You need to arrange a business trip in the following order:
- Make a decision to send an employee on a business trip and check the possibility of processing it.
- Prepare documents for sending an employee on a business trip and issue (transfer) funds for travel expenses.
- Make final payments to the employee upon his return from a business trip.
It is necessary to take into account that the design of a business trip for the head of an organization has certain features.
The employer has the right to send employees on business trips both within Russia and abroad, while the foreign business trip is formalized in accordance with the general procedure.
Making a decision to send an employee on a business trip and checking the possibility of processing it
Before sending an employee on a business trip, it is necessary to check whether he belongs to the category of employees whom the employer does not have the right to send on a business trip or who may refuse it.
The employer has the right to send on a business trip only employees who have an employment relationship with the employer (including part-time workers, foreign workers), with the exception of certain categories of citizens. If the law prohibits sending an employee on a business trip, the employer does not have the right to send him on a business trip even with his consent. Confirmation: Art. 166, part 2 art. 287, part 8 art. 11 of the Labor Code of the Russian Federation, clause 2 of the Regulations, approved. By Decree of the Government of the Russian Federation No. 749 of October 13, 2008, letter of the Ministry of Finance of Russia No. 03-03-04/1/844 of December 19, 2006.
The employer has the right, in certain cases, to bring an employee to disciplinary liability for refusing to go on a business trip.
It should be borne in mind that business trips of employees whose permanent work takes place on the road or is of a traveling nature are not recognized as business trips.
Confirmation: part 1 art. 166 Labor Code of the Russian Federation, para. 3 clause 3 of the Regulations, approved. Decree of the Government of the Russian Federation No. 749 of October 13, 2008
Employees are sent on a business trip based on a written decision of the employer (paragraph 2, clause 3 of the Regulations, approved by Decree of the Government of the Russian Federation No. 749 of October 13, 2008), which, as a rule, is issued in the form of an order (instruction) on sending the employee on a business trip .
Algorithm for filling out the T-9 form
We fill out the header of the document, where we indicate the name of the organization and the eight-digit OKPO code.
In the fields “Document number” and “Date of compilation” we enter the serial number and the current date.
Next, we indicate in the genitive case the last name, first name and patronymic of the posted worker and his personnel number.
Below we write the name of the structural unit and the position of the employee.
We indicate the destination: the name of the organization to which we are sending the employee and its geographical location.
We fill in the total number of calendar days of the business trip, including travel time there and back, and the corresponding dates - they are indicated in the official assignment or on travel tickets.
Below we briefly but succinctly formulate the purpose of the trip.
We indicate at whose expense the business trip is carried out (it is not entirely clear why this column is needed, but since it is there, you will have to fill it out).
We write the name and details of the document on the basis of which we prepared the order.
After filling out all the necessary fields, we attach to the draft order the basis that served as its publication, and go to the management for approval.
After approval, we familiarize the employee with the order, hand him a copy and wait for his return.
Sample of a completed order for the assignment of an employee
IMPORTANT!
Due to the fact that the form does not contain any fields related to the accrual of funds to the traveler, a copy of the order must be immediately sent to the accounting department so that the employee does not find himself on his business trip without money and without housing.
Duration of the trip
The duration of the business trip is determined by the employer independently, taking into account the volume, complexity and other features of the official assignment (clause 4 of the Regulations, approved by Decree of the Government of the Russian Federation No. 749 of October 13, 2008).
The preliminary (estimated) period for which the employee is sent on a business trip must be indicated in the order for sending the employee on a business trip, which is signed by the head of the organization (or a person authorized by him) or an individual entrepreneur.
The maximum period for which an employee can stay on a business trip (both within Russia and on a business trip abroad) is not established by law. The exception is foreign workers. With regard to them, determining the maximum period of stay on a business trip has its own characteristics (clause 6 of Article 13 of Federal Law No. 115-FZ of July 25, 2002, annex to Order of the Ministry of Health and Social Development of Russia No. 564n of July 28, 2010).
Confirmation: clause 1, 4 of the Regulations, approved. By Decree of the Government of the Russian Federation No. 749 of October 13, 2008, letter of the Ministry of Finance of Russia No. 03-03-06/1/304 of April 28, 2010.
At the same time, labor legislation does not provide for any division of business trips into short-term and long-term (letter of the Ministry of Health and Social Development of Russia No. 924-12 dated March 16, 2010). However, the employer in its local regulations (for example, in the Regulations on Business Travel) can determine the duration of short-term and long-term business trips, in particular, in order to establish the storage period for travel documents (Part 2 of Article 5, Article 8 of the Labor Code of the Russian Federation).
If necessary, you can change the duration of the employee’s business trip (shorten or extend the originally established period). Labor legislation does not regulate the issue of changing the duration of a business trip, however, it does not contain any prohibitions or restrictions on such actions by the employer.
Confirmation: Art. 166 of the Labor Code of the Russian Federation, Regulations, approved. By Decree of the Government of the Russian Federation No. 749 of October 13, 2008, letters of the Ministry of Finance of Russia No. 03-04-06/4-5 of January 14, 2013, No. 03-04-06-01/244 of September 22, 2009.
Confirmation of travel expenses
When returning from a business trip, an employee is required to provide the organization’s accounting department with all documents confirming his expenses. It can be:
- travel tickets, receipts for toll roads, parking, etc.;
- receipts from gas stations about the amounts spent on gasoline (when traveling in a personal car);
- checks, bills, receipts from hotels or hotels about expenses for renting rooms;
- any other payment documents that cover expenses related to the business trip.
Based on these checks and receipts, you will need to either return part of the travel allowances received in advance or receive compensation for funds spent in excess of the advance.
Reducing the travel period
The need to reduce the duration of a business trip may arise, in particular, for the following reasons:
- the employee completed his official assignment ahead of schedule;
- the employer requires the employee’s immediate presence at work due to production needs (recall from a business trip);
- family circumstances or other valid reasons have arisen that require the immediate return of the employee (for example, due to the death of a close relative).
To reduce the duration of an employee’s business trip, it is necessary to issue an appropriate order. Since the unified form of such an order has not been approved, it is drawn up in free form. This order must indicate:
- last name, first name, patronymic of the posted worker;
- position (profession), structural unit (if any) in which the posted worker works;
- details of the order (instruction) on sending the employee on a business trip;
- the reason for changing the duration of the business trip;
- new duration of the business trip (number of days by which it is reduced);
- an order to an accountant (another authorized employee) to recalculate business trip expenses and the average earnings retained by the employee for the days he is on a business trip (Articles 167-168 of the Labor Code of the Russian Federation).
The basis for issuing an order is a memo from the immediate supervisor of the posted worker on the need to change the duration of the business trip, agreed upon with the head of the organization (individual entrepreneur), and other documents depending on the reason for the recall (for example, an order that justifies the production necessity of the employee’s immediate presence at work).
Due to the employee’s absence from work, an agreement with him on recall from a business trip is reached orally (for example, by telephone, e-mail). At the time of issuing the order to change the duration of the business trip, the employee is on a business trip, so he reads the order for signature upon returning to work.
Sample orders
An order to send on a business trip is drawn up according to standardized forms:
- T-9 – in relation to one employee sent on a trip;
- T-9a – in relation to the team.
Organizations are not prohibited from using independently developed forms as order forms. The only condition that must be observed in this case is that the final version of the order must contain all the required information about the business trip and the details of the organization.
Form T-9 - for one employee
RF PP No. 749 obliges supervisors to issue orders on the secondment of their employees in writing. Regardless of whether the standard travel order form or the organization’s own letterhead is used, the document must include the following information:
- full name of the employing company indicating its form of ownership;
- serial number of the paper being drawn up and the date of its preparation (required for keeping records of internal documentation);
- information about the seconded employee - full name, position and structural unit;
- address of the location of the organization acting as the receiving party;
- duration of the business trip, expected start and end dates;
- a brief description of the intended purpose of the trip;
- algorithm for paying the employee’s remuneration and the source of funds (in most cases, this is the employer himself, but situations are possible when the initiator of the trip is a third party, then it fully assumes the obligation to pay the citizen for the period of the business trip);
- title of the position, handwritten signature and full name of the employee who compiled the document;
- handwritten signature of the person sent on the trip (as confirmation that the employee has read the document and does not have any complaints about its contents).
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Sample filling T-9:
Extension of business trip
The need to extend a business trip may arise, in particular, for the following reasons:
- impossibility of completing an official assignment within the established time frame (due to force majeure, when additional time is required to complete the task, etc.);
- execution by the employee of an additional official assignment;
- temporary disability of an employee during a business trip;
- forced stop (delay) en route (for example, due to weather conditions, due to a vehicle breakdown, disruption in the movement of vehicles, etc.);
- impossibility of leaving the place of business trip due to lack of tickets.
Confirmation: clause 9, 25 of the Regulations, approved.
By Decree of the Government of the Russian Federation No. 749 of October 13, 2008. To extend the period of an employee’s business trip, a corresponding order must be issued. Since the unified form of such an order has not been approved, it is drawn up in free form. The order must indicate:
- last name, first name, patronymic of the posted worker;
- position (profession), structural unit (if any) in which the posted worker works;
- details of the order (instruction) on sending the employee on a business trip;
- the reason for extending the business trip;
- new duration of the business trip (number of days for which it is extended);
- an order to an accountant (another authorized employee) to recalculate business trip expenses and the average earnings retained by the employee for the days he is on a business trip (Articles 167-168 of the Labor Code of the Russian Federation).
The basis for issuing the order is a memo from the immediate supervisor of the posted worker on the need to extend the business trip, agreed upon with the head of the organization (individual entrepreneur), as well as a certificate of incapacity for work, the employee’s statement and other documents (depending on the reason for the extension).
Due to the employee’s absence from work, an agreement with him to extend the business trip is reached verbally (for example, by telephone, email). At the time the order to extend the business trip is issued, the employee is on a business trip, so he reads the order and signs it upon returning to work. It should be noted that if the employee belongs to categories that can be sent on a business trip only with their written consent, if it is necessary to extend the business trip, before issuing the order, the employee’s consent to the business trip must be re-requested. If it is impossible to immediately formalize the consent in writing, it is issued upon the employee’s return from a business trip.
Since a separate order is issued to change (extend, shorten) the duration of a business trip, which takes into account all the nuances of such an extension (reduction), there is no need to make changes (corrections) to previously drawn up travel documents (order to send an employee on a business trip, etc.) .
Confirmation: Part 2 of Art. 5, part 1 art. 8 of the Labor Code of the Russian Federation.
Also, if necessary, the employer can:
- recall the employee from a business trip (shorten its duration initially established);
- cancel the employee's business trip (refuse to send the employee on a business trip) in a situation where it is documented, but the employee has not yet left for the place of business trip.
Labor legislation does not regulate these issues, however, it does not contain any prohibitions or restrictions on such actions of the employer.
The actual length of stay of the employee on a business trip is determined by the travel documents that the employee presents after returning from the business trip.
If an employee travels to the place of business trip and (or) back to the place of work on official or personal transport (including by proxy), then the actual length of stay on the business trip is indicated in the memo. The memo is drawn up on the basis and with the attachment of supporting documents confirming the use of the specified transport for travel to the place of business trip and back (waybill, route sheet, invoices, receipts, cash receipts, etc.). The employee presents it to the employer after returning from a business trip. These rules also apply in a situation where an employee gets to the place of business trip using the transport of a person who provides motor transport services on the basis of an appropriate agreement, but does not issue travel documents (tickets).
In the absence of travel documents, the employee confirms the actual duration of his stay on a business trip with documents for renting residential premises at the place of business trip. For example, when staying in a hotel, the specified period of stay is confirmed by an agreement on the provision of hotel services, drawn up in accordance with the Rules, approved. Decree of the Government of the Russian Federation No. 1085 of October 9, 2015
If the employee does not have travel documents or residence documents, then he confirms the actual period of stay at the place of business trip with other documents containing confirmation by the receiving party (organization or official) of the date of arrival (departure) of the employee to the place of business trip (from the place of business trip). For example, this could be a memo and (or) a letter from the receiving party. In the memo about the period of stay at the place of business trip, the official of the organization where the employee was sent must put a mark and his signature, which will confirm the dates of the employee’s arrival at the place of business trip and departure from it.
Confirmation: clause 7 of the Regulations, approved. By Decree of the Government of the Russian Federation No. 749 of October 13, 2008, letters of the Federal Tax Service of Russia No. SD-4-3/20427 of November 24, 2015, Rostrud No. 2450-6-1 of October 19, 2015.
Grounds for issuing an order
The basis for issuing a business trip order is the sending of a memo by the head of the structural unit in which the employee works to the director of the company. This notification must contain detailed information about the need for travel, the purpose of the trip, its required duration, etc.
Based on this document, the management of the enterprise makes a decision, based on the results of which a business trip order is issued. In large corporations, there are often circumstances when a plan, including the timing of business trips, goals and objectives, and their frequency, is drawn up in advance for the calendar year. In such cases, the order can be issued based on the available schedule.