论俄罗斯联邦劳动法中的出差问题

M. Kostyuchenko
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引用次数: 0

摘要

本研究的主题是俄罗斯联邦劳工立法中关于出差机构的规范,以及包含劳动法规范的其他法律,这些法律可以确定出差机构的基本特征。作者分析了俄罗斯联邦《劳动法》第166条规定的出差的定义、出差的特点和出差的时间。需要注意的是,商务旅行的最长期限没有法律限制,因此雇主有权派遣员工进行任何长度的商务旅行。考虑了派遣员工出差时提供担保的问题,以及与之相关的费用报销问题。应当铭记的是,《RF劳动法》第166条明确排除了以旅行身份从事长期工作或具有旅行性质的雇员的商务旅行。因此,员工的工作与经常性出差或与工作的流动性质有关的费用不能视为差旅费用。商务旅行和工作性质不固定的商务旅行是有区别的。具体来说,它们包括这样一个事实,即商务旅行通常是一次性的,而工作的流动性质意味着这类活动的特征是定期的商务旅行。此外,工作的流动性质是一个可评估的类别,因此雇主有权独立决定组织中哪些工作具有流动性质。
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To the Issue of Business Trips in Labour Law of the Russian Federation
The subjects of the study are the norms of the business trip institute in the labor legislation of the Russian Federation and other acts containing the norms of labour law, which allow to identify its essential features. The author analyzes the definition of a business trip specified in article 166 of the Labor Code of the RF, its features and duration. It is noted that the maximum term of a business trip is not legally limited, so the employer has the right to send an employee on a business trip of any length. The problematic issues of providing guarantees when sending employees on business trips, as well as reimbursement of costs associated with them are considered. It should be kept in mind that Article 166 of the RF Labor Code explicitly excludes from the business trips those employees, whose permanent work is carried out by travel status or has traveling nature. Consequently, expenses incurred by employees whose work is connected with regular business trips or with the itinerant nature of work cannot be regarded as business travel expenses. There are some differences between a business trip and a business travel with the itinerant nature of work. In particular, they consist in the fact that a business trip is usually of a one-time nature, while the itinerant nature of work implies regular business trips characteristic of this type of activity. In addition, the itinerant nature of work is an evaluative category, so the employer has the right to independently decide which jobs in the organization have the itinerant nature.
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