Often, employers need to formalize the recall of employees sent on a business trip for various reasons.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
8 (800) 700 95 53
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
Let's consider what legal acts regulate this issue, what documents are needed for registration and in what cases a need for revocation may arise.
Legislative framework for business travel
| The legislative framework | What is it intended for? |
| Decree of the Government of the Russian Federation No. 749 of October 13, 2008 “Regulations on business trips” | Based on this provision, the employee is sent on a business trip |
| Chapter 24 of the Labor Code of the Russian Federation | This chapter describes the rights of a posted employee |
The legislation of the Russian Federation does not provide for more than one normative act on the recall of an employee from a business trip.
Each enterprise must develop its own regulations for recalling an employee from a business trip, according to which this procedure will be carried out.
In what cases is it compiled?
The legislator does not prohibit the management of enterprises (organizations) from prematurely stopping employees’ trips to perform work functions other than their place of permanent work, even if there is an unfinished task established in the order of assignment.
However, for consistency of actions, if it is necessary to recall an employee from a business trip, the presented procedure should be prescribed in advance in local regulations.
An important point in the recall is the need to have a reasoned, compelling reason underlying the early termination of a business trip for the employee to perform official duties away from his permanent place of work.
Despite the lack of legislative support, the list of reasons why it is possible to recall a posted worker from a business trip is determined by official practice:
| Dependent on the employee himself | Provoked by circumstances beyond the employee’s control |
Family circumstances. These include:
| The need to be present at a permanent workplace. Such circumstances may occur depending on the production characteristics of the enterprise (organization) where the business traveler is employed. |
| Illness of a business traveler. It is important that a disease arising during the performance of a work assignment outside the place of permanent work should lead to temporary loss of ability to work. Moreover, if the employee himself expresses a desire to complete the task assigned by the assignment order, the work trip is not interrupted. | Force majeure situation. The definition of this concept is enshrined in the Civil Code of the Russian Federation. Such circumstances include natural disasters, martial law, intensification of terrorism in the place where the employee is sent, emergency situations, etc. It is important that such reasons are considered significant for making a decision on early termination of a business trip if there is a threat to the life and health of the employee, a direct obstacle to the latter’s performance of his work duties. |
| Dismissal. The grounds for termination of the employment contract do not matter (may depend on the employee or other circumstances). Even in the absence of the consent of the management of the sending party, the employee stops his work trip from the moment of dismissal. | |
| Early completion of work. The period given to the posted employee to complete the assigned task is calculated based on the complexity of the tasks. If an employee needs less than the allotted time for travel, he can agree with his superiors on an early return to his main place of work. |
How to issue an order?
The decision to terminate a business trip early and recall an employee from it is made on the basis of specific circumstances in each individual case and is formalized by a separate order from the manager.
Recall from a business trip can be final or temporary (if the circumstances that formed the basis for the early return to the main place of work cease, the employee can be sent to complete the task established by the order of assignment).
The revocation order must comply with the general requirements of the instructions for office management of the enterprise (organization) and consist of:
- headings (name of the sending organization indicating details, information about the order (date, number), short essence of the order (for example, about recall from a business trip);
- main part (data about the employee (full name, position), information about the assignment order (number, date), purpose of the trip, expected duration of the work assignment, reason for early return);
- ascertaining part (an exact order to terminate the business trip and recall the employee, indicating the date of the employee’s return, appointing a person responsible for the execution of this document, an order for the accounting department to carry out recalculation and settlement with the employee recalled from the business trip, indicating the deadlines, the grounds for issuing the order (service memo)) ;
- date and signature of the manager.
An example of an order to recall an employee from a business trip -.
This is what the sample looks like:
How and when is recall from a business trip possible?
The procedure for recalling an employee from a business trip begins with the head of the department, who assesses the entire current situation and, after analyzing it, writes a memo addressed to the director of the enterprise about recalling the employee from a business trip due to production needs.
Based on this memo, the director of the enterprise already makes a decision to recall or not recall this employee from a business trip. Sometimes there are cases when consultation with representatives of the receiving party is necessary. The head of the enterprise independently makes a decision on how valid and justified the reasons for recall from a business trip are. After some time, the manager can restore the business trip.
After the memo has been drawn up and presented to the director for review, and the director has made a positive decision, then his visa must appear on the memo, namely: “I do not object.” After which the memo is sent to the personnel department in order to draw up an order for recall from the business trip.
According to current legislation, it is prohibited to make any changes to business trip orders. To recall from a business trip, there are two ways to resolve this issue:
- Reduce the duration of a business trip and recall from a business trip with one order;
- Separately issue an order to reduce the duration of the business trip and then draw up an additional document on recall from the business trip.
There is no established form for issuing an order, so it is drawn up in any form based on a memo from the head of the department. After the order is signed, the head of the unit informs his subordinate, who is on a business trip, about this. You can inform the employee:
- By fax;
- By email;
- By courier;
- Another way.
Regardless of which method the manager chooses, the main thing is that the employee must receive a copy of the order and it must be signed.
There is also a slightly different option, with the help of which an employee who is on a business trip will be informed about the recall from the business trip. This is sending a copy of the order to the receiving party, where it will be handed over to the posted employee for signature. The order must be registered in the prescribed manner, namely, registered in the order register.
Submitting a review from vacation to a business trip
Termination of leave for the specified reason is possible. But termination of vacation must be justified for serious reasons. The end of the vacation ahead of schedule is reflected in the document confirming the assignment on a business trip. In this case, the employee cannot refuse and is obliged to interrupt the vacation.
Sample order for recall from vacation due to a business trip
Both decisions should be made in one document. There is no reason to split them up. The form is correctly drawn up. It complies with the law and business rules.
What could be the reasons for recall from a business trip?
An employee may be recalled from a business trip only for compelling reasons. Reasons may be:
- Respectful, which comply with current legislation;
- Respectful, by decision of the director of the enterprise.
Good reasons that comply with current legislation include:
- Illness of a posted employee who has issued a certificate of incapacity for work;
- The posted employee has written a letter of resignation, thereby he ceases to carry out assignments on the business trip;
- Certain circumstances that affect the performance of the task.
Valid reasons, according to the decision of the director of the enterprise, include the following reasons:
- Recognition of the employee’s presence at another enterprise as inappropriate;
- The posted employee completed the assigned tasks ahead of schedule;
- For family reasons, for example, wedding, birth of a child, illness of a loved one, death, etc.
- At a permanent place of work, tasks have appeared that are considered more important than tasks on a business trip.
The employee’s consent to recall from a business trip due to business needs is not required. The director of an enterprise can independently determine the duration of an employee’s stay on a business trip, and this will not contradict current legislation. The employer can recall an employee from a business trip on any day, even if there is one day left before the end of the business trip.
Upon returning from a business trip, the employee must familiarize himself with the order against signature, if he agrees.
Causes
There are many reasons for recalling a working citizen from a business trip:
- Personal or for family reasons. The employee first informs the employer of his circumstances, preferably in writing. Valid reasons include: death or birth of a loved one, wedding or illness of a relative.
- Execution of a task ahead of schedule. The employee informs the employer about the completion of his function on a business trip and asks permission to return. The employer issues a corresponding order -.
- Necessity of presence at the workplace or production necessity. Under such circumstances, management has the right to postpone the employee's trip. The order is compulsorily executed by the employee and he returns home.
- Upon dismissal. When a decision is made to dismiss, the business trip is immediately interrupted by order. The grounds here may also be different: the initiative of the employee, the employer, or circumstances beyond the control of the parties. That is, the employee decided to leave on his own, the employer had compelling reasons to fire the employee, or, for example, the posted employee died.
- In case of illness. It is permitted to complete the trip under such circumstances. However, proof of illness is required, that is, a certificate of incapacity for work. If an employee becomes ill, he must go to a medical facility in person or call an ambulance. Based on the certificate of incapacity for work, the employer issues a recall order, and the employee can go home. In practice, sick leave is issued after closing. Therefore, in such circumstances, recall occurs upon verbal notification of the fact of the disease.
- In cases of force majeure and other compelling reasons.
If it is necessary to recall an employee from a business trip, many HR specialists are lost. After all, the legislation only regulates sending people on business trips.
Important! Management has the right to resume a business trip after some time on personal initiative and with the consent of the employee himself.
Table indicating the reasons and need for recall:
| Causes | Is it necessary to recall? |
| Family circumstances | By decision of the manager |
| By necessity | |
| Disease | Required if you have a sick leave certificate |
| Dismissal | Necessarily |
| Force majeure circumstances | Mandatory if there is a threat to life or health |
Documents drawn up upon recall from a business trip
Before recalling an employee from a business trip, it is necessary to draw up a number of documents, namely:
| Document type | Description of the document |
| Service memo | This document is the basis for recalling an employee from a business trip. |
| order | This document is drawn up in any form and must be registered in the order register |
Important!!! You cannot make changes to an already existing order that regulates sending an employee on a business trip. It is necessary to draw up a new one, which will reflect the relevant provisions.
How to write an order correctly
An order to recall an enterprise employee from a business trip is drawn up in any form, but the order must contain the following information:
- Full name of the enterprise and its details;
- Document date and document number;
- Full last name, first name and patronymic of the seconded employee;
- Reason for recall from business trip;
- The date when the posted employee must return;
- The information of the person responsible for drawing up this order (accountant or personnel employee) is indicated;
- Instructing the chief accountant to recalculate advance payments with a specific deadline for execution;
- Basis for drawing up the order: memo from the head of the structural unit.
The order must indicate the deadline for returning from a business trip; if it is necessary for the employee to return immediately, then the order indicates the day following the date of the order.
The text of the order must indicate the reason for recall from a business trip, regardless of whether it is a production necessity or on the initiative of the employee himself. This order is signed only by the director of the enterprise with the obligatory indication of the position and a transcript of his signature.
The signed order is sent to the accounting department and human resources department for review. The administration must ensure that the seconded employee, after returning, signs a written consent to be recalled from the business trip.
conclusions
On the presented topic, we will draw several main conclusions:
- The manager has the right to recall an employee from a business trip if there are compelling reasons for doing so.
- The reasons for this may be at the initiative of the employee or employer, as well as due to circumstances beyond the will of the parties.
- The revocation is carried out by order. The law does not provide for a special form of the order; it is drawn up in free form. But with the designation of mandatory details.
- When recalling an employee, the accountant will recalculate and overpaid amounts must be returned to the employer.
- A recall order can be issued on the basis of the written consent of the employee or a memo from the head of the structural unit.
