Payment of business trip on weekends: order
Every manager on business needsends his subordinates on business trips. In practice, there are often such situations when a business trip falls on a day off, which forces the employer to think about the amount in which it will be necessary to accrue employee salaries for a given period and in the case when a person did not fulfill the labor duties assigned to him specified time, but was on the road.
Definition
Trip of an employee for official reasons forexecution of the order of the chief, which is carried out outside the permanent place of work, is called a business trip. At the same time, during the absence of an employee in the organization, his position and salary remain.
In addition, before sending a person to carry out an official assignment to another locality, an order must be drawn up on him, with which the latter is introduced in the personnel department against the signature.
Regulations
All organizations and enterprises that send their employees on official trips should be guided by the following legislative acts:
- The Labor Code, in which Art. 139 defines the rules for calculating the average income of a person and payment for a business trip on a non-working day.
- Resolutions of the Russian Federation No. 749 and No. 922.
- Letters from the Ministry of Finance of the Russian Federation.
Features
Payment of business trip on weekends will depend onon whether the employee performed his official duties during non-working hours or not. In the event that he did not work in the specified period, he will be reimbursed only for expenses related to renting housing, meals and travel. If the person on the day off did his work, he will be paid double payment for this time or a day off.
In addition, the payment for a business trip on weekends can be stipulated by a collective agreement, as well as other local acts of the organization.
If the employee worked
In the event that a citizen who was on a business trip performed his work duties on a day off, he has the right to compensate for this time as follows:
- Obtain double wages according to art. 153 TC. In addition, in local acts of the organization this amount may be increased, but only at the discretion of the head.
- Take an extra day off, but in this case, cash compensation for work at a specified time will be reimbursed to the person only in the amount of the average income.
- In addition, each employee is awarded a per diem for the duration of his / her visit on a business trip.
Refund of funds
Sending his employee on a business trip, the manager must compensate him for all travel expenses, which include:
- the cost of the trip to the place of performance of the production assignment and on the way back;
- for rent of habitation;
- daily allowance - a certain amount of money, which does not depend on the execution of the instructions of the chief;
- other monetary costs, if such are indicated in the local acts of the enterprise.
The main goal of all payments is to providethe normal life of an employee of an organization while he is in an unfamiliar situation. Even if on business need a business trip has taken place on weekends, payment of per diem is made for the entire period of the person's stay outside the place of permanent work, regardless of whether he worked or not.
Basic document
The employee's business trip during the non-working period should be properly documented, as this will determine the payment of the business trip on a day off.
Order (sample):
OOO "______________" (name of the enterprise)
00.00.00 year city № ___________
"On a business trip at the weekend"
In connection with the production needmanager of the technical department Ivanova II to send on a business trip on weekends from ____ to _______ year with payment for the specified period in double size according to art. 153 TC.
Reason: the note of the head of the sales department Petrova P.P.
Director _____________________ (Full name)
Familiarized with ____________________ (decryption of employee signature)
- single parents;
- women raising children up to three years;
- Subordinates who provide care for unhealthy members of their family.
All working conditions are negotiatedand are agreed between the head and the employee prior to the latter's trip on official need. After the return, the employee must be compensated for the double payment of the business trip on a day off, the order for which must be drawn up by a human resources specialist in compliance with all the norms of the Labor Code of the Russian Federation and signed by the citizen himself.
Time recording
Before sending an employee on a trip toan official need for him to make an order reflecting the fact that the payment of business trip on the weekend will be made in double size. This is fixed accordingly in the report card.
The main code in this document,when a person is on a trip related to the production need, is indicated by the letter "K" or the number "06". If the trip falls on a day off, this should be indicated by the designation "PB" or "03". This code is placed in the time sheet even if the employee was on the way to the place at the weekend.
Nuances
In the legislation there are someFeatures that may be associated with the payment of business trips on weekends of employees of institutions and organizations. Terms of official travel of civil servants are spelled out in Presidential Decree No. 813. It allows these individuals to return from a business trip even on weekends. In addition, civil servants engaged in working activities during non-working hours are reimbursed to them in a double average income or replaced by an additional day of rest.
For those citizens who work on a shift schedule, payment for a business trip on a day off is carried out on the basis of Art. 153 of the Labor Code. In this case, the calculation with them is made as follows:
- if the official trip is carried out according to the schedule, then in the amount of the average income of the employee;
- in non-working hours - in a double size or an additional period for rest.
Payment for business trip on a day off can only be if it is indicated in the order and reflected in the report card.
On their own initiative
In the event that the employee returned voluntarilyfrom a business trip later than the due date, used non-working days and provided tickets to the manager with dates that did not coincide with those specified in the order, the manager may not pay the employee expenses for them. The payment of a business trip on a day off by the letter of the Ministry of Finance of June 20, 2014 is fully taken into account when taxing an organization and is included in its current expenses, accordingly, it must be confirmed by travel documents duly executed.
Was on the road
If the employee who was sent to the servicetrip, is on the way to the place where the production order is executed on a day off or on a public holiday, this time must be paid to him in double size. Because the work in the specified period, according to Art. 113 TC, it is prohibited and can only be carried out in case of emergencies or business necessity.
In addition, that the payment of business trip in the outputday in transit must be made not less than twice the amount (according to Article 153 of the TC), also the employee must be paid a daily allowance for this time, which is 700 rubles in 2016.
Arbitrage practice
Currently, citizens are increasingly trying todefend their rights in higher instances. Before going to court, many employees try to reach an agreement with the employer and settle all issues peacefully. But, as practice shows, this is an unsuccessful procedure.
An example from a civil case:
In connection with the official need, the citizen wasforced to go on a business trip on a day off. At the same time, the employer drafted an order in which all the main points concerning this trip were recorded, indicating that according to Art. 153 of the Labor Code, the employee will receive a double payment for a given period of time.
During the return from a business trip directly to thethe bus broke down on the road, on which the subordinate was traveling. There was no connection, and it was simply impossible to inform the chief about this. On the specified day the employee did not come to the organization and did not report, as he did not have the opportunity to do so. The head of his dismissed for absenteeism without clarifying the reasons, than violated the labor legislation. The citizen was forced to go to court.
From the case it follows that the employee presented allevidence that he was on the road at the specified time and confirmed it with travel documents. In addition, he did his job during non-working hours, because he had a business trip on weekends. The payment for this is put at double the amount of the average income that was not met by the employer, because the employee was simply dismissed for absenteeism.
The court accepted the applicant's arguments, recognized himdismissal illegal and reinstated at work, as well as laid on the head of duty to recover office costs and forced absenteeism. In addition, the decision stated that the business trip at the weekend, the payment for which the employee relies on in the amount of doubled income, should be carried out only with the consent of the person himself, if there is no legal basis specified in Art. 113 of the Labor Code of the Russian Federation.
The following example:
The citizen appealed to the court to invalidate certain by-laws that restrict the rights of workers sent on official trips on weekends.
Representatives of the Ministry of Labor of the Russian Federation were againstsatisfaction of the applicant's claims, pointing out that these documents do not contradict the norms of the TC, because an employee who travels on a business trip on a business day after a return from it receives a double payment for this in accordance with Art. 153 of the Labor Code.
The court decided to refuse the suit, pointing tothat when sending an employee on a business trip, the head rests on the norms of the Labor Code of the Russian Federation, which in no way violates the rights of subordinates. The citizen remained dissatisfied with this decision and appealed against him to a higher authority.
From this example it is clear that the employee is not alwaysarranges only double payment of business trip on weekends. Judicial practice shows that with the numerous appeals of citizens on this issue, they would like an increased amount of compensation for working activities during non-working hours, as well as an additional day of rest, which contradicts the norms of Art. 153 of the LC RF.
</ p>
