Do I have the right to cancel a business trip? Sending on a business trip: a step-by-step procedure. Travel cancellation due to health reasons

The well-established crisis situation in the country has led to a large-scale reduction in workforce and unemployment. The relationship between the employer and employees began to resemble a game of survival, the requirements became tougher, and in case of disobedience, they face dismissal.

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If earlier an employee could, with a calm mind, refuse a business trip that he simply did not want to go on, now he needs good reasons prescribed in the Labor Code. So the questions arise - is it possible not to go on a business trip by order of the management, and what is the reason?

Norms of the Labor Code of the Russian Federation

When planning to refuse a business trip, it is necessary to be guided by the Labor Code of the Russian Federation.

According to article No. 166, a business trip is understood as a business trip necessary to fulfill the assignment of management.

It is only possible if this species work was discussed during employment.

Is it possible? Does the employee have this right?

The Labor Code says that if the probability of business trips is provided for, that is, the employee agreed to business trips, then refusal of the assignment is equated to a disciplinary violation.

Employees undertake to comply with the requirements of employers, including travel to perform work outside the main duty station.

Is it possible to refuse a business trip if the departure date coincides with a birthday, wake, wedding anniversary, etc.?

The employer, for moral reasons, may send another employee, but failure to comply with the request is not a violation of the law, since the listed reasons are not provided for in the Labor Code.

Is it allowed for police and military personnel?

Article 28.5 "On the status of military personnel" says that to abolish business trip the military, including police officers, is not allowed.

Workers in this area are equal in their rights to civilians.

But there are exceptions.

According to the order of the Ministry of Internal Affairs, early termination of a business trip is possible in several cases:

illness of an employee requiring immediate treatment;
illness of a close relative who is dependent on the employee;
other family circumstances requiring the presence of an employee.

In order to end the trip ahead of schedule, you will need to wait for the decision of the commander, who recalls the serviceman from the trip in writing.

Is an employee's consent always required to travel?

According to article No. 113 of the Labor Code of the Russian Federation, the employer is obliged to obtain written consent for a business trip from the employee if the departure date is scheduled for a weekend or holiday.

Also, pregnant women and mothers with children under the age of 3 cannot be sent on a trip without consent.

Without the consent of the employee, it is possible to send on a business trip persons who do not fall under the listed categories.

However, it should be borne in mind that the employee must be warned in advance, at least 3 days before the trip. For this, a written order is issued and issued to the employee against signature.

If an employee refuses to sign a business trip referral, then this can be regarded as a violation for which a disciplinary sanction is shown and even dismissal.

Who cannot be referred?

Even if in employment contract there is a clause warning about possible business trips, the employer does not have the right to send people on a trip:

minors;
pregnant women;
women raising children under the age of 3;
women and men with dependent minor children with disabilities;
workers who, for medical reasons, care for sick family members;
mothers and fathers alone raising children under the age of 5;
employees with diseases that do not allow them to leave their place of residence or require regular monitoring by specialists.

Valid reasons for rejection

If you do not want to go on a business trip, you will have to name a weighty argument, confirming it with documents if necessary.

It is worth noting that in the event of litigation, all factors that led to the refusal of a business trip will be taken into account. And if the employee did not abuse his rights, and circumstances really did not allow him to come to work, then he will be right.

So what are good reasons and why?

For family reasons

The most common reason for rejection is family circumstances.

Sometimes the case is really serious, sometimes it's just an excuse. For example, illness of a relative will not be a reason for missing work, but illness of dependent children, spouse (or spouse) and parents is a legal way not to go on a trip.

And although this reason is not spelled out in the law, in judicial practice such cases are resolved in favor of the employee.

Good reasons also include:

The presence of young children and children with disabilities. Articles 259 and 264 of the Labor Code of the Russian Federation state that mothers raising children under the age of 3 cannot be sent on business trips without their written consent. The situation is similar with workers who have dependent children with disabilities.
Single mother/father. Employees raising children under the age of 5 without a spouse have the right to refuse a business trip. You can also refuse to travel if the child is seriously ill.
Caring for sick relatives. Dependent relatives, disabled for health reasons, unable to fully care for themselves, cannot be left without care. Therefore, the presence of such relatives will serve as a good reason.

For health

A sudden deterioration in well-being - an illness that does not require inpatient treatment, will serve as a good reason.

The main thing is not to forget to get a certificate at the clinic.

Other reasons include:

Chronic illness, preventing a long journey or visiting certain places where business negotiations are planned. For example, an employer sends an employee to a country with an arid climate, where an exacerbation of respiratory pathologies is possible. In this case, an explanatory note is written indicating the reason for the refusal of the business trip and a conclusion from the doctor is attached.
Disabled people. If the business trip is contrary to the individual program of the disabled, then such an employee cannot be sent on a trip according to the law.
Women during pregnancy. Expectant mothers can legally refuse a business trip by presenting a certificate of registration in the antenatal clinic. If this is followed by dismissal, Article No. 259 of the Labor Code of the Russian Federation will allow the employer to be punished.

Employer allocated insufficient funds

Turning to the Labor Code of the Russian Federation, you can find out that the employer is obliged to allocate a certain amount in advance before the trip Money for current expenses, these include payment for a ticket, transfer to a hotel, accommodation, meals, stationery, etc.

The employee is not obliged to pay expenses from his own funds.

And if the employer allocated a small amount that is not enough to pay for everyday needs, then the business trip may not take place.

In this case, the employee must refuse to take an advance payment and indicate the reason.

Also, due to the fault of the employer, a business trip may not take place in several cases:

Lack of written, verbal agreement.
The business trip is scheduled on holidays or.
The employee was not notified in advance.

How to cancel a business trip?

The reasons listed above make it possible to legally refuse a business trip. But how to do it right?

Rationale

First of all, you need to discuss this issue with the employer.

If the reason for the refusal is not regulated by law, then a verbal agreement will suffice. It is necessary to explain to the manager that the trip is not possible in this moment.

What documents are needed?

If the oral form is not enough, the employer insists on his own or requires confirmation, then you will need to submit documents.

What kind of certificates are needed depends on the reason for canceling the trip.

This may be a certificate from a doctor, from the social security that minor children are dependent, etc.

Unofficial ways

You can also circumvent the employer's requirements in illegal ways - for example, enter into a fictitious marriage.

By law, the employer is required to provide 5 days of unpaid work.

Only an important nuance should be taken into account - a business trip can be rescheduled, and there will be a lot of problems with divorce.

Yes, and deceit, if revealed by the leader, will lead to a loss of trust.

Therefore, it is not worth going against the law and the employer, it is better to talk with him, influencing the moral side.

Consequences of unjustified refusal for the employee

If the employee refuses to go on a business trip, what to do - the employer decides on his own.

In the absence of a good reason, we can talk about a disciplinary violation, for which punishment is provided depending on the employment contract and internal regulations. The minimum impact is a reprimand, the maximum is.

Can I cancel a business trip? Grounds and reasons for refusal

According to article 166 of the Labor Code of the Russian Federation business trip travel by the employee on the employer's order to certain period to perform an official assignment outside the place of permanent work.
The employee is obliged to go on a business trip at the request of the employer. At the same time, it should be understood that if there is no condition in the employment contract with the employee according to which the employee is obliged to go on a business trip, this does not mean that the employee does not have such an obligation. Cancellation of a business trip is the basis for bringing the employee to disciplinary liability, up to layoffs. However, if the employment contract contains a clause according to which the employee cannot be sent on a business trip, then the employee's refusal to travel is lawful and cannot become a basis for bringing him to disciplinary liability.
It should be said that such seemingly valid reasons as the employee’s birthday (anniversary) falling on a business trip, the wedding of a son or a serious illness, the death of a loved one, should be the basis for the employee’s legitimate refusal to travel. However, the Labor Code of the Russian Federation does not name these reasons as such. These circumstances, like many others that prevent the employee from leaving their place of residence at the moment, are rather a moral and ethical basis for the employer, who, taking into account the circumstances, can send another employee on a business trip.
At the same time, the refusal to go on a business trip, as well as other cases of non-fulfillment of labor duties, will not always be the basis for dismissal or another type of disciplinary sanction, because the employer in each case is obliged to take into account the circumstances in which the employee committed a violation.
In accordance with paragraph 35 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2, when considering a case on the reinstatement of a person dismissed under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation, or on contesting a disciplinary sanction, it should be taken into account that non-fulfillment by an employee without good reason is a failure to perform labor duties or improper performance due to the fault of the employee of the labor duties assigned to him ... The employer must provide evidence indicating not only that the employee has committed a disciplinary offense , but also that when imposing a penalty, the severity of this act and the circumstances under which it was committed, as well as the previous behavior of the employee, his attitude to work (paragraph 53), were taken into account.

Valid reasons for canceling a business trip. Examples from judicial practice.

S. filed a lawsuit to cancel the orders for disciplinary action.
Satisfying the claims regarding the recognition of the illegal order, which imposed a disciplinary sanction on the plaintiff in the form of a reprimand for failure to comply with the order to send the plaintiff on a business trip, the court proceeded from the fact that direct participation in the conduct of audits is not part of S.'s official duties, in addition, he due to health reasons, cannot go on business trips to the region, as at any time it may be necessary health care in the hematology center ... (Determination of the Novosibirsk Regional Court of 08/05/2010 N 33-4532 / 2010)

In another case, the court found the following.
B. filed a lawsuit to cancel the order to impose a disciplinary sanction in the form of a reprimand. He indicated that by order fired from his position under paragraph 5 of Art. 81 Labor Code of the Russian Federation. However, by a court decision, he was reinstated at work, after which (again) B. filed an application for regular annual leave in the name of the director of the branch. The grant of another leave was denied. Instead of the expected vacation, B. was sent on a business trip by order. B. refused to go on a business trip, for which he received a disciplinary sanction in the form of a reprimand.
Satisfying the claims, the court concluded that the employer was timely notified of the valid reasons for non-execution of the order on a business trip, did not take B.'s application for granting another leave into account and did not take into account when imposing a disciplinary sanction on the plaintiff.
Also, the employer did not take into account the fact that earlier B.'s leave was agreed with the employer, but the plaintiff could not use it due to illegal dismissal from work. After reinstatement at work, the plaintiff exercised his right to leave, which he could not exercise at another time, which the defendant illegally denied to the plaintiff.
The defendant did not provide the court with reliable and indisputable evidence testifying to the proportionality of the applied disciplinary sanction in the form of a reprimand to the misconduct, which, according to the defendant, was committed by the plaintiff.
In addition, the panel of judges took into account that the defendant did not provide the court with evidence confirming the fulfillment by the employer of the requirements of Art. Art. 166 - 168 Labor Code of the Russian Federation, including in terms of issuing a cash advance to the plaintiff, payment of travel expenses for travel and accommodation. These circumstances also testify to the impossibility of the plaintiff's departure on the above business trip for a long period. (Determination of the St. Petersburg City Court dated July 19, 2012 N 33-9663 / 2012)

Who by law cannot be sent on a business trip?

Restrictions on sending on a business trip for a certain category of citizens are provided for in Art. Art. 203, 259, 264, 268 Labor Code Russian Federation, as well as some norms of federal laws.

It is prohibited to send the following employees on business trips:
- pregnant women (art. 259 Labor Code of the Russian Federation);
- employees during the period of validity of the apprenticeship agreement cannot be sent on business trips not related to apprenticeship (part 3 of article 203 of the Labor Code of the Russian Federation);
- women with children under three years of age, mothers and fathers raising children under five years of age without a spouse, as well as guardians (custodians) of minors, employees with disabled children, and also caring for a sick family member, are allowed to send on business trips only with their written consent and provided that this is not prohibited by medical recommendations (Articles 259 and 264 of the Labor Code of the Russian Federation).
- employees under the age of 18, unless we are talking about employees of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works. (Article 268 of the Labor Code of the Russian Federation);
- disabled people, if this contradicts the individual program for the rehabilitation of a disabled person (part 1 of article 23 of the Federal Law of November 24, 1995 N 181-FZ);
- a registered candidate (clause 2, article 41 of the Federal Law of June 12, 2002 N 67-FZ) "Candidate" - a person nominated in accordance with the procedure established by this Federal Law, another law as an applicant for a position filled through direct elections or for membership in a body (chamber of a body) state power or body local government or registered by the relevant election commission as a candidate.

Also, the employer does not have the right to send the employee on a business trip during the period of his temporary disability. Temporary incapacity for work of an employee is confirmed by a certificate of incapacity for work.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

- this is the same work, but not in the conditions of your office, but in other working conditions. In fact, for an employee, in terms of functional tasks, most often nothing changes, except for the very location of their implementation.

Regulatory regulation of the issue

To take and simply refuse a business trip without a good reason will not work. And the employer can not only refuse to reschedule the employee, but also punish him for refusing to comply with the order. At the same time, there are cases when sending on a business trip is prohibited.

Legislatively, the conditions and rules for sending an employee on a business trip are prescribed in two sources:

24 article of the Labor Code, containing general definitions and a description of the procedure for sending employees on work trips;
Regulation on the peculiarities of sending employees on business trips, approved by the Government in 2008.

Since the employee is officially employed in the organization, has signed an employment contract with the employer, he is obliged to fulfill his duties even if he is sent to another workplace to fulfill the tasks of the employer during a specific time period.

Prohibitions for the employer

The employer has several restrictions on sending employees to travel to complete a work assignment. They concern:

a ban on sending specific categories of employees;
the need to generate a request for consent to go on a business trip to employees of certain groups.

The head of the organization does not have the right to second:

pregnant women;
employees working under a student agreement;
employees who have not reached the age of majority;
employees with disabilities.

The employer is obliged to obtain the consent of a company specialist if he plans to send on a business trip:

an employee who has children under the age of 3 years;
an employee raising children under the age of 5 as a single parent;
professionals caring for incapacitated or disabled sick relatives or disabled family members;
parents of children with disabilities;
employees who are guardians of minor children;
employees participating in elections.

At the same time, the signature of the employee in is not considered consent, since it is only a confirmation that the employee is familiar with its content. In order for the employer to agree on the terms of the business trip with the employee and receive confirmation of his readiness to perform such a task, it is necessary to send a notification-direction to the employee and obtain written consent from the employee.

Although labor law does not prescribe the obligatory execution of a written form of consent, it is better to obtain it in such a way that this fact is documented.

And, finally, in relation to all employees without exception, their consent or refusal is required if.

Notification

When drafting a notice, the following information should be included in the text:

Justification of the need for the employee to leave to perform duties.
The duration of the trip.
Conditions for the payment of all expenses and guarantees for the provision of the necessary funds (), including food and salary expenses.
The presence of additional incentives for leaving, for example, in the form of bonus payments.
Clarification on the terms of payment for the weekend in the amount of a double rate.
Clarification of the rights of the employee, allowing him to refuse to comply with the order to send him on a business trip.
The date the document was created.

In the same form, a field can be created to confirm receipt of the notification and confirm consent to leave. After consent is obtained, there may be s and .

If the employee refuses to sign the order, this does not mean that he has the right not to comply with the order of the head. This rule does not apply to employees, whose consent must be obtained without fail.

A refusal can be drawn up in any of the cases when it is legally justified, and the employee falls into the groups of employees who have the right to refuse a business trip. In this case, such a decision of a specialist is considered lawful and justified, and the employer needs to start looking for another employee whom he can send on a work trip.

Also, an employee who is not part of the staff, the right to refuse which is provided by law, may refuse to leave for the place of work, if the reasons for which he expresses disagreement, the employer considers valid.

These reasons include:

family circumstances that do not allow leaving the place of residence for the required period;
due to illness;
formal reasons related to violations of the procedure for organizing a business trip.

In all these cases, the employee will have to confirm and explain the reason for the refusal, and if the employer recognizes it as valid, the employee will remain at his workplace and will perform his duties in a regular mode and according to the work schedule provided for the position.

If the employee does not have a motivated reason, then in this case the refusal can be regarded as a violation labor discipline, since in this case the employee refuses to fulfill his direct duties.

As a rule, disrespectful reasons include:

unreasonable unwillingness of the employee to go on a business trip;
an explanation of the impossibility to execute the order in connection with the celebration of the birthday;
reluctance to travel by a certain mode of transport.

There is no chance of refusal in cases where the situation for which the employee is sent on a business trip is classified as an emergency that requires urgent intervention, or is too significant for the business.

Also, military personnel do not have the right to refuse a business trip.

For personal reasons

Personal circumstances identified by employees as the reason for the inability to comply with the order may be related to various factors, for example:

personal very significant events in a person's life: marriage, anniversary;
the need to personally be present at the execution of documents, for example, the conclusion of a contract for the sale of real estate, and, obtaining a passport, registration of an inheritance;
force majeure circumstances related to the safety of housing;
death of loved ones.

Health

Every employee can fall ill and, as is the case with a normal work schedule, they will not be able to perform their duties while on a business trip. Also, a good reason may be the need for a medical examination.

Other cases

You can opt out for other reasons as well. For example, if an employee believes that he was not notified about it in a timely manner, or mistakes were made during the preparation of travel documentation, then he may refuse to comply with the order of the head. An important justification for refusal may be non-payment of funds to cover travel expenses.

How to arrange everything correctly

In case of refusal, the employee must draw up a written notice to the employer, in which certain information must be reflected.

Rationale

Justification is the first mandatory part of the document, following immediately after the standard details used in official documentation, and the message that the employee cannot comply with the employer's order. If the reason is really weighty, then the manager can agree with the arguments of the employee.

The following video will tell you about business trips and refusal of them:

Required information and documents

To confirm the facts specified in the refusal, the employee must attach documents, which may include:

medical opinion;
contract of sale;
adoption papers;
certificates of disability of close relatives;
subpoena, etc.

The employee can offer alternative options so that the employer can solve the planned tasks. For example, a specialist may come up with a proposal to appoint another employee whose competencies may allow solving the work issues identified in the travel plan.

Consequences of unjustified refusal of an employee

An unreasonable refusal may be followed by the application of sanctions by the employer for failure to comply with the order: remark, reprimand or dismissal, in accordance with the Labor Code. The severity of the form of punishment chosen depends on how weighty the justification for the refusal provided by the employee was. An important role is played by the amount of damage that occurs in case of failure to fulfill the planned tasks.

When determining the penalty, the following conditions must be met:

The employee must provide written explanations for the failure to comply with the order.
Cancellation of a business trip is provided by the employee in writing.
Sanctions must be imposed no later than one month, excluding sick days and vacation days.
The employee must be familiarized with the order on sentencing within two days.

If the organization has adopted the Regulations on Bonuses, which defines the conditions for reducing the bonus part of the employee’s salary, and the refusal to travel falls under such conditions, then the employee may suffer financial losses by refusing to comply with the management’s order.

A one-time refusal of a business trip cannot be grounds for dismissal. However, if it is part of the employee's repeated and systematic violations of labor discipline, recorded by the employer, then this may eventually become a reason for the dismissal of the employee.

How to cancel a business trip legally?

At work, quite frequent assignment on business trips is practiced. My employment contract does not contain a mention that the employer will send me on business trips. How to refuse a business trip, can I refer to the absence of a business trip clause in my employment contract?

We believe that it is impossible to refuse a business trip only for the reason that the condition on business trips is not included in the employment contract.

Part 1 of Article 166 of the Labor Code of the Russian Federation gives the concept of what a business trip is. A business trip is a trip of an employee by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work.

In accordance with Article 21 of the Labor Code of the Russian Federation, the duties of an employee include conscientious performance of official duties assigned by an employment contract. A business trip implies the performance of official duties outside the location of the employer. The mere fact of being sent on a business trip does not indicate that determined by the parties the terms of the employment contract change. Therefore, by general rule, the consent of the employee to send him on a business trip is not required for the employer. Accordingly, an employee cannot simply refuse a business trip. But there are exceptions to the rules, and we will focus on them.

How to cancel a business trip legally?

We believe that it is possible to refuse to be sent on a business trip without consequences for the employee in the following cases.

Sending an employee on a business trip is expressly prohibited by applicable law

Such a ban is established, for example, for (part 1 of article 259 of the Labor Code of the Russian Federation) or underage workers (article 268 of the Labor Code of the Russian Federation).

For example, if an employer sends an employee who is pregnant on a business trip, then, in principle, she can do nothing. Just don't go is all. But this is provided that the employer knows about her pregnancy. If he does not know about this fact, then he must be notified about this. Otherwise, the actions of the employee can be regarded as an abuse of the right. In the name of the employer, you can submit an application or memo.

I inform you that I am in a state of pregnancy. On the basis of which, in accordance with Article 259 of the Labor Code of the Russian Federation, I cannot be sent on a business trip.

Sending an employee on a business trip is limited by applicable law

The restriction on sending an employee on a business trip implies obtaining a written consent to this from him. Consent for sending on a business trip must be obtained, for example, from those who have children under the age of three. In this case, the employer must perform two actions:

inform the employee in writing of the right to refuse to be sent on a business trip;
obtain written consent from the employee for sending on a business trip.

In this case, you can refuse a business trip in the appropriate notification of the employer.

The reasons why the employee cannot go on a business trip will be recognized by the employer as valid

In life, there are many situations in which we cannot fulfill the plans that yesterday seemed to us quite feasible. An employee may also suddenly feel unwell, he will need to go to a sick relative, or his heating battery will burst. To resolve these issues, the employee needs time and it may be impossible for him to go on a business trip at the moment.

If the employee has a situation where he cannot leave at the direction of the employer, then it is necessary to submit an application addressed to him. And hope that the employer will treat the reason with understanding.

I ask you not to send me on a business trip due to the fact that my husband is currently on a business trip. We have two minor children who need supervision and care. I have no relatives or acquaintances who can be entrusted with babysitting for a while.

Summarizing
You can refuse a business trip, but you need to understand that this requires good reasons. If there are no circumstances preventing the sending on a business trip, and the employee refuses it due to his own unwillingness, then the employer may bring him to disciplinary responsibility.

Business trip - the direction of an employee of the organization to perform labor duties in an area remote from the main place of work. Such trips are necessary for entrepreneurs to carry out activities to attract customers, organize cooperation with counterparties, search for new areas of development, purchase goods and arrange services.

Attention

During the business trip, the employee retains his position, workplace, wage. All travel expenses (travel, food, accommodation, additional expenses) are subject to reimbursement from the income of the employing organization.

Labor Code of the Russian Federation

The general procedure for sending employees on business trips is defined in chapter 24 of the Labor Code of the Russian Federation. Additional aspects of measures to send workers to another locality are determined by internal, labor and in the employee's employment contract.

Any employee can be sent on a business trip, regardless of their position and length of service. The main document confirming the legitimacy of sending workers on trips is an employment contract. If a citizen works in a company with informal employment, this will not be grounds for refusing to comply with the order of the entrepreneur.

For your information

The head of the company is not obliged to ask the employee for permission to travel, but such actions do not constitute an infringement of the rights of workers. The Labor Code of the Russian Federation establishes restrictions for a group of persons to be sent on business trips.

A travel ban has been completely imposed for:

women during pregnancy;
employees under the age of 18 (except for creative activities);
persons with disabilities if the trip interrupts rehabilitation activities.

The list of persons whose forced assignment on a business trip is contrary to legislative framework, but permissible with the written consent of the worker:

women until the child reaches the age of three years;
an employee carrying out labor activities on the basis of a student agreement;
parents raising children under five alone;
employees caring for disabled relatives (illness, disability);
official guardians until the children reach the age of majority;
declared candidates for service in the state structure (elections).

IMPORTANT

The implementation of a business trip for the above citizens is permissible only upon delivery of a notification-direction and with their written consent. The decision of the worker must be expressed on paper. The signature in the order is not a confirmation of the will of the employee, it is a fact of familiarization.

The employer's notice must contain the following information:

reasons for the need for a business trip;
travel period;
a list of the rights of the employee, on the basis of which he has the right to refuse to execute the order;
guarantees provided by the employer subject to consent to the trip (reimbursement of specific expenses, payment of bonuses, etc.);
document date.

It is allowed to provide a column in the notification form where the employee personally confirms the fact of delivery of the document and writes consent to the conditions described by the employer. For coercion to travel, an entrepreneur may incur administrative liability under Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Good and bad reasons for rejection

Business trip - the duty of the employee in the performance labor activity. Refusal of a trip is possible only if there are good reasons. If, during employment, the employee gave written consent to such trips, then an unreasonable refusal may result in a disciplinary sanction or reprimand. Lack of documented approval from an employee is no exception to disciplinary action.

A loyal leader can, at the request of an employee, send another on a business trip, reschedule the trip.

Valid reasons for canceling a business trip may include:

health problems of the worker himself (including medical contraindications) or his close relatives;
emergency that affected the life of an employee (fire, flood, theft of property, etc.);
urgent urgency for registration and receipt of a certain document (passport, inheritance, registration of a real estate transaction, etc.);
death of a family member;
important family event (wedding anniversary, anniversary, marriage of children, etc.);
marriage;
maintenance and upbringing of a child with disabilities;
lack of advance information about the fact of the trip;
errors in accompanying documents or their absence;
under-funding of the trip or complete failure to pay the advance on travel expenses.

Disrespectful grounds for refusing to be sent on a business trip are:

unwillingness of the worker;
the coincidence of travel dates with holidays, birthdays;
weather;
other unimportant factors.

negotiate with management in order to reach a compromise;
give arguments about the groundlessness of the trip and the inexpediency of expenses;
offer assistance in preparing for a business trip;
pick up potential candidate to replace;
thoroughly check the documents for the trip;
control the timing of the advance payment for travel expenses.

Step-by-step instructions for canceling a business trip

If the employee intends to refuse to be sent on a business trip, then he must notify the employer in writing about this, giving weighty arguments that influenced the decision.

Refusal to travel for family reasons.

If an employee sent on a business trip has family circumstances that do not allow him to make the appointed trip, he must notify the employer in writing.

Required withdrawal details:

the addressee of the application (name and position of the superior manager);
information about the applicant (position, full name);
document's name;
grounds for refusal;
a proposal to resolve the situation;
date and signature.

Sample application:

Travel cancellation due to health reasons

The basis for refusal to travel is the employee's illness or medical contraindications for the trip.

Here is an example document:

Refusal to send a serviceman under a contract

The procedure for passing military service, including under a contract, is regulated by federal law No. 53 of March 28, 1998.

Attention

A serviceman does not have the right to refuse a business trip, he can apply to the management with a request to review and shorten the duration of the trip.

The grounds for the application may be:

illness of an employee requiring inpatient treatment in a medical institution;
deterioration in the health status of the dependent;
early completion of the task;
disciplinary violations during a business trip;
business need;
emergency circumstances in the family requiring the personal presence of a citizen;
other circumstances requiring the direct participation and presence of a citizen.

Any unjustified refusal to travel, as well as inappropriate behavior of a person during a business trip, will lead to the opening of an investigation into the causes of evasion of duties and the imposition of an appropriate punishment.

Additional Information

An application for a reduction in the duration of the trip is made in the name of the higher management. Be sure to indicate the position and name of the fighter in the header of the document. The following is a statement of the appeal and details of the need to reduce the duration of the trip.

The application is sent for review and approval. Until the approval is received, it is unacceptable to leave the place of business trip and interrupt the service.

When can you cancel a business trip?

Attention

It is impossible to avoid being sent on a business trip if the manager has not approved the application for removal from the trip. Refusal to sign an order to send on a trip is also not a reason to cancel a business trip.

There is a list of situations where even a good reason cannot give an employee the opportunity to refuse a trip. For example, an emergency in a company whose solution lies in the purpose of the trip; litigation to declare the company bankrupt, if the employee is seconded to conclude new contracts with buyers, etc.

IN official duties military personnel are assigned a point of strict secondment by order of the commanding staff. Any status of a citizen undergoing military public service, fixes for him the procedure for strict adherence to legislative acts in this area.

Consequences

The decision of the employer can be appealed to the authorized government bodies(CCC, labor inspection, court, etc.).

Nuances

A military man serving under a contract has a reason to leave the place of a business trip ahead of schedule only on the written order of the commanding personnel.
The employer must obtain the written consent of the employee to be sent on a business trip when the day of departure coincides with a day off.
An employee's refusal to sign a notice of assignment on a business trip is a disciplinary violation.
An unconfirmed statement by an employee that the amount of the travel advance does not correspond to the level of possible expenses does not constitute grounds for refusing to travel.
The direction of an employee on a business trip is documented in the form of an order. Additional forms are developed directly in the company as needed.
By legal acts The Russian Federation does not allow a monetary penalty for refusing to travel (except when such conditions are stipulated in the employment contract or the position of the company).

The Labor Code is not an exhaustive regulatory document, but contains a basic set of rules, compliance with which is the responsibility of both parties. Any specific controversial situation has several ways of resolution, not always conflict and with consequences. Therefore, employers are advised to comply with the law and create favorable conditions for business trips, and employees not to resort to cunning and deceit, and to conscientiously fulfill their labor duties.