On November 28, 2012 the Constitutional Court of the Republic of Belarus took a Decision «On the Right of Employees to Reimbursement of Travel Expenses for Business Trips» (reporting judge – Vladimir P. Isotko).

In appeals of citizens, coming to the Constitutional Court, the question of unlawfulness of provisions stating that travel expenses for official business trips are not reimbursed without tickets and other documents in original is arisen.

The Article 95 of the Labor Code of the Republic of Belarus provides that the employee has the right to reimbursement of expenses during his business trip, including travel expenses. The procedure and amount of reimbursement of travel expenses for business trips are established by the Government of the Republic of Belarus or the body authorized by it.

Pursuant to these provisions, the Ministry of finances and the Ministry of labor and social security have adopted instructions, providing that reimbursement of travel expenses for business trip to employee is carried out only upon submission of original travel documents.

According to the Constitutional Court, such a legal regulation eliminates the possibility of implementation of the right of employees to reimbursement of expenses of the trip in cases of absence of original travel documents. This in fact limits their right established by the law.

In order to guarantee the constitutional principles of the rule of law, legality and justice in implementation of employee’s right to reimbursement of travel expenses, the Constitutional Court recognized the need to resolve a conflict in legal regulation and defined the procedure and amount of reimbursement of travel expenses for business trips as well as in the case of absence of original travel documents.

The Council of Ministers of the Republic of Belarus is proposed to take in prescribed order measures, aimed at appropriate clarification of legal regulation of reimbursement of travel expenses for business trips to employees.