Despite the fact that a business trip is an employee’s duty, not everyone can be sent to it. Moreover, if you do not make sure that your specialist can go on a business trip, the company is threatened with administrative responsibility. To insure yourself with possible consequences, before issuing an order on a business trip, check whether your employee gets on the list of restrictions.
Russian legislation prohibits sent on business trips:
- Pregnant art. 259 of the Labor Code of the Russian Federation
- working under a student agreement (if the trip is not related to the goals of study) of Part 3 of Art. 203 of the Labor Code of the Russian Federation
- minors (exception: professional athletes and creative personnel, the list of these professions can be checked in Article 268 and Article 348.8 of the Labor Code of the Russian Federation)
- employees who were registered as candidates for the electoral authority during the election period (part 2 of article 41 of the Federal Law No. 67 “On Basic Guarantees of Electoral Rights”)
- disabled, if this is contrary to medical recommendations (Article 23 of the Federal Law No. 188 “On the Social Protection of the Disabled”).
And for the following categories imposes restrictions:
- Mothers of children under 3 years old
- mothers and fathers, alone raising children under 5 years old
- guardians and trustees of children under 5 years old
- Parents of children with disabilities
- employees caring for sick relatives
Those employees in respect of whom the legislation provides for restrictions can be sent on a business trip only with their written consent. The employer also must notify them of the right to refuse the trip.
We will analyze the most difficult cases.
Formations and pregnancy
A separate item, let’s say about employees in a position. A document confirming the fact of pregnancy is a certificate that a woman registered in a consultation. If there is such a certificate, you cannot insist on a business trip under any conditions. The earliest time when this certificate can be issued – 7-8 weeks of pregnancy.
If the employee refuses a business trip, referring to pregnancy, but she has not yet managed to be registered in a antenatal clinic, the employer may ask her to bring an ultrasound conclusion that would confirm the fact of pregnancy. Ultrasound can be performed in any medical center, the conclusion should contain a doctor’s signature and clinic seal.
If the employee in the Regulations expresses his readiness to go on a business trip, the employer should not agree to this, even if we are talking about her participation in an important business process. The company can get a significant fine, and will also bear additional risks for the employee’s health during the trip. The situation will become especially difficult in the event of a deterioration in relations between the company and the employee. The employer has no chance of defending his position in court. Written consent, if, for example, a pregnant employee offers him to write before the trip, in this case has no legal force. The Labor Code categorically prohibits the sending pregnant women on business trips.
Business trip and family circumstances
Let’s get back to Art. 259, which, inter alia, lists the categories of employees who can be sent on a business trip with their written consent and provided that the trip does not have medical contraindications.
First of all, such employees (mothers of children under three years old, parents of children with disabilities, etc.), the employer is obliged to notify the right to refuse the trip. For example, you can send an employee a letter.
Consent to a business trip should be written. It can also be compiled in free form.
Formations and disability
Another category of employees from which you need consent to a business trip are employees with disabilities. The law does not prohibit sending disabled people with a working group on official trips. But working conditions on a service trip should not contradict the individual rehabilitation program of a disabled person (IPRA), which the employee provided for employment. This document may have restrictions on processing, night labor, hard physical work (weight lifting), etc. For example, a person can recommend increased lighting at the workplace – these norms should also be observed on the host side. For the “stroller” will be needed by ramps, etc.
An employee with disabilities writes consent to an official trip or a refusal of it. In case of refusal to answer the employer, a certificate confirming the presence of medical contraindications is applied.
It is worth noting that the employee himself decides whether he is talking about disability or IPRA during employment. If medical recommendations under working conditions were not provided initially, the employer is not responsible for their failure.
