The lawyer told about the rules of business trips during the holidays

Sometimes employers face the need to send an employee on a business trip during the holidays, but this can only be done if the law is followed. This was announced on December 13 by Elena Chirkina, a lawyer at the Prilepskaya and Partners Moscow Bar AssociationГазете.Ru ".

"Public holidays are established by law, and a business trip is the fulfillment of an employer's order outside the main place of work. Even a trip from the head office to a branch is considered a business trip," the specialist explained.

As a general rule, it is forbidden to work or go on a business trip during the holidays. The only exceptions are cases where it is impossible to do without the participation of a specific employee.

The lawyer clarified that we are talking about unforeseen circumstances: urgent troubleshooting, project completion or ensuring continuity of production. In such cases, a business trip is possible only with the written consent of the employee. In case of disagreement, a person cannot be forced.

In certain emergency situations — accidents, catastrophes, natural disasters, threats to human life and health, or the preservation of property — an employee can be sent on a business trip without consent if it is necessary for safety and public needs, Chirkina noted.

"If the business trip still falls on a public holiday, and the employee has given written consent, his work is paid at an increased rate. According to article 153 of the Labor Code, holidays are paid at least twice the amount. The increased rate applies not only to working days, but also to travel time," the expert emphasized.

If the trip is organized without legal grounds or paid for at the usual rate, this is a violation of labor laws. In such a situation, you can file a complaint with the State Labor Inspectorate or file a court application to protect your rights and receive compensation, concluded Elena Chirkina.

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