What is the difference between a business trip and a business trip? How to book business trips

As part of the work of any enterprise, regardless of the form of ownership, it is difficult to imagine that employees perform their functional duties only within the organization.

Important Points

For example, there is a need to conclude a contract. This will require a personal meeting with potential partners, delivery of documents, supply of equipment, verification of documentation, etc. Some trips, taking into account the current legislation in our country, are called business trips, while others, despite the fact that the trip is related to production, are called business trips. Let's try to understand what are the main differences between them.

What is the difference between a business trip and a business trip? In order to clarify this issue, it is necessary to refer to the labor legislation of our country. We will select those key points that relate to the relationship between employees and the employer.

Features of a business trip

According to Art. 24 of the Labor Code of the Russian Federation, certain guarantees are fixed, which are given to an employee sent by a manager on a trip related to his production activities. How does labor law interpret this concept? Are you on a business trip or a business trip? You can understand the difference by armed with Art. 166 of the Labor Code of the Russian Federation. The article specifies the moments at which a trip can be considered a business trip:

there is a written order of the head of the company;
a specific deadline has been set, taking into account the goals and objectives, the complexity and volume of the task being performed (there should be enough time to achieve a positive outcome of the trip);
the assignment was carried out outside the permanent place of work (service).

Let's continue the conversation about what a business trip and a business trip are. The difference between them is not always easy to find. For example, if trips are related to permanent work, that is, the very specifics of work activity involves systematic trips, they are not considered business trips.

Clarifications

How to understand what is ahead for the employee - a business trip or a business trip? The differences between them are discussed in detail in Government Decree No. 749 of 2008. In paragraph 3 of this document, it is explained that the enterprise with which the employee has an official employment contract is considered a permanent place of work.

If there is a written order from the employer, then even sending an employee to a separate structural unit can be considered as a business trip.

Salary payment

Let's continue the conversation about how to distinguish a business trip from a business trip. Let's take a look at a few things about payroll. The term of a business trip is calculated from the day the employee leaves for the destination, ends with the date of return to the place of permanent employment. In each individual case, the question is decided whether the employee will go to work on the day of arrival or will do it the next day. For example, if the train arrived at 20.00 on September 15, then a person will be able to start his official duties only on September 16. If the arrival time is 11.00 on September 15, and the manager needs an urgent report (oral form is allowed) on the work done, the employee goes to the main enterprise on the same day.

What else characterizes a business trip, a business trip? A typical mistake is to calculate wages during such trips.

Explanations on this issue are given in Art. 167 of the Labor Code of the Russian Federation. It guarantees that the employee sent on a business trip will retain the average salary for the entire period of the assignment by him outside the place of permanent work. This also includes those days when a person was on the road or had to be delayed due to objective reasons (extension of the project, postponement of the departure).

Legal aspects

What documents does the employer follow when he pays for a business trip and a business trip? The difference in payroll is noted in Art. 139 of the Labor Code of the Russian Federation. The employee retains his position, place of permanent work. So, a business trip or a business trip involves the travel of an employee who, in the usual mode, performs his official duties at a permanent place of work. It is considered a production necessity. A business trip or a business trip is characterized by direction by order (or instruction) for a specific period. During this period, the employee is obliged to perform the task given by the employer elsewhere.

Thus, if a person works even in the same city where he permanently resides, but in a different company (another structural unit), such activity is a business trip and a business trip. The difference with the usual trip exists in the reimbursement of expenses incurred by the employee.

How do they pay

There are certain rules under which the reimbursement of expenses incurred during the trip by an employee. According to Art. 168 of the Labor Code of the Russian Federation, the employer must reimburse all material expenses that relate to a business trip. Among them are:

daily expenses;
other monetary costs that are required for the full performance of the official assignment, which are justified by the economic benefit for the company that sent the employee to perform a specific assignment (according to local acts approved by this organization).

What is included in the concept

There is no exact definition of the term "business trip" in the domestic labor legislation. But according to Art. 166 of the Labor Code of the Russian Federation, clarifications are given, according to which such a trip includes work performed on the way, or activities that initially have a traveling character. For example, the professional activity of a driver is associated with constant business trips, despite the fact that when he comes to work, he always leaves from one place and returns there after the end of the work shift.

The courier who delivers official documentation to various places in the city, when signing an employment contract (when hiring), agrees to such working conditions.

In such cases, an additional order to send an employee on a business trip is not issued, and travel expenses are not expected to be paid.

The administration of the organization, taking into account the peculiarities of production, is obliged to independently develop and approve, with the consent of the trade union body and employees, a list of those professions (positions) that perform their main duties while on the road. Also, such local acts indicate the amount of compensation and the sequence of payments related to travel.

Summing up

In many enterprises, including government agencies, situations arise when an employee must go to another city (another structural unit) in order to perform a certain task. For example, at school, a business trip will be escorting children to the Olympiad, competition, research conference.

The principal of the school issues an order to send the teacher on a business trip, forms a job assignment for him. After the reception, the employee submits travel documents to the accounting department (bus and train tickets, checks for paying for hotel accommodation). In addition to reimbursement of such expenses, the employee is paid per diem, the amount of which is established by local acts of the educational organization.

There is a list of specialties that are associated with the constant performance of traveling work. They must be listed in the local documents of the organization, brought to the attention of the employee during his employment.

The main difference between a business trip is the issuance of a job assignment by the head of the company, the need to provide a detailed report on its implementation. The duration of the trip depends on the complexity of the assignment, as well as on climatic conditions, the remoteness of the settlement from the central region, and infrastructure.

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 in accordance with the general norms for calculating the average wages 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 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, research institutes and repair teams to field work 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 predetermined in documents, statutory acts and employment contracts, which is the responsibility of the 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. There are no obligations to report an employee on financial expenses on a business trip, just like the rules for regulating this issue. But often the employer applies the same principles and approaches as for paying travel expenses.

It is necessary to take into account business trips and business trips of employees. 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. In turn, the place of permanent work is considered to be an organization or structural unit in which the employee performs the functional duties assigned to him by the employment contract on a permanent basis.

personnel records management

Business trips should be distinguished from business trips of employees whose permanent work is carried out on the road, has a traveling character, is carried out in the field or is associated with expeditionary activities. Such working conditions are normal for them, as they are initially reflected in the employment contract.

When sending an employee on a business trip, the employer must take into account a number of legal requirements, since their violation can lead to substantial fines and / or administrative suspension of activities. The Labor Code provides for an employee who is sent on a business trip, certain guarantees - the preservation of the place of work, average earnings, reimbursement of expenses. There are categories of employees who, according to the Labor Code of the Russian Federation, cannot be sent on business trips at all (for example, pregnant women or minors under 18), as well as categories that are allowed to be sent only with written consent (for example, women with children under 3 years old).

After the manager makes a decision to send an employee on a business trip, an appropriate package of documents is prepared.

A job assignment is issued with a detailed statement of the purpose of the trip, signed by the head. Upon returning from a business trip, the employee must fill out the “Summary report on the assignment” column in it. Here you can describe the work done, but not fixed on paper (search for clients, attending presentations, negotiating). The head of the structural unit checks the employee's report, makes a note of completion and puts his signature and date.
Based on the assignment, an order is prepared to send an employee on a business trip. The employee must be familiarized with this document against receipt.
A travel certificate is issued, which indicates the time of arrival at the destination and the time of departure from there. If the employee had to visit different places, then the date and time of arrival and departure must be entered in each of them. These marks are certified by the signature of the responsible person and the seal of the company to which the employee was sent. Based on these marks, the actual time spent on a business trip and the amount of monetary compensation are determined. The text of the travel certificate practically coincides with the text of the order on sending on a business trip. The employer has the right not to draw up both documents at once, but to limit himself to one of them. For example, if an employee is sent not to a specific company, but to collect information, search for customers, create a network of points of sale for goods, then a travel certificate loses its meaning. Representative offices and branches of foreign firms do not have to issue a travel certificate, an order is quite enough.
In the accounting department, the employee fills out an advance report listing travel expenses (including per diem) and indicates the details of supporting documents. For example, this may include: payment for travel to the place of a business trip and hotel accommodation, additional hospitality expenses of an employee, etc.

The main feature for qualifying a business trip is the actual nature of the employee's permanent work. Examples of professions that involve work on the road: electric train driver, conductor, stewardess, etc. Builders or geologists work in the field. The work of drivers, insurance agents, couriers is connected with constant traveling.

If the permanent work is not connected with traveling, the trip will be considered as a business trip. An example is the trip of the chief accountant to a new branch for accounting.

checking personnel records

There are many positions and professions that involve both office work and business travel. For example, the work of a sales manager, marketer, equipment setup specialist, computer program debugger. On the one hand, the trips of such employees can also be classified as business trips - after all, they go on them periodically, spending most of their working time in the office. On the other hand, business trips are part of their daily job responsibilities. Therefore, such trips can be considered related to the traveling nature of the work.

Errors in accounting for business trips and business trips are often detected when. In order to avoid such errors in record keeping, it is better for a company to draw up a separate list of employees with a traveling nature of work, and approve it by order of the head of the organization, a local regulation or a collective agreement.

, managing partner of the law firm BLS.

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 the lack of necessary documents can create completely 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 corporate documents do not include possible accidents during business trips, it will be difficult to prove the connection of the accident with the production and receive the required payments from the Social Insurance Fund for injured employees.

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:

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.
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.
Preferred and alternative modes of transport. Depending on the distance or transport accessibility, you can specify different options (corporate, public) to avoid unreasonable costs and reduce the risk of accidents.
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).
Deadline and procedure for submitting a business trip report.

Traveling nature of work and work on the road are 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.
A distance that is not included in working hours, 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, open a representative office in the region, even if it does not exist;
conduct a special assessment of 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 is the most important 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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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 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 ambiguous thing in this case 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. The job description contains a list of the duties of the employee, and these duties serve as a justification for the fact that the nature of the work is recognized as traveling.
The constant and long-term (2 - 3 weeks) performance of official tasks outside the place of permanent work in the described case, according to the indicated criteria, indicates that the employee was sent 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 reimburse, in excess of the average earnings retained by the seconded employee, the costs of travel, renting accommodation, daily allowances, as well as other expenses incurred by the employee with the permission or knowledge of the employer.
In addition, the employer will be obliged 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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