Regular workplace of an employee

When an employee performs work in a place other than their regular workplace, that employee is deemed to be on a business trip.

The employee's regular workplace is, in the first place, the place agreed in writing between the employee and the employer. Only if no such place has been agreed, the place of work performance agreed in the employment contract shall be regarded as the employee’s regular workplace (Section 43(1)(b) of the Labour Code).

More than one place of work performance (municipality, organisational unit or other specification of a place) may be agreed in the employment contract. From the point of view of the right to travel allowances for business trips, however, only one place of work performance should be regarded as the regular workplace.

The agreed regular workplace of an employee whose workplace is changed frequently due to the nature of their profession, can also be the place of their (temporary or permanent) residence.

The act on travel allowances contains a clear and separate definition of the regular workplace for the purpose of providing travel allowances to a temporarily assigned employee who is sent on a business trip during the period of temporary assignment (such an employee may be sent on a business trip by the end-user employer only). The regular workplace of a temporarily assigned employee for the purposes of business trips made during the period of temporary assignment is the place of work performance agreed pursuant to Section 58(5) of the Labour Code in the temporary assignment agreement or in the employment contract. For this purpose, the general arrangement concerning regular workplace contained in Section 2(3) of the Act on travel allowances does not apply to temporarily assigned employees, i.e. a different place cannot be agreed as the regular workplace of temporarily assigned employees; if a temporarily assigned employee belongs to the group of employees whose workplace is changed frequently due to the nature of their profession, the place of their (permanent or temporary) residence cannot be agreed as the regular workplace either.