THE LEGAL NATURE OF BUSINESS ASSIGNMENT WHEN EMPLOYEE IS SENT ON BUSINESS TRIP

The assignment on business trips is a common form of labor organization for employees. Labor legislation defines in sufficient detail the basic guarantees and compensations provided to employees in connection with sending them on business trips. However, the form of work organization through business trips itself, the conditions and limits of its application are practically not regulated by normative acts. Business trips as such are considered by the legislator only in the context of establishing the grounds for providing employees with guarantees and compensations. Questions about the purpose of business trips and its duration, about the types of work that employees are assigned to perform during a business trip are determined by the legislator by referring to the existence of the employer’s work assignment. The legal nature of the business assignment is not disclosed. Lack of legal regulation of these issues leads to the fact that the rights and obligations of the parties of labor relations are determined differently, depending on how the subjects of the implementation of legal norms understand the legal nature of work assignment. The article deals with the approaches formed in science and practice to determine the legal nature of official assignment. Analysis of these approaches is carried out through the prism of their compliance with that system of rules, which are formulated by the legislator. That makes it possible to denote the most likely substantive approach of the legislator to determine the legal nature of the service order, as well as to identify its shortcomings and internal contradictions.