Everything you need to know about business travel rules
Business travel is a tool for growth that contributes to the development and humanisation of companies.
So, while we are evolving in an increasingly dematerialised world, where virtual communication is child's play, human contact and on-site intervention are sometimes indispensable. ☝️
One day we will be able to teleport with a good wifi connection... In the meantime, here is a guide to business travel, with the regulations you need to be aware of and methods to optimise... digital management.
Enjoy your trip! 🚗
Let's go over the basics of business travel
What is known as business travel?
Also known as a business trip, a business trip involves carrying out a professional activity, individually or in a group, away from the usual place of work or home.
The duration of a business trip varies. It can take place during the course of a working day, but if it lasts longer than 24 hours, it is often referred to as a business trip.
💡 Attention: business trips abroad are limited to:
- less than 90 consecutive days ;
- less than 180 days per year.
Otherwise, the trip is no longer an assignment abroad, but an expatriation or secondment.
Which means of transport should I choose for my business trip?
It is up to the employer to determine the means of transport used for business trips. However, it must be compatible with the employee's state of health.
For example, if the employee is physically unable to take the plane, a medical certificate must be provided.
💡 Furthermore, the employer is not entitled to require the employee to use his or her personal vehicle. In any case, the employer is responsible for the employee's safety and must ensure it, irrespective of the means of transport chosen.
Is it possible to refuse a business trip?
In general cases
Some activities involve the need to travel on a more or less regular basis. Therefore, the employee cannot refuse to travel on the pretext that there is nothing stipulated in the employment contract.
However, if there is a posting clause, specifying the geographical area concerned, and the employer's request is outside that area, the employee is entitled to refuse.
Similarly, if the clause does not specify a geographical area, it is not legal.
In case of sedentary activity
In the case of sedentary professional activities, the request for an exceptional posting does not constitute a modification of the employment contract. It may be refused for personal reasons (dependent person), but the refusal must be justified.
Otherwise, the refusal is considered an act of insubordination punishable by disciplinary measures, if the company cannot find alternative solutions and suffers a loss as a result.
☝️ Long journeys cannot be grounds for refusal if the tasks assigned are part of the normal performance of the employee's duties.
Is the journey between home and work considered commuting?
Is commuting time working time? According to Article L3121-1 of the French Labour Code, "actual working time is the time during which the employee is at the disposal of the employer and carries out his instructions without being free to pursue his personal interests".
Thus, the time spent travelling from home to the usual place of work, whatever the distance, does not constitute actual working time.
Similarly, a commute from home to a non-habitual place of work does not give rise to any entitlement to compensation if it does not exceed the normal commuting time between home and work.
Find out everything you need to know in this video!
The question of travel in the employment contract
Many people are familiar with the cautious phrase "the employee may be required to travel for professional reasons in the performance of his or her duties".
However, the employment contract does not have to stipulate travel . The law considers that, without a specific clause, the employee's agreement to travel is tacit if the company needs it.
However, for both parties, if regular travel is foreseen, it is preferable to delimit the geographical scope of the trips and the conditions (duration, frequency), by means of an occupational mobility clause. 🧳
In addition, for the sake of transparency and good internal communication, instructions concerning business travel should be compiled on a medium accessible to employees and include a reminder of
- preferred means of transport ;
- the person in charge of managing travel
- the basis and deadlines for reimbursement
- the supporting documents to be submitted
- administrative channels to be followed, etc.
How are hours worked on the road counted? Rules imposed on companies
Cases in which expenses are covered and reimbursed
As we have seen above, journeys between home and place of work do not count as business travel.
☝️ However, it should be noted that :
- for mobile workers, the Court of Justice of the European Union (CJEU) considers that the time spent travelling between home and the first client, and between the last client and home, must be counted as working time, for the sole purpose of calculating the minimum rest period between two working days;
- time spent travelling from one place of work to another, for example between two clients, is regarded as actual working time;
- during a business trip, time spent on transport (plane, train, carpooling, etc.), including stopovers and waiting for boarding, is considered as actual working time. In practice, the salary is simply maintained and cannot be reduced;
- in the case of travel outside normal working hours, where the worker has to stay overnight in a hotel, this working time is sometimes referred to as effective non-productive working time. Not only are expenses covered, but the employee may also be compensated, for example with a lump sum per day or time off in lieu of time off. To find out, it is important to consult collective and company agreements;
- for on-call staff, especially in the construction and public works sector, travel time from home during exceptional operations must be counted and paid as actual working time;
- as regards commuting between the company and the workplace, it is actual working time if the worker has to go to the company before going to the workplace.
Compensation for business travel
In general...
Employers are obliged to reimburse business travel expenses, up to the limit of strictly necessary expenses, explained to the employee beforehand, such as :
- transport costs
- accommodation expenses
- meal expenses.
If the employee is responsible for booking his/her own travel, the employer will indicate if there are limits. For example, coverage limited to 2nd class for the train (the employee is free to opt for class 1ʳᵉ and pay the difference), a predefined takeaway package, etc.
But in no case can there be differences in treatment between employees.
Employees also have duties: they must be able to justify their expenses and, to this end, they must keep all documents enabling them to be reimbursed.
☝️ According to the collective agreement, business trips outside normal working days and hours, Sundays or public holidays entitle employees to additional compensation.
What about compensation for long-distance travel?
According to the URSSAF, long-distance comm uting "is characterised by the impossibility for the worker to return home daily because of his or her working conditions".
A long-distance allowance may therefore be paid to compensate for the additional costs of food and accommodation (amounts 2022):
- 19.40 per meal ;
- 69.50 per day for bed and breakfast in Paris and surroundings;
- 51.60 per day for bed and breakfast in the provinces.
☝️ The daily subsistence allowance for business expenses is exempt from social security contributions up to the limit of the above-mentioned expenses.
Calculation of mileage allowances
There are several methods of reimbursement and payment:
- on a flat-rate basis ;
- on an actual basis (according to the URSSAF mileage scale).
To simplify the management of business travel and to avoid the accumulation of expense claims, payment cards can be used. For example, fuel cards are available for petrol expenses.
Business travel management
Who organises business travel management?
Also known as business travel management, business travel management falls to the travel manager, who manages all of a company's travel and trips, in 23% of companies in 2018.
In the rest, it is the Finance department in 28% of cases, Procurement (24%), HR (15%) or others (10%).
Travel management includes the organisation, booking and payment of travel, including :
- the definition of a corporate travel policy (CTP ) ;
- administrative and accounting management (charging, processing, checking of expense claims and supporting documents, reimbursement)
- fleet management, if necessary
- keeping travel logs
- comparison of service offers (transport, baggage allowance, accommodation)
- Management of travel-related risks ;
- carrying out formalities such as visas, insurance, etc.
6 software packages for easy expense management
Strengths and benefits of expense management software
It is difficult to grasp the complexity of the regulations in force, the specificities of each sector of activity and the legal grey areas. Between tolerance, case law and exceptions, we recommend that you consult an expert in employment law, both for drafting contracts and for answering specific questions about business travel.
We also recommend that you equip yourself with an expense management tool , the idea being to save time and comply with legal provisions as far as possible.
☁️ In the cloud, in SaaS mode, they have the advantage of being up to date with the latest regulations and of being able to incorporate the specificities of collective agreements and the company's travel policy, if it exists. Above all, they can be accessed from anywhere, which makes them very practical when on the move.
Which software to choose?
Here are 6 software you can try:
- ⚒️ Expensya ▷ Digitise and automate your entire business expense process. Avoid error-prone manual data entry by replacing paper with the digital file with evidential value, and integrate your data with your accounting, payroll or ERP software.
- ⚒️ Kizeo Forms ▷ Benefits? The collection of information is not only dematerialised, but can also be completely configured from the moment the form is created, with the selection of the mandatory fields to be filled in.
- ⚒️ Rydoo ▷ Also equipped with optical character recognition technology, the editor offers traditional expense report management with Rydoo Expense, as well as business travel management with Rydoo Travel.
- ⚒️ Silae Expense ▷ Its strengths? Learning artificial intelligence that optimises the tool, a digital safe with probative value in case of audit and an ecosystem of connectors to an ERP-type solution.
- ⚒️ Skipr ▷ Manage all your business trips with simplicity and flexibility, from planning to payment. This innovative and eco-responsible solution reduces your administrative workload and becomes your employees' ally.
- ⚒️ Soldo ▷ A true turnkey solution for managing travel expenses. With its SaaS platform, its mobile application and its range of physical or virtual cards or fuel cards, it is ideal for SMEs and SMBs wishing to increase efficiency in processing their expenses and track all their transactions in real time.
3 software packages to prepare your business trips and anticipate your expenses
- ⚒️ Bolt Business ▷ Plan your teams' business trips and keep them under control with customised spending limits. Track trips in real time and benefit from simplified monthly invoicing. No need to manage expense claims after the trip! Everything simplified, within your budget and integrated into your accounting.
- ⚒️ Mooncard ▷ Mooncard goes further by offering a software interface for financial and accounting management and analysis, as well as (and above all!) a configurable payment card and fuel card. So there is no longer any need to manage expense claims. Finance teams save time and control their treasury.
- ⚒️ Navan ▷ a must-have solution for any company wishing to optimise its business travel management, thanks to: simplified bookings, automated expense management and an overview of business travel.
What do we need to know about business travel?
As you may have noticed, the laws governing business travel are quite clear when it comes to obligations. You need to know what is involved in order to make the best possible provision for the various compensation and reimbursement arrangements, otherwise compliance with the legislation cannot be guaranteed.
Using the right software can help you organise and manage this process as efficiently as possible. It is the key to compliance.
You've reached your destination! 🚖
Article translated from Spanish