The difference between a business trip and a business trip. Copying and any processing of materials

Some employees periodically go on assignment to another city or region. But where are they at this time: on a business trip or a business trip? Practice shows that confusion in definitions does exist.

Business trip and business trip: differentiation of concepts

According to the law, a business trip is considered to be the direction of a person on assignment for a certain period outside the place of permanent work. Business travel is more difficult. The reason for the difficulties is that they are not regulated in the Labor Code of the Russian Federation. Art. 166 of the Labor Code of the Russian Federation only explains that such trips of employees with a traveling nature of work are not business trips.

In practice, a business trip means that the performance of work duties is associated with regular trips within certain boundaries. First of all, they refer to those who work a lot "in the field." These are, for example, couriers, insurance agents, medical representatives, supervisors. But they often want to consider their movements business trips. But legislative gaps and lack of necessary documents may create unnecessary risks for employers.

First, it is managerial risk. Travelers periodically request that business trips be recognized as business trips, with reimbursement of expenses in accordance with the law. Obviously, managing employees if travel is not regulated is much more difficult. Secondly, it is a litigation risk. Failing to achieve the goal, the employee may apply to the court demanding reimbursement of expenses. Finally, there are difficulties with compensation from the Social Insurance Fund of the Russian Federation. If the company documents do not include possible accidents during business trips, it will be difficult to prove the connection of the accident with the production and obtain due payments from the FSS for affected workers.

Note that business trips can be more convenient for employers. First of all, it is necessary to pay employees during trips in accordance with the salary, and not according to the average earnings. Per diems are paid only if a person has to spend the night away from home. In addition, it is not necessary to request the written consent of an employee with family ties and prepare an order to be sent on each trip. Yes, and in the report card, it is indicated by ordinary working days, saving you from unnecessary trouble. But in order to appreciate these benefits, everything must be clearly regulated.

Paperwork

First of all, check the internal regulations that describe how travel arrangements are made. We recommend that you draw up a “Regulation on the traveling nature of work” and write in it:

1. List of jobs, professions and positions with traveling nature of work. The presence of a list is a mandatory requirement, in accordance with Part 2 of Art. 168.1 of the Labor Code of the Russian Federation.
2. The procedure for planning and coordinating trips with the head. Employee weekly or monthly work plans will enable travel to be monitored and held accountable for unscheduled movements.
3. Preferred and alternative views transport. Depending on the distance or transport accessibility, you can specify various options(corporate, public) to avoid unreasonable expenses and reduce the risk of accidents.
4. Features of interaction and ways of communication between the employee and the manager during the trip to control or record working time (if there is no geolocation).
5. Deadline and procedure for submitting a business trip report.

• Traveling nature of work and work on the road - different concepts. Your employee does not work while the car is moving, but simply moves between the points of his work, and this nuance is better documented.
• Distance not included in work time, for example, "170 km is the time to work on the road." If the distance is greater, the excess is included in working hours.
• Limits and a list of expenses, the procedure for approval and compensation, documents to confirm costs.
• The procedure for determining the possibility of daily return home and the cost of renting housing.
• Daily allowance for trips of several days.

In the employment contract of a traveling employee, it is imperative to indicate the nature of the work in accordance with Art. 57 of the Labor Code of the Russian Federation and determine the territory or distance. For example, “the traveling nature of the work is established for the employee. Business trips are carried out in Moscow and the Moscow Region.” Traveling longer distances or outside the region will be considered a business trip.

The clarity of this territory has one important purpose. In the event of an accident on the road and an unscheduled inspection of the GIT, it will be necessary to prove that the incident is related to production. If you prove this, the employee or his relatives will receive all the required benefits and compensation from the FSS. It is not difficult to guess that the Fund tries not to recognize such cases as industrial and not to pay compensation. Therefore, the presence of all documents, completely and correctly filled out, is the protection of both you and your employees.

In conclusion, let's pay attention to one detail. Many people think that the traveling worker is remote by default. But it's not. If your regional representative has a traveling nature of work, but there is no agreement on remote work, you will have to:

• provide a person with a stationary workplace, and, therefore, to open a representative office in the region, even if it does not exist;
• conduct special assessment working conditions;
• decide how to exchange documents with an employee. According to the Labor Code of the Russian Federation, electronic document management is possible with remote employees, but not with regular employees.

One way or another, a business visit to another city or region - major event. It should be a means of business development, not an additional risk. So, it must be organized correctly. And then you will be able to correctly draw up documents and confidently answer questions from employees, inspectors of the State Inspectorate and the court, if it comes to it.

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Difference between business trip and business trip

As part of labor relations with the employer, the employee may be sent on a business trip or business trip. What are their specifics?

What is a business trip?

Under business trip it is customary to understand (and this is reflected in the provisions of Article 166 of the Labor Code of the Russian Federation) a temporary trip of an employee to carry out an assignment outside the location of his main office - in accordance with the order of the management. At the same time, if the work of an employee is predominantly traveling in nature, then his trips are not considered business trips.

In addition, departures of the company's employees somewhere for the purpose of advanced training or retraining are not considered business trips. Similarly, visits of an employee to other structural divisions of the enterprise are not considered business trips if they are located in the same area as the office where the person mainly carries out labor activities under the contract (albeit at a tangible distance from him, which has to be overcome by car or other means transport).

In order to send an employee on a business trip, the employing company does not need to obtain written consent from him - in contrast to the procedure for temporary transfer to another place of work. A business trip must be issued by a separate order of the management of the employer. This document indicates where the employee is going, for what purpose and for how long.

On the basis of an order on a business trip, an appropriate certificate is issued for the employee, which is necessary to confirm the time the person has been in the place where he performs the task of the employer.

An employee who has arrived from a business trip, as a rule, provides his management with a report on the completion of the task. Besides, this document, supplemented by an advance report and a travel certificate, a person should be transferred to the accounting department.

The employer company pays the employee sent on a business trip the costs of transportation, housing, and other costs that accompany the solution of the tasks assigned to the employee. The conditions of these compensations are prescribed in the local regulations of the company. In addition, they can be fixed in the employment contract and job description of the employee.

The duration of a business trip is determined based on the scope of the employee's official assignment, the complexity of the task, and the specifics of the methods for solving it. But the duration of the departure must be sufficient to carry out the relevant assignment. It can be very long and last, for example, several months.

Separate agreements concluded between the employee and the employing firm may determine additional terms remuneration and compensation of expenses of a specialist who is sent on a business trip. But they should not contradict the Labor Code of the Russian Federation.

Some categories of employees cannot be sent on business trips. These are pregnant women, as well as those employees who are contraindicated in travel for health reasons. For non-compliance with the norms of labor law that establish appropriate restrictions, the employer is liable.

What is a business trip?

concept business trip also disclosed in Article 166 of the Labor Code of the Russian Federation. Business travel refers to the regular departures of employees from the main office to various destinations - due to the fact that their labor activity is predominantly exploratory in nature. At the same time, the work must actually have these features - it is not enough to prescribe the corresponding labor function in the contract.

But, of course, the name of the position prescribed in the contract with the employee should be directly related to the labor function of a person. Examples of relevant positions are driver, machinist, courier, sales representative, freight forwarder.

Making a business trip usually does not require the issuance of a separate order by the employer. But the primary documentation for the implementation of the relevant trips can be drawn up - for example, in the form of waybills, waybills.

The duration of business trips, as a rule, is short and is determined by the tactical tasks of the employee - to take such and such a cargo or documents (or to receive them). The employee's expenses, as in the case of business trips, are usually compensated by the employer.

Comparison

The main difference between a business trip and a business trip is that the first type of departure is carried out by the employee from the main place of work to an area uncharacteristic of his work function, and, moreover, as a rule, on an irregular basis. A business trip is, in turn, trips, participation in which is predetermined by the employee's official duties. They are regular and familiar to the employee.

Having determined the difference between a business trip and a business trip, let's fix the conclusions in the table.

Table

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Business trip and business trip

In the process of activity of any enterprise, regardless of the form of ownership, it is impossible for all employees to engage in their direct duties only within the institution.

It is necessary to conclude contracts, for which you need to meet with potential partners, deliver materials for production and equipment, documentation and other production moments when employees, performing a job assignment, must leave the territory of the organization in which they are full-time employees.

What can we say about construction and repair teams that constantly change their location, while doing their direct work.

Some trips, according to the law, are recognized as business trips, while others, despite the fact that the work is of a traveling nature associated with production, are defined as business trips.

What is the difference between a business trip and a business trip?

Let's try to figure it out by referring to labor legislation, which determines everything key points arising between the employer and employees.

Business trip in terms of legal acts

Chapter 24 of the Labor Code of the Russian Federation establishes at the legislative level the guarantees that an employee has when he is sent on a trip related to production.

A clear concept of a business trip is given in Art. 166 of the Labor Code of the Russian Federation.

According to the definition given in the article, a trip is recognized as a business trip:

1. when there is a written order of the head of the organization;
2. a certain period is set, depending on the purpose, the task set, the volume and complexity of the task, presumably sufficient to achieve a positive result of the trip;
3. the assignment is feasible outside the permanent place of work.

At the same time, a reservation is made that trips related to permanent work (when the very essence of labor duties is carried out on the road) or traveling in nature are not recognized as business trips.

Features of sending employees on business trips are discussed in more detail in Government Decree No. 749 of October 13, 2008, with subsequent changes and additions to the approved Regulations.

In paragraph 3 of Regulation No. 749, for understanding, an explanation is given that a permanent place of work should be understood as the location of the enterprise with which an employment contract has been concluded.

Even sending an employee to a separate structural unit of the main institution located elsewhere is recognized as a business trip if there is a written order from the employer.

The business trip period begins on the day of departure to the destination and ends on the date the employee returns to the place of permanent work.

Moreover, whether the employee will go to work on the day the trip ends or only the next day, is decided with the manager individually in each case.

For example, when the business trip ended on February 28, 2017, the employee returned at 20:00, it is clear that he will begin his main duties on March 1, 2017.

In the event that a person arrives from a business trip to his hometown at 12.00 and the manager wants to receive a report on the trip (at least oral), the employee can appear at the main enterprise on the day the trip ends.

Art. 167 of the Labor Code of the Russian Federation guarantees the seconded worker the preservation of average earnings for the entire time the assignment is performed outside the permanent place of work, including the days when the employee is on the road or forced (through no fault of his own) delay on the road, the need to extend the deadline for completing the assignment received.

It is worth noting that the payment for a business trip is calculated in the manner specified in Art. 139 of the Labor Code of the Russian Federation.

The employee also retains his permanent place of work and position.

It can be concluded that a business trip is considered to be a trip of an employee who normally takes care of his official duties at a permanent workplace, according to the production need, sent by written order (instruction) for a certain period of time necessary to fulfill the assignment to another place.

It turns out that even in one locality if a person has to work not in his organization, in a structural unit located separately, this is a business trip.

Art. 168 of the Labor Code of the Russian Federation, the legislator obliges the employer to reimburse material expenses associated with a business trip.

• the cost of travel to the place of business trip and back;
• costs incurred to pay for accommodation;
• daily allowance;
• other monetary expenses necessary for the successful completion of the assignment received, justified by the economic benefit for the enterprise that sent the employee to fulfill the assigned goal, which can be approved by the organization's local acts.

What is meant by a business trip?

There is no precise definition of a business trip in labor legislation.

However, in Art. 166 of the Labor Code of the Russian Federation, when explaining what can be attributed to a business trip, it is highlighted that work performed on the way, or initially involving a traveling nature, is not recognized as a business trip.

For example, a vehicle driver whose performance of labor duties is related to travel does not go on a business trip every day, carrying out his work on the road, despite the fact that he leaves the main enterprise daily at the beginning of the shift and returns at the end of the working day again to the territory of the organization .

Similarly, a courier delivering documents to different parts of the city is not a seconded employee.

An order to perform an official task in such cases is not issued, but, according to Art. 57 of the Labor Code of the Russian Federation, at the conclusion employment contract, accepting a new employee in the organization, the working conditions are negotiated, which are of a traveling nature.

The administration of the enterprise, taking into account the specifics of production, must itself develop and accordingly approve the list of positions (professions) that perform their direct work while on the road, determining the procedure and amount of reimbursement of monetary expenses associated with travel.

1. The list of jobs, professions, positions, the permanent performance of labor duties of which is carried out on the road, or is traveling in nature, is established by the employer. Moreover, this list can be supplemented, changed as the production activity develops.
2. The employment contract (subsequently, the job description) specifies the conditions for fulfilling the duties associated with regular trips.
3. The local legal act, which is valid within the organization and does not contradict labor legislation, states:

• the procedure in which employees are reimbursed for material expenses related to travel;
• the amount and timing of receiving compensation, respectively, for each profession and position indicated in the list, and providing required documents to accept an advance report.

According to Art. 168.1 of the Labor Code of the Russian Federation, for employees performing their labor functions on the road, or if official duties require a traveling nature, including work in the field or an expeditionary nature, the employer is obliged to reimburse:

• travel expenses;
• costs incurred in renting housing;
• additional cash costs incurred by the employee, living away from home or with the permission of the management.

An important point is precisely the fact that the second part of Art. 168.1 of the Labor Code of the Russian Federation emphasizes that the reimbursement of all material expenses is established by an employment contract or other local regulations.

Works that can be classified as traveling in nature, or performed on the way, can traditionally include: employees of communication departments, railway, road and other modes of transport, builders, leading geological exploration and others.

Key Differences Between Business Travel and Business Travel

With an understanding of business travel and business trips, you can understand what is the main difference between them, despite the fact that in both cases, employees perform their labor obligations, and for this they are forced to leave the main enterprise with which they have concluded labor contracts.

1. A business trip is necessarily issued only if there is a written order from the head indicating the task and the deadlines required for completion.

Business trips are initially provided for by the nature of the work, which should be reflected in the contract (agreement) during employment and a special order is not issued.

2. Reimbursement material costs related to the trip in the case of a business trip of an employee is carried out in accordance with clause 168 of the Labor Code of the Russian Federation and Regulation No. 749.

During business trips, the employer, by its local legal acts, determines the procedure, amounts, and terms for paying compensation for monetary expenses associated with the performance of work on the road or outside the place of residence.

3. The work schedule of a seconded employee may not coincide with the work schedule of the organization where he is sent to perform his official assignment.

When executing the order on his day of rest, the seconded employee is compensated with double severance pay or the provision of rest at another time at the request of the employee.

During business trips, employees perform their labor duties in accordance with the operating hours of the main enterprise.

4. If necessary, a seconded employee may leave for a trip or return from it on his day off or legally non-working (holiday) day, which are also included in the business trip period.

Employees, labor duties, performing on the road or during the traveling nature of work, rest according to the schedule.

5. For all days of the business trip, the employee receives remuneration based on average earnings.

Employees who perform their duties on the road or having to travel to various facilities receive wages depending on the payment system in force in the organization.

6. The following categories of employees may be sent on a business trip only with their consent:

• women with children under the age of three;
• single mother or father raising a child under 5 years old without the participation of the second spouse, or a child recognized as disabled;
• employees caring for a close relative, in accordance with a medical report;
• guardians, trustees, adoptive parents enjoy similar rights;
• persons with disabilities who have a partial disability and are able to work in certain conditions.

For example, nothing prevents a mother with a child under 5 from working as a courier.

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Hello!

Alexander

The maximum duration of a business trip is not established by law.

Is employee consent required? Alexander

Employee consent is not required general rule. But the Employer can send some employees on a business trip only if they have their written consent and if they have no medical contraindications for a business trip. These categories of workers include (parts 2, 3 of article 259, article 264 of the Labor Code of the Russian Federation, paragraph 2 of clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 01.28.2014 N 1):

Women with children under the age of three;
- mothers, fathers raising children under the age of five without a spouse, guardians of children of the specified age, other persons raising children under the age of five without a mother (see who is recognized as a person raising children without a mother) ;
- workers with disabled children;
- employees caring for a sick family member in accordance with a medical report.
Such consent must be requested in writing.

How is the term of a business trip (order? consent of the employee? term?) extended after the expiration of the previous term of the business trip? Alexander

To extend the business trip, you must issue an order to extend the business trip. In the order, indicate the reasons for changing the duration of the business trip and the new deadline for completing the performance of the official assignment.

The employee's consent is required only in the cases specified above.

The employee must be notified of the extension of the business trip, for example, by sending him the appropriate order by fax. The original order of the employee must be familiarized after his return from a business trip. base.consultant.ru/cons/cgi/online.cgi?req=home#doc/PKV/189/100198/0/313

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The concepts of a business trip and a business trip are very similar, but they are not equivalent. What are the difficulties in classifying? What is the difference between a business trip and a business trip? Let's look at the law for the answer.

The term business trip is enshrined in stat. 166 TK. It says here that this is a trip by an employee on the orders of the employer in order to carry out a specific assignment. Specific tasks, place and terms are established by the head of the enterprise. A business trip is recognized as permanent work of a traveling nature or performed on the way.

Thus, the main difference according to labor legislation is in the characteristics labor functions worker. If employment is associated with constant travel or is actually carried out on the road, we are talking about business trips. If work by its nature is not considered traveling, they talk about a business trip.

For example, the work of a courier, an advertising or insurance agent, a medical representative, a driver is constantly associated with traveling. Therefore, we can say that such positions are traveling in nature. But if the manager of an enterprise works in the office and is sent to another city by order of the director, this is already a business trip.

In the light of the question under discussion, what counts as a place of permanent employment? According to paragraph 3 of Decree No. 749, this is the address of the company (or its separate subdivision), which is named in the employment contract with the employee. The direction of a specialist to solve the company's instructions outside the place of permanent work is considered a business trip, as well as the direction of an employee to the OP, located at an address outside the permanent place of work.

The main differences between a business trip and a business trip:

• Nature of employment - business travel involves constant traveling, work on the road or in the field. The expeditionary nature of employment is also possible.
• Work schedule - may vary for business travelers, coinciding with weekends / holidays when sent on a business trip. For employees on business trips, the general labor schedule applies.
• Calculation of average earnings - business travelers receive a salary for days of travel based on medium size; employees on the way - on the basis of the company's current COT (remuneration system).
• Registration - all business trips require the obligatory execution of an order of the head, an advance report. For business trips, the issuance of a separate order is not necessary, since the conditions of employment are stipulated in the employment contract.

Tax Consequences of Misclassification

If the company's accountant incorrectly classified the trip and designated employment on the way as a business trip, firstly, this will lead to an unreasonable accrual of the daily allowance for such a period. Consequently, the company will overstate its costs and reduce the tax payable to the budget. In addition, in addition to the daily allowance, the salary of seconded persons will be overestimated, since according to the norms of stat. 167 one of the labor guarantees when sending employees on a business trip is the preservation of the average salary for the entire period.

Note! When an employee is sent on a long trip abroad, the correct classification of the trip is also important from the point of view of taxing the income of an individual in terms of personal income tax. After all, with the length of stay of a Russian abroad for more than 183 days. in a year, he will be recognized as a non-resident, and the tax rate will be not 13%, but 30 (stat. 224 of the Tax Code).

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BUSINESS TRAVEL OR BUSINESS TRIP?

T. ZHUKOVA

I work in the pre-commissioning department of a branch of a large company. Every month we make a trip to facilities (stations) near the city of Urai according to the technical agreement for two to three weeks. Previously, there were business trips, and they were tabulated according to the summarized work schedule (10 hours daily and on weekends). Two years ago, the word "business trip" was replaced with the word "trip". Now we have a five-day week of 8 hours. Weekends on a so-called business trip are not paid. Upon arrival at the base, we just sit and wait for 17:15, since in fact we work only on the road.
I have two questions: is the definition of "business trip" correct in our situation and is the employer's actions legal?
A. Parusimov, Tyumen

The Regulation "On the peculiarities of sending employees on business trips", approved by Decree of the Government of the Russian Federation of October 13, 2008 N 749, determines that the place of permanent work should be considered the location of the organization (separate structural unit of the organization), work in which is conditioned by the employment contract (sending organization) .
Article 166 of the Labor Code of the Russian Federation establishes that a business trip is a trip of an employee by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work.
The criteria for determining whether the performance of work outside the place of permanent work is a business trip or a business trip, in this situation, will be the duration and continuity of trips, the terms of a specific employment contract and job description, as well as a list that establishes the traveling nature of work.
The most controversial this case- this is the establishment or refutation of the traveling nature of work, since labor legislation does not disclose in which cases it can be said that the permanent work of certain categories of employees has a traveling nature. Such employees may include drivers, freight forwarders, sales representatives, conductors of passenger trains, stewardesses, couriers, insurance consultants.
The traveling nature of the work should follow from various documents, which are referred to as in Art. 168.1, and in other provisions of the Labor Code of the Russian Federation. For example, a list of jobs, professions, positions of employees whose permanent work is traveling in nature should preferably be approved by order (instruction) of the head of the organization. From Art. 57 of the Labor Code of the Russian Federation, it follows that the employment contract specifies, among other things, the conditions that determine the traveling nature of the work. Job description contains a list of duties of the employee, and these duties serve as a justification for the fact that the nature of the work is recognized as traveling.
Constant and long-term (2 - 3 weeks) performance job assignments outside the place of permanent work in the described case, according to the indicated criteria, indicates the direction of the employee on business trips.
Thus, taking into account all aspects of the situation described, there is a possibility that the employer in this case unreasonably reclassified business trips into trips, which, of course, is unlawful and disputable.
At the same time, in case of recognition of sending an employee on a business trip, the employer is obliged to compensate, in excess of the average earnings retained by the seconded employee, the costs of travel, renting a dwelling, per diem, as well as other expenses incurred by the employee with the permission or knowledge of the employer.
In addition, the employer will be required to recalculate wages according to the summarized accounting of working hours and provide time off for the relevant cases in which such compensation is provided.
Responsibility for non-compliance with the norms of labor legislation is established by Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.


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Faced with field assignments for the first time, many employees have the question of how a business trip differs from a business trip. After all, both of these concepts are labor standards that an employer can maneuver in terms of taxation and payroll.

Formally, the concept of "business trip" does not exist. At the legislative level, only the term "business trip" is fixed. It includes the execution of some assignment by an employee of the company outside his permanent place of work. Such an assignment:

• paid according to general norms calculating the average salary of seconded employees;
• issued by a special order and the issuance of travel documents;
• taxable in full as additional wages.

Simply put, a business trip is a special working condition for which the employer must charge a “special” allowance and pay an increased tax.

What is a business trip

The concept of a business trip refers to employees whose work duties involve permanent or seasonal movement. For example, the departure of a courier, a freight forwarder or the dispatch of employees of agricultural companies to field work, research institutes and repair teams - this is a business trip. In this case, the employer, in the same manner, compensates all the expenses of the workers associated with accommodation, meals and the acquisition of everything necessary for the execution of assignments. However, a business trip is assessed within the scope of the employment contract, without additional charges and taxation.

Formally, a business trip is a point pre-written in documents, statutory acts and employment contracts, which is the responsibility of an employee and is not paid additionally.

How is a business trip and a business trip arranged?

In addition to the principles of payroll, a business trip and a business trip also differ documented. So, in order to issue an official assignment, it is not necessary to draw up an order and conduct a trip through the entire documentary base. It is enough to issue a "waybill", a route sheet or a written order, which is handed over upon the employee's return back. Any obligations under the employee's report on financial costs on a business trip, there are no rules for regulating this issue. But often the employer applies the same principles and approaches as for paying travel expenses.