Rules for drawing up an order to recall an employee from a business trip - sample

Often, employers need to formalize the recall of employees sent on a business trip for various reasons.

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Let's consider what legal acts regulate this issue, what documents are needed for registration and in what cases a need for revocation may arise.

Grounds for recalling an employee from a business trip

Reasons for an employee returning early from a business trip:

• completing the task ahead of schedule;
• family circumstances that do not require delay (death or illness of a relative, wedding, etc.);
• urgent resolution of production issues at the place of work;
• illness of the performer (the employee goes on a business trip after recovery);
• dismissal (at one's own request or by decision of management);
• emergency situations that do not allow you to fulfill an official assignment (accident, fire, natural disaster, etc.).

There may be other grounds for an employee’s urgent return to the workplace.

How to write a review from a business trip

The laws of the Russian Federation do not determine the procedure for recalling an employee from a business trip. The procedure is regulated by the internal regulations of the organization. In general, the process includes several stages.

If the trip is interrupted at the initiative of the contractor, then an application is received from the traveler addressed to the head of the structural unit. The note is drawn up in free form and contains the justification for the premature return. The date is indicated and the employee’s personal signature is placed. If there is documentary evidence of the reason (sick leave, letter of resignation), a copy is attached to the application. The document can be sent by fax, mail or communicated orally by telephone.

The head of a structural unit draws up a memo addressed to the director about the need to terminate the employee’s business trip ahead of schedule. The text of the letter indicates the reasons.

The employer studies the current situation and makes a decision to recall the business traveler. An appropriate order is issued.

The posted employee is notified (verbally by telephone, fax, email or regular mail). The text informs the director’s decision and the timing of the employee’s return to the workplace.

ATTENTION! The employee's consent to early termination of a business trip is not required. The manager sets deadlines for completing work assignments and decides on early completion of work.

Word of the law

In order to answer the question of how the procedure for recalling an employee from a business trip is carried out correctly, it is necessary to identify the regulations that govern this issue.

Normative base

Sending employees of enterprises and organizations on business trips is regulated by the Regulations on the specifics of sending employees on business trips.

The rights of employees are prescribed in Chapter 24 of the Labor Code of the Russian Federation.

The definition of a business trip is given in Part 1 of Article 166 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation

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

What local acts should reflect this moment?

The above regulatory documents define the concept, regulate issues of sending on business trips and explain the issues of guarantees provided to employees during forced trips. However, not a single document talks about the procedure for recalling employees from a business trip.

Thus, employers have the right to act at their own discretion and draw up the necessary documents in accordance with already established practice. During the procedure, you will have to prepare a number of documents, which also do not have established forms and can be drawn up in free form.

The procedure for recalling employees from business trips can be reflected, for example, in the internal Regulations on business trips in the organization.

In what cases is it required?

An employee can be recalled from a business trip only for certain reasons.

They can be divided into two large groups:

• established by law;
• approved by the employer as respectful.

The first group of reasons is quite transparent - there is a certain list of circumstances established by current legislation, in the event of which the employee is assigned the right to terminate the trip early.

The second group of reasons are circumstances that arose for the employee, which may be considered valid in the opinion of the employer.

Let us consider in more detail what circumstances may arise and in which cases an employee will have the right to recall.

For family reasons

This reason belongs to the second group.

Current legislation does not provide for any regulated reasons related to family circumstances, in connection with which the employee has the right to terminate the trip early. Thus, the employer has the right to decide at his own discretion whether to leave the terms of the business trip unchanged or issue a recall.

The employee is obliged to inform his employer about sudden family circumstances that prevent him from continuing on a business trip through technical means of communication.

The employer must make an appropriate decision and notify the employee by any means available.

How to apply for a business trip extension? Find out from our article. How to calculate the average monthly salary? See here.

According to production needs

The employer has the right to recall an employee from a business trip if the goals and objectives related to the performance of the official assignment were successfully completed ahead of schedule.

In such cases, the employer also makes an appropriate decision and notifies the employee about it.

Moreover, the latter’s consent is absolutely optional - the Business Travel Regulations regulate the employer’s right to set and change deadlines without obtaining the employee’s consent, if the need to change the deadlines is caused by production needs and early completion of set goals and objectives.

Due to sick leave (due to illness)

According to the definition given in Article 166 of the Labor Code of the Russian Federation, a business trip involves the employee fulfilling the goals and objectives set in the official assignment.

Since while on a business trip, the relationship between the employee and the employer is also regulated by laws and, directly, by the employment contract, the employee has the right to be recalled from the business trip under circumstances that imply the impossibility of performing work duties at his permanent place of work.

Thus, a sudden deterioration in health will be the basis for the possibility of recall from a business trip if this fact is confirmed by a certificate of incapacity for work.

Due to dismissal

Dismissal of an employee for any reason will be grounds for recall from a business trip, since from the moment the employment contract officially ends, the employee is not obliged to perform official duties directly related to the position held.

Other reasons

The reason for recall from a business trip may also be sudden force majeure circumstances that prevent the further implementation of the business trip.

These could be natural disasters, emergencies, terrorist threats, etc.

How to create an order

There is no legally approved form for the order; it is drawn up according to general rules and contains:

• full name of the organization with details;
• order number and date of preparation;
• the reasons for the decision, the list of those responsible for the execution of the order, the deadline for the specialist to return to the workplace;
• basis for the order (number and date of the memo from the head of the structural unit);
• signature of the manager and the persons specified in the order;
• seal of the organization.

IMPORTANT! Upon returning from a business trip, the employee must read the order and sign it within three days.

The order is drawn up on an A4 sheet or on the organization’s letterhead. The administrative act is published in a single copy.

A sample order for recalling an employee from a business trip is available here.

Sample order for downloading

Recalculation due to recall from a business trip

When an organization sends a specialist on a business trip, they issue an order, prepare assignments for the trip with a detailed description of the tasks, and issue a travel certificate indicating the terms of work.

In accordance with Art. 168 of the Labor Code of the Russian Federation, in addition to documents, the subordinate receives an advance to cover expenses (travel, accommodation, daily allowance, other expenses).

The specialist prepares travel reports on the performance of the official assignment and on expenses. The first is transferred to the head of the structural unit, the second - to the accounting department. Supporting documents must be attached to the expense report: receipts, hotel bills, tickets, etc.

If a recall from a business trip is issued ahead of schedule, the accounting department recalculates the advance payment in accordance with the number of days of the trip. The employee returns the excess amount to the cashier, or it is deducted from the salary.

Situation 3. The employee is sent abroad

If an employee goes on a business trip abroad, then in addition to traditional expenses - travel, hotel, visa and others, it is necessary to determine the amount that can be attributed to the purchase of foreign currency.
And here the following dates can be recorded: the employee receives an advance for travel expenses, the employee purchases foreign currency, the preparation and approval of an advance report. For income tax purposes, it is important to know on what date the foreign currency exchange rate must be fixed. Solution

The organization's expenses for income tax (or tax under the simplified tax system) are determined based on the amount spent, which is confirmed by primary documents for the purchase of foreign currency. The date of travel expenses is the date of approval of the advance report (clause 5, clause 7, article 272 of the Tax Code of the Russian Federation).

Quite often, an employee cannot confirm the foreign currency purchase rate due to the fact that the primary document is missing or lost. In such a case, the recommendation of the Ministry of Finance of Russia, given in letter dated January 21, 2016 No. 03-03-06/1/2059, will be useful. It is proposed to compare the amount of expenses in foreign currency with the accountable amount in rubles issued in advance at the official exchange rate of the Central Bank of the Russian Federation on the date of issue of the accountable amount (clause 10 of Article 272 of the Tax Code of the Russian Federation). Thus, if there is no document for the purchase of currency, the organization recalculates the costs incurred by the employee at the exchange rate of the Central Bank of the Russian Federation on the date on which the advance was issued. But don’t miss out, travel expenses are taken into account on the day the advance report is approved.