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Publication date: 28.05.2024
Business trip and "hospital": legal aspects
Introduction
Business trips are an integral part of the professional activities of many employees. During business trips, employees perform official duties outside the main place of work, which may include trips to other cities or even countries. However, sometimes unforeseen circumstances arise during a business trip, such as an employee's illness. In such cases, a question arises regarding the legal regulation of the situation when an employee is forced to take "sick leave" during a business trip. This article will consider the main legal aspects of such situations, in particular the procedure for actions of the employee and the employer, as well as the guarantees and compensations provided for by the legislation of Ukraine.
Main part
Legislative regulation
The issues of business trip and "hospital leave" are regulated by several normative legal acts, including the Labor Code of Ukraine (CLA), the Law of Ukraine "On Vacations", as well as by-laws such as the "Instructions on business trips within Ukraine and abroad". approved by the Order of the Ministry of Finance of Ukraine .
Procedure in case of illness during a business trip
Notifying the employer: In case of illness during a business trip, the employee must immediately notify the employer. This can be done by phone, e-mail or other available means of communication.
Obtaining medical care: The employee must contact a local medical institution to receive the necessary medical care and issue a sick leave (sick letter). The certificate of incapacity for work must be drawn up in accordance with the requirements of current legislation.
Providing sick leave: After returning from a business trip, the employee must provide the employer with a sick leave. If the employee is under treatment for a long time, he can send a copy of the sick letter by mail or e-mail, and provide the original after the completion of treatment.
Warranties and indemnities
According to the current legislation of Ukraine, an employee who fell ill during a business trip has the right to be paid sick leave on general grounds. This means that during the period of illness, confirmed by a duly issued sick letter, the employee receives payments at the expense of the Social Insurance Fund or the employer.
The main guarantees include:
Preservation of average earnings: The average earnings for the entire period of illness, including the period of business trip, are retained for the employee.
Payment of per diems: If an employee falls ill during a business trip, he is paid per diems for the entire time spent on a business trip, including sick days.
Compensation for medical expenses: If necessary, the employee can receive compensation for medical expenses, if it is stipulated by the collective agreement or other internal regulations of the enterprise. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Peculiarities of international business trips
In the case of international business trips, in addition to national legislation, norms of international law and national legislation of the countries where the employee is on a business trip may also be applied. The employee must familiarize himself with the local rules regarding receiving medical care and issuing sick leave. If necessary, the employer can provide the employee with advice or help in interaction with local medical institutions.
Conclusion
Business trip and "hospital" is an issue that needs clear legal regulation.
Business trips are an important part of many employees' professional activities, but even during business trips, unforeseen circumstances such as illness can occur. Ensuring adequate legal protection in such situations is a key task for both employees and their employers. Strict compliance with the legal norms and procedures provided for in the relevant legislative acts allows you to effectively resolve situations related to illness during a business trip. Guarantees and compensation provided by law provide social protection for employees in case of illness, and also contribute to maintaining their financial condition. In the case of international business trips, it is also important to consider the legal norms and requirements of the countries where the trip takes place. Only a systematic approach to solving these issues ensures the effective functioning of detachment teams and ensures the protection of the rights and interests of all parties.
