Refusing a business trip: When an employee is entitled to decline travel under the Labor Code

When sending an employee on a business trip to another area for work-related matters—in other words, on a business trip—it’s important to remember that sometimes the employee has the right to refuse. For instance, if the subordinate agrees to go on the business trip despite having legitimate grounds to refuse, the trip is considered voluntary. For those employees without grounds for refusal, it becomes a mandatory business trip under the Labor Code. We break down the nuances. And for organizing business trips, use the TravelHub service.

Can You Refuse a Business Trip?

According to Article 263 of the Labor Code of the Republic of Belarus, a pregnant woman cannot be sent on a business trip. It is also prohibited to send employees who are on parental leave or on sick leave.

Certain categories of employees can be sent on a business trip provided they give their written, voluntary consent to do so:

• Women (Article 263), single fathers, and guardians (Article 271) who are raising children under the age of fourteen;
• Women, single fathers, and guardians with children with disabilities under the age of eighteen;
• Persons with disabilities (Article 287).

Also, under Article 93, if you plan to send an employee on a business trip lasting more than 30 calendar days, you must obtain their consent. And for booking everything you need, use the business trip organization service TravelHub.

How to Submit a Refusal?

If an employee has the right to refuse a business trip, they must submit a written request. This request should include the name and title of their supervisor, the employee’s own name and position, the reason for the refusal, and the date of the intended trip.

The request must be accompanied by documents that confirm the right to refuse the trip—for example, a copy of the child’s birth certificate or a certificate of disability. This must be done prior to the scheduled departure date, immediately after reviewing the business trip order. The employer is then obliged to cancel the trip order.

What Can the Employer Not Demand?

An employer does not have the right to force an employee or threaten disciplinary action for refusing a business trip when the employee has legitimate grounds for refusal. The following are prohibited:

• Threats of dismissal or penalties;
• Coercion without exception;
• Threats to cancel vacation;
• Demands to work overtime.

If consent has been obtained and no one’s rights have been violated, you can proceed with searching for a hotel for the business trip.

What to Do if the Employer Insists?

If your employer sends you on a business trip without your consent or ignores your written refusal—which you are legally entitled to—a call should be made to the regional Labor Inspectorate Department.

You can:

• Submit a written inquiry via courier or mail (a sample is available on the website).
• Visit the department’s office in person and submit your request there;
• Submit an electronic inquiry through the dedicated portal.

Any violation of an employee’s rights by the supervisor will be determined in court.