Everything you need to know about the rules governing business travel
Business travel is a growth tool that contributes to the development and humanisation of companies.
So, while we are certainly evolving in an increasingly dematerialised world, where virtual communication is child's play, human contact and on-site intervention are sometimes essential. ☝️
One day, we may be able to teleport ourselves with a good wifi connection... In the meantime, here's a guide to business travel, with the regulations you need to know about and methods for optimising... digital management.
Enjoy your trip! 🚗
Let's go back over the basics of business travel
What is a so-called business trip?
Also known as business travel, a business trip involves a professional activity being carried out, either individually or in a group, away from the usual place of work or home.
The duration of a business trip varies. It can be carried out over the course of a working day, but if it extends over more than 24 hours, it is often referred to as a business trip.
💡 Please note: business travel abroad is limited to:
- less than 90 consecutive days ;
- less than 180 days per year.
If this is not the case, the trip is no longer an assignment abroad, but an expatriation or secondment.
Which means of transport should I choose for my business trip?
👉 It is up to the employer to determine the means of transport used for business travel. However, it must be compatible with the employee's state of health.
For example, if the employee is not physically able to take the plane, a medical certificate must be provided.
💡 Furthermore, the company does not have the right to require the employee to use his or her personal vehicle. In all cases, the company is responsible for the employee's safety and must ensure this, regardless of the mode of transport chosen.
Can a business trip be refused?
In general cases
Some activities imply the need to travel on a more or less regular basis. The employee cannot therefore refuse to travel on the pretext that nothing is stipulated in the employment contract.
However, if there is a travel clause, specifying the geographical area concerned, and the employer's request is outside that area, the employee is entitled to refuse.
Similarly, if the clause does not specify a geographical area, it is not lawful.
In the case of a sedentary activity
For sedentary professional activities, a request for exceptional travel does not constitute a change to the employment contract. It may be refused for personal reasons (dependent person), but the refusal must be justified.
Otherwise, the refusal is considered an act of insubordination punishable by disciplinary action if the company is unable to find alternative solutions and suffers prejudice as a result.
☝️ Long periods of travel cannot be grounds for refusal if the tasks assigned are part of the normal performance of the employee's duties.
Is the journey between home and work considered to be a business trip?
Is commuting time working time? According to Article L3121-1 of the French Labour Code, "Effective working time is the time during which the employee is at the employer's disposal and complies with the employer's instructions without being free to pursue personal interests".
👉 Thus, travelling time from home to the usual place of work, whatever the distance, is not effective working time.
Similarly, a business trip from home to an unusual workplace does not give entitlement to any compensation if it does not exceed the normal travel time between home and work.
🎬 Find out everything you need to know in this video!
The question of travel arrangements in the employment contract
Many people are familiar with this cautious phrase: "the employee may be required to travel on business in the course of his or her duties".
But travel arrangements do not have to be stipulated in the employment contract. The law considers that, in the absence of a specific clause, the employee's agreement to travel is tacit in the event of the company's needs.
However, for both parties, if regular travel is to be expected, it is preferable to delimit the geographical scope of travel and the conditions (duration, frequency), by means of a professional mobility clause. 🧳
In addition, instructions on business travel should be compiled on a medium accessible to employees, in the interests of transparency and good internal communication, and should include a reminder of:
- the preferred modes of transport ;
- the person in charge of managing travel
- the bases and deadlines for reimbursement
- the supporting documents to be produced
- the administrative channels to be followed, etc.
How do you count hours worked on the road? Rules imposed on companies
Cases where expenses are covered and reimbursed
As we saw earlier, journeys between home and work do not count as business travel.
☝️ However, it should be noted that :
- for itinerant employees, the Court of Justice of the European Union (CJEU) considers that travel time between their home and the first customer, and between the last customer and their home, must be counted as working time, for the sole purpose of calculating the minimum rest period between two working days;
- the time spent travelling from one place of work to another, for example between two customers, is treated as actual working time;
- during a business trip, the time spent in transport (planes, trains, car pooling, etc.), including stopovers and waiting to board, is treated as actual working time. In practice, the salary is simply maintained and cannot be reduced;
- for travel outside normal working hours, where the employee has to spend the night in a hotel, this working time is sometimes referred to as actual non-productive working time. Not only are expenses covered, but the employee may also be compensated, for example with a lump sum per day or time off in lieu. To find out, it is important to consult company and collective agreements;
- for on-call staff, particularly in the building and public works sector, travel time from home during exceptional interventions must be counted and paid as actual working time;
- as regards the daily commute between the company and the worksite, this is actual working time if the employee is required to go to the company before going to the worksite.
Compensation for business travel
In general...
Employers are obliged to reimburse business travel expenses, up to the limit of strictly necessary expenses, explained to the employee in advance, such as :
- transport costs
- accommodation costs
- meal expenses.
If the employee is responsible for booking his or her own travel, the employer will tell the employee whether there are any limits. For example, coverage limited to 2nd class for the train (the employee is free to opt for 1ʳᵉ class and pay the difference), a predefined packed lunch package, etc.
But under no circumstances can there be any difference in treatment between employees.
Employees also have duties: they must be able to justify their expenses and, to this end, they must keep all the documents that will enable them to be reimbursed.
☝️ According to the collective agreement, business travel outside normal working days and hours, on Sundays or public holidays, entitles employees to additional compensation.
And what about the long-distance allowance?
According to URSSAF, long-distance travel is "characterised by the impossibility for an employee to return home every day because of his working conditions".
A long-distance allowance may therefore be paid to compensate for additional meal and accommodation expenses (amounts 2022):
- 19.40 per meal ;
- 69.50 per day for accommodation and breakfast in Paris and the surrounding area;
- 51.60 per day for accommodation and breakfast in the provinces.
☝️ Lump-sum allowances for professional expenses are exempt from social security contributions up to the limit of the expenses set out above.
Calculating mileage allowances
There are several methods of reimbursement and payment:
- flat-rate ;
- on an actual basis (according to the URSSAF mileage scale).
💡 To simplify the management of business travel and avoid the accumulation of expense claims, payment cards can be used. For example, there are fuel cards for petrol costs.
Managing business travel
Who organises business travel management?
Also known as business travel management, business travel management falls to the travel manager, who manages all of a company's travel and trips, in 23% of companies in 2018.
For the others, it is the Finance department in 28% of cases, the Purchasing department (24%), HR (15%) or other (10%).
Travel management includes organising, booking and paying for travel, including :
- defining a company travel policy (PVE) ;
- administrative and accounting management (collection, processing, checking of expense claims and supporting documents, reimbursement);
- fleet management, where applicable
- keeping travel logs ;
- comparing service offers (transport, baggage allowance, accommodation);
- managing travel-related risks ;
- taking out formalities such as visas, insurance, etc.
6 software packages for easy expense management
The strengths and advantages of expense claim software
It's hard to get your head around the complexity of the regulations in force, the specificities of each business sector, and the legal grey areas. Between tolerance, case law and exceptions, we recommend that you consult an expert in employment law, both for drafting contracts and for answering specific questions about business travel.
We also recommend that you equip yourself with an expense management tool , the idea being to save time and comply as closely as possible with legal provisions.
☁️ In the cloud, in SaaS mode, they have the advantage of being up to date with the latest regulations and of being able to incorporate the specifics of collective agreements and the company's travel policy, if there is one. Above all, they can be accessed from anywhere, making them very practical when you're on the move.
Which software should you choose?
Here are 6 software packages to try out:
- ⚒️ Expensya ▷ Digitalise and automate the entire business expenses process. Avoid error-prone manual data entry by replacing paper with digital archiving with probative value, and integrate your data with your accounting, payroll or ERP software.
- ⚒️ Kizeo Forms ▷ Benefits? Information gathering is not only dematerialised, but can also be fully configured from the moment the form is created, with the selection of mandatory fields to be filled in.
- ⚒️ Rydoo ▷ Also equipped with Optical Character Recognition technology, the publisher offers traditional expense report management with Rydoo Expense, as well as business travel management with Rydoo Travel.
- ⚒️ Silae Expense ▷ Its strengths? Learning artificial intelligence that optimises the tool, a digital safe with evidential value in the event of an audit and an ecosystem of connectors to an ERP-type solution.
- ⚒️ Skipr ▷ Manage all your business travel with simplicity and flexibility, from planning to payment. This innovative, eco-responsible solution reduces your administrative workload and becomes your employees' ally.
- ⚒️ Soldo ▷ A genuine turnkey solution for managing travel expenses. With its SaaS platform, mobile application and range of physical or virtual cards or fuel, it is ideal for SMEs and SMBs that want to increase efficiency in processing their expenses and track all their transactions in real time.
3 software packages to prepare your business trips and anticipate your expenses
- ⚒️ Bolt Business ▷ Plan your teams' business trips and keep them under control with personalised spending limits. Track journeys in real time, and benefit from simplified monthly invoicing. No need to manage expense claims after the journey! Everything is simplified, within your budget and integrated into your accounts.
- ⚒️ Mooncard ▷ Mooncard goes even further by offering a software interface to control financial and accounting management and carry out analyses, as well as (and above all!) a configurable payment card and fuel card. So there's no longer any need to manage expense claims. Financial teams save time and control their cash flow.
- ⚒️ Navan ▷ a must-try solution for any company looking to optimise its business travel management, thanks to: simplified bookings, automated expense management and an overview of business travel.
What do we need to know about business travel?
As you will have realised, the laws governing business travel are quite clear when it comes to obligations. You need to be aware of what is involved so that you can make the best possible provision for the various compensation and reimbursement methods, otherwise you will not be able to ensure legal compliance.
Using the right software can help you organise and manage this process as effectively as possible. It's the key to compliance!
You've reached your destination! 🚖