When you work in the construction, transportation, and commercial sectors, you may be required to travel outside your work area. This can be to another region, province, or even a foreign country. However, is it possible to refuse a business trip? Is business travel explicitly mentioned in the employment contract? What are the obligations of the employee and the employer? Find out the answers to all these questions in this article.
Does the employee have the right to refuse a business trip?
At some point, an employee may be required to take a trip as part of his or her job. This is the case for people working in the construction industry, the tourism and transportation sector, the medical profession, etc. Therefore, you should expect this when you decide to apply for a job in one of these fields.
The possibility of going on business trips does not have to be mentioned in the employment contract. On the other hand, availability and flexibility can be part of the conditions imposed during the job interview. Therefore, if your employer asks you to travel abroad or to another region, this does not require a modification of your employment contract.
One possibility is that your contract may contain a mobility clause. This is an imposed provision, saying that the employee is obliged to accept in case of a change of workplace. However, the geographical area concerned must be included in this provision. This cannot be changed without the agreement of the employee concerned.
The transfer must not take place to another company. However, you should know that an employee has the right to refuse a business trip in certain situations. The reason may be medical or family-related. Nevertheless, the employee must provide certified documents to justify the refusal.
What are the employer’s obligations?
Regardless of the distance, duration, and frequency, business travel is governed by very specific legal rules. When the mission’s duration does not exceed 24 hours, the trip is qualified as a simple business trip. However, if the trip exceeds this period, the term business trip is used. Although the employee does not have the right to refuse an assignment outside his national territory or the area where the company is located, he must be informed of the possibility of making a trip in the context of his work.
The assignment must also be related to the tasks he/she performs within the company. Whether it is a professional or business trip, the company or employer fully covers the costs related to transportation, accommodation, and meals. Payment or reimbursement will be made according to the agreement between the two parties.
Some companies also choose to provide payment cards to their employees. These are used only to pay for expenses during a business trip or travel. In the case of an accident that occurs while traveling to and from work, the coverage is the same as for a business trip.
With respect to means of transportation
The employer must determine the means of transportation to get to the planned location. It must obviously be compatible with the employee’s state of health. It is in the employee’s interest to provide a medical certificate in case he/she cannot take the plane, for example. And if an employee suffers any inconvenience during the trip, such as a canceled or delayed flight, he or she may not be penalized if he or she can provide proof of this.
Finally, the employer cannot force an employee to use his or her personal vehicle. Before crossing the planet to carry out a professional mission, it is sometimes useful to cross the hallway to the HR department. It is better to ask a few questions before leaving than to end up with bills that will not be reimbursed.
Is it necessary to purchase insurance for a business trip?
Although the company will cover the costs of a business trip, it may be necessary to take out insurance. This is the obligation of the employee and allows to compensate the employee in case :
- An accident occurs, resulting in the death or disability of the employee
- There is repatriation
- Your luggage has been stolen.
Sound off in the comments section below and tell us what you want to read next and if you want to read more about traveling for work.