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One of the components of most professions is travel periods. It is not uncommon for cases when the travel process is delayed. Since its deadlines are in most cases strictly regulated, the extension of the process must be formalized (including making appropriate amendments to the memo).
Due to the fact that the Labor Code of the Russian Federation does not specify the rules and conditions for increasing the duration of business trips, this procedure is prescribed in the regulations and charter of the organization itself.
Labor Code of the Russian Federation in the latest edition
Normative base
- Labor Code of the Russian Federation: Part 1 of Art. 166, art. 24;
- Decree of the Government of the Russian Federation N 749;
- Letter of Rostrud N PG/1487-6-1;
- Tax Code: art. 264;
- Code of Administrative Offenses: Part 1, Article 5.27, Part 4, Art. 5.27.
You can download the documents here:
Labor Code of the Russian Federation
Article 264 of the Tax Code of the Russian Federation
Decree of the Government of the Russian Federation of October 13, 2008 N 749
Letter PG1487-6-1
Article 5.27 of the Code of Administrative Offenses of the Russian Federation
conclusions
A number of conclusions can be drawn on the presented topic:
- There are many reasons for extending a business trip: personal, production, force majeure, etc.
- It is impossible to extend the period at the initiative of the employer if the employee by law has the right to refuse this.
- A memo from the employee is required for renewal.
- An order is issued based on the memo.
- The law does not approve the form of the memo and order. They are issued in free form.
- Based on the order, the employer makes an additional payment of travel allowances to the employee.
Features of the procedure
A business trip is a trip by an employee by order of his superior in order to carry out certain assignments.
It must meet the following conditions:
- be performed in a place remote from permanent work;
- be limited in duration;
- not have a traveling nature;
- Avoid running errands while on the road.
The period begins on the day of departure and ends on the date of return (indicated on the tickets).
The Labor Code of the Russian Federation and the Regulations do not contain rules for extending a business trip. Consequently, the final decision remains with the employer and depends on the volume and complexity of the assigned tasks.
According to the instructions, the maximum duration is 5 days.
Documents related to a business trip are not subject to correction.
Information is recorded in the regulatory legal acts of the enterprise:
- in the order;
- in a job assignment.
Commercial organizations have the right to use independently developed forms.
The main requirement is the presence of all required details.
Employees who are only in an employment relationship are sent on a business trip. Otherwise, the tax authorities will not recognize expenses as travel expenses.
Pregnant women, disabled people, and registered candidates are not allowed to travel.
Is it possible to extend a business trip without the employee’s consent?
A business trip on the instructions of management is part of the labor functions that must be performed by the employee by virtue of an employment agreement concluded with the company.
Therefore, an employee will be able to refuse to participate in a trip without being subject to disciplinary action if the administration agrees to this. This rule also applies to the extension of a business trip, since this is also a business trip.
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Do not forget about the categories of citizens, when arranging a business trip, for whom the law establishes the obligation of the company’s management to obtain their prior consent for such trips.
These employees include:
- Those who have young children (under 3 years old), women or other persons who are raising these children in the absence of a mother.
- Persons who are raising children under 5 years of age alone.
- Persons providing medical care and supervision of close relatives.
- Disabled people working at the enterprise, except in cases where the trip affects their rehabilitation period.
Attention! Since these employees give initial consent to a business trip, they must also obtain consent to extend its duration. If such a person refuses this, then the duration of his business trip cannot be increased.
Possible reasons for increasing the period
There are many reasons for extending a business trip.
They are conventionally divided into several groups:
- According to production needs. Occurs when the manager gives an additional amount of work or the employee does not have time to complete the task in a timely manner.
- For personal reasons. Employees have the right to submit an application to the manager with a request to stay for a short time (up to 2-3 days). The request is granted if the last day of the business trip is followed by a weekend or holiday.
- Transport problems. Sometimes a business trip extension is due to a flight delay or unavailability of tickets. The day of arrival is the date of actual arrival of the employee at the appointed place.
- Disease. If an employee becomes unable to work while carrying out assignments, he must go to a local medical facility. The business trip is extended. Upon returning to the place of permanent work, a certificate of incapacity for work is presented to the personnel department.
- Force Majeure. Delay is possible due to circumstances beyond the employee’s control. For example, flood, fire, traffic accident, etc.
How do I pay for a hotel on a business trip? Information is in our article. What package of documents do employers require when hiring? Find out here.
If the period has been reduced
It must be taken into account that the business trip ends at 23.59 and begins at 00.00. If the employee completed the task earlier and wanted to return, then an order is issued and the employee comes to the city of his main place of work.
If he arrived several days (or 1 day) earlier than the pre-planned date, then the next day he must report to the place of duty. If he does not show up, it is considered a missed day of work.
The employer has the right to assign a monetary incentive for quickly completed work or not to assign one. He has the right to grant his employee an extraordinary paid day off for this time. But if no papers are drawn up in this regard, and the employee completed his duties on a business trip ahead of schedule, then he is legally obligated to report to his place of duty the next day.
How to apply for a business trip extension?
Whatever the reason for the employee’s departure, the law requires proper paperwork. All rules are prescribed in the local regulations of the organization.
To extend a business trip, a request is made in writing, since extension of the period is possible in the absence of contraindications for health reasons and only with the consent of the employee.
It is especially important to comply with this requirement for citizens raising a child under 3 years of age, single parents caring for disabled children, etc.
The HR specialist sends the corresponding notification:
Renewal Notice
The employee has the right to refuse to extend the business trip. The employer may not interfere, otherwise he will be held administratively liable.
Next, a memo is drawn up indicating the reasons why the time has to be postponed:
Service memo
An extension order is then issued.
The legislation does not provide for a unified form, so the document is drawn up in any form.
Must contain:
- reasons for increasing duration;
- new deadline for completing the business trip (set by the employer).
The document is sent by fax to the employee for signature. Upon return from a business trip, the original must be presented.
See an example here:
Extension order
Note: in practice, instead of an order, a manager’s resolution is often issued, for example: “I authorize the extension of the business trip by 3 days. 06/06/2016. K.E. Kostenko".
In the time sheet, travel allowances are marked with the letter “K” or 06. The number of hours worked is not noted.
When preparing documents related to increasing the deadline for completing assignments, there is no need to make changes to the official assignment or travel certificate.
Example:
Worker I.V. Orlov, holding the position of economist, was sent on a business trip to Victoria OJSC in Krasnoyarsk to perform tasks related to concluding a contract. The duration of the trip is 6 days from June 20-25 (inclusive) 2021. The employee advised that it will take another 3 days to complete.
The HR specialist must prepare:
Service memo:
Service memo
Order:
Order to extend a business trip
The following designations are entered in the working time sheet.
Employee consent to extension
Since completing a task on a business trip is part of the employee’s work, he cannot refuse to extend it.
But in the Labor Code of the Russian Federation there are several categories of workers who can be sent on a business trip only with their consent. Since before going on a business trip they agreed to be on a business trip until a certain date, then, in order to extend its duration, it is necessary to request consent for the period of extension.
Categories from which consent must be asked:
- persons who are parents or guardians of children under 5 years of age and raising them without the help of a spouse;
- persons who are parents of children with disabilities;
- women who have a child under 3 years of age;
- persons caring for sick family members.
If possible, consent must be obtained in writing, or have witnesses that the employee has agreed to extend the business trip.
Settlements with an employee
In case of extension of a business trip, the company undertakes to compensate the employee for expenses for:
- nutrition;
- payment for accommodation (rented apartment, hotel, etc.);
- purchase (exchange) of a return ticket.
If the funds issued before departure are spent, the employer is obliged to transfer an additional amount.
You can instruct the accountant to make the payment in the renewal order.
Such requirements are imposed by the Regulations on Business Travel.
Daily allowance is paid for the entire time spent on a business trip and includes:
- days of stay (including added ones);
- weekends and non-working holidays;
- period of travel;
- forced stop time.
If a business traveler falls ill, he has the right to receive financial compensation after presenting a sick leave certificate.
The calculation of all due payments is carried out on the basis of the documents provided: hotel bills, tickets, certificates, etc.
Example:
Marketing department employee A.V. Skvortsova was sent on a business trip from June 27 to July 9 (14 days). While carrying out the assignment, she fell ill and was in the hospital from July 4-6, which was confirmed by a sick leave certificate. In connection with what happened, Anna Viktorovna returned on July 12 (3 days later).
Solution:
Days of illness of an employee are not included in the business trip.
The organization must accrue:
- daily allowances for the period from June 27 to July 12;
- sick leave benefits for the period July 4–6;
- compensation for living expenses (the period from July 4-6 is not taken into account).
A.V. Skvortsova presented a certificate of incapacity for work, a hotel bill and checks confirming expenses in connection with the extension of the business trip. Monetary compensation amounted to 1,700 rubles.
Letter from the Ministry of Finance about late return from a business trip
InfoIn particular, according to the Ministry of Finance of Russia, reimbursement by the employer of the cost of tickets, the date of which differs from the date of departure on a business trip or return from it, is recognized as compensation for business trip expenses if an earlier departure (departure delay) of the business traveler is made with the permission of the manager confirming the feasibility of the expenses incurred. This position is seen, in particular, in letters of the Ministry of Finance of Russia dated 09/03/2012 N 03-03-06/1/456, dated 09/20/2011 N 03-03-06/1/558, dated 08/16/2010 N 03-03-06 /1/545
In addition, importance is attached to the duration of the period between these dates. Thus, if this period is insignificant (for example, the employee remains at the place of business trip on weekends or non-working holidays, uses time off), then payment of the cost of travel is considered as compensation for expenses associated with the business trip .Attention: In particular, if the period of stay at the place of business trip significantly exceeds the period established by the order on the business trip (for example, if immediately after the end of the business trip the employee is granted leave, which he spends at the place of business trip), the employee receives the economic benefits provided for in Article 41 of the Code, in the form of payment by the organization for travel from the place of free time from work to the place of work. In this case, payment by the organization for an employee of a return ticket with an arrival date later than the end of the business trip period indicated in the business trip order, in accordance with subparagraph 1 of paragraph 2 of Article 211 of the Code, is recognized as his income received in kind
The cost of the said ticket is subject to personal income tax in full in accordance with the provisions of Article 211 of the Code.
In accordance with Articles 106 and 107 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), weekends and non-working holidays are the time during which the employee is free from performing work duties. Moreover, according to Article 166 of the Labor Code, a business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work. Thus, if an employee leaves on a business trip earlier than the date specified in the business trip order (returns from a business trip later than the established date), payment for his travel in some cases cannot be considered as compensation for expenses associated with a business trip.
https://youtube.com/watch?v=Lp2Zkee2UAQ
Nuances
If the general director is on a business trip that needs to be extended, a personnel specialist draws up an order.
The basis is the director's decision.
The content of the text will be something like this:
“Due to production needs, I am extending the period of my business trip (to Moscow, to conclude a contract with Beta LLC from July 4-13, 2021, travel certificate No. 32) for a period of 4 days until July 18, 2016. The return date is considered 07/18/2016.”
Extension of a business trip for vacation days is allowed only if the decision is agreed upon with the manager and an application is submitted by the employee.
Unauthorized delay without good reason does not oblige the organization to reimburse expenses.
An increase in the period intended for the performance of official tasks is possible only with the consent of the employee. Especially if he is under the care of social protection authorities.
If an employee wishes to stay on weekends or holidays during a business trip, such a decision is not prohibited (the individual does not receive economic benefits). But it is advisable to coordinate the issue with management.
Forcibly extending a foreign business trip is an illegal act.
The employer may be subject to serious liability.
Is it possible to cancel a business trip? Find out from our article. You can find the business trip application form here.
How to make an advance report for a business trip? Read here.
In what case can a business trip be extended?
Legislative acts do not establish a ban on the possibility of extending a business trip.
At the initiative of the company management, the duration of an employee’s business trip may be increased due to various production factors.
They are often associated with an incorrect determination of the initial scope of work planned for the seconded employee, or when additional work appears that he needs to complete.
In addition, the business trip period can be extended at the employee’s initiative.
This can be done, but only with the permission of the organization’s management or in accordance with the law. Such an extension of a business trip can be caused by illness of the employee sent on the trip, forced delay in travel (lack of tickets, vehicle breakdown), force majeure and other reasons.
The decision to extend a business trip is made by the director either when the employee returns to the enterprise or while he is on a trip.
This person submits a report or memo to the management, arguing the reasons why he had to stay late on a business trip. Attention! If an employee is on a business trip, he can notify his employer of the delay using the means of communication available to him.
The head of the structural unit in which the employee sent on a business trip works can also apply for an extension of a business trip. If necessary, upon return, the employee must attach relevant documents confirming the grounds for increasing the business trip time.
