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From time to time it may be necessary to send an employee on a business trip. In a number of situations, a citizen will be able to get time off. The specifics of providing additional days off are regulated by the Labor Code of the Russian Federation. However, this is not always the case. To understand in advance whether an employee can qualify for time off for work done, it is worth familiarizing yourself with the latest information on the topic.
Labor Code of the Russian Federation
The Labor Code of the Russian Federation does not contain the concept of “time off”. In practice, the definition refers to the time that is provided to a citizen for rest for a previously worked period of time. Article 167 of the Labor Code of the Russian Federation describes the situation when a day off coincides with the period of being on a business trip. Something like this can happen:
- directly at the place of work;
- during the journey to the place of work;
- the citizen was specifically sent to perform an official task during his legal vacation.
Regardless of where he is, a person must adhere to a work schedule. The employee is paid the average salary according to the employer's standards. If a citizen is forced to go to carry out an assignment from an employer by order of the company, after returning back he has the right to claim compensation. According to Decree of the Government of the Russian Federation No. 742, the moment of departure is the date of departure of the vehicle from the locality in which the citizen carries out permanent work activities. The moment of arrival will be considered the date of arrival.
For your information
Article 153 of the Labor Code of the Russian Federation fixes the possibility of receiving alternative remuneration. A person has the right to apply to an employer for double pay. Payment is provided based only on the actual time worked.
Is it necessary to apply for employment on days off?
A business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work.
Business trips of employees whose permanent work is carried out on the road or has a traveling nature are not recognized as business trips (Article 166 of the Labor Code of the Russian Federation). note
The specifics of sending employees on business trips are established in the manner determined by the Government of the Russian Federation. Currently, there is a Regulation on the specifics of sending employees on business trips (hereinafter referred to as the Regulation), approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749.
In almost every company there are situations when it is necessary to work on a day off. And, perhaps, you had to go on a business trip, for example, on Sunday, in order to start work on Monday. However, it should be remembered that by sending an employee on a business trip on a day off, the employer not only entrusts him with performing an official task in pursuit of the goals of his business, but also deprives him of a well-deserved rest.
Accordingly, without any doubt, it is necessary to formalize employment on a day off if the day of departure on a business trip falls on the employee’s day off. Let us recall that by virtue of Part 8 of Art. 113 of the Labor Code of the Russian Federation, involvement in work on a day off in all situations is carried out by written order of the employer.
Some employers believe that by issuing an order to send them on a business trip and familiarizing the employee with it against signature, they have fulfilled the requirements of labor legislation regarding being required to work on a day off. This opinion is wrong: an order to be sent on a business trip is not enough. An additional order is required to be hired to work on a day off.
Time off for a business trip on weekends
Time off for a business trip is not always given to an employee. For an employer to agree to provide additional rest, the following conditions must be met:
- the employee submitted a written application requesting compensation;
- the person has provided documents confirming the amount of travel costs and the duration of the business trip;
- The citizen has documented the chosen method of compensation.
Upon returning from a trip, an employee of the organization has the right to take an additional day of rest or refuse it. If a person decides to use an alternative compensation method, he will be able to receive double payment for overtime.
Attention
It is worth paying special attention to the order that serves as the basis for sending a citizen on an official assignment. The document must contain information about sending a specialist to work on a day off. Additionally, the possibility of receiving compensation is indicated. Lack of information will become an obstacle to subsequent reimbursement of overtime processed.
A person can use the right to time off after returning from a business trip. You can apply for compensation immediately. If for some reason this is not possible, the specialist has the right to contact the employer later within a month. The company has the ability to independently set the amount of remuneration for overworked time. The amount of the amount should not be lower than the requirements set out in current regulations.
GVP answers: Providing additional rest after a business trip
Question:
Hello! The military unit where I am serving under contract was sent on a business trip to a training center in the city of Mirny. The commander of our unit put the entire unit in barracks position. He forbade leaving the territory of the training center even on weekends. We have formations all day long. They start at 6 am and end at 21:30 at evening verification. Tell me what we should do and how we can take the weekend after such a business trip? The duration of the business trip is 40 days. And further. The unit commander forced everyone to buy tickets at his own expense under the threat of dismissal, since the advance payment for the business trip was not transferred to us on time.
Alexey, Novosibirsk
Answer:
In accordance with paragraph 3 of Article 11 of the Federal Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ (hereinafter referred to as the Law), the total duration of weekly service time of military personnel serving under contract should not exceed the normal duration of weekly working time, established by federal laws and other regulatory legal acts of the Russian Federation. The involvement of these military personnel in the performance of military service duties beyond the established duration of weekly service time in other cases is compensated by rest of the corresponding duration on other days of the week. If it is impossible to provide the specified compensation, the time spent performing military service duties in excess of the established duration of weekly service time is summed up and provided to military personnel in the form of an additional day of rest, which can be added to the main leave at the request of these military personnel.
Exceptions to this rule are provided for in paragraph 3 of Article 11 of the Law, according to which combat duty (combat service), exercises and other events (for example, in the Russian Ministry of Defense, the list of events that are carried out if necessary without limiting the total duration of the weekly service time of military personnel is approved by order from November 10, 1998 No. 492), are carried out if necessary without limiting the total duration of weekly service time. Additional days of rest, which compensate military personnel for participation in these activities, are not counted towards the main and additional leave and are provided in the manner and under the conditions determined by the Regulations on the procedure for military service.
Thus, accounting for the time when contract military personnel are involved in performing military service duties on weekdays in excess of the established duration of weekly duty time (hereinafter referred to as overtime) and separately accounting for the involvement of these military personnel in performing military service duties on weekends and holidays (in hours), as well as accounting (in days) of the additional days of rest provided to them in accordance with paragraph 1 of Article 11 of the Federal Law “On the Status of Military Personnel” and the rest time provided to them (in hours) is kept by the unit commander in the journal. The correctness of the entries in the journal is confirmed weekly by the signature of the serviceman.
When the total overtime time reaches the value of the daily time established by the regulations of official time for the performance of official duties, a military man performing military service under a contract, at his request, is provided with additional days of rest on other days of the week or they are added to the main leave.
Additional days of rest of no more than 30, added to the vacation, are not included in the duration of the main vacation. The time of involvement of a serviceman performing military service under a contract in activities carried out without limiting the total duration of weekly service time is taken into account in days. For every three days of involvement in these activities, the specified serviceman is provided with two days of rest, established by paragraph 3 of Article 11 of the Federal Law “On the Status of Military Personnel” (based on the distribution of service time and rest time in one day - 8 hours and 12 hours). Rest time that compensates for participation in these activities is provided to a soldier performing military service under a contract, as a rule, upon completion of these activities, taking into account the need to maintain the combat readiness of the unit and the interests of the service.
It is necessary to take into account that, in accordance with paragraph 3.1 of Article 11 of the Law, military personnel serving in formations and military units of permanent readiness, transferred in the prescribed manner to be recruited by military personnel undergoing military service under a contract (hereinafter referred to as formations and military units of permanent readiness), additional rest in in accordance with paragraphs 1 and 3 of Article 11 of the Law is not provided.
Based on the right of military personnel, enshrined in paragraph 1 of Article 20 of the Law, to travel free of charge on official business trips, the actions you cited of the commander of a military unit, who forced, under the threat of dismissal, to purchase tickets to travel to the place of business trip at his own expense, are unlawful. Due to the lack of necessary data in your question for a prosecutorial response, you have the right to contact the nearest military prosecutor’s office to conduct an investigation, bring the perpetrators to justice and restore your rights.
Time off for a business trip on weekends in the report card
The reworked period must be recorded. A time sheet was created to reflect the information. Information is entered based on travel documents provided by the employee. A mark on the performance of work outside the usual place of work is affixed in “K” or “06” font. An organization may have its own travel designations. The number of hours worked is not indicated. Based on the entered data, the employee will be able to receive wages.
If a person on a business trip is forced to work on his day off, the designation changes. An authorized employee is required to record this fact. For this purpose the code “РВ” is used. Additionally, a code is placed indicating the fact that you are on a trip. If the mark is missing, the person will not be able to receive increased pay for the work.
If no work activity was actually carried out, a standard mark is affixed. There is no payment for this day, but the person will be able to receive daily allowance and accommodation compensation.
Working on a day off is paid double
The amount spent by the employee on travel to and from the place of business trip refers to the period of the business trip.
In this regard, the average salary must be paid to him for this day (for the day of departure and arrival) as for the day of the business trip.
Remuneration for an employee if he is involved in work on weekends or non-working holidays is made in accordance with labor legislation (clause 5 of the Regulations on the specifics of sending employees on business trips, approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).
The day of departure, arrival of an employee on a business trip on a day off, as well as his involvement in work on a day off must be compensated according to the rules established by Article 153 of the Labor Code.
It provides that work on a weekend or a non-working holiday is paid at least 2 times the amount.
Thus, if the day of departure on a business trip or return from it falls on a weekend, then such a day is subject to payment at double the rate.
The Ministry of Finance drew attention to this in letters dated 02/21/2020 No. 14-1/OOG-1110, dated 07/09/2019 No. 14-2/B-527.
At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest.
In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment (Part 4 of Article 153 of the Labor Code).
Previously on the topic:
How to pay for a day off on a business trip
