(1) During a business trip, I slipped on an icy staircase and seriously injured my hand. (2) My wrist was swollen, there was nothing to do: I had to go to see a surgeon. (3) So I, a resident of a large regional city, ended up in an ordinary district hospital. (4) For some reason, the doctor did not begin the appointment, and near the doors in the cramped corridor, lit by a weak light bulb, there was a real Babylonian pandemonium. (5) Who was there? (6) Elderly women, whose faces were flushed from the stuffiness, gloomy old men, high school girls, shrilly screaming that they will skip the queue, because they just need to get a stamp. (7) Infants cried in the arms of their mothers, exhausted by waiting, who rocked them tiredly and looked in silent anguish at the closed office door.
(8) Time passed, but the reception still did not begin. (9) And people’s patience ran out. (10) At first, some kind of dull murmur was heard, which, like a match to dry branches, ignited general discontent. (11) The children, as if on cue, began to cry in one voice, and it was no longer a murmur, but an indignant and plaintive howl that filled the entire corridor.
(12) “Lord, why am I here!” – I thought, looking at these people. (13) The pain awakened in my hand flared with redoubled force, my head began to spin. (14) It became unbearable to wait, I decided to act. (15) With a firm step, I approached the registration window and quietly but authoritatively knocked on the glass. (16) The plump woman looked at me over her glasses, I motioned for her to go out into the corridor. (17) When she came out, I handed her a coupon to the doctor and fifty rubles.
– (18) I urgently need to see a surgeon. (19) Please arrange it!
(20) The woman silently took my coupon and put the money in her robe pocket.
- (21) Everyone move away from the doors, move away! - she grumbled and, passing through the crowd of people, like a knife through jelly, she entered the office. (22) A minute later she came out and nodded her head at me:
- (23) They will call you now!
(24) The children were crying, the light bulb, blinking due to power surges, splashed beams of yellow light, the smell of something stale and musty filled the lungs. (25) Suddenly, a boy in a blue blouse, who had escaped from the arms of his exhausted mother, buried himself at my feet. (26) I stroked his fluffy head, and the baby looked at me with trusting eyes. (27) I smiled. (28) The young mother sat him down.
- (29) Be patient, little one, be patient, we’ll be leaving soon!
(30) The disabled man dropped his crutch and, helplessly moving his hands, tried to pick it up from the floor. (31) I closed my eyes. (32) The door swung open and the nurse shouted loudly:
- (33) Nikitin, see you!
(34) People shook their heads, asking who Nikitin was here. (35) I stood to the side without moving.
- (36) Nikitin who? (37)Where is he?
(38) The nurse shrugged her shoulders in bewilderment and said:
- (39) Well, then whoever is first in line, come in!
(40) A young mother and her child rushed to the door. (41) I went to the window. (42) Sparse snow was falling, the darkened sky, like an ice-covered river, hung low above the ground, and pigeons flew through it. (43) A young mother and her baby came out of the doctor’s office, he looked at me and waved his bandaged hand at me.
- (44) Nikitin hasn’t come up yet? (45) Well, then the next one in line...
(According to K. Akulinin)
Formulation of a task with a detailed answer
| Write an essay based on the text you read. Formulate and comment on one of the problems posed by the author of the text (avoid excessive quoting). Formulate position of the author (storyteller). Write whether you agree or disagree with the point of view of the author of the text you read. Explain why. Justify your answer, relying primarily on reading experience, as well as knowledge and life observations (the first two arguments are taken into account). The volume of the essay is at least 150 words. Work written without reference to the text read (not based on this text) is not graded. If the essay is a retelling or completely rewritten of the original text without any comments, then such work is scored zero points. Write an essay carefully, legible handwriting. |
Arranging business trips for most accountants who also manage personnel records is quite routine. It would seem that the secondment procedure has been worked out, and there cannot be any difficulties here. But in practice, situations still arise when you have to rack your brains. This article provides answers to ten such questions.
Question No. 1: is it possible to send an employee to the same city?
Answer: yes, you can.
The Labor Code defines a business trip as a trip by an employee by order of the employer for a certain period of time to fulfill an official assignment outside the place of permanent work (Article 166 of the Labor Code of the Russian Federation). As we can see, we are talking specifically about the place of work, and it is indicated in the employment contract (Article 57 of the Labor Code of the Russian Federation). As a rule, the employment contract specifies the name of the organization and its address as the place of work.
It turns out that sending an employee to perform a work assignment to another organization, even if located in the same city and even on the same street, can formally be a business trip. This conclusion is confirmed by the norm of paragraph 3 of the Regulations on Business Travel*. It clarifies that the place of permanent work is considered to be the location of the organization (structural unit), the work in which is stipulated by the employment contract.
Thus, if an employee will perform work in another organization in the same city, then he can be issued a business trip. In this case, there is no need to pay daily allowances, since the employee has the opportunity to return to his place of residence every day (clause 11 of the Business Travel Regulations). There is also no need to pay living expenses. Otherwise, the business trip in this case is processed in the usual manner. But here another difficulty may await the employer. And this is our second question.
Question No. 2: are the constant trips of a freight forwarder a business trip?
Answer: no, not a business trip.
This conclusion follows from Article 166 of the Labor Code. It states that business trips of employees whose permanent work involves traveling (couriers, direct sales employees, plumbers, electricians providing services to the public), or who are on the road (drivers, conductors, pilots, machinists, forwarders) are not recognized as business trips .
Accordingly, such employees do not need to issue a travel certificate for each trip and pay daily allowances. This rule works even if the trip is to another city and for several days (for example, in the case of freight forwarders).
Question #3: Can a business trip last one day?
Answer: yes, it can.
In fact, in the Labor Code and in the Regulations on Business Travel, the issue of the minimum duration of a business trip is delicately avoided. Only paragraph 2 of the old, still Soviet Instructions on Business Travel** states that a travel certificate may not be issued if the employee must return from a business trip on the same day on which he was sent. It indirectly follows from this that the business trip can be one day. However, as already mentioned, later legislation (the Labor Code of the Russian Federation and the Regulations on Business Travel) does not contain such a clause. But these acts also do not contain a ban on one-day business trips.
From all this, only one conclusion can be drawn - one-day business trips are not prohibited, but it is better to prepare documents for them, as they say, in full (travel certificate and report). This will not be superfluous for tax purposes either. Please note that daily allowance for a one-day business trip is paid only when traveling abroad, and even then in the amount of 50 percent of the standard. For domestic Russian “one-day trips” they are not paid (clauses 11 and 20 of the Regulations on business trips).
Question No. 4: Can a business trip last indefinitely?
Answer: no, it cannot.
The old Instructions on Business Travel contain a clear rule that the duration of a business trip cannot exceed 40 days, not counting the time spent on the road. The duration of the business trip for workers, managers and specialists sent to perform installation, commissioning and construction work could not exceed one year (clause 4 of the Business Travel Instructions). However, the Regulations on Business Travel (a later document) no longer contain such a restriction. Thus, paragraph 4 of the Regulations only says that the employer sets the duration of the business trip taking into account the volume, complexity and other features of the official assignment.
It turns out that the employer, if necessary, can send an employee on a business trip for more than 40 days. But the business trip still cannot be endless. After all, as we remember, a business trip, according to Article 166 of the Labor Code of the Russian Federation, is a trip by an employee to carry out an official assignment. Accordingly, the duration of the business trip is determined by the timing of the execution of this order, which is clearly recorded in the document drawn up when sending the employee - the travel certificate.
Thus, if the labor inspector discovers that the task has been completed, but the employee is still on a business trip, or that the task is formulated in such a way that its completion can take an indefinitely long time, then such a “business trip” may well be recognized as a transfer of the employee. In this case, the employer faces liability up to and including suspension of the company’s activities and disqualification of the manager (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). And if the tax inspector discovers this, then daily allowances and travel allowances may come under attack. In addition, if a business trip lasts more than one month, tax authorities may decide that the company has created.
Question No. 5: How to determine the departure day if the plane departs at the beginning of the first night?
Answer: The day of departure will be the day before the day of departure of the aircraft.
This is due to the fact that, according to paragraph 4 of the Regulations on Business Travel, when determining the day of departure, it is necessary to take into account the time required to travel to the station, pier or airport, if these objects are located outside the boundaries of the populated area. Since airports are almost always located outside the city, the day of departure will be the day when the employee begins his movement towards the airport.
Please note that in this case the departure day will not coincide with the date indicated on the air ticket. Therefore, it is better to ask the employee to save and submit to the accounting department also the transport ticket with which he got to the airport.
Question No. 6: Is it necessary to provide an employee returning from a business trip with additional days off if he worked a six-day shift at the place of business trip?
Answer: no, it's not necessary.
Let’s assume that an employee at his main place of work works five days a week, but during a business trip he worked a six-day work week. Does he have the right to additional days off? The answer to this question is directly stated in paragraph 8 of the Instructions on Business Travel. It says that an employee on a business trip is subject to the working time and rest time regime of the enterprise (association, institution, organization) to which he is sent. This means that if a six-day workday is established at the place of business trip, then the employee is obliged to work on Saturday. And upon returning from a business trip, there is no need to provide him with additional days of rest in exchange for these working Saturdays.
Issues arising when paying seconded employees were discussed in the article."
Question No. 7: Do I have to pay per diem and pay for a hotel if a posted worker gets sick?
Answer: yes, it is necessary.
This point is also directly regulated in regulatory documents. Thus, paragraph 25 of the Business Travel Regulations states that an employee who falls ill during a business trip is entitled to compensation and payment for the entire time until he is unable to perform work or return to his place of residence due to illness.
And paragraph 16 of the Instructions on Business Travel resolves the issue of extending a business trip during illness. Moreover, the solution is quite simple - sick days are simply not included in the travel period indicated on the travel certificate.
Question No. 8: What document must be drawn up when sending an employee on a business trip?
Answer: travel certificate.
This issue has been resolved quite clearly today. Clause 7 of the Business Travel Regulations states: “based on the employer’s decision, the employee is issued a travel certificate, which determines the duration of his stay on a business trip, as well as establishing the date of arrival at the point(s) of destination and the date of departure from it (from them).” It follows from this that when sending an employee on a business trip, it is necessary to have the employer’s decision (the form of this decision is not specified, which means it can be either oral or non-unified), as well as a travel certificate drawn up according to the unified form No. T-10 (approved by resolution State Statistics Committee of the Russian Federation dated 01/05/04 No. 1).
Note that earlier there was confusion on this issue due to the fact that the legislation provided for variability in design. The employer could decide for himself which document to draw up: a business trip order or a travel certificate (clause 2 of the Business Travel Instructions). But this rule no longer applies, since it contradicts the Regulations on Business Travel (Article 423 of the Labor Code of the Russian Federation).
Question No. 9: Do I need to compensate for gas costs if an employee goes on a business trip in a personal car?
Answer: necessary, but subject to certain conditions
Labor legislation does not regulate what kind of transport an employee should use to get to the place of business trip. It is logical to assume that this choice is made by the employer, taking into account the relationship between cost and travel time, as well as the need to ensure the comfort and safety of the posted worker.
Thus, if the employer has agreed on the possibility of going on a business trip by personal transport (of which there is documentary evidence), then he will be obliged to reimburse the employee’s expenses associated with travel to the place of business trip and back. In addition, in this case, the employee is entitled for official purposes, the amount of which is determined by agreement of the parties to the employment contract (Article 188 of the Labor Code of the Russian Federation). The company will be able to take into account the amount of compensation in.
Question No. 10: what to do if an employee is late for a train or plane?
Answer: buy him a new ticket.
In a situation where an employee is late for the departure of transport that should take him to or from a business trip, the organization finds itself in a legal impasse. The fact is that Article 166 of the Labor Code of the Russian Federation obliges the employer to pay for the employee’s travel to the place of performance of the official task and back. Obliges without any exceptions or alternatives. This means that the employer has no right not to pay for the second ticket.
The employer cannot deduct the cost of an “overdue” ticket from an employee. Article 137 of the Labor Code of the Russian Federation prevents him from doing this. It contains an exhaustive list of situations when it is possible to withhold money from an employee’s salary. And this list says nothing about the possibility of retaining the cost of an unused ticket. Therefore, the employer can either reach an amicable agreement with the employee, or go to court with a claim to recover this amount from the employee. If an employee agrees to voluntarily deposit funds into the cash register to repay the damage caused to the company, then CCT will not be required, since there is no fact of sale of goods, work, or services.
* Regulations on the specifics of sending employees on business trips (approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).
** Instruction of the Ministry of Finance of the USSR, the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions dated 04/07/88 No. 62 “On official business trips within the USSR.” This Instruction is valid to the extent that it does not contradict the Labor Code of the Russian Federation and the Regulations on Business Travel.
(1) During a business trip, I slipped on an icy staircase and seriously injured my hand. (2) The wrist was swollen, there was nothing to do: I had to go to see a surgeon. (3) So I, a resident of a large regional city, ended up in an ordinary district hospital. (4) For some reason, the doctor did not begin the appointment, and near the doors in the cramped corridor, lit by a weak light bulb, there was a real Babylonian pandemonium. (5) Who was there? (6) Elderly women, whose faces were flushed from the stuffiness, gloomy old men, high school girls, shrilly screaming that they will skip the queue, because they just need to get a stamp. (7) Infants cried in the arms of their mothers, exhausted by waiting, who rocked them tiredly and looked in silent anguish at the closed office door. (8) Time passed, but the reception still did not begin. (9) And people’s patience ran out. (10) At first, some kind of dull murmur was heard, which, like a match to dry branches, ignited general discontent. (11) The children, as if on cue, began to cry in one voice, and it was no longer a murmur, but an indignant and plaintive howl that filled the entire corridor. (12) “Lord, why am I here!” - I thought, looking at these people. (13) The pain awakened in my hand flared with redoubled force, my head began to spin. (14) It became unbearable to wait, I decided to act. (15) With a firm step, I approached the registration window and quietly but authoritatively knocked on the glass. (16) The plump woman looked at me over her glasses, I motioned for her to go out into the corridor. (17) When she came out, I handed her a coupon to the doctor and fifty rubles. - (18) I urgently need to see a surgeon. (19) Please arrange it! (20) The woman silently took my coupon and put the money in her robe pocket. - (21) Everyone move away from the doors, move away! - she grumbled and, passing through the crowd of people, like a knife through jelly, she entered the office. (22) A minute later she came out and nodded her head at me: - (23) They’ll call you now! (24) The children were crying, the light bulb, blinking due to power surges, splashed beams of yellow light, the smell of something stale and musty filled the lungs. (25) Suddenly, a boy in a blue blouse, who had escaped from the arms of his exhausted mother, buried himself at my feet. (26) I stroked his fluffy head, and the baby looked at me with trusting eyes. (27) I smiled. (28) The young mother sat him down. - (29) Be patient; little one, be patient, we'll be leaving soon! (ZO) The disabled man dropped his crutch and, helplessly moving his hands, tried to pick it up from the floor. (31) I closed my eyes. (32) The door swung open, and the nurse shouted loudly: - (ZZ) Nikitin, see you! (34) People shook their heads, asking who Nikitin was here. (35) I stood to the side without moving. - (36) Nikitin who? (37)Where is he? (38) The nurse shrugged her shoulders in bewilderment and said: - (39) Well, then, whoever is first in line, come in! (40) A young mother and her child rushed to the door. (41) I went to the window. (42) Sparse snow was falling, the darkened sky, like an ice-covered river, hung low above the ground, and pigeons flew through it. (43) A young mother and her baby came out of the doctor’s office, he looked at me and waved his bandaged hand at me. - (44) Nikitin hasn’t come yet? (45) Well, then the next one in line... (According to K. Akulinin) Which of the statements correspond to the content of the text? Please provide answer numbers. Enter the numbers in ascending order. 1) The hero of the story did not want to wait long and paid for the appointment out of turn. 2) All visitors began to be indignant at the disorder in the hospital. 3) The hero of the essay let the pregnant woman pass ahead. 4) The narrator realized that there are people whose suffering is no less than his own. 5) The boy’s mother thanked Nikitin. Task 21. Which of the following statements are true? List the answer numbers in ascending order. 1) Sentences 10-11 reveal the content of sentence 9. 2) Sentence 24 lists events occurring one after another. 3) Sentences 26-28 present the narrative. 4) Sentence 42 contains a descriptive fragment. 5) Proposition 7 is an argument. Task 22. Write out the phraseological unit from sentences 4-5. Among sentences 24-28, find one that connects with the previous one using a possessive pronoun. Write the number of this offer.
One of the main problems of the text proposed for analysis is, in my opinion, the problem of human indifference. And what is especially unnatural: medical workers, who by the nature of their profession should be merciful and humane people, turn out to be indifferent.
K. Akulinin talks about the situation in an ordinary district hospital. The author describes the queue in front of the surgeon's office. There are elderly disabled people, infants crying in the arms of mothers exhausted by waiting, elderly women stupefied from the stuffiness.
For some reason the doctor does not start the appointment. Time passes, exhausted people look with silent longing at the office door, but it does not open. Why? Most likely, because behind these doors sits a person who has long lost the ability to empathize and respond to the pain of other people. It is also obvious that this, so to speak, doctor gradually replaced his feelings with rationality and prudence. This is evidenced by the fact that Nikitin, the hero of the text, after delivering the bribe, was immediately called into the office out of turn. The problem that the author touches on is relevant and topical. Especially now. It is no secret that in our country hundreds of people die every year not from incurable diseases, but from the indifference of doctors. This problem concerns everyone, because no one is immune from the disease, and everyone can experience medical indifference by going to their clinic.
Let us recall the story of the heroine of Solzhenitsyn’s story “Matryonin’s Dvor”. Matryona, who has worked honestly on the collective farm all her life, cannot apply for a pension. She is sent from one office to another, as the writer writes, “they chased her from office to office for two months - now for a period, now for a comma.” And these trips were difficult for Matryona, and they were of little use: either there was no secretary in the village council, or there was a seal, or they signed the wrong piece of paper. Isn’t this an example of an indifferent, insensitive attitude towards people that has become the norm?
Is it possible to overcome indifference? Can. If every person in his place shows sincere participation in the destinies of the people who depend on him, this disease will disappear by itself.
Updated: 2018-01-31
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Useful material on the topic
- During a business trip, I slipped on an icy staircase and seriously injured my arm. (according to Akulinin) According to new criteria. (Should a person act according to his conscience in all situations?)
(1) During a business trip, I slipped on an icy staircase and seriously injured my hand. (2) My wrist was swollen, there was nothing to do: I had to go to see a surgeon. (3) So I, a resident of a large regional city, ended up in an ordinary district hospital. (4) For some reason, the doctor did not begin the appointment, and near the doors in the cramped corridor, lit by a weak light bulb, there was a real Babylonian pandemonium. (5) Who was there? (6) Elderly women, whose faces were flushed from the stuffiness, gloomy old men, high school girls, shrilly screaming that they will skip the queue, because they just need to get a stamp. (7) Infants cried in the arms of their mothers, exhausted by waiting, who rocked them tiredly and looked in silent anguish at the closed office door.
(8) Time passed, but the reception still did not begin. (9) And people’s patience ran out. (10) At first, some kind of dull murmur was heard, which, like a match to dry branches, ignited general discontent. (11) The children, as if on cue, began to cry in one voice, and it was no longer a murmur, but an indignant and plaintive howl that filled the entire corridor.
(12) “Lord, why am I here!” – I thought, looking at these people. (13) The pain awakened in my hand flared with redoubled force, my head began to spin. (14) It became unbearable to wait, I decided to act. (15) With a firm step, I approached the registration window and quietly but authoritatively knocked on the glass. (16) The plump woman looked at me over her glasses, I motioned for her to go out into the corridor. (17) When she came out, I handed her a coupon to the doctor and fifty rubles.
– (18) I urgently need to see a surgeon. (19) Please arrange it!
(20) The woman silently took my coupon and put the money in her robe pocket.
- (21) Everyone move away from the doors, move away! - she grumbled and, passing through the crowd of people, like a knife through jelly, she entered the office. (22) A minute later she came out and nodded her head at me:
- (23) They will call you now!
(24) The children were crying, the light bulb, blinking due to power surges, splashed beams of yellow light, the smell of something stale and musty filled the lungs. (25) Suddenly, a boy in a blue blouse, who had escaped from the arms of his exhausted mother, buried himself at my feet. (26) I stroked his fluffy head, and the baby looked at me with trusting eyes. (27) I smiled. (28) The young mother sat him down.
- (29) Be patient, little one, be patient, we’ll be leaving soon!
(30) The disabled man dropped his crutch and, helplessly moving his hands, tried to pick it up from the floor. (31) I closed my eyes. (32) The door swung open and the nurse shouted loudly:
- (33) Nikitin, see you!
(34) People shook their heads, asking who Nikitin was here. (35) I stood to the side without moving.
- (36) Nikitin who? (37)Where is he?
(38) The nurse shrugged her shoulders in bewilderment and said:
- (39) Well, then whoever is first in line, come in!
(40) A young mother and her child rushed to the door. (41) I went to the window. (42) Sparse snow was falling, the darkened sky, like an ice-covered river, hung low above the ground, and pigeons flew through it. (43) A young mother and her baby came out of the doctor’s office, he looked at me and waved his bandaged hand at me.
- (44) Nikitin hasn’t come up yet? (45) Well, then the next one in line...
(According to K. Akulinin)
Formulation of a task with a detailed answer
| Write an essay based on the text you read. Formulate and comment on one of the problems posed by the author of the text (avoid excessive quoting). Formulate position of the author (storyteller). Write whether you agree or disagree with the point of view of the author of the text you read. Explain why. Justify your answer, relying primarily on reading experience, as well as knowledge and life observations (the first two arguments are taken into account). The volume of the essay is at least 150 words. Work written without reference to the text read (not based on this text) is not graded. If the essay is a retelling or completely rewritten of the original text without any comments, then such work is scored zero points. Write an essay carefully, legible handwriting. |
