Business Trip, Onboard Conduct

Resolution No. 800/2026 of the National Civil Aviation Agency (ANAC) has been in effect since September 14, 2026. The regulation establishes rules for dealing with unruly passengers on domestic flights and at airports and toughens the consequences of inappropriate conduct.

The rule applies to all passengers, including those traveling on business. For companies, this means that an incident at the airport or on board can have impacts that go far beyond the employee themselves.

What changes with the Resolution?

Depending on the severity of the conduct, airlines may take the following measures:

• Passenger removed from aircraft with police assistance., even if the flight has not started or ended, including layovers;
• Termination of the transport contract, resulting in the loss of the ticket;
• Suspension of access to air transport for 6 or 12 months., In very serious cases, the data is shared between the companies, which prevents the purchase of tickets and boarding on any of them;
• Administrative fine of R$ 17,500 for finding, applied by ANAC to passengers in serious and very serious cases.

Among the offenses covered are disobeying crew instructions, offending or assaulting employees and passengers, smoking on board, damaging equipment, engaging in sexual harassment, and making false threats. The passenger has the right to defend themselves before the airline.

Why this topic is of interest to companies.

The time an employee spends traveling on business, including at airports, on aircraft, and in hotels, is considered part of their work. Therefore, any incident during travel has direct repercussions on the employment relationship. Three risks deserve highlighting.

1. Removal of the employee from the aircraft. Besides the embarrassment and potential police report, the removal could jeopardize the meeting, negotiation, or event that motivated the trip. The company bears the costs of return and rescheduling, and may suffer commercial and reputational losses.
2. No flying allowed. For positions where air travel is essential, such as sales and management roles with regional or national operations, a suspension of up to 12 months can make a significant portion of the activities unfeasible. The company can temporarily readjust functions, for example with remote work, ground transportation, or portfolio redistribution. However, it cannot reduce the salary (Article 7, VI, of the Constitution) nor dismiss the employee without pay for the entire period, since disciplinary suspension is limited to 30 days (Article 474 of the CLT). In commission-based positions, the redistribution of clients requires caution to avoid constituting a detrimental contractual change.
3. Fines and costs. This is where the most frequent questions arise: who pays the bill?
   • The fine imposed by ANAC (National Civil Aviation Agency of Brazil) is the employee's responsibility. It applies to the passenger, an individual, and not to the employer. The recommendation is that the company not pay it: if it does so voluntarily, it will be difficult to claim it back later.
   • The costs of the trip fall primarily on the company. Lost ticket, new ticket issuance, accommodation, and return are generally covered by the employer. Deductions for these costs from wages are only permitted in cases of intent or, if there is negligence, when expressly stipulated in the employment contract (article 462, §1, of the CLT), always after investigation and within reasonable limits.
   • Harm to third parties can affect the employer. The company is liable for the actions of its employees committed in the course of their work (article 932, III, of the Civil Code) and may subsequently seek compensation from the employee.
   • Business losses are difficult to recover. A missed contract or meeting cannot be deducted from payroll, and legal action requires proof of damages and causal link. Therefore, the best strategy is prevention.

Disciplinary measures: what to observe

• Inappropriate conduct while traveling on business may justify disciplinary action, ranging from a warning to dismissal for cause in the most serious cases (article 482 of the CLT). Some precautions are essential:
• The airline's decision does not replace an internal investigation. The company must listen to the employee, gather evidence, and decide based on the facts, especially since the company's action may be reviewed.
• A flight ban, in itself, is not grounds for just cause. What is evaluated is the conduct that gave rise to it.
• Proportionality and immediacy. The measure must consider the seriousness of the offense, the history and the damage caused, and be applied immediately after the investigation is concluded.
• Prior knowledge of the rules. Internal policies, terms of agreement, and documented training strengthen the company's position.
• Alcohol requires special attention. Labor law jurisprudence has treated chronic alcoholism as an illness, which necessitates a health assessment before any termination of employment.

How can companies prepare?

• Update the travel policy and code of conduct, with clear rules regarding behavior, alcohol consumption, the duty to report incidents, and liability for fines.
• Review employment contracts, including, for new employees, clauses on conduct during travel, availability to travel in positions where this is essential, and compensation for damages. For existing employees, inclusion depends on an addendum with the employee's agreement (article 468 of the CLT).
• Align the new rules with existing disciplinary standards, avoiding contradictions between internal policies.
• Gather scientific data and promote training, prioritizing sales areas and leadership.
• Create an incident protocol, with an emergency hotline, legal support, a continuity plan for commitments, and a workflow for investigations.
• Treat the information confidentially, in accordance with the General Data Protection Law.

Conclusion

ANAC Resolution No. 800/2026 reinforces that conduct during business trips is not solely the employee's responsibility. Companies that anticipate this, with clear rules, adjusted contracts, and a response protocol, reduce financial, operational, and labor risks, and protect the continuity of their business.

Article written by: Rafael Mello and Fernanda Vastella.