The employer should not send you on a business trip just like that, even if it is just a trip to a nearby city. Do so only with your consent. And the company usually negotiates with the employees in the employment contracts. However, there are situations where even after a dream can be rejected on a business trip.
On a business trip, the reason for the time is limited to sending employees outside the agreed place of work, of course, for the purpose of performing some work. The track is connected outside the place of work. First of all, find out what will and will not be a business trip.
If the employee has a specific address specified in the employment contract, then if the employee sent outside this specific address, he is on a business trip, explains Vt Havrda, a lawyer from KODAP legal. In other words, in such a case, there will be a business trip to another place in another city. On the contrary, for some professions, the city of work may also be agreed upon, for example, a district or a region, adds Michal Dasa, a tax advisor from BDO. In such a case, the employee will be considered a business trip outside the district and the region.
Consent to work trips is often included in employment contracts
In any case, in order to be sent on a business trip, the employer needs the consent of the employee. Businesses are easy. Often, consent to the mission statement is included in the employment contract. In such a case, the employer does not need the additional consent from the employee. And if an employee still refuses to embark on a business trip, he also risks terminating his employment, Havrda warns.
Conversely, if the consent is not enshrined in the employment contract, the employee may refuse the first business trip. In this case, it will always depend on how they agree.
For example, if the employer tells the employees with the city of work in Liberec to take the train from Liberec to Pardubice the next day in the morning and the employee does not agree with this condition, he will not be obliged to make the trip. The employer will then try to negotiate for the employee to join the business trip, for example by offering to use a company car with the fact that he will be able to go on a business trip and at seven o’clock, according to Havrd.
Thotn eny a rodie mench dt maj vjimku
Sometimes the employer does not even have the consent of the contract in the employment contract. There are three cases where the employee may refuse the first business trip even if he signed the consent in the employment contract.
Such a so-called salary protection for pregnant women and employees caring for children under 8 years of age. Tom Prochzka from the law firm Eversheds Sutherland describes the same protection for employees who take care of themselves under the age of 15 or an elderly person dependent on the help of others. If such a situation occurs, the employee refuses the trip, even though he / she signed the agreement in the employment contract before (not this fact occurred).
An example would be an employee who, as a child, concluded an employment contract, in which she agreed to a mission trip, and as a place of work, the Central Bohemian Region was arranged to work in Cologne. Consequently, the employer did not need consent to any particular route, either within or outside the Central Region. The employee was subsequently turned away. Under this situation, the employer will be forced to obtain the consent of the employees to be sent on a business trip outside Cologne, even if such a business trip was carried out within the Central Bohemian Region, Havrda explains.
When to go you can reject the business trip
In the event that an employee refuses a business trip, the first regulations violate the employer’s instructions for the business trip. For example, the courts upheld a party that refused to go on a business trip because the employer did not provide him with a hostel outside the truck cab, according to Prochzka. He explains that moving outside the cab should be the first year and if crossing the cab would violate safety regulations, so he could immediately reject the work trip.
When completing work trips, the employer must also pay attention to other employees and must not abuse the work trips. Recently, the Supreme Court ruled that such an abuse is, for example, a situation where the employer goes to court with an employee and approves a business trip abroad for the day when a trial can take place so that the employee cannot defend him, said Prochzka.
The employer decides on the conditions of the business trip
However, other problems connected with the business trip are in the direction of the employer. For example, the law does not stipulate in advance how the employer should instruct employees to perform a business trip to Havrd. It will always depend on the agreements of both parties, even in the case of the consent granted in the framework of the employment contract, on the operational needs of the company.
The employer thus decides whether the employee will sing or will have to travel during the night to spend the night. And the last word I have when choosing a hostel, describes Prochzka. He adds that companies avoid this by setting internal rules for what is an acceptable standard for business trips. On the other hand, it is impossible to discuss the choice of hostel with the employee.
The employer also determines the mode of transport, ie whether the employee will travel by company car, bus or train. However, if the employee decides that he would like to use his private car, he needs the consent of the employer and at the same time he cannot expect any other reimbursement that would correspond to the price of the fare in the originally designated means of transport, Havrda adds. Therefore, if the employee is destined to take a bus with a price of 200 crowns, he will be reimbursed in the same amount, regardless of the actual costs of using a private car.
Otherwise, however, it will be when to use a private car under the employer. In such a case, employees cannot pay a fee for each 1 km of driving and pay for the fuel consumed. At present, this compensation for personal motor vehicles is 4.20 crowns per 1 km of driving. For fuels for this year, the decree set a price of 32 crowns per liter for Natural 95 petrol, and 31.80 crowns per liter for diesel engines.
In addition to travel expenses and expenses for the boarding house employee are entitled to board. Here, the limit was added (for domestic catering) for this year again. For example, the lowest amount of food during the journey of 5 and 12 hours increased from 82 to 87 crowns.
Foreign business trips
The same rules apply to business trips abroad as for domestic ones. The difference between the foreign and domestic routes is mainly in the diet. The employer must determine the meal allowance according to the basic rate of the foreign meal allowance set for the state in which the employee will stay on the calendar day for the most part, Dasa describes.
It adds that, in addition to the board, the pocket money, based on the agreement with the employer, can be provided out of pocket, up to a maximum of 40 percent of the foreign board. There is no need to blame the employer for this pocket, so it is not necessary to add thin documents, for example.