How to refuse trips: conditions of a trip, payment, legal ways and reasons for refusing, advice and recommendations of lawyers

A business trip is the direction of a specialist by an organization to perform direct work duties in the area, a short one is located remotely from the workplace. Such trips are necessary for the enterprise in order to carry out activities to attract new customers, as well as to organize cooperation moments with contractors, for the need to search, research, control new areas of development, to purchase goods and arrange services.

Legislatively stipulated that an employee on a business trip must retain his position, salary, and workplace. An important point is that all expenses that are incurred during the trip (meals, travel, accommodation, etc.) must be reimbursed by the organization of the employee.

Labor Code of the Russian Federation

The legislation defines the general procedure for sending specialists on a business trip (Chapter 24 of the Labor Code of the Russian Federation). Any additional conditions may be prescribed in the internal regulations, regulations, as well as in the employment contract. Any employee can be sent on a business trip, regardless of length of service and position. In the case of a citizen carrying out unofficial labor activities, the authorities still have the right to send him on a working trip. Another question: "Is it possible to refuse a business trip?".

The head of the organization is not required to ask a specialist for permission to travel, because such an action is not an infringement of the right of the worker. In the Labor Code of the Russian Federation, restrictions are established for a group of persons sent on official trips. In this regard, many employees are wondering: "How to abandon business trips officially?" It is important to know that there is a complete ban on secondment for the following groups of people:

• pregnant women;
• employees under the age of 18 (with the exception of creative activity);
• disabled people in cases when the trip interrupts the course of rehabilitation measures.

Of course, everyone understands that this is a rather small list. There are still many situations in life where long trips will be very difficult. When can I refuse a trip? The legislative framework enshrines the following list of citizens who cannot be sent for a forced work trip, but it is still possible with their written consent:

• women who have a child under the age of 3 years;
• employees whose work is based on a student agreement;
• a parent who independently raises a child who is under 5 years old;
• specialists who care for a disabled relative;
• employees who are the official guardians of children under the age of 18;
• candidates who are applying for service in the state structure (for example, elections).

It is important for the employer to remember that when sending the abovementioned persons on a business trip, it is mandatory to prepare an order (notification) about their consent, where the employee’s signature will be a confirmation of his will.

What information should a trip notification contain?

This document must contain:

• business trip period;
• arguments, reasons for the need for its implementation;
• the entire legislative list of employee rights, which explains how to refuse trips, if there are specific reasons;
• guarantees that the employer gives upon consent to a business trip (premium, reimbursement of specific types of expenses, etc.);
• date of the document and signature of the head.

It is worth supplementing the notification with a column where the employee will be able to personally confirm the fact of familiarization and delivery of the document. For illegal coercion to a working trip, the head bears administrative responsibility, which is prescribed in the Code of Administrative Offenses of the Russian Federation, part 1. Article 5.27.

Reasons for refusal: respectful and disrespectful

In Russia, a business trip is the duty of an employee in the process of carrying out labor activities. How can I refuse a business trip, what good reasons should an employee have? It is important to understand here that if an employee gave written consent to work trips, failure to comply with the organization’s requirements entails disciplinary action and other unpleasant consequences.

But even the lack of documented consent from the employee will not be an exception to disciplinary action against him. Of course, if possible, the leader will listen to the wishes and capabilities of the employee and, possibly, will postpone the trip or appoint another person to it.

How to refuse travel for a good reason:

• the presence of health problems of the worker, medical contraindications, as well as the presence of health problems of a close relative;
• Emergency that affected the life of the employee: property theft, flood, fire, etc.;
• any urgency in the preparation of documents requiring urgency in carrying out actions: inheritance, obtaining a passport, execution of property transactions;
• death of a family member;
• the presence of an important family event during this period of time (anniversary, wedding anniversary, marriage, admission of a child to a university, etc.);
• raising children with disabilities;
• in the absence of advance information about the fact of a business trip;
• errors in the accompanying documentation;
• with insufficient financing of the trip or full non-payment of an advance for future expenses.

The disrespectful reasons why an employee refuses a business trip include:

• employee’s personal unwillingness;
• if the trip coincides with certain holidays;
• adverse weather conditions;
• other factors that are unimportant.

Regardless of the current situation, workers are advised to exercise their right and refuse to travel, using all permissible legal methods:

• try to negotiate with the leader to reach a compromise;
• give reasons for the unreasonableness of the trip and the inappropriateness of expenses;
• the employee can offer his assistance in preparing for the trip;
• select a potential candidate to replace;
• check thoroughly all the documentation for the trip;
• to control the timing of the advance payment of expenses on a business trip.

Instructions on how to refuse work trips

Can I refuse a business trip? This issue worries many workers. If this is the intention, he must notify the management in writing. In such a document, it is necessary to provide weighty arguments that influenced this decision.

How to refuse business trips for family reasons? In this case, it is necessary to write a statement in writing and notify the employer of any problems that have arisen.

Details for the disclaimer:

• addressee of the application;
• information about the applicant;
• document's name;
• basis, reason for failure;
• a proposal to find a compromise and resolve the issue;
• date and signature.

Can I refuse a trip for health reasons? In this case, the basis will be the presence of medical contraindications or illness of the employee in this period.

The grounds for a contract serviceman to refuse a business trip

It is known that the law regulates the procedure for military service. This was recorded on March 28, 1998 in Federal Law No. 53. Can an employee refuse a business trip while undergoing contract military service? Yes, he has the right to it, but concrete grounds for such a statement are necessary:

• the presence of a disease requiring inpatient treatment;
• poor health status of the dependent;
• in case of early execution of tasks;
• the presence of disciplinary violations during a business trip;
• when necessary;
• emergency family circumstances that require the personal presence of a soldier;
• other events and circumstances that require the direct presence and participation of a citizen.

It is important to know that any refusal to travel for unreasonable reasons, as well as if the employee during the trip behaves inappropriately, will lead to an investigation of the reason for evading direct duties and, accordingly, to taking measures to impose punishment.

When preparing a statement about the need to reduce the duration of the trip, it is necessary to indicate in the heading of the document the name and initials, as well as the position of the fighter. The statement itself needs to indicate specific reasons for shortening the duration of the trip. The application is sent to senior management and is submitted for consideration. Until approval is obtained, a soldier cannot arbitrarily leave a duty station.

In what cases can not refuse a trip?

It is impossible to avoid a business trip in cases of disapproval of this action by management. Can I refuse a trip if the employee has not signed an order to send him there? Definitely not, this is not a reason.

In addition, there are a number of situations in which even the presence of a good reason does not make it possible to refuse a trip for official purposes. For example, the presence of an emergency in an organization where a solution to a problem is made for business purposes. Also, in court proceedings for the recognition of bankruptcy of an enterprise, if a specialist is sent on a trip with the aim of concluding agreements with new customers and so on.

As for the military, they are assigned a clause on rigorous secondment by orders of the commander of the leadership.

Resulting consequences

Responsibility measures for employees who refuse to travel on business for unreasonable reasons are enshrined in the Labor Code in Art. 192-193. These include:

• comments;
• reprimands;
• dismissal from a post.

Before assigning punishment to an employee, superiors must study and evaluate the weight of the arguments, as well as evaluate the damage to the company. The simplest form of punishment is a remark. It can be in written and oral form. But the reprimand can already be entered in the labor book of the worker, which can adversely affect further professional activity.

Disciplinary Action Plan

In order to give a reasoned assessment of the misconduct and assign the appropriate punishment to the employee, you need to know on what basis you can refuse a trip, and the head should adhere to the following plan:

• definition of misconduct in writing;
• punishment may be imposed only within a month from the date of violation (sick leave, leave not taken into account);
• the term for prosecution of an employee should not be more than 6 months;
• consideration of the written justification of the employee refusing a business trip;
• for one misconduct, you can assign only one penalty;
• the employee is given a two-day period so that he can familiarize himself with the order on the measure of punishment.

Often, managers as a punishment reduce the size of the bonus to an employee who has violated discipline, but only if it is stipulated in the contract. In this case, the manager will be required to submit a memorandum or memo, which must indicate the reason for the deprivation of bonus payments.

The disciplinary liability of military personnel is applied if there is a legal or factual basis. Sometimes such misconduct leads to the termination of the contract of contract service. The reason is a complete or partial failure to fulfill the conditions of service.

Can they fire?

How to refuse a business trip at work, will this not cause dismissal? In the event of a one-time refusal to travel for official purposes, there are no grounds for terminating the employment contract. If misconduct is systematic in nature without good reason, then the dismissal of the employee is possible according to Art. 81 of the Labor Code of the Russian Federation. The employee has the right to appeal such a decision to specialized authorized state bodies: the labor inspectorate, the CCC, the court, etc.

It is important to understand that if an employee refuses to sign a travel notice, this will be a disciplinary violation. An unconfirmed statement by the worker that the amount of the advance payment for travel expenses is insufficient will not be the basis for canceling the trip.

Conclusion

The Labor Code is far from an exhaustive document that regulates the relationship between the employee and the manager. But it contains a base of rules, which both parties must comply with. In any particular controversial situation, there are at least 2-3 possibilities for resolving it. The best thing is to avoid disputes and conflicts, as well as to find a compromise. The employer must comply with the legal framework, creating favorable conditions for travel for workers. The employee, in turn, must understand that cunning and deceit are punishable, and it is better to fulfill their professional duties in good faith.