What are the rights of employees when traveling for work?

Workers need to be aware of their rights when traveling to work. Labor lawyer explains some points of attention so that managers and workers can act within the law.

When it comes to traveling for work, there are many questions about remuneration and expenses due to the displacement. For this reason, labor lawyer André Leonardo Couto , who heads the ALC Advogados office , explains some points established by the Consolidation of Labor Laws (CLT) so that both employees and employers pay attention to labor rights in these situations.

Rights when traveling on business

André Leonardo Couto highlights what the CLT determines about receiving overtime on trips.

The consolidation brings in its Art. 4th a very clear explanation on the subject:

' The period in which the employee is at the disposal of the employer, awaiting or carrying out orders, is considered as effective service, except for a special provision expressly stated'.

“Thus, the understanding of the Labor Court. regarding travel is that if the employee. has not carried out any activity outside his working period, that is, without exceeding. the journey provided for by the CLT, he will not receive anything other than the company that is hired”, explains the lawyer.

 “Within this legal context. an employee is only entitled. on a business trip. to receive overtime when. there is an establishment of workload. controlled by record, such as the traditional electronic point or a responsible person who will record this as documentary evidence. Thus, if there is a need for any work outside working hours, the employee must receive payment, which may even vary. On ordinary days, the value of the hour worked by the employee is + 50% and on holidays or days of paid rest, the value of the hour worked is + 100%” , he guides.

Another doubt that hovers over Brazilian workers concerns the reimbursement of expenses on corporate travel, and lawyer André Leonardo Couto stresses that not everything is reimbursable.

"Some companies have their refund policy. but it is up to them to explain. to the employee how it works. and it is necessary for them. to have common sense, as it is common to see people abusing corporate travel and submitting even alcoholic beverages for reimbursement", he warns.

Check out some refundable items:

• Transport (fuel per km driven, air or bus tickets, vehicle rental, travel via transport application, etc.);

• Accommodation;

• Food;

• Event tickets or registration;

• Printing and sending of documents;

• Travel insurance;

• Internet and phone roaming.

The lawyer directs the employee to document everything, demand invoices and receipts so that reimbursement is requested.

“There is nothing defined. in the law about the term. but since food. tickets. accommodation, among others. are indemnifying in nature, it is best to pay. I remind you that business trips are strategic investments to generate business opportunities, commercial relationships and customer loyalty for the company, so the path is to do the right thing. Now, if the employee is injured and does not receive it after the deadline stipulated by the company, he can look for a lawyer with all the proofs so that he can be. properly guided” , he concludes.

ALC Advogados

In the market for over 10 years, ALC Advogados is headquartered in the city of Pedro Leopoldo, in the Metropolitan Region of Belo Horizonte .

With operations and several successful cases, the business, headed by lawyer André Leonardo Couto, works mainly in the areas of Labor Law; pension; Civil and Real Estate; with clients in several states .

In 2020, the business became part of the ALC Group business group.