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Legislative base of the Russian Federation. Legislative framework of the Russian Federation Government Decree 13.10 08 749

Legislative base of the Russian Federation.  Legislative framework of the Russian Federation Government Decree 13.10 08 749

GOVERNMENT OF THE RUSSIAN FEDERATION


ON BUSINESS TRAVEL

According to article 166 Labor Code of the Russian Federation The Government of the Russian Federation decides:
1. Approve the attached Regulations on the peculiarities of sending employees on business trips.
2. To the Ministry of Health and social development Russian Federation to provide clarifications on issues related to the application of the Regulations approved by this Decree.

Prime Minister
Russian Federation
V. PUTIN

Approved
Government Decree
Russian Federation
dated October 13, 2008 N 749

POSITION
ABOUT THE PECULIARITIES OF EMPLOYEE REFERRALS
ON BUSINESS TRAVEL

1. This Regulation determines the specifics of the procedure for sending employees on business trips (hereinafter referred to as business trips) both on the territory of the Russian Federation and on the territory of foreign states.
2. Employees who are members of the labor relations with an employer.
3. For the purposes of this Regulation, the place permanent job should be considered the location of the organization (separate structural unit organizations), work in which is due employment contract(hereinafter referred to as the sending organization).
Employees are sent on business trips by order of the employer for a certain period of time to perform official assignments outside the place of permanent work. The trip of an employee sent on a business trip (hereinafter referred to as the employee) by order of the employer or a person authorized by him to separate subdivision sending organization (representative office, branch), located outside the place of permanent work, is also recognized as a business trip.
Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips.
4. The duration of a business trip is determined by the employer, taking into account the volume, complexity and other features of the assignment.
The day of departure on a business trip is the date of departure of the train, plane, bus or other vehicle from the place of permanent work of the seconded person, and on the day of arrival from the business trip - the date of arrival of the specified vehicle at the place of permanent work. When the vehicle is sent before 24:00 inclusive, the day of departure for a business trip is considered the current day, and from 00:00 and later - the next day.
If the station, pier or airport is located outside the settlement, the time required to travel to the station, pier or airport is taken into account.
Similarly, the day of arrival of the employee at the place of permanent work is determined.
The issue of the employee's appearance at work on the day of departure on a business trip and on the day of arrival from a business trip is decided by agreement with the employer.
5. Remuneration of an employee in the event that he is involved in work on weekends or non-working days holidays produced in accordance with the labor legislation of the Russian Federation.
6. The purpose of the employee's business trip is determined by the head of the sending organization and is indicated in duty assignment which is approved by the employer.
7. On the basis of the decision of the employer, the employee is issued a travel certificate confirming the period of his stay on a business trip (the date of arrival at the point (points) of destination and the date of departure from it (from them)), except for the cases specified in paragraph 15 of this Regulation.
The travel certificate is issued in one copy and signed by the employer, handed over to the employee and kept by him during the entire period of the business trip.
The actual period of stay at the place of business trip is determined by the notes on the date of arrival at the place of business trip and the date of departure from it, which are made in the travel certificate and certified by the signature of an authorized official and the seal used in economic activity organization to which the employee is seconded, to certify such a signature.
If the employee is seconded to organizations located in different settlements, the marks in the travel certificate on the date of arrival and the date of departure are made in each of the organizations to which he is seconded.
8. The procedure and forms of accounting for employees leaving on business trips from the sending organization and arriving at the organization to which they are seconded are determined by the Ministry of Health and Social Development of the Russian Federation.
9. The average earnings for the period the employee was on a business trip, as well as for the days on the road, including for the time of a forced stop on the way, is retained for all days of work according to the schedule established by the sending organization.
For an employee working part-time, when traveling on a business trip, average earnings from the employer who sent him on a business trip. In the event that such an employee is sent on a business trip at the same time for the main job and work performed on a part-time basis, the average earnings are retained by both employers, and the reimbursable business trip expenses are distributed among the sending employers by agreement between them.
10. When sending him on a business trip, an employee is given a cash advance to pay for travel expenses and renting a dwelling and additional expenses associated with living outside the place of permanent residence (daily allowance).
11. Employees are reimbursed for travel and accommodation expenses, additional expenses associated with living outside permanent place residence (per diem), as well as other expenses incurred by the employee with the permission of the head of the organization.
The amount of expenses associated with a business trip is determined by a collective agreement or local normative act.
Additional expenses associated with living outside the place of residence (daily allowance) are reimbursed to the employee for each day on a business trip, including weekends and non-working holidays, as well as for days on the road, including for the time of a forced stopover, subject to the provisions provided for in paragraph 18 of these Regulations.
During business trips to the area from where the employee, based on the conditions of transport communication and the nature of the work performed on a business trip, has the opportunity to return daily to the place of permanent residence, daily allowances are not paid.
The issue of the expediency of the daily return of the employee from the place of business trip to the place of permanent residence in each case is decided by the head of the organization, taking into account the distance, the conditions of transport communication, the nature of the task being performed, as well as the need to create conditions for the employee to rest.
If the employee at the end of the working day, in agreement with the head of the organization, remains at the place of business trip, then the costs of renting a dwelling upon providing the relevant documents are reimbursed to the employee in the amount determined by the collective agreement or local normative act.
In the case of forwarding to an employee on a business trip, at his request wages the employer bears the costs of sending it.
12. Expenses for travel to the place of business trip in the Russian Federation and back to the place of permanent work and for travel from one settlement to another, if the employee is sent to several organizations located in different settlements, include expenses for travel by public transport, respectively, to the station, pier, airport and from the station, pier, airport, if they are located outside the settlement, with documents (tickets) confirming these expenses, as well as an insurance premium for compulsory personal insurance of passengers on transport, payment for services for issuing travel documents and providing bedding on trains.

Government Decree 749 on business trips- one of the key regulations governing the interaction between the employer and the employee sent to solve production problems in another locality. Let us study the specifics of this source of law and the normative acts corresponding to it in more detail.

Decree 749 "On the peculiarities of sending employees on business trips": key norms

Considering the provisions of Decree 749 regulating business trips, the following key norms of this regulatory act can be distinguished:

1. On determining the essence of a business trip.

2. On determining the duration of the business trip.

3. On the remuneration of the seconded.

4. On the employer's compensation for the traveler's expenses.

5. On compensation by the employer of the expenses of an employee sent abroad.

6. On the preparation of documents that are necessary for settlements with an employee.

It should be noted that many of the norms established by Decree of the Government of Russia dated October 13, 2008 No. 749 correspond to the provisions of the Labor Code of the Russian Federation, and they must be considered in the context of these provisions.

Let us study in more detail the content of these key norms of Resolution No. 749 and a number of significant nuances of their interpretation.

Decree 749: Essence of travel

A business trip is the work of a full-time employee (clauses 2, 3 of the Regulations approved by Resolution No. 749):

  • performed outside the place of permanent labor activity (including if the seconded is sent to the structural unit of the employer in another city);
  • performed on the basis of a written decision of the employer (usually issued in the form of an order of the director of the company);
  • carried out within a certain period.

The trip of a staff member carrying out labor functions traveling nature (for example, if a person works as a freight forwarder in an interregional transport company), is not recognized as a business trip, regardless of the geography of work.

Travel regulations: travel dates

When determining the timing of the trip, it should be borne in mind that (clauses 4, 7 of the Regulations):

  • The duration of the business trip is set by the employer based on the characteristics of the job task that the employee has to solve.
  • The start day of the business trip is counted from the date of departure of the vehicle from the place of regular work of the business traveler (the city from which the employee leaves), and the day of its completion will be the date of arrival at the place of regular work (taking into account the possible time to overcome the distance between the airport, station or pier and the city).

NOTE! Moreover, if the seconded person left (arrived) before 12 am, then he is considered to have left (arrived) on the current day. If after 12, then the business trip countdown starts from the next day.

  • The time the traveler comes to work (leaves it) on the day of the trip (return) is established by agreement with the employer.
  • The exact time of departure (arrival) of an employee is established by travel documents. If the employee went on a business trip in a business or his own car and there are no travel documents confirming the date of departure / arrival, then the period of stay of the employee at the place of the business trip is reflected in a memo supplemented by a document confirming the route of the trip. For example, it can be a waybill or route sheet. In the absence of such documents, the period of stay of the employee at the place of business trip is confirmed by a hotel receipt or its equivalent. If there are no supporting documents, then the employee should provide a memo, travel certificate or other document with a note (stamp, seal if available, signature of an authorized person) on the date of arrival and departure of the receiving party.

Compensation for the work of a traveler

During the period of being on a business trip (which includes days spent on the road), the employee is paid a salary calculated on the basis of average earnings (clause 5 of the Regulation, article 167 of the Labor Code of the Russian Federation).

The salary of a seconded in the status of a part-time worker is calculated according to the average earnings of the employer who sent him on the trip (and is paid only at his expense). If a person is seconded from both employers (main and part-time), then the average earnings are calculated for each of them and paid by both. Costs associated with a business trip are distributed in a proportion determined by agreement of the parties.

You can learn more about the specifics of calculating average earnings during a business trip in the article. .

Traveler's expenses compensation

The traveler's expenses are covered by the employer in the following order (clauses 10-14, 25 of the Decree, article 168 of the Labor Code of the Russian Federation):

1. Prepayments

For these purposes, the employee is provided with an advance that can be spent (subject to the subsequent submission of a report):

  • for transport and accommodation - in any reasonable amount, unless otherwise agreed between the seconded and the employer;
  • for other daily (per diem) expenses - in the amount established by local regulations and taking into account the duration of the business trip (including travel days).

If the business trip is one-day (taking into account travel time) in Russia, then the employee is not entitled to daily allowance.

2. Refunds

Upon the fact that the employee submits an advance report after a business trip, he is paid the difference between the confirmed expenses (including daily allowances within the limits) and the advance payment issued. If the amount of the advance payment is more than the corresponding expenses, then this difference is subject to return by the employee to the cash desk of the enterprise.

If an employee falls ill during a business trip and the disease is confirmed sick leave, then he is paid housing (subject to treatment outside the hospital) and daily allowance during the entire time he is on a business trip.

In addition, the employer pays temporary disability benefits.

Compensation for expenses sent abroad

The expenses of a person sent abroad are covered by the employer according to the same basic principles as determined by the Regulations for Russian business trips, but taking into account the following features (clauses 17-24 of the Regulations, article 168 of the Labor Code of the Russian Federation):

1. The local standard of the employer establishes the procedure for compensating the expenses of seconded employees in foreign currency and in rubles - respectively, when they are in Russia and abroad.

2. Compensation of expenses in foreign currency begins from the day the seconded person crosses the border of the Russian Federation, which is established:

  • according to the marks in the passport - in the general case;
  • according to travel documents, if the employee traveled to a CIS state, which, in accordance with an agreement with Russia, does not put marks in the passports of citizens of the Russian Federation (for example, Belarus, Kazakhstan).

3. When crossing the border back and forth on the same day, the employee is paid 50% of the daily allowance established by the local standard for ordinary foreign business trips.

4. Persons sent abroad are additionally compensated for:

  • expenses for obtaining a passport, visas and other documents required for the trip;
  • consular and other fees (for example, airport, transit when using road transport);
  • insurance (for example, mandatory when applying for European visas);
  • other obligatory payments.

Preparing travel documents

Documentation of a business trip involves (clauses 3, 26 of the Regulations):

1. Written confirmation by the employer:

  • decisions to send an employee on a business trip;
  • travel dates.

In practice, this consolidation is carried out in.

2. Preparation by the employee and transfer to the employer of an advance report on the expenses incurred.

Attached to this report are documents confirming travel expenses.

Local regulations may also provide for the use of a job assignment and a business trip report (the function of both documents, in essence, can be performed).

Results

Decree No. 749 defines the essence of business trips and regulates the interaction between employers and employees during such trips. Many of the provisions contained in this regulatory act correspond to the norms of the Labor Code of the Russian Federation, which establish various rights and obligations of the parties labor relations on business trips. The resolution, like the Labor Code of the Russian Federation, allows the employer to adopt local norms for various purposes, in more detail in comparison with federal legislation regulating the interaction of a company and an employee sent on a business trip.

You can learn more about the specifics of legislative regulation of interaction between an employer and an employee during business trips in the following articles:

  • ;
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, dated July 29, 2015 N 771)

Prime Minister
Russian Federation
V. PUTIN

APPROVED
Government Decree
Russian Federation
dated October 13, 2008 N 749

REGULATIONS ON THE PECULIARITIES OF SENDING EMPLOYEES ON BUSINESS TRAVEL

dated 03/25/2013 N 257, dated 05/14/2013 N 411, dated 10/16/2014 N 1060, dated 12/29/2014 N 1595, dated 07/29/2015 N 771)

1. This Regulation determines the specifics of the procedure for sending employees on business trips (hereinafter referred to as business trips) both on the territory of the Russian Federation and on the territory of foreign states.

2. Employees who are in labor relations with the employer are sent on business trips.

3. For the purposes of these Regulations, the place of permanent work should be considered the location of the organization (separate structural subdivision of the organization), the work in which is conditioned by the employment contract (hereinafter referred to as the sending organization).

Employees are sent on business trips on the basis of a written decision of the employer for a certain period of time to perform an official assignment outside the place of permanent work. The trip of an employee sent on a business trip on the basis of a written decision of the employer to a separate subdivision of the sending organization (representative office, branch), located outside the place of permanent work, is also recognized as a business trip. dated 29.07.2015 N 771)

Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips.

4. The duration of a business trip is determined by the employer, taking into account the volume, complexity and other features of the assignment.

The day of departure on a business trip is the date of departure of the train, plane, bus or other vehicle from the place of permanent work of the business traveler, and the day of arrival from the business trip is the date of arrival of the specified vehicle at the place of permanent work. When the vehicle is sent before 24:00 inclusive, the day of departure for a business trip is considered the current day, and from 00:00 and later - the next day.

If the station, pier or airport is located outside the settlement, the time required to travel to the station, pier or airport is taken into account.

Similarly, the day of arrival of the employee at the place of permanent work is determined.

The issue of the employee's appearance at work on the day of departure on a business trip and on the day of arrival from a business trip is decided by agreement with the employer.

5. Remuneration of the work of an employee in the event that he is involved in work on weekends or non-working holidays is made in accordance with the labor legislation of the Russian Federation.

6. Clause is no longer valid. (as amended by Decree of the Government of the Russian Federation of December 29, 2014 N 1595)

7. The actual duration of an employee's stay on a business trip is determined by travel documents submitted by the employee upon his return from a business trip. (as amended by Decree of the Government of the Russian Federation of July 29, 2015 N 771)

In the event that an employee, on the basis of a written decision of the employer, travels to the place of business trip and (or) back to the place of work on official vehicles, on vehicles owned by the employee or owned by third parties (by proxy), the actual period of stay at the place of business trip is indicated in a memo, which is submitted by the employee upon returning from a business trip to the employer with documents confirming the use of the specified transport for travel to the place of business trip and back (waybill, route sheet, bills, receipts, cash receipts and other documents confirming the route of transport). (as amended by Decree of the Government of the Russian Federation of July 29, 2015 N 771)

In the absence of travel documents, the employee confirms the actual period of the employee's stay on a business trip with documents for renting a dwelling at the place of business trip. When staying at a hotel, the specified period of stay is confirmed by a receipt (coupon) or other document confirming the conclusion of an agreement for the provision of hotel services at the place of business trip, containing information provided for by the Rules for the provision of hotel services in the Russian Federation, approved by Decree of the Government of the Russian Federation dated April 25, 1997 N 490 "On approval of the Rules for the provision of hotel services in the Russian Federation". (as amended by Decree of the Government of the Russian Federation of July 29, 2015 N 771)

In the absence of travel documents, documents for the rental of residential premises or other documents confirming the conclusion of an agreement for the provision of hotel services at the place of business trip, in order to confirm the actual period of stay at the place of business trip, the employee submits a memo and (or) other document on the actual duration of the employee's stay on a business trip, containing confirmation of the party receiving the employee (organization or official) about the time of arrival (departure) of the employee to the place of business trip (from the place of business trip). (as amended by Decree of the Government of the Russian Federation of July 29, 2015 N 771)

8. Clause is no longer valid. (as amended by Decree of the Government of the Russian Federation of July 29, 2015 N 771)

9. The average earnings for the period the employee was on a business trip, as well as for the days on the road, including for the time of a forced stop on the way, is retained for all days of work according to the schedule established by the sending organization.

An employee working part-time during a business trip retains the average earnings from the employer who sent him on a business trip. In the event that such an employee is sent on a business trip at the same time for the main job and work performed on a part-time basis, the average earnings are retained by both employers, and the reimbursable business trip expenses are distributed among the sending employers by agreement between them.

10. When sending him on a business trip, an employee is given a cash advance to pay for travel expenses and renting a dwelling and additional expenses associated with living outside the place of permanent residence (daily allowance).

11. Employees are reimbursed for travel expenses and rent of accommodation, additional expenses associated with living outside their permanent place of residence (daily allowance), as well as other expenses incurred by the employee with the permission of the head of the organization.

The procedure and amount of reimbursement of expenses associated with business trips are determined in accordance with the provisions of Article 168 of the Labor Code of the Russian Federation. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

Additional expenses associated with living outside the place of residence (daily allowance) are reimbursed to the employee for each day on a business trip, including weekends and non-working holidays, as well as for days on the road, including for the time of a forced stopover, subject to the provisions provided for in paragraph 18 of these Regulations.

During business trips to the area from where the employee, based on the conditions of transport communication and the nature of the work performed on a business trip, has the opportunity to return daily to the place of permanent residence, daily allowances are not paid.

The issue of the expediency of the daily return of the employee from the place of business trip to the place of permanent residence in each case is decided by the head of the organization, taking into account the distance, the conditions of transport communication, the nature of the task being performed, as well as the need to create conditions for the employee to rest.

If the employee at the end of the working day, in agreement with the head of the organization, remains at the place of business trip, then the costs of renting a dwelling, upon submission of the relevant documents, are reimbursed to the employee in the manner and in the amount provided for in paragraph two of this clause. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

In the case of sending to an employee on a business trip, at his request for wages, the costs of sending it are borne by the employer.

12. Expenses for travel to the place of business trip on the territory of the Russian Federation and back to the place of permanent work and for travel from one settlement to another, if the employee is seconded to several organizations located in different settlements, include expenses for travel by public transport, respectively, to the station, pier, airport and from the station, pier, airport, if they are outside the settlement, if there are documents (tickets) confirming these expenses, as well as payment for services for issuing travel documents and providing them on trains bedding. (As amended by Decree of the Government of the Russian Federation of May 14, 2013 N 411)

13. In the event of a forced stop on the way, the employee shall be reimbursed for the costs of renting a dwelling, confirmed by the relevant documents, in the manner and in the amount provided for in paragraph two of clause 11 of these Regulations. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

14. Expenses for booking and renting accommodation in the territory of the Russian Federation shall be reimbursed to employees (except when they are provided with free accommodation) in the manner and in the amount provided for in paragraph two of clause 11 of these Regulations. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

15. Clause is no longer valid. (as amended by Decree of the Government of the Russian Federation of December 29, 2014 N 1595)

16. Payment and (or) reimbursement of the employee's expenses in foreign currency associated with a business trip outside the territory of the Russian Federation, including the payment of an advance payment in foreign currency, as well as the repayment of an unspent advance payment in foreign currency issued to an employee in connection with a business trip, are carried out in accordance with federal law"On currency regulation and currency control".

Payment to an employee of daily allowances in foreign currency when sending an employee on a business trip outside the territory of the Russian Federation is carried out in the manner and in the amount provided for in paragraph two of paragraph 11 of these Regulations, taking into account the specifics provided for in paragraph 19 of these Regulations. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

17. During the travel time of an employee sent on a business trip outside the territory of the Russian Federation, daily allowances are paid:

a) when traveling through the territory of the Russian Federation - in the manner and in the amount provided for in paragraph two of clause 11 of these Regulations for business trips within the territory of the Russian Federation; (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

b) when traveling through the territory of a foreign state - in the manner and in the amount provided for in paragraph two of clause 11 of these Regulations for business trips on the territory of foreign states. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

18. When an employee travels from the territory of the Russian Federation, the date of crossing the state border of the Russian Federation is included in the days for which daily allowances are paid in foreign currency, and when moving to the territory of the Russian Federation, the date of crossing the state border of the Russian Federation is included in the days for which daily allowances are paid in rubles.

The dates of crossing the state border of the Russian Federation when traveling from the territory of the Russian Federation and to the territory of the Russian Federation are determined by the marks of the border authorities in the passport.

When an employee is sent on a business trip to the territory of 2 or more foreign countries, daily allowance for the day of crossing the border between states is paid in foreign currency according to the norms established for the state to which the employee is sent.

19. When sending an employee on a business trip in the territory of the states - members of the Commonwealth Independent States with which intergovernmental agreements have been concluded, on the basis of which border authorities do not make notes on crossing the state border in documents for entry and exit, the date of crossing the state border of the Russian Federation is determined by travel documents (tickets). (as amended by Decree of the Government of the Russian Federation of December 29, 2014 N 1595)

In the event of a forced delay on the way, per diems for the time of delay are paid by decision of the head of the organization upon submission of documents confirming the fact of the forced delay.

20. An employee who went on a business trip to the territory of a foreign state and returned to the territory of the Russian Federation on the same day is paid per diem in foreign currency in the amount of 50 percent of the daily allowance expenses, determined in the manner provided for in paragraph two of clause 11 of these Regulations, for business trips on the territory of foreign states. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

21. The costs of renting a dwelling when sending employees on business trips to the territory of foreign states, confirmed by the relevant documents, are reimbursed in the manner and in the amount provided for in paragraph two of clause 11 of these Regulations. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

22. Travel expenses when sending an employee on a business trip on the territory of foreign states are reimbursed to him in the manner provided for in paragraph 12 of this Regulation when sent on a business trip within the territory of the Russian Federation.

23. When sending him on a business trip to the territory of a foreign state, an employee is additionally compensated for:

a) expenses for issuing a foreign passport, visa and other travel documents;

b) obligatory consular and airfield fees;

c) fees for the right of entry or transit of motor vehicles;

d) expenses for registration of compulsory medical insurance;

e) other obligatory payments and fees.

24. Reimbursement of other expenses associated with business trips is carried out upon submission of documents confirming these expenses, in the manner and in the amount provided for in paragraph two of paragraph 11 of these Regulations. (as amended by Decree of the Government of the Russian Federation of October 16, 2014 N 1060)

25. An employee in the event of his temporary disability, certified in in due course, expenses for renting a dwelling are reimbursed (except for cases when the seconded worker is on inpatient treatment) and daily allowances are paid for the entire time until he is unable, for health reasons, to start performing the official assignment assigned to him or return to the place of permanent residence.

During the period of temporary disability, the employee is paid temporary disability benefits in accordance with the legislation of the Russian Federation.

26. Upon returning from a business trip, the employee must submit to the employer within 3 working days:

an advance report on the amounts spent in connection with the business trip and make the final settlement of the cash advance issued to him before leaving on a business trip for travel expenses. The advance report shall be accompanied by documents on the rental of accommodation, actual travel expenses (including payment for services for issuing travel documents and providing bedding on trains) and other expenses associated with a business trip; (as amended by Decrees of the Government of the Russian Federation of May 14, 2013 N 411, of December 29, 2014 N 1595)

Paragraph. - Lost power. (as amended by Decree of the Government of the Russian Federation of December 29, 2014 N 1595)

Position
about the peculiarities of sending employees on business trips

With changes and additions from:

1. This Regulation determines the specifics of the procedure for sending employees on business trips (hereinafter referred to as business trips) both on the territory of the Russian Federation and on the territory of foreign states.

2. Employees who are in labor relations with the employer are sent on business trips.

3. For the purposes of these Regulations, the place of permanent work should be considered the location of the organization (separate structural subdivision of the organization), the work in which is conditioned by the employment contract (hereinafter referred to as the sending organization).

Employees are sent on business trips by order of the employer for a certain period of time to perform official assignments outside the place of permanent work. A trip of an employee sent on a business trip (hereinafter referred to as the employee) by order of the employer or a person authorized by him to a separate subdivision of the sending organization (representative office, branch), located outside the place of permanent work, is also recognized as a business trip.

Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips.

4. The duration of a business trip is determined by the employer, taking into account the volume, complexity and other features of the assignment.

The day of departure on a business trip is the date of departure of the train, plane, bus or other vehicle from the place of permanent work of the business traveler, and the day of arrival from the business trip is the date of arrival of the specified vehicle at the place of permanent work. When the vehicle is sent before 24:00 inclusive, the day of departure for a business trip is considered the current day, and from 00:00 and later - the next day.

If the station, pier or airport is located outside the settlement, the time required to travel to the station, pier or airport is taken into account.

Similarly, the day of arrival of the employee at the place of permanent work is determined.

The issue of the employee's appearance at work on the day of departure on a business trip and on the day of arrival from a business trip is decided by agreement with the employer.

5. The remuneration of the work of an employee in the event that he is involved in work on weekends or non-working holidays is made in accordance with labor law Russian Federation.

6. The purpose of the employee's business trip is determined by the head of the sending organization and is indicated in the job assignment, which is approved by the employer.

7. On the basis of the decision of the employer, the employee is issued travel certificate, confirming the period of his stay on a business trip (date of arrival at the point (points) of destination and date of departure from it (from them)), except for the cases specified in paragraph 15 of this Regulation.

The travel certificate is issued in one copy and signed by the employer, handed over to the employee and kept by him during the entire period of the business trip.

The actual period of stay at the place of business trip is determined by the notes on the date of arrival at the place of business trip and the date of departure from it, which are made in the travel certificate and certified by the signature of an authorized official and the seal that is used in the economic activities of the organization to which the employee is seconded to certify such a signature.

If the employee is seconded to organizations located in different settlements, the marks in the travel certificate on the date of arrival and the date of departure are made in each of the organizations to which he is seconded.

8. The procedure and forms of accounting for employees leaving on business trips from the sending organization and arriving at the organization to which they are seconded are determined by the Ministry of Labor and social protection Russian Federation.

9. The average earnings for the period the employee was on a business trip, as well as for the days on the road, including for the time of a forced stop on the way, is retained for all days of work according to the schedule established by the sending organization.

An employee working part-time during a business trip retains the average earnings from the employer who sent him on a business trip. In the event that such an employee is sent on a business trip at the same time for the main job and work performed on a part-time basis, the average earnings are retained by both employers, and the reimbursable business trip expenses are distributed among the sending employers by agreement between them.

10. When sending him on a business trip, an employee is given a cash advance to pay for travel expenses and renting a dwelling and additional expenses associated with living outside the place of permanent residence (daily allowance).

eleven . Employees are reimbursed for travel expenses and rent of accommodation, additional expenses associated with living outside their permanent place of residence (daily allowance), as well as other expenses incurred by the employee with the permission of the head of the organization.

The procedure and amount of reimbursement of expenses associated with business trips are determined in accordance with the provisions of Article 168 of the Labor Code of the Russian Federation.

Additional expenses associated with living outside the place of residence (daily allowance) are reimbursed to the employee for each day on a business trip, including weekends and non-working holidays, as well as for days on the road, including for the time of a forced stopover, subject to the provisions provided for in paragraph 18 of this Regulation.

During business trips to the area from where the employee, based on the conditions of transport communication and the nature of the work performed on a business trip, has the opportunity to return daily to the place of permanent residence, daily allowances are not paid.

The issue of the expediency of the daily return of the employee from the place of business trip to the place of permanent residence in each case is decided by the head of the organization, taking into account the distance, the conditions of transport communication, the nature of the task being performed, as well as the need to create conditions for the employee to rest.

If the employee at the end of the working day, in agreement with the head of the organization, remains at the place of business trip, then the costs of renting a dwelling, upon submission of the relevant documents, are reimbursed to the employee in the manner and in the amount provided for in paragraph two of this clause.

In the case of sending to an employee on a business trip, at his request for wages, the costs of sending it are borne by the employer.

12. Expenses for travel to the place of business trip on the territory of the Russian Federation and back to the place of permanent work and for travel from one settlement to another, if the employee is seconded to several organizations located in different settlements, include expenses for travel by public transport, respectively, to the station, pier, airport and from the station, pier, airport, if they are outside the settlement, if there are documents (tickets) confirming these expenses, as well as payment for services for issuing travel documents and providing them on trains bedding.

13. In the event of a forced stop on the way, the employee is reimbursed for the costs of renting a dwelling, confirmed by the relevant documents, in the manner and amount that are provided paragraph two of paragraph 11 of this Regulation.

14. Expenses for booking and renting accommodation in the territory of the Russian Federation shall be reimbursed to employees (except when they are provided with free accommodation) in the manner and in the amount provided for paragraph two of paragraph 11 of this Regulation.

15. An employee is sent on a business trip outside the territory of the Russian Federation by order of the employer without issuing a travel certificate, except for cases of business trips to member states of the Commonwealth of Independent States with which intergovernmental agreements have been concluded, on the basis of which border authorities do not make notes on crossing the state border in documents for entry and exit.

16. Payment and (or) reimbursement of the employee's expenses in foreign currency associated with a business trip outside the territory of the Russian Federation, including the payment of an advance payment in foreign currency, as well as the repayment of an unspent advance payment in foreign currency issued to an employee in connection with a business trip, are carried out in accordance with federal law"On currency regulation and currency control".

Payment to an employee of daily allowances in foreign currency when sending an employee on a business trip outside the territory of the Russian Federation is carried out in the manner and in the amount provided for paragraph two of paragraph 11 of this Regulation, taking into account the specifics provided for in paragraph 19 of this Regulation.

17. During the travel time of an employee sent on a business trip outside the territory of the Russian Federation, daily allowances are paid:

a) when traveling through the territory of the Russian Federation - in the manner and in the amount provided for paragraph two of paragraph 11 of this Regulation for business trips within the territory of the Russian Federation;

b) when traveling through the territory of a foreign state - in the manner and in the amount that are provided for paragraph two of paragraph 11 of this Regulation for business trips on the territory of foreign states.

18. When an employee travels from the territory of the Russian Federation, the date of crossing the state border of the Russian Federation is included in the days for which daily allowances are paid in foreign currency, and when moving to the territory of the Russian Federation, the date of crossing the state border of the Russian Federation is included in the days for which daily allowances are paid in rubles.

The dates of crossing the state border of the Russian Federation when traveling from the territory of the Russian Federation and to the territory of the Russian Federation are determined by the marks of the border authorities in the passport.

When an employee is sent on a business trip to the territory of 2 or more foreign countries, daily allowance for the day of crossing the border between states is paid in foreign currency according to the norms established for the state to which the employee is sent.

19. When sending an employee on a business trip to the territory of the member states of the Commonwealth of Independent States, with which intergovernmental agreements have been concluded, on the basis of which border authorities do not make notes on crossing the state border in documents for entry and exit, the dates of crossing the state border of the Russian Federation when traveling from the territory of the Russian Federation and to the territory of the Russian Federation are determined by the marks in travel certificate issued as for a business trip within the territory of the Russian Federation.

In the event of a forced delay on the way, per diems for the time of delay are paid by decision of the head of the organization upon submission of documents confirming the fact of the forced delay.

20. An employee who went on a business trip to the territory of a foreign state and returned to the territory of the Russian Federation on the same day is paid per diems in foreign currency in the amount of 50 percent of the daily allowance expenses, determined in the manner prescribed paragraph two of paragraph 11 of this Regulation, for business trips on the territory of foreign states.

21. The costs of renting a dwelling when sending employees on business trips to the territory of foreign states, confirmed by the relevant documents, are reimbursed in the manner and amount that are provided paragraph two of paragraph 11 of this Regulation.

D) other obligatory payments and fees.

24. Reimbursement of other expenses associated with business trips is carried out upon submission of documents confirming these expenses, in the manner and amount that are provided paragraph two of paragraph 11 of this Regulation.

25. In the event of temporary incapacity for work certified in accordance with the established procedure, an employee shall be reimbursed for the costs of renting a residential premises (except for cases when the seconded employee is on inpatient treatment) and daily allowances are paid for the entire time until he is unable, for health reasons, to start fulfilling the official assignment assigned to him or return to the place of permanent residence.

For the period of temporary disability, the employee is paid temporary disability benefits in accordance with legislation Russian Federation.

26. Upon returning from a business trip, the employee must submit to the employer within 3 working days:

an advance report on the amounts spent in connection with the business trip and make the final settlement of the cash advance issued to him before leaving on a business trip for travel expenses. The advance report shall be accompanied by a duly executed travel certificate, documents on the rental of accommodation, actual travel expenses (including payment for services for issuing travel documents and providing bedding on trains) and other expenses associated with a business trip;

a report on the work performed on a business trip, agreed with the head of the structural unit of the employer, in writing.

Active Edition from 14.05.2013

Document nameDECREE of the Government of the Russian Federation of October 13, 2008 N 749 (as amended on May 14, 2013 with amendments that entered into force on May 25, 2013) "ON THE SPECIFICS OF SENDING EMPLOYEES ON BUSINESS BUSINESS TRAVEL"
Document typedecree, regulation
Host bodyRussian government
Document Number749
Acceptance date25.10.2008
Revision date14.05.2013
Date of registration in the Ministry of Justice01.01.1970
Statusvalid
Publication
  • This document has not been published in this form.
  • document in in electronic format FAPSI, STC "System"
  • (as amended on 10/13/2008 - " Russian newspaper", N 218, 10/17/2008
  • "Collection of Legislation of the Russian Federation", N 42, 10/20/2008, art. 4821
  • "Financial newspaper", N 47, 2008
  • "Documents and Comments", N 21, November, 2008)
NavigatorNotes

DECREE of the Government of the Russian Federation of October 13, 2008 N 749 (as amended on May 14, 2013 with amendments that entered into force on May 25, 2013) "ON THE SPECIFICS OF SENDING EMPLOYEES ON BUSINESS BUSINESS TRAVEL"

Prime Minister
Russian Federation
V. PUTIN

APPROVED
Government Decree
Russian Federation
dated October 13, 2008 N 749

REGULATIONS ON THE PECULIARITIES OF SENDING EMPLOYEES ON BUSINESS TRAVEL

(as amended by Decrees of the Government of the Russian Federation of March 25, 2013 N 257, of May 14, 2013 N 411)

1. This Regulation determines the specifics of the procedure for sending employees on business trips (hereinafter referred to as business trips) both on the territory of the Russian Federation and on the territory of foreign states.

2. Employees who are in labor relations with the employer are sent on business trips.

3. For the purposes of these Regulations, the place of permanent work should be considered the location of the organization (separate structural subdivision of the organization), the work in which is conditioned by the employment contract (hereinafter referred to as the sending organization).

Employees are sent on business trips by order of the employer for a certain period of time to perform official assignments outside the place of permanent work. A trip of an employee sent on a business trip (hereinafter referred to as the employee) by order of the employer or a person authorized by him to a separate subdivision of the sending organization (representative office, branch), located outside the place of permanent work, is also recognized as a business trip.

Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips.

4. The duration of a business trip is determined by the employer, taking into account the volume, complexity and other features of the assignment.

The day of departure on a business trip is the date of departure of the train, plane, bus or other vehicle from the place of permanent work of the business traveler, and the day of arrival from the business trip is the date of arrival of the specified vehicle at the place of permanent work. When the vehicle is sent before 24:00 inclusive, the day of departure for a business trip is considered the current day, and from 00:00 and later - the next day.

If the station, pier or airport is located outside the settlement, the time required to travel to the station, pier or airport is taken into account.

Similarly, the day of arrival of the employee at the place of permanent work is determined.

The issue of the employee's appearance at work on the day of departure on a business trip and on the day of arrival from a business trip is decided by agreement with the employer.

5. Remuneration of the work of an employee in the event that he is involved in work on weekends or non-working holidays is made in accordance with the labor legislation of the Russian Federation.

6. The purpose of the employee's business trip is determined by the head of the sending organization and is indicated in the job assignment, which is approved by the employer.

7. On the basis of the decision of the employer, the employee is issued a travel certificate confirming the period of his stay on a business trip (the date of arrival at the point (points) of destination and the date of departure from it (from them)), except for the cases specified in paragraph 15 of this Regulation.

The travel certificate is issued in one copy and signed by the employer, handed over to the employee and kept by him during the entire period of the business trip.

The actual period of stay at the place of business trip is determined by the notes on the date of arrival at the place of business trip and the date of departure from it, which are made in the travel certificate and certified by the signature of an authorized official and the seal that is used in the economic activities of the organization to which the employee is seconded to certify such a signature.

If the employee is seconded to organizations located in different settlements, the marks in the travel certificate on the date of arrival and the date of departure are made in each of the organizations to which he is seconded.

8. The procedure and forms of accounting for employees leaving on business trips from the sending organization and arriving at the organization to which they are seconded are determined by the Ministry of Labor and Social Protection of the Russian Federation.

dated 25.03.2013 N 257)

9. The average earnings for the period the employee was on a business trip, as well as for the days on the road, including for the time of a forced stop on the way, is retained for all days of work according to the schedule established by the sending organization.

An employee working part-time during a business trip retains the average earnings from the employer who sent him on a business trip. In the event that such an employee is sent on a business trip at the same time for the main job and work performed on a part-time basis, the average earnings are retained by both employers, and the reimbursable business trip expenses are distributed among the sending employers by agreement between them.

10. When sending him on a business trip, an employee is given a cash advance to pay for travel expenses and renting a dwelling and additional expenses associated with living outside the place of permanent residence (daily allowance).

11. Employees are reimbursed for travel expenses and rent of accommodation, additional expenses associated with living outside their permanent place of residence (daily allowance), as well as other expenses incurred by the employee with the permission of the head of the organization.

The amount of expenses associated with a business trip is determined by a collective agreement or a local normative act.

Additional expenses associated with living outside the place of residence (daily allowance) are reimbursed to the employee for each day on a business trip, including weekends and non-working holidays, as well as for days on the road, including for the time of a forced stopover, subject to the provisions provided for in paragraph 18 of these Regulations.

During business trips to the area from where the employee, based on the conditions of transport communication and the nature of the work performed on a business trip, has the opportunity to return daily to the place of permanent residence, daily allowances are not paid.

The issue of the expediency of the daily return of the employee from the place of business trip to the place of permanent residence in each case is decided by the head of the organization, taking into account the distance, the conditions of transport communication, the nature of the task being performed, as well as the need to create conditions for the employee to rest.

If the employee at the end of the working day, in agreement with the head of the organization, remains at the place of business trip, then the costs of renting a dwelling upon providing the relevant documents are reimbursed to the employee in the amount determined by the collective agreement or local normative act.

In the case of sending to an employee on a business trip, at his request for wages, the costs of sending it are borne by the employer.

12. Expenses for travel to the place of business trip on the territory of the Russian Federation and back to the place of permanent work and for travel from one settlement to another, if the employee is seconded to several organizations located in different settlements, include expenses for travel by public transport, respectively, to the station, pier, airport and from the station, pier, airport, if they are outside the settlement, if there are documents (tickets) confirming these expenses, as well as payment for services for issuing travel documents and providing them on trains bedding.

(As amended by Decree of the Government of the Russian Federation of May 14, 2013 N 411)

13. In the event of a forced stop on the way, the employee is reimbursed for the costs of renting a dwelling, confirmed by the relevant documents, in the manner and in the amount determined by the collective agreement or local normative act.

14. Expenses for booking and renting accommodation in the territory of the Russian Federation are reimbursed to employees (except when they are provided with free accommodation) in the manner and amount determined by collective agreements or local regulations.

15. An employee is sent on a business trip outside the territory of the Russian Federation by order of the employer without issuing a travel certificate, except for cases of business trips to member states of the Commonwealth of Independent States with which intergovernmental agreements have been concluded, on the basis of which border authorities do not make notes on crossing the state border in documents for entry and exit.

16. Payment and (or) reimbursement of an employee's expenses in foreign currency related to a business trip outside the territory of the Russian Federation, including the payment of an advance in foreign currency, as well as the repayment of an unspent advance in foreign currency issued to an employee in connection with a business trip, are carried out in accordance with the Federal Law "On Currency Regulation and Currency Control".

Payment to an employee of daily allowances in foreign currency when sending an employee on a business trip outside the territory of the Russian Federation is carried out in the amount determined by the collective agreement or local regulatory act, taking into account the specifics provided for in paragraph 19 of this Regulation.

17. During the travel time of an employee sent on a business trip outside the territory of the Russian Federation, daily allowances are paid:

A) when traveling through the territory of the Russian Federation - in the manner and in the amount determined by the collective agreement or local regulatory act for business trips within the territory of the Russian Federation;

B) when traveling through the territory of a foreign state - in the manner and in the amount determined by the collective agreement or local regulatory act for business trips to the territory of foreign states.

18. When an employee travels from the territory of the Russian Federation, the date of crossing the state border of the Russian Federation is included in the days for which daily allowances are paid in foreign currency, and when moving to the territory of the Russian Federation, the date of crossing the state border of the Russian Federation is included in the days for which daily allowances are paid in rubles.

The dates of crossing the state border of the Russian Federation when traveling from the territory of the Russian Federation and to the territory of the Russian Federation are determined by the marks of the border authorities in the passport.

When an employee is sent on a business trip to the territory of 2 or more foreign countries, daily allowance for the day of crossing the border between states is paid in foreign currency according to the norms established for the state to which the employee is sent.

19. When sending an employee on a business trip on the territory of the member states of the Commonwealth of Independent States, with which intergovernmental agreements have been concluded, on the basis of which the documents for entry and exit by the border authorities do not make notes on crossing the state border, the dates of crossing the state border of the Russian Federation when traveling from the territory of the Russian Federation and to the territory of the Russian Federation are determined by the marks in the travel certificate, issued as if on a business trip within the territory of the Russian Federation.

In the event of a forced delay on the way, per diems for the time of delay are paid by decision of the head of the organization upon submission of documents confirming the fact of the forced delay.

20. An employee who went on a business trip to the territory of a foreign state and returned to the territory of the Russian Federation on the same day is paid daily allowance in foreign currency in the amount of 50 percent of the daily allowance expenses, determined by a collective agreement or a local regulatory act, for business trips to the territory of foreign states.

21. Expenses for renting a dwelling when sending employees on business trips to the territory of foreign states, confirmed by the relevant documents, are reimbursed in the manner and in the amount determined by the collective agreement or local regulatory act.

22. Travel expenses when sending an employee on a business trip on the territory of foreign states are reimbursed to him in the manner provided for in paragraph 12 of this Regulation when sent on a business trip within the territory of the Russian Federation.

23. When sending him on a business trip to the territory of a foreign state, an employee is additionally compensated for:

a) expenses for issuing a foreign passport, visa and other travel documents;

b) obligatory consular and airfield fees;

C) fees for the right of entry or transit of road transport;

d) expenses for registration of compulsory medical insurance;

e) other obligatory payments and fees.

24. Reimbursement of other expenses associated with business trips in cases, in the manner and in the amount determined by the collective agreement or local regulatory act, is carried out upon submission of documents confirming these expenses.

25. In the event of temporary incapacity for work certified in accordance with the established procedure, an employee shall be reimbursed for the costs of renting a residential premises (except for cases when the seconded employee is on inpatient treatment) and daily allowances are paid for the entire time until he is unable, for health reasons, to start fulfilling the official assignment assigned to him or return to the place of permanent residence.

During the period of temporary disability, the employee is paid temporary disability benefits in accordance with the legislation of the Russian Federation.

26. Upon returning from a business trip, the employee must submit to the employer within 3 working days:

an advance report on the amounts spent in connection with the business trip and make the final settlement of the cash advance issued to him before leaving on a business trip for travel expenses. The advance report shall be accompanied by a duly executed travel certificate, documents on the rental of accommodation, actual travel expenses (including payment for services for issuing travel documents and providing bedding on trains) and other expenses associated with a business trip;

(As amended by Decree of the Government of the Russian Federation of May 14, 2013 N 411)

a report on the work performed on a business trip, agreed with the head of the structural unit of the employer, in writing.

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