of October 13, 2008 No. 749
About features of the direction of workers in official journeys
According to article 166 of the Labor Code of the Russian Federation the Government of the Russian Federation decides:
1. Approve the enclosed Regulations on features of the direction of workers in official journeys.
2. To make to the Ministry of Labour and Social Protection of the Russian Federation explanations on the questions connected using the Provision approved by this resolution.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of October 13, 2008 No. 749
1. This Provision determines features of procedure for the direction of workers in official journeys (further - business trips) as in the territory of the Russian Federation, and in the territory of foreign states.
2. The workers consisting in employment relationships with the employer go to business trips.
3. For the purpose of this provision the place of permanent job should be considered the organization location (the isolated structural division of the organization) in which work is caused by the employment contract (further - the sending organization).
Workers go to business trips based on the written decision of the employer for certain term for accomplishment of the office order out of the place of permanent job. The trip of the worker sent to business trip based on the written decision of the employer in separate division of the sending organization (representation, branch) which is out of the place of permanent job also is recognized business trip.
Or traveling nature has office trips of workers which permanent job is carried out in transit, business trips are not recognized.
4. The term of business trip is determined by the employer taking into account amount, complexity and other features of the office order.
Day of departure in business trip date of departure of the train, plane, bus or other vehicle from the place of permanent job sent, and day of arrival from komandirovkidat of arrival of the specified vehicle in the place of permanent job is considered. In case of departure of the vehicle till 24 o'clock inclusive the current days, and from 00 o'clock and later - the next days are considered as day of departure to business trip.
If the station, pier or the airport are behind line of the settlement, time necessary for transportation to the station, pier or the airport is considered.
Day of arrival of the worker to the place of permanent job is similarly determined.
The question of the worker's appearance in day of departure in business trip and in day of arrival from business trip is solved on work by agreement with the employer.
5. Compensation of the worker in case of attraction him to work during week-end or non-working holidays is made according to the labor law of the Russian Federation.
6. Ceased to be valid according to the Order of the Government of the Russian Federation of 29.12.2014 No. 1595
7. The actual term of stay of the worker in business trip is determined by the travel documents submitted by the worker upon return from business trip.
In case of journey of the worker based on the written decision of the employer to the place of sending and (or) back to place of employment on office transport, on the transport which is in property of the worker or in property of the third parties (by proxy) the actual term of stay in the place of sending is specified in the service record which is submitted the worker upon return from business trip to the employer with application of documents, confirming use of the specified transport for journey to the place of sending and back (the route sheet, route leaf, accounts, receipts, cash register receipts and other documents confirming transport route).
In case of lack of travel documents the actual term of stay of the worker in business trip the worker supports by the documents on hiring of premises in the place of sending. In case of hotel accommodation the specified term of stay is confirmed by the receipt (coupon) or other document confirming the conclusion of the contract for rendering hotel services in the place of sending, containing the data provided by the Rules of provision of hotel services in the Russian Federation approved by the order of the Government of the Russian Federation of April 25, 1997 No. 490 "About approval of Rules of provision of hotel services in the Russian Federation".
In the absence of travel documents, documents on hiring of premises or other documents confirming the conclusion of the contract for rendering hotel services in the place of sending for the purpose of confirmation of the actual term of stay in the place of sending by the worker the service record and (or) other document on the actual term of stay of the worker in business trip containing confirmation of the party accepting the worker (the organization or the official) about the term of arrival (departure) of the worker to the place of sending are represented (from the place of business trip).
8. Ceased to be valid according to the Order of the Government of the Russian Federation of 29.07.2015 No. 771
9. Average earnings for the period of finding of the worker in business trip, and also for days of stay in transit, including during forced stoppage in transit, remain for all days of work on the schedule established in the sending organization.
To the worker working part-time when sending average earnings at that employer who sent it to business trip remain. In case of the direction of such worker in business trip at the same time on the main work and work performed on the terms of combining jobs, average earnings remain at both employers, and the refunded expenses on business trip are distributed between the sending employers under the agreement between them.
10. To the worker in case of the direction him in business trip the cash advance on payment of expenses on journey and hiring of premises and the additional expenses connected with accommodation out of the permanent address (daily allowance) is issued.
11. Expenses on journey and hiring of premises, the additional expenses connected with accommodation out of the permanent residence (daily), and also other expenses, made by the worker with the permission of the head of the organization are refunded to workers.
The procedure and the amount of expense recovery, connected with business trips, are determined according to provisions of article 168 of the Labor Code of the Russian Federation.
The additional expenses connected with accommodation out of the residence (daily allowance) are compensated to the worker for each day of stay in business trip, including output and non-working holidays, and also for days of stay in transit, including during forced stoppage in transit, taking into account provisions, stipulated in Item the 18th this provision.
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