Company employee is sent on a business trip to perform work at the weekend (Saturday). What labor guarantees on payment for labour (other labor warranty) has the employee for those days?
If an employee is sent on a business trip on purpose to work at the day of weekend, then he/she is entitled to get payment at double the rate of average earnings for that day or may have another day of rest.
According to para.9 of sec.I of Provisions on business trips within Ukraine and abroad as amended by the Order of the Finance Ministry of Ukraine dated 17.03.11 № 362, if an employee is sent on a business trip on purpose to work at weekends or public holidays and non-working days, the compensation for the work in those days is to be paid according to the current law. Despite the fact that this standard is mandatory only for state employees, self-financing enterprises are entitled to use it as guidelines. The tax authorities, in particular, also indicate this point in their letters of 31.03.2012 № 5742/6/15-1415 and of 07.09.2011 № 10077/5/15-1216.
Article 71 of the Labour Code of Ukraine of 10.12.1971 (hereinafter - Labour Code) prohibits to engage employees to work at weekends (except for some exceptions specified therein, including disaster relief etc.). Therefore, it is not enough to have just an order in case of sending an employee on a business trip, where he/she should work at his/her day off. It is necessary to gain the approval of the business traveller to do everything legally. It is required for this purpose to have a signature and a notice “I agree” in a business trip order, where should be indicated that the employee has to work at weekends (holidays, non-working days) during a business trip.
In addition, the Ministry of Social Policy revealed this issue in its letter dated 26.04.13 № 478/13/84-13. Thus, it was noted that the compensation for the work on a business trip at the weekend should be carried out in accordance with Articles 72, 73 and 107 of the Labor Code. It is additionally explained in the letter: employees sent on a business trip on purpose to work at weekends are obliged to work those days, if it is expressly stated in the order on a business trip.
Therefore, payment at double the rate of average earnings or another day of rest should be provided for the day of work, when an employee should have a day off (Articles 72 and 107 of the Labor Code). The chosen option is to be indicated directly in the order on a business trip or in the statement of the employee.
It should be noted that according to Art. 121 of the Labor Code, payment for done work should be carried out to the employees sent on a business trip in accordance with the conditions defined by the labor agreement or collective agreement and the payment size should not be less than the average wage.
Payment for the work at weekend should be determined under Art.107 of the Labor Code. In particular, work on holidays and non-working day is to be paid at double the rate to:
- pieceworkers - at double piece-rates;
- employees who are paid on an hourly or daily rates - amounting to double hourly or daily rates;
- employees who receive a monthly salary - in the amount of a single hourly or daily rates in excess of the salary, if the work on a holiday and a day off was within the monthly norm of working time, and if they work in excess of the monthly norm - at the double hourly or daily rates in excess of salary.
Payment at double the rate is to be made for the hours actually worked on a holiday.
