Business trip order: extension, change of dates, cancellation

Many enterprises and organizations send their employees on business trips. Often circumstances change, and it is necessary to change the timing of a business trip, postponing the departure to another date.

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At the same time, an order from the manager is drawn up, the procedure for drawing up and other nuances of which we will consider today.

Employee initiative

In most cases, the duration of a business trip changes at the initiative of the head of the organization or due to unforeseen circumstances. But sometimes the situation develops in such a way that the employee himself is forced to stay late, on his own initiative, and more often - out of necessity.

If he is delayed by illness, he is obliged to provide his boss with a certificate of incapacity for work.

If he simply did not complete the tasks assigned to him on time and needs additional time to complete them, then the business trip, of course, increases. But upon return, the organization’s financial department will have every reason to impose penalties.

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.

Is employee consent required?

In order to send an employee (or several) on a business trip, the employer is not required to obtain his consent in advance. The manager’s orders may suit the employee or not, but he must obey his order if he does not want to lose his job.

Therefore, an order to change the timing of a business trip can also be issued without written consent. There are a number of exceptions to this rule. The Labor Code suggests that an employer can make such categorical decisions only if the employee does not belong to one of these categories:

  • Women with children under 3 years of age.
  • Single mothers and single fathers who have children under 5 years of age.
  • A child under 5 years of age is under the care of an employee of either sex.
  • Guardians or parents of a disabled child.
  • An employee caring for a sick family member.

Moreover, the employee’s signature on the order may not mean that he agrees with all points of the document. This signature just means that he was familiar with the content. This legal subtlety is often used in legal proceedings between an employee and an employer.

For this reason, it will be necessary to obtain the employee's written consent to ensure that the employee's civil rights are respected.

Transferring a business trip to another date

The employer directly influences the transfer of a business trip to another date. He can independently change the departure date or arrival date of the employee, at his own discretion. Based on the executed document, the business trip can be postponed to an early or late period, it can be extended, and so on. All this is done to ensure that the final goal of the job assignment is achieved. To change the travel dates of a department employee, you need to create another order.

Despite this, the transfer of a business trip will still be reflected in tax and accounting records. The change will be the period of time during which the expenses were actually incurred. When renewing or recalling an employee, the amount of expenses will automatically be either increased or decreased, respectively. In this case, all expenses will be recognized and documented only upon the employee’s return. Consequently, changing the time period will not lead to data adjustments either in tax or accounting.

Law on issuing an order to reschedule a business trip

In accordance with Article 166 of the Labor Code of the Russian Federation , a business trip is considered to be a trip by a citizen who is employed in a company for a certain period at a strictly designated time. It can be sent according to order T-9a, if several employees are going on a business trip, or T9, if only one is going on a business trip. To cancel or reschedule it, you will need to issue a special order. This can be done either by the director of the organization or the head of the department, if such powers are transferred to him. The document is usually republished. You cannot make changes after it has been submitted for signature.

Drawing up an order to reschedule a business trip to another date

Sometimes you don’t need to cancel a business trip, but reschedule it to a specific date.

In order to issue such an order, you must have compelling reasons:

  • Family problems;
  • Difficult circumstances that require time to correct the situation;
  • Illness of an employee assigned to a business trip;
  • Transfer due to production needs.

To complete it correctly, follow the instructions below:

  • Identify the reasons why it was necessary to postpone the date of departure on a business trip;
  • Based on the result, draw up a memo addressed to the head of the company;
  • Make a provision stating that the business trip must be rescheduled.

Who signs the order to postpone a business trip to another date?

Like any other order, it is signed directly by the head of the company.

The head of the company can be one of all the founders or an employee who was hired for this position. He must have the right to act on behalf of the organization without a power of attorney. This includes the signature of all documents and orders. In this case, the manager may go on vacation or catch a cold. In such a situation, a power of attorney is issued to another person, for example a deputy, who will be able to sign similar documents in the future.

The employee must be familiarized with this document. We are talking about any order of the manager regarding full-time employees. After reading and reviewing, the employee must sign the document. Many people believe that if an employee signs the corresponding order, then he agrees with it. The signature states that the person is aware, not that he accepted the order.

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.

What does the law say?

The current legislation determines the procedure for sending employees on business trips.

At the same time, there is no document that would regulate the procedure for processing the transfer of a business trip. In practice, a certain procedure has developed that is used by organizational leaders in such situations.

Thus, the form of the order and the procedure for filling it out must be enshrined in the local regulations of the enterprise.

It is prohibited to make changes to the main order for sending on a business trip.

It is necessary to create a new document that will reflect the main provisions and aspects of the postponement.

Normative base

The sending of employees on business trips is regulated by the Regulations on the specifics of sending employees on business trips.

This regulatory legal act was approved by Decree of the Government of the Russian Federation No. 749 of October 13, 2008.

Decree of the Government of the Russian Federation of October 13, 2008 N 749

When is it needed?

An order to reschedule a business trip is required in the following cases:

  • Due to production needs. For example, an employee had to go to another city to conclude a contract with suppliers, and the contractors, in turn, were unable to arrive on time or postponed their arrival.
  • Due to family or personal circumstances of the posted employee, which will prevent work travel within a certain time frame. Depending on the reasons, the head of the organization has the right, at his discretion, to reschedule a business trip or cancel the trip altogether.
  • Due to force majeure, natural disasters, emergency situations. These and other aspects may create conditions that are impossible to travel on a business trip. Depending on the seriousness of the current situation, the manager may issue an appropriate order to postpone the business trip to another date.

Example:

Vasiliev S.A. was supposed to go on a business trip on May 16, 2021. However, due to severe flooding, road traffic was difficult. What should be done in this situation?

Solution:

  • Stage 1. Bus tickets are handed over. The relevant documents are attached to the memo.
  • Stage 2. A memo is drawn up by the head of the structural unit in which Vasilyev works, with documents attached regarding the return of tickets.
  • Stage 3. Based on the note, an order is issued indicating new dates for the business trip.

How to issue an order for a director’s business trip? Find out from our article. Is it possible to fire a father of many children for absenteeism? Read here.

Types of business trips and shelf life of orders

All documentation regarding business trips, including the order described, is stored for either 5 years or 75. This will depend on what type of business trip was involved in the organization.

If the business trip was long-term (it lasted longer than 6 months), then you will have to keep the order in the archives for 75 years. If the duration was short - no more than a couple of months - then the organization has the right to destroy the document after 5 years of storage. The exception is harmful working conditions. They always keep documentation for 75 years. An order to change the timing of a business trip is no exception.

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.

The procedure for reducing positions in the staffing table

The decision on the need to reduce staff is made by the head or group of founders after an economic justification for the effectiveness of such an event.

Pregnant women, caring for a child under three years of age, and parents of minor children with disabilities cannot be removed from the workforce.

In other cases, the reduction of an employee is carried out according to the established procedure, enshrined in Articles 180 and 261 of the Labor Code of the Russian Federation.

The process can be divided into several stages.

  1. To justify a decision to reduce positions, the basis must be in writing.
  2. Further, the procedure involves notifying the trade union body (if present).
  3. The enterprise is obliged to issue an order about the upcoming change in staff and the removal of positions from the staffing table, which must be familiarized to all persons who are subject to reduction. Familiarization is carried out against signature.
  4. If any employee refuses to personally sign a document, information about such a deliberate violation of the order must be reflected in further consideration of cases.
  5. The final stage is the final settlement with employees. The employer is obliged to fully pay wages, bonuses and social benefits, and severance pay.
  6. The process ends with the return of personal files, work books and other personnel documents to employees.

The procedure for reducing a position must be controlled by the head of the enterprise. He is also obliged to certify the order.

The process of preparing a “layout” of an order is often entrusted to personnel department employees, legal consultants or deputy managers in small organizations (in exceptional cases, a secretary can draw up an order).

How to place an order?

There is no single form in which an order must be drawn up, but it must be drawn up according to the rules of office work and contain references to Articles 84, 180 and 261 of the Labor Code of the Russian Federation.

Each organization has the right to issue a local act and regulate the process of creating an order to reduce staffing.

An example structure is as follows:

  1. The header should indicate the full name of the organization, its legal status, the name of the order with a unique number, the date and place of drawing up the document.
  2. The main part consists of two components. The first is to prove the need to reduce staff - here you can indicate the number of the founders’ decision, the decision to liquidate structural divisions, etc.
  3. The second paragraph of the main part should begin with the phrase “I order...” and reflect all the necessary information about the upcoming staff reduction: the date, positions, and persons being laid off are indicated. Here you also need to indicate instructions on the urgency of preparing notifications, notifying the employment center and preparing dismissal orders for each employee individually.
  4. Below are the names of the persons responsible for the correct execution. Most often, the head of the personnel department and the chief accountant are appointed supervisors. Those responsible must put personal signatures with a transcript, thereby confirming that they are familiar with the decision made. After the manager’s signature, the seal is affixed only if its use is enshrined in the company’s practice.

This act should be stored in the HR department in a special journal in order to simplify the preparation of reporting if necessary, as well as to simplify and optimize document flow in the organization.

An employee whose position has been reduced has the right to challenge the decision within a calendar month in accordance with Articles 392 of the Labor Code and 24, 28, 29 of the Civil Code of the Russian Federation.

By law, an employee can demand severance pay if he was not given one, receive average earnings for downtime, or recognize the reduction as illegal if he is included in one of the preferential categories of employees.

Sample order to reduce a position in the staffing table.

If the employee went on a business trip earlier

If the employee went on a trip earlier than the deadline specified in the order, then payment for tickets will not be compensation for the work trip. The reason for such an early departure may be the employee’s personal affairs or other motives that are in no way related to the performance of work functions. So expenses for paid travel simply will not be considered business trips, and therefore will not be regulated by the Labor Code (Article 166 of the Labor Code of the Russian Federation).

Time limits

The same standards are used in cases where an employee returned from a work trip late, that is, the arrival date was later than recorded in the work order. In other words, if there is a significant delay in the return date, inspectors may regard compensation for travel as the employee’s income in accordance with subparagraph 1 of paragraph 2 of Article 211 of the Tax Code. This means that the employee received economic benefits (Article 41 of the Tax Code of the Russian Federation). Then the company’s payment for a “late” return ticket will be considered its income in kind. Consequently, according to the provisions of Article 211 of the Tax Code, the cost of travel should be subject to income tax. It is worth noting that the same rules apply if the worker left for the place of business trip before the start of the official task.

Read also “Travel expenses: calculation and payment of daily allowances”

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