An employee refusing to go on a business trip (delegacja) is a contentious topic in Polish labour law. Situations where the employer instructs an employee to travel for work and the employee refuses to follow the instruction require careful analysis of the law and of the circumstances of the specific case. The issue becomes especially important during the notice period, when relations between the parties to the employment contract may be tense.
Labour law clearly sets out the employee's duties towards the employer, but at the same time protects workers against unjustified demands and gives them certain rights. Knowing these rules is essential both for employers planning business trips and for employees who want to know their rights and obligations related to business travel. Business trips also raise the issue of an employee who fails to account for money received — we describe it in our article on an unsettled business trip advance.
Under Article 100 § 1 of the Labour Code (Kodeks pracy), an employee must follow superiors' instructions concerning work, provided they are not contrary to the law or the employment contract. An instruction to go on a business trip is a task the employee should carry out as part of their work duties
Definition of a business trip under the Labour Code
The first step in analysing business trips is to understand the definition of a business trip in Polish labour law. Under Article 77⁵ § 1 of the Labour Code, a business trip means performing, on the employer's instruction, a work task outside the town where the employer has its registered office or outside the regular place of work.
In its judgment of 22 February 2008, case no. I PK 208/07, the Supreme Court precisely defined the characteristic features of a business trip, stating that it must meet three basic conditions that occur together. The first is travelling outside the town where the employer has its registered office or outside the regular place of work. The second is that the employer must give an instruction, which means the initiative for the trip must come from the management side. The third concerns the purpose of the trip, which is to carry out a task specified by the employer.
All three features of a business trip must occur together for a journey to count as a business trip within the meaning of labour law. If any of these conditions is missing, it is not a business trip in the legal sense
The law does not set a minimum or maximum duration for a business trip, which means it can last a few hours or several months. In legal practice, reference is often made to Article 42 § 4 of the Labour Code, which provides that a notice changing the existing terms of work or pay is not required where, in cases justified by the employer's needs, the employee is given work other than that specified in the employment contract for a period not exceeding 3 months in a calendar year, provided this does not reduce their pay and matches their qualifications.
The duty to follow the employer's instructions
The basic duty of an employee arising from the employment relationship is to follow superiors' instructions concerning work. Article 100 § 1 of the Labour Code requires employees to follow superiors' instructions, with the reservation that these instructions must not be contrary to the law or the employment contract.
An instruction to go on a business trip falls within the tasks the employee should carry out as part of their work duties. Refusing to take part in a business trip without legally justified reasons may be treated as a breach of basic duties under the employment contract and may result in disciplinary or order-related liability for the employee.
Refusing to take part in a business trip without objective justification may result in a reprimand or a formal reprimand for the employee under Article 108 § 1 of the Labour Code. In extreme cases, the employer may also terminate the employee's contract without notice
An employer whose employee has refused a business trip without grounds has several legal tools available. It may apply order-related liability by giving the employee a reprimand or a formal reprimand. In particularly serious cases, where the refusal is a gross breach of basic employee duties, the employer may also terminate the employment contract without notice, i.e. a disciplinary dismissal under Article 52 § 1 of the Labour Code. We discuss the reverse situation, where it is the employer who says no, in our article on refusing leave on demand.
Justified refusal of a business trip
Labour law provides for specific situations in which an employee may justifiably refuse to go on a business trip. The Labour Code protects particular groups of workers who should not be sent on business trips or who may refuse a business trip without negative consequences.
The first group is persons with disabilities who have mobility problems. The Labour Code does not contain a separate provision on this, but an instruction to travel given to such an employee may be considered contrary to the principles of social coexistence (Article 8 of the Labour Code), and refusing the business trip should not have any negative consequences for the employee.
Pregnant women and employees raising a child until the child turns 8 (since 26 April 2023; previously – up to the age of 4) may go on a business trip only if they consent to it, under Article 178 § 1 and § 2 of the Labour Code. Not following the employer's instruction to go on a business trip cannot have any negative effects for these employees
Special rights of pregnant women
Pregnant women have special protection with regard to business trips. Article 178 § 1 of the Labour Code provides that a pregnant employee may not be sent outside her regular place of work without her consent – so she may refuse to take part in a business trip without giving reasons and without fear of negative consequences from the employer. This right is absolute and is not subject to any time or substantive limits.
Protection of employees caring for young children
Employees raising a child until the child turns 8 may also refuse to take part in a business trip. Article 178 § 2 of the Labour Code provides that such an employee may not be sent outside their regular place of work without their consent; in practice, employers ask for a statement on whether the employee consents to such trips. Other rules protect parents too, including those on notice during parental leave.
An important feature of this right is its flexibility. Consent to business travel can be withdrawn at any time, and a statement made does not limit the right to refuse. This means the employee may agree to just one business trip, or refuse a specific business trip despite having previously agreed to such travel.
When a child is cared for by two parents who both work under employment contracts, only one of them may refuse a business trip because of caring for the child. This follows from Article 189¹ of the Labour Code and applies both when the parents work for the same employer and when they work for different companies
Procedure for statements on business trips
Employees raising children until they turn 8 in practice inform the employer of their decision on taking part in business trips, because a business trip without their consent is not allowed. This procedure is meant to allow the employer to plan business travel taking into account the limits arising from employees' family situations.
The statement may be general, covering all future business trips, or may relate to a specific trip. The employee has the right to change their decision at any time, which means they can withdraw previously given consent to business trips or agree to a specific trip despite having refused earlier.
Examples of how the rules apply in practice
Practice shows a variety of situations in which employees may use the right to refuse a business trip. If an employee caring for a 2-year-old child has previously given consent to business trips, but at the time of the planned trip the child falls ill and only the mother can care for them, refusing the business trip is fully justified and should not lead to any consequences.
The right to refuse a business trip is not affected by the situation of the other parent, including whether they run a business, are on parental leave (urlop wychowawczy) or are unemployed. It also does not matter whether the child attends a nursery or kindergarten
Business trips during the COVID-19 pandemic
The coronavirus pandemic significantly affected the possibility of business travel and introduced new circumstances justifying refusal of a business trip. The state of epidemic threat in Poland was lifted with effect from 1 July 2023, but the rules described below follow from the general occupational health and safety provisions of the Labour Code, so they remain relevant for other epidemic threats as well.
If the employer instructs an employee to travel to areas affected by coronavirus, the employee has the right not to consent to the business trip because of a direct threat to their life or health and the risk of spreading the disease in the country. The legal basis for such a refusal is Article 210 § 1 of the Labour Code, which provides that where working conditions do not comply with occupational health and safety rules and pose a direct threat to the employee's health or life, or where the work performed by the employee poses such a danger to other people, the employee has the right to refrain from work, notifying their superior without delay.
When deciding on travel during a pandemic, the parties should follow the recommendations and announcements of the competent state authorities, in particular the State Sanitary Inspection, the Ministry of Health and the Ministry of Foreign Affairs
Employer's obligations during a pandemic
If an employee decides to travel to areas affected by an epidemic, the employer has special safety obligations. It must assess the risk of the trip and provide the employee with measures that reduce the risk of infection. It should also take action to minimise any risk to other employees after the travelling employee returns.
Reimbursement of business trip costs
An employee who goes on a business trip on the employer's instruction is entitled to reimbursement of costs under the Labour Code. The reimbursement system is meant to ensure that the employee does not bear the financial consequences of performing work duties outside their regular place of work.
The list of reimbursable costs covers several basic categories of expenses. The first is per diem allowances, i.e. cash payments meant to cover the cost of meals during the business trip. The second category is accommodation costs, which cover expenses for staying at the destination of the business trip.
Reimbursement also covers the cost of travel to and from the destination and other necessary, documented expenses specified or accepted by the employer. Employers outside the public budget sector set the reimbursement terms in a collective agreement, remuneration rules or the employment contract (Article 77⁵ § 3 of the Labour Code)
Documenting business trip costs
Documenting business trip costs properly is essential for getting expenses reimbursed. The employee should collect all invoices, bills and tickets related to the business trip. The employer may require the relevant documents confirming the expenses before reimbursing the costs. We keep payroll, contracts and personnel files for clients as part of our HR and payroll services.
Procedures for employee business trips
Organising business travel requires following certain procedures that ensure the business trip is carried out properly and protect the rights of both the employee and the employer. The process has several stages, from issuing the business trip instruction to settling the costs after returning.
- Issuing a written instruction specifying the purpose, place and duration of the business trip
- Informing the employee of the benefits they are entitled to and the rules for settling costs
- Providing the employee with the funds needed to cover the costs of the business trip
- Carrying out the business trip in line with the instruction issued
- Settling the business trip costs after the employee returns
Business trip documentation
Proper documentation of a business trip is necessary both from the point of view of labour law and tax law. The employer should keep records of all business trips, and the employee submits documents confirming the costs incurred and – if the employer's internal rules require it – a report on the work tasks performed.
| Type of document | Issued by | When | Notes |
|---|---|---|---|
| Business trip instruction | Employer | Before the trip | Sets out the purpose and scope of the trip |
| Business trip report | Employee | After returning | Describes the tasks performed |
| Cost documents | Various entities | During the trip | Invoices, tickets, bills |
| Business trip settlement | Employer | After returning | Reimbursement of costs to the employee |
Legal consequences of refusing a business trip
An employee's refusal to go on a business trip can have various legal consequences, depending on whether the refusal was justified by law or was an unjustified breach of employee duties. The employer has several legal tools it can use when an employee does not follow a work instruction.
If an employee refuses a business trip without justification, the employer may apply order-related liability. Under Article 108 § 1 of the Labour Code, it may give the employee a reprimand or a formal reprimand. These penalties are disciplinary in nature and are recorded in the employee's personnel file – after a year of impeccable work, the penalty is considered void and the copy of the notice is removed from the file (Article 113 § 1 of the Labour Code).
In extreme cases, where refusing a business trip is a gross breach of basic employee duties, the employer may terminate the employment contract without notice under Article 52 § 1 of the Labour Code. Such a disciplinary dismissal has serious consequences for the employee
Protection against unjustified sanctions
Employees belonging to groups protected by labour law cannot suffer negative consequences of refusing a business trip if they exercised their rights lawfully. This applies to pregnant women, parents of children until they turn 8 and persons with disabilities who have mobility problems.
A pregnant employee was instructed to go on a week-long business trip to a distant city. Because of her health and medical advice, she refused to take part in the business trip. The employer cannot impose any penalties or negative consequences on her, because she exercised her right to refuse the business trip.
Resolving disputes about business trips
In disputes between the employer and the employee about the duty to go on a business trip, the parties can use various forms of conflict resolution. The first step should always be to clarify the matter internally and try to reach an agreement within the workplace.
If direct talks do not bring results, the employee may turn to the trade unions operating in the workplace or seek legal assistance. In disputed cases concerning the interpretation of labour law, it is worth getting the opinion of labour law specialists.
- Direct talks with the line manager or HR department
- Mediation with trade union representatives
- Consultation with a lawyer specialising in labour law
- A complaint to PIP (National Labour Inspectorate) if the law has been breached
- Proceedings before a labour court as a last resort
Role of the National Labour Inspectorate
PIP plays an important role in monitoring compliance with the rules on employee business trips. Labour inspectors can carry out inspections at workplaces and examine cases of potential breaches of employee rights related to business travel.
