GAPS IN THE LEGAL REGULATION OF BUSINESS TRIPS IN LABOUR LAW of THE RUSSIAN FEDERATION

The author studies the totality of norms of labour law regulating the business trip. Existing gaps in legal regulation are highlighted, as well as author’s solutions to existing problems are given. In particular, the author considers cases in which an employee’s assignment will be considered as a business trip. Particular attention is paid to the mode of work of a seconded worker, since the lack of regulation of this issue generates a huge number of problems in practice. Equally important in this paper is the consideration of issues of payment for weekends and public holidays during which an employee performs a business trip, as in this regard the legislation enshrines two procedures for payment of the relevant days. The issues of second job posting of employees are also examined, since there is no normative regulation of the period of time when an employee is sent on a second job at the main place of work or at a second job. There is also a gap in regulation of secondment of an employee performing the job function for a second job under only one employment contract (either under the main contract or under a second job), because the law refers to keeping the average earnings with one or both employers, while an internal second job holder has several employment contracts with one employer.