Remote employee is a full -time employee of the company. Therefore, he has the same labor obligations as office employees.
Can the employer send a remote employee on a business trip and how to arrange it? Is a trip to the location of the employer a business trip? We will analyze these and other questions in our article.
Is a business trip possible?
If an employee is concluded with the employee, then the business trip is his duty. The same applies to distance employees. The only difference is that the remote work is concluded.
Remote work is carried out:
- outside the location of the employer or branch of the company;
- Outside of a stationary workplace under the control of the employer.
The work performed by the employee is sent and discussed using the Internet.
Labor regulation of distance employees occurs in accordance with Chapter 49.1 of the Labor Code of the Russian Federation. It does not contain information about the ban on the sending of remote employees on a business trip. So they, like office employees, can be sent on a business trip.
There is only one difference: a trip to the employer’s office is also considered a business trip.
Is it possible to refuse a business trip with remote work?
A business trip is a trip of an employee of the organization to a settlement removed from a permanent place of work for the performance of labor obligations.
According to Part 3 of Art. 312.1 of the Labor Code of the Russian Federation, labor legislation also applies to remote employees when taking into account the features specified in Chapter 49.1 of the Labor Code of the Russian Federation.
Therefore, in the absence of special reasons, an employee cannot refuse a business trip.
But there are categories of employees who have the right to refuse. This:
- Pregnant women. The gestational age does not affect the decision on the trip. Refusal of a business trip can be confirmed on the basis of a certificate from the antenatal clinic;
- Workers who have not reached the age of 18. However, if their activities belong to the creative profession, it will not work to abandon the business trip;
- Workers with disabilities. If the worker with disabilities undergoes rehabilitation and the business trip interrupts this process, he can refuse it. A treatment certificate will be required;
- Employees with a student agreement. An exception may be a case in which a business trip is associated with apprenticeship;
- Registered candidates for elections. The refusal to go on a business trip is possible only for the election period.
There are also categories of employees who can be sent on a business trip upon receipt of written consent:
- Employees with young children (up to 3 years old);
- Hand lone parents with children up to 5 years old. These include both mothers and single fathers;
- Workers who take care of sick, disabled family members;
- Employees with children with disabilities.
A trip to the office is also a business trip?
The business trip takes place outside the place of permanent work. The remote worker has a permanent place of work – this is his place of residence. So the trip to the office is also considered a business trip and must be accordingly decorated.
The location of the office can be in the same settlement with the place of residence of the employee, and in another region. The location will only affect the payment of compensation for expenses in the trip.
For example, if an employee has the opportunity to return home daily, then the per diem does not rely on him. The employer decides to himself whether the employee is appropriate to return home daily.
How to arrange a business trip with remote work
The employee can go on a business trip after his manager draws up an order. The order can be drawn up both in a unified form T-9 and in free form.
After the employer sign the order, he must be provided with a remote employee. This can be done:
- When visiting an office employee to sign the order;
- By sending an order to an employee e -mail. In this case, you can sign it using the EDS;
- By sending a paper option by mail.
Compensation of expenses on a business trip
By law, the employer is obliged to compensate for the costs associated with the fulfillment of official obligations on a business trip.
These expenses include:
- Fare;
- Payment of housing rental;
- Per diem;
- Other expenses that the employer knew about.
Upon returning from a business trip, the remote employee must provide an advance report with the confirmation of expenses. The employer determines the number of days for delivery of the advance payment himself (usually it is handed over within 3 days after the business trip).
The cost of per diem does not need to be confirmed. The amount of per diem depends on the internal decisions of the employer. But it is worth remembering that there is a per diem that is not taxed. If the amount of per diem per day exceeds 700 rubles and 2500 rubles in Russia and abroad, respectively, then the difference will be taken into account when calculating income tax.
Conclusions
- It is not prohibited to send a remote employee on a business trip;
- Registration of a sentence on the remotement is the same as an employee in the office;
- Signing the order and sending an advance report can occur online.
