possible in relation to pregnant women, minor employees, as well as citizens whose work activities are associated with harmful or dangerous factors.
These rules are of significant importance for the registration of business trips, since during the vacation period it is not allowed to involve citizens in work in any form.
Consequently, an order to be sent on a business trip can be issued only after prior recall from vacation and with the consent of the specialist.
The procedure for implementing labor relations when sent on a business trip is regulated in Art. 166 Labor Code of the Russian Federation. Even if there is an urgent business need, it is impossible to send a vacationer on a business trip, since management cannot influence the manner in which vacation time is used.
If a specialist refuses to interrupt his vacation early, issuing an order to send him on a business trip will not entail legal consequences. An employee’s refusal to travel on a business trip will not constitute a violation of labor discipline and will not entail disciplinary measures.
Can they be sent on a business trip when the employee is on vacation?
Within the framework of labor legislation, an employee of an organization can be recalled from vacation and sent on a business trip, however, all these processes occur with the consent of the employee of the enterprise.
The employee’s recall is formalized by the employer as an order, followed by the attachment of a statement from the employee agreeing to interrupt his vacation and go on a business trip. This is followed by the recalculation of vacation pay, as well as the accrual of travel and daily allowances.
Based on these documents, changes are made to the vacation schedules of other employees. Features of documenting the entire procedure are prescribed in Government Decree No. 749 of October 13, 2008. This legal act establishes that the purpose of a business trip is determined by the employer or the head of the business trip, and he also draws up the terms of reference for the duration of the business trip. Next, the length of stay of the employee on a business trip, the amount of daily allowance and advance payment are calculated.
Upon returning from a business trip, the employee presents to the employer all receipts confirming the expenses incurred. Based on these data, the final calculation of waste and accounting is carried out.
Business trip during maternity leave
Parental leave is a component of maternity leave, which is divided into rest before childbirth and rest after childbirth. It is legally prohibited for pregnant women to go on business trips, so before the child is born, sending them on a business trip from vacation is impossible.
After an employee gives birth, the employer can issue her recall from leave only if the woman agrees to this. To confirm consent, a corresponding notice is sent to the employer; it also contains information about how further rest time will be distributed. In addition, the medical opinion on contraindications for business trips is also taken into account.
Before the actual recall, the employee is read her rights, establishing the possibility of refusing to comply with the employer’s order within the framework of Art. 125 Labor Code of the Russian Federation.
What does the law say?
An employer must provide its employees with paid leave every year. This is stated in Art. 114 Labor Code of the Russian Federation.
What a business trip is is discussed in Art. 166 Labor Code of the Russian Federation.
This is the departure of an employee to another area to perform his immediate job duties, but strictly by order of the employer. Another locality is an area outside the municipality where this employee works.
While an employee is on his legal leave, the employer cannot send him on a business trip without obtaining his consent.
Only the employee has the right to dispose of his leave at his own discretion.
In order to send an employee on a business trip, the employer must interrupt his vacation, that is, issue a recall.
How to apply
The employer is responsible for formalizing the recall of an employee from vacation and sending him on a business trip, but in some cases the initiator of the call is the employee himself.
To issue a recall and send an employee on a business trip, the employer must:
- Create a business trip clause that includes all information related to the trip.
- Notify an employee who is on vacation.
- Obtain consent to recall from vacation.
- Register an order to recall a specific employee from vacation, and also generate an order to send him on a business trip.
- Continue to act within the framework of labor legislation.
If the employer and employee mutually agree on the need to go on a business trip during the vacation period, the most important document is the employee’s consent and the order to recall him.
The order must contain the following information:
- reasons for interrupting the employee’s rest time;
- the time period for which the employee of the organization is responding;
- duration of the business trip;
- the further fate of the rest of the vacation.
Extension of vacation
An unused or interrupted rest period should be transferred to another convenient time. This rule is enshrined in Art. 124 of the Labor Code of the Russian Federation. For example, they extend the current vacation if possible and convenient. If necessary, it is transferred (attached to another annual).
Attention! By agreement, unused days can be compensated. However, there are many limitations to consider here. For example, payment is made only for periods over 28 days.
An extension that goes from a business trip to a vacation is the most popular and easiest way. The employee rests longer for exactly the number of days for which the trip was booked.
Calculation of payments for business trips while on vacation
First, you need to calculate the amount of refund from previously paid vacation pay and only then - payments from the employer for a business trip.
To calculate the refund amount, you must use the following formula:
SDZ ×Days until the end of vacation=Amount to be returned to the organization’s accounting department
SDZ - Average daily earnings, it is calculated to determine the amount of vacation pay.
To calculate the funds provided to an employee due to a business trip, several accrual methods are used depending on the type of payments:
- Daily allowance.
- Business trips.
Daily payments consist of:
| Name | Characteristic |
| Daily allowance | They are paid in the amount necessary for life, taking into account each day an employee of the enterprise is on a business trip. In accordance with Art. 168 of the Labor Code of the Russian Federation, the amount of payments is determined by the employer, but they should not be less than the actual expenses incurred by the employee. |
| Fare payment | The direct responsibility of the employer, since it is on the instructions of the manager that the employee is forced to go on a business trip for a long time. Payment also occurs if the employee has not fulfilled the duties assigned to him. |
| Payment for accommodation | It is calculated based on the data provided by the traveling employee - a receipt for payment for a hotel room or a rental agreement for an apartment. |
| Additional expenses | Any expenses associated with the execution of a travel assignment. |
Travel allowances, unlike daily allowances, are determined much more complexly using special formulas.
So, to determine the amount of travel payments, the employer uses the following formulas:
- Calculation period - Days without work = Actual days worked; the calculation period is the previous 12 calendar months before the date of calculation; days without work - any vacations, sick leave, downtime, etc.
- All income including personal income tax - social payments = Earnings for the billing period Social payments - sick leave, financial assistance, etc.
- Earnings for the billing period /Actually worked days×Days on a business trip=Amount of travel allowances
If, for some reason, travel payments are lower than the employee’s salary, the employer makes an additional payment up to the actual average daily earnings. Many employers do not bother employees with returning previously paid amounts, counting them as a travel advance.
