Despite the fact that a business trip is the responsibility of the employee, not everyone can be sent on it. Moreover, if you don’t make sure whether your specialist can go on a business trip, the company faces administrative liability. To insure against possible consequences, before issuing a travel order, check whether your employee is on the list of restrictions.
Russian legislation prohibits sending on business trips:
- pregnant st. 259 Labor Code of the Russian Federation
- working under a student agreement (if the trip is not related to study purposes) part 3 Art. 203 Labor Code of the Russian Federation
- minors (exception: professional athletes and creative personnel, the list of these professions can be checked in Art. 268 and& ;nbsp;Article 348.8 of the Labor Code of the Russian Federation)
- workers who registered as candidates for the elected body during the election period (Part 2 Article 41 Federal Law No 67 “On basic guarantees of electoral rights”)
- disabled people, if this contradicts medical recommendations (Article 23 Federal Law No 188 “On social protection of disabled people”).
A for the following categories st. 259 TC RF imposes restrictions:
- mothers of children up to 3 years old
- mothers and fathers raising single parents children up to 5 years old
- guardians and trustees of children under 5 years old
- parents of disabled children
- employees caring for for sick relatives
Those employees for whom the law provides for restrictions can be sent on a business trip only with their written consent. The employer is also obliged to notify them of the right to refuse the trip.
Let’s look at the most complex cases.
Business trips and pregnancy
We’ll make a separate point about employees in a situation. A document confirming the fact of pregnancy is a certificate indicating that the woman has registered for a consultation. If there is such a certificate, you under no circumstances may you insist on a business trip. The earliest date when this certificate can be issued is 7–8 weeks of pregnancy.
If an employee refuses a business trip, citing pregnancy, but she has not yet managed to register with the antenatal clinic , the employer may ask her to bring an ultrasound report that would confirm the fact of pregnancy. An ultrasound can be performed at any medical center, the conclusion must contain the doctor’s signature and the clinic’s seal.
If an employee in a position expresses her 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 may receive a significant fine, and will also bear additional risks for the employee’s health during the trip. The situation will become especially difficult if the relationship between the company and the employee deteriorates. The employer has no chance to defend his position in court. Written consent, if, for example, a pregnant employee suggests writing it before the trip, in this case it has no legal force. The Labor Code categorically prohibits sending pregnant women on business trips.
Business trip and family circumstances
Let’s return to st. 259, which, among other things, 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, the employer is obliged to notify such employees (mothers of children under three years of age, parents of disabled children, etc.) of the right to refuse a trip. For example, you can send a letter to an employee.
Consent for a business trip must be in writing. It can also be composed in free form.
Business trips and disability
Another category of employees from whom you will need consent for a business trip are employees with disabilities. The law does not prohibit sending disabled people with a work group on business trips. But working conditions during a business trip should not contradict the individual rehabilitation program for a disabled person (IPRA), which the employee provided upon employment. This document may contain restrictions on overtime, night work, heavy physical work (heavy lifting), etc. For example, a person may be recommended to have increased lighting in the workplace—these standards must also be observed on the receiving side. Wheelchair users will need ramps, etc.
An employee with a disability writes consent to a business trip or refusal to do so. In the case of refusal, a certificate confirming the presence of medical contraindications is attached to the employer’s response.
It is worth noting that the employee himself decides whether to talk about disability or IPRA during employment. If medical recommendations on working conditions were not provided initially, the employer is not responsible for their failure to comply.
