Working time of employees posted on a business trip
JUDr. Viktor KRIŽAN
Posting of workers to a Member State of the European Union und er the law of the
Slovak Republic may b e realised by the institute of business trip, the temporary assignment
of employees to another employer, or agreed place of work abroad. Using the institution of
the business trip opens up many application problems. The author is in his paper focused
on selected application problems of the business trip, relating to wor king time, particularly
when considering working time on a b usiness trip as well as continuous rest after returning
from a business trip, respectively at the end performed work.
Keywords: business trip, wor king time, daily rest, Labour Code, Act on Travel
Allowances, Directive 2003/88/EC.
JEL Classification: K31
1. Business trip in the legislation of the Slovak Republic
The Slovak legal system does not solve the posting of employees by
independent institute; posting is carried out by other institutes through which can
be treated with a temporary place of employment. It is an institute of business trip,
the temporary assignment of employees to perform work for another employer or
agreed place of work abroad.
Every performance of work abroad must be considered as a business trip
according to the section 57 of the Act no. 311/2001 Coll., the Labour Code, as
amended (hereinafter the "Labour Code").
This is the reason of very frequent use
of this institute. But despite being one of the most important means of changing the
content of the employment contract, the Labour Code does not contain a precise
definition of this term. According Barancová
business trip can be defined as a
time-limited change of agreed place of work (or regular workplace) in the
employment contract. Other definition of business trip is contained in the Act no.
283/2002 Coll., on Travel Allowances, as amended (hereinafter as the “Act on
Travel Allowances”). This Act regulates provision of compensation of expenses
incurred during business trips, both for employees or appointed persons who act
based on agreements other than the employment contract, persons who are
members of company‟s bodies (such as the statutory), etc. According to this Act
business trip is time from the onset of the employee travel to place other than his
regular workplace, including the performance of work in that place until the end of
this journey. A business trip under the Act on Travel Allowances is also journey
Viktor Križan - ResearcherID N-2209-2015, Department of Labour Law and Social Security Law,
Faculty of Law, University of Trnava, Trnava, Slovak Republic, firstname.lastname@example.org .
Highest Court decision No. 7Sžso/39/2010.
Barancová, H.: Zákonník práce. Komentár. 4 ed., Bratislava: C. H, Beck, 2015, p. 507.