A business trip is one of the official duties of an employee. By law, it is not an obstacle to dismissal.
Often, both employees and employers are interested in the question: is it possible to dismiss at their own request during a business trip? And vice versa: is the employee’s dismissal on a business trip on the initiative of the employer? We turn to the Labor Code of the Russian Federation.
Dismissal on a business trip at his own free will
Forced labor is prohibited by the legislation of Russia, which means that each employee has the right to quit at any time. Even if you make a dismissal on a business trip day. But it will be necessary, if only the employee and the employer do not agree on a shorter term. This time is given to find a replacement for the employee.
The application in writing can be submitted both on a business trip and before it begins. Thus, the end of the employment contract will be released on the day of the business trip. From this moment, the employee should not fulfill official obligations and must return home.
The employer will need to create an order to review the employee. Only after that can you begin the process of dismissal.
The dismissal of an employee on a business trip at the request of the employer
During a business trip, an employee is not at a permanent place of work. According to the law, the workplace is preserved. Is it possible in this case, the dismissal during the business trip on the initiative of the employer?
In the Labor Code of the Russian Federation there are no paragraphs indicating that this is impossible. So the employer can issue dismissal during a business trip. True, there should be good reasons, among which:
- Liquidation of the enterprise;
- Staff reduction, including the positions of a business being;
- Discovery of a low qualification of an employee, which affects the quality of work;
- Violation of the discipline of labor by an employee several times (for example, absenteeism, systematic delay);
- Theft;
- Disclosure of secrets protected by law;
- The appearance in working hours in a state of alcohol, narcotic or other toxic intoxication;
- And another.
In order to issue dismissal due to the reasons listed above, the employer needs to reinforce this documented and carry out the procedure strictly under the law.
Calculation procedure after business trip
If an employment contract ends during a business trip, the question arises of the calculation procedure. The employer is obliged to compensate for the employee’s expenses on a travel business trip for travel, accommodation and more. However, it should not maintain average earnings and pay per diem throughout the business trip.
The employee also must return the unused part of the advance payment provided for expenses on the trip.
Upon dismissal and final calculation, the employer can subtract up to 20% of the average wage of the employee from the excessively paid amount for a business trip. The employer can recover large amounts from the employee in court if he does not agree.
