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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 28, 2012 No. P-779/2012

About the right of workers to expense recovery on journey in case of official journeys

Constitutional court of the Republic of Belarus as a part of the chairman-chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Sergeyeva O. G., Boyko T. S. judges., Voronovich T. V., Danilyuka of Page E., Izotko V. P., Kozyrevoy L.G., Podgrusha V. V., Ryabtseva L.M., Tikovenko A. G., Chigrinova S. P.

based on part eight of article 22 of the Code of the Republic of Belarus about judicial system and the status of judges

according to the procedure of realization of the right to introduction to the President of the Republic of Belarus, in chambers of National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus, other state bodies according to their competence of offers on need of entering into acts of the legislation of changes and (or) amendments

with participation of representatives of the Ministry of Labour and Social Protection of the Republic of Belarus, the Ministry of Finance of the Republic of Belarus, the Ministry of Justice of the Republic of Belarus, the Prosecutor General's Office of the Republic of Belarus, Federation of trade unions of Belarus

considered in judicial session question of the right of workers to expense recovery on journey in case of official journeys.

In the addresses arriving in the Constitutional Court citizens put question of illegality of normative provisions according to which expenses on journey to the place of official journey and back are not compensated without submission of tickets and other documents in the original.

Having analyzed provisions of the Constitution of the Republic of Belarus (dalee-Konstitution), the Labor code of the Republic of Belarus (further - the Labor code) and other acts of the legislation, and also the line item of number of state bodies and other organizations stated in replies to the requests of the Constitutional Court, the Constitutional Court of the Republic of Belarus established the following.

1. State bodies and other organizations express the different points of view on legitimacy of the Ministry of Finance of the Republic of Belarus and the Ministry of Labour and Social Protection of the Republic of Belarus of legal regulation established by the relevant resolutions according to which expenses on journey to the place of official journey are not subject to compensation and back in case of non-presentation of authentic travel documents.

So, the Ministry of Labour and Social Protection, specifying conditionality of need of submission of supporting documents about the traveling expenses made by the worker the procedure for conducting cash transactions established in the Republic of Belarus, allows possibility of cost recovery of journey based on officially verified copy of the document confirming the fact of acquisition of the ticket and journey of the worker.

The Ministry of Finance considers that compensation to the worker of expenses on journey to the place of official journey and is back perhaps exclusive in case of representation to them of originals of the travel documents confirming the incurred expenses on journey.

According to the Ministry of Justice of the Republic of Belarus, compensation to the worker of expenses on journey to the place of official journey and back based on authentic travel documents does not contradict regulations of the Labor code, but compensation of such expenses is possible also on other bases established in the course of enhancement of regulations of the legislation taking into account practice of its application.

The Supreme Court of the Republic of Belarus believes that regulatory legal acts of the Ministry of Finance and Ministry of Labour and Social Protection which provisions regulate compensation for expenses on journey to the place of official journey and back are accepted within the competence provided to these bodies and questions in law-enforcement practice are not raised.

The Prosecutor General's Office of the Republic of Belarus pays attention to lack of the good causes for change of established procedure of expense recovery suffered during the business trip including regarding fixing of possibility of compensation of such expenses based on copies of travel documents.

The national center of the legislation and legal researches of the Republic of Belarus notes that the procedure for compensation existing now to the worker of expenses on journey to the place of business trip and back is not restriction of the right of the worker for compensation and that the Ministry of Finance and the Ministry of Labour and Social Protection did not exceed powers conferred to them in case of determination of procedure and the sizes, guarantees and compensations in case of official journeys.

The federation of trade unions of Belarus considers that compensation to the worker of expenses on journey to the place of official journey and back only in case of submission of authentic travel documents deprives of the employer of opportunity to refund to the worker expenses on journey even if it is ready to make certain payments and in the absence of such documents. Uncontested normative establishment of need of confirmation of expenses on journey by originals of travel documents is restriction of the right of the worker for compensation of these expenses. According to Federation of trade unions of Belarus, it is necessary to establish the mechanism of compensation of these expenses and in the absence of travel documents that will provide realization of the right of the worker to compensation for expenses on journey to the place of official journey and back anyway.

Organization of education "Belarusian state economic university" in the answer specifies that the condition about compensation to the worker of expenses on journey to the place of official journey and back only in case of presentation of authentic travel documents to them can be regarded as restriction of the right of the worker at which the relevant documents are absent, on compensation of such expenses if the worker performed task of the employer and the fact of stay it in business trip is appropriately confirmed. By part three of Article 95 of the Labor code the Government of the Republic of Belarus or the body authorized by it is granted the right to determine procedure and the amount of expense recovery in case of official journeys, but not the right to introduce the restrictions concerning compensation of these expenses.

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