The mechanism of social insurance of workers in the context of a pilot project of the FSS of the Russian Federation. Social security at the enterprise Social security protocols
Paying sick leave and assigning child benefits is not easy for an employer. In many cases, the participation of a specially created commission is required.
A commission for the assignment of benefits should be created in all organizations with more than 15 employees. If this number is less than 15 people, the head of the organization, by order (decree), appoints an employee who will perform the functions of this commission.<*> .
The decision on the appointment (refusal to appoint) benefits is made by the commission within 10 days from the date of submission of the application (appeal) with all the necessary documents. If some documents need to be requested, the commission makes such a request within 5 calendar days from the date of receipt of the application, and makes a decision within one month<*> .
The decision of the commission is drawn up in a protocol. Separate forms of protocols have been established for the appointment of temporary disability benefits<*>and for child benefits<*> .
The commission must inform the applicant of its decision. The decision (extract from the decision, notification) is issued or sent to the applicant within 5 days from the date of its adoption. In case of refusal to grant benefits, the documents submitted by him are returned to the applicant.<*> .
On the reverse side of the sick leave, in the line "Decision of the commission on the appointment of benefits, protocol N, date", an entry is made: "To assign (refuse to appoint) benefit (s)", the protocol number and the date of the meeting of the commission on the appointment of benefits are indicated.
When assigning benefits for children, the protocol with the decision of the commission is filed into the file along with all the documents on the basis of which these benefits were assigned. In the case of the appointment of temporary disability benefits, the protocol is transferred to the accounting department<*> .
All cases in which benefits are assigned by decision of the commission are established by law.<*>(VN - temporary disability):
Please note the following:
1) the maternity allowance is assigned without the participation of the commission. In this case, no protocol is required;
2) if, in the course of the first sick leave, which was paid for by the decision of the commission, a second sick leave was issued (one continuous case of temporary disability), then the same protocol number and the date of the commission meeting as in the first sick leave shall be indicated on its reverse side;
3) if an employee applies to the commission with an application for the appointment of several types of benefits for children (for example, in connection with the birth of a child and for the care of a child under the age of 3), one protocol of the meeting of the commission for the appointment of these benefits may be drawn up<*> ;
4) if, during the period of payment of child benefits, circumstances arise in connection with which the amount of the benefit changes or the payment of benefits is terminated, the protocol is drawn up at the discretion of the commission.
All functioning domestic enterprises make contributions to various state insurance funds. One of the recipients of these payments is the FSS of the Russian Federation, which directly manages the corresponding funds. Each employer registered with the Social Insurance Fund must form a social insurance commission at the enterprise or appoint an authorized representative.
General provisions on the social insurance commission
The FSS of the Russian Federation paid special attention to the frequency of the commission's work, establishing the need to hold meetings at least once a month.
The decisions of this body are drawn up in the minutes of the meeting of the social insurance commission. A sample of the named document of the FSS of Russia has not been developed or approved.
Sample minutes of the meeting of the social insurance commission
The body described above can function both during working hours and during periods of rest of its members. In the first case, the employees retain their average earnings and position.
The FSS of Russia may pay additional remuneration to members of the commission at the expense of its own funds.
As a conclusion, we remind you: every company that appoints a social insurance commission in an institution is obliged to approve the corresponding regulation. The basis for such a development is a document developed by the Social Insurance Fund of Russia on July 15, 1994, No. 556a.
This local act is approved by the general meeting of employees and necessarily contains the following information:
- the number of members of the commission;
- the ratio of administrative workers and union representatives;
- the period of validity of the elected body;
- the procedure for making and formalizing decisions;
- a detailed description of the rights, obligations and functions;
- additional guarantees and benefits for members of the working group.
Compliance with the above-mentioned regulations will ensure that the statutory provisions on the social security commission at the enterprise are in compliance with the law.
COUNCIL OF MINISTERS
LUGANSK PEOPLE'S REPUBLIC
RESOLUTION
Luhansk
On approval of the Regulation on the commission (authorized) of the enterprise,
institutions, organizations for compulsory state
social insurance for temporary disability and in connection with
Guided by Articles 28, 41 of the Law of the Luhansk People's
Republic of June 25, 2014 No. 14-1 "On the system of executive bodies
state
Luhansk
People's
Republic ",
The Council of Ministers of the Luhansk People's Republic decides:
To approve
Position
commission
(authorized)
enterprises,
institutions,
organization
generally binding
state
social
insurance
temporal
Republic.
Control over the implementation of this resolution shall be entrusted to
on acting Deputy Chairman of the Council of Ministers of the Luhansk People's
Republic of Drobota A.N.
This resolution comes into force from the date of its
Interim
Chairman of the Council of Ministers
Lugansk People's Republic S. Ivanushkin
APPROVED BY
Decree
POSITION
on the commission (authorized) of the enterprise, institution,
organizations for compulsory state social
insurance for temporary disability and in connection with
maternity of the Lugansk People's Republic
I. General Provisions
1.1.
Commission
(authorized)
enterprises,
institutions,
organizations for compulsory state social
insurance for temporary disability and maternity insurance
Luhansk People's Republic (hereinafter - the commission), is created / elected and
acts at an enterprise, institution, organization (hereinafter -
enterprise) that use hired labor, regardless of the form
property and type of business.
1.2. The commission acts in accordance with the Regulations on the Fund
social insurance for temporary disability and in connection with
maternity of the Lugansk People's Republic, this Regulation,
as well as other regulatory legal acts in force on
the territory of the Luhansk People's Republic, regulating issues
The regulation on the commission defines the main tasks, scope,
list of powers, organizational principles of the commission members.
1.3. The organization of the commission's work is carried out on parity
principles by its members delegated to it by the employer and
a representative of the insured persons (representative parties).
The representative of the insured is a trade union organization
enterprises, and in its absence - another authorized body,
representing the interests of the insured persons (representative).
If the enterprise has several trade union organizations,
delegation of commission members from insured persons is carried out
united
representative
created
trade union organizations on the initiative of any trade union.
A trade union that has refused to participate in a representative body does not
represents the interests of insured persons in resolving issues
material support and the provision of social services for
compulsory state social insurance
temporary disability and in connection with motherhood.
Commission members are delegated by each representative side
independently in equal quantity, depending on the number
insured persons in the company.
Commission members perform their duties in public
The term of office of the commission members and their number from each side
are established by a joint decision of the representative parties, but not
less than three years.
The decision to delegate members to the Commission on Social
company insurance is issued:
employer - by his order or other administrative
document;
by the representative of the insured persons - by the decision of the elected
body of the trade union organization (united representative
body of trade union organizations) or the corresponding decision of another
the authorized body representing the interests of the insured persons.
1.4. The commission is created based on the number of insured persons
over 15 employees. With the number of employees at the enterprise
of insured persons 15 or less at the general meeting of employees elected
authorized
social
insurance
enterprises.
The Commissioner carries out his functions in accordance with this
Regulations.
1.4.1. In an enterprise where the calculation and payment of wages, and
also payment of material security for social insurance,
the provision of social services is carried out in its structural
divisions, commissions are created in these divisions of the enterprise,
institutions, organizations.
At enterprises, institutions, organizations where the accrual and
payment of wages, as well as payment of material security for
social
insurance
providing
social
carried out
centralized,
is being created
central
commission
1.5. By decision of the commission, from among its members,
working groups (appointed representative, representatives) to carry out
practical work on material support, implementation
measures to reduce the incidence rate at the enterprise,
conducting recreational activities and other areas
insurance activities.
1.6. The commission is accountable (accountable) to the employer and the representative
insured persons, and her (his) work in the prescribed manner is subject to
verification
social
insurance
temporal
incapacity for work and in connection with maternity of the Luhansk People's
Republic (hereinafter referred to as the Foundation).
1.7. The employer and the representative of the insured persons shall assist
the work of the commission, creating the necessary conditions for this by
provision of premises with appropriate equipment for
holding its meetings and agreeing on issues about their holding in
a convenient time for the members of the commission in compliance with the terms of remuneration for
their place of work.
1.8. The employer and the representative of the insured persons are responsible for
providing the commission with information and reference materials,
organization and conduct in conjunction with territorial offices
Of the Fund
learning
questions
compulsory
state
social
insurance
temporal
incapacity for work and in connection with motherhood.
1.9. At the newly created enterprise, the commission is created (elected) in
one month after the state registration of the enterprise in the order,
defined in clauses 1.3 and 1.4 of this Regulation.
II. The rights and obligations of the commission (authorized) for
2.1. The Commission has the right:
2.1.1. Receive information from the employer about the amount of funding
Fund for the provision of material support to the insured
persons, availability and movement of vouchers received from territorial
branches of the Fund and transfers made to the account of the Fund
partial payment of the cost of vouchers.
2.1.2. Receive free consultations from the Fund on
the application of legislation on compulsory state
social insurance for temporary disability and in connection with
motherhood.
2.1.3. Apply, if necessary, to the territorial offices
Fund on checking the correctness of issuance and renewal of leaflets
incapacity for work to the insured persons of the company.
2.1.4. Check the compliance of the insured persons with the regime,
determined by the doctor for a period of temporary disability.
2.1.5. Contact the territorial offices of the Foundation in case of a dispute
between the commission and the employer on material security
and the provision of social services to the insured persons of the company, and
also in case of non-fulfillment by the employer of the decisions of the commission.
2.1.6. Submit proposals to the territorial branches of the Fund on
organization and improvement of work on social insurance at
enterprises.
2.2. The commission is obliged:
2.2.1. Decide on the appointment of material support and
provision of social services.
2.2.2. Make a decision to refuse to appoint a material
security, on the termination of its payment (in whole or in part);
consider the grounds and correctness of issuing and filling out sheets
incapacity for work and other documents that are the basis for
provision of material support and social services.
2.2.3. Monitor the correct charging and
timely payment of material security to insured persons
the employer at the expense of the Fund both on his own initiative and
connection with the appeal of the insured.
2.2.4. Take measures for the timely provision of
the enterprise to the insured persons of material security and
social services for compulsory state social
insurance for temporary disability and maternity insurance.
2.2.5. Take part in inspections carried out at the enterprise,
institution, organization, officials of the central office
Foundation and territorial offices of the Foundation and on issues of correctness
the use of insurance funds, to provide the regulatory authorities
necessary documents and explanations on issues arising during
checks.
2.2.6. Take measures to eliminate the identified by the commission
and regulatory authorities of violations on the provision of
material support and social services, the use of insurance
funds.
III. The powers of the commission (authorized) on social
company insurance
3.1. The Commission exercises the following powers:
the commission is headed by a chairman elected from among the members
the chairman carries out general management of the work of the commission,
holds meetings of the commission, controls the implementation of decisions taken
commission.
The deputy chairman of the commission carries out the assigned
tasks and acts as the chairman of the commission in his absence.
An employee of the personnel department (another person
in the absence of such a position) and performs the following functions:
organizes the work of the commission, including notification
members of the commission on the date, time and place of the meeting, as well as on issues,
submitted to the commission;
accepts applications from insured persons for consideration of their issues
at a meeting of the commission, in a timely manner transfers them to the chairman of the commission
to make a decision on holding a meeting;
draws up the minutes of the meeting of the commission on the day of their adoption;
prepares draft responses to the applicants on the merits of their question, with after
the next submission for signing to the chairman of the commission;
carries out storage of documents generated in the process
the activities of the commission;
transfers for safekeeping to the archive of an enterprise, institution
organizations, completed office work documents of practical
destination.
Employees
enterprises,
institutions
organization
generally binding
state
social
insurance
are exempted from work for the time of participation in the meetings of the commission, also in
in accordance with the order of the head.
3.1.1. Decides on appointment or refusal of appointment
material security (benefits for temporary disability,
including caring for a sick child or family member; pregnancy and
childbirth; for burial) and transfers it to the employer for making payments,
making calculations.
3.1.2. Makes a decision to terminate the payment of material
security (in whole or in part). Checks the correctness of the issue and
filling out the documents that are the basis for the provision
material support and social services.
3.1.3. Monitors the correct charging and
timely payment of material security to the insured persons.
3.1.4. Makes a decision on the allocation of vouchers to the sanatorium and (or)
sanatoriums for insured persons and their family members (as well as
persons studying in higher educational institutions) on the basis of personal
statements, medical certificates confirming the need for treatment
(recovery), the amount of partial payment for vouchers to the sanatorium
spa treatment; allocation of vouchers to children's health-improving
institutions; provision of social services for out-of-school
services for the children of insured persons and transfers them to the employer for
issuing vouchers and making payments.
3.1.5. Takes part in inspections of the organization of the medical
service
insured
treatment-and-prophylactic
facility located in the enterprise and patient compliance
the prescribed treatment regimen.
3.1.6. Keeps a record of persons who often and for a long time are ill (persons who
have been incapacitated for work in the last 12 months for one
diseases of at least three cases with a total number of days
incapacity for work for 30 days or more or for various diseases
less than four cases in the last 12 months with a total of days
incapacity for work 40 or more days, as well as persons who have received leaflets
disability due to non-work injuries;
analyzes, informs and makes proposals on issues
reducing the incidence of illness to the employer and the representative
insured persons.
3.1.7. Monitors the timely referral to
territorial offices of the Fund of statements-settlements on accrued
to insured persons the amount of material security and conducts
quarterly analysis of the use of the Fund's resources at the enterprise.
3.1.8. Submits proposals to the employer on reimbursement to the Fund of expenses
by means of the Fund, carried out in violation of the current
legislation or misused.
3.1.9. Submits materials about
reimbursement to the Fund of expenses for the payment of benefits for temporary
incapacity for work due to non-production injuries,
in cases where this happened due to the fault of other legal or physical
persons.
3.1.10. Keeps records of insured persons, their children, as well as persons who
are trained
institutions,
needy
spa treatment, health improvement in children's wellness
institutions; controls the issuance of vouchers to insured persons,
New Year's gifts according to the decisions of the commission.
3.1.11. Considers complaints from employees of the enterprise about the decision
the social insurance commission of the enterprise for the provision of
material support and social services at the expense of the Fund,
takes measures to address the issues set out in them.
3.1.12. Conducts explanatory work at the enterprise and
advises on the provision of material support and
social services at the expense of the Fund.
3.1.13. Provides publicity of the work of the commission on issues
provision of material support and social services at the expense of
funds of the Fund, including informing about the availability of sanatorium
vouchers and their allocation to each insured person, taking into account applications in
in accordance with the medical indications of the required profile
spa treatment.
3.2. Company Social Security Commissioner
performs the functions provided for in this section.
3.3. Working groups (representatives) of the commission established (appointed)
in accordance with clause 1.5 of this Regulation, with a functional
by assigning responsibilities, they carry out practical work on
separate powers of the commission, as defined in Section III of the Regulation in
particular:
appoint the types of material established by law
provision for compulsory state social
temporary disability and maternity insurance;
if necessary, contact the territorial offices of the Foundation in
regarding the verification of the correctness of the issuance of documents that are
the basis for the provision of assistance;
keep records of insured persons, their children in need of
spa treatment, health improvement in children's institutions
health improvement;
control the issuance of vouchers for treatment and health improvement, as well as
New Year's gifts in accordance with the decisions of the commission;
develop proposals on measures to reduce costs for
temporary disability, a decrease in the incidence rate by
enterprise;
conduct office work of the commission.
3.4. The central commission of the enterprise is created in accordance with
paragraph two of sub-clause 1.4.1 of clause 1.4 of section I of these Regulations.
Rights and obligations, powers and organization of work of the central
the commissions of the enterprise are determined by Sections II - IV of these Regulations.
IV. Organization of the work of the commission (authorized) on
social insurance of the enterprise
4.1. The main form of the commission's work is meetings that
are carried out according to the plan approved by her, but at least twice a month.
Members of the commission participate in its meetings personally without the right to transfer
their powers to other officials.
The commission is competent to make decisions if present at the meeting
more than half of its members, as well as a representative of each party. Meeting
commission is recorded. The decision of the commission is considered adopted if for
it was voted by the majority of the members present at the meeting
commission. In the event of an equal distribution of votes, the chairman's vote
is decisive.
chairman and vice-chairman, who must represent
various representative parties. The chairman of the commission and his
the deputy are responsible for the fulfillment / non-fulfillment of their
powers before the commission. They may be deprived of their authority to
personal request, at the initiative of the members of the commission (the majority of their total
quantity), as presented by the territorial branch of the Foundation. If
a member of the commission for any reason is deprived of his powers,
the party he represents has the right to delegate another
a representative for the term of office of the commission.
4.2. Company Social Security Commissioner
considers (with the adoption of appropriate decisions) issues of appointment
material support and social services to insured persons for
as appropriate requests are received and
the documents required for this.
4.3. The decisions of the commission are drawn up in the minutes on the day of their adoption.
(Appendix No. 1).
V. Dispute Resolution
The decision of the commission on the appointment (refusal to appoint material
provision and provision of social services, indicating the reasons for refusal
and the procedure for appeal) is issued or sent to the applicant no later than
five working days after the relevant decision is made and may
be challenged by the insured person at the territorial office
Of the fund, where the company is registered, within 5 working days from
the moment of receipt of notification of such an appointment or refusal, which is not
deprives the insured person of the right to apply to the court on these issues.
Acting
Minister of the Council of Ministers
Luhansk People's Republic
Minutes No. ______ of the meeting of the social insurance commission ___________________________________________________ (name of organization) "___" ________ ___ year _______________ PRESENTED: Chairman of the commission: ________________________ (full name) Secretary: ________________________ (full name) Commission members : ________________________ (full name) ________________________ (full name) ________________________ (full name) INVITED (A): ________________________________________________________. (position, name of organization, full name) AGENDA: payment of temporary disability benefits __________________________________________________________________________. (position, name of organization, full name) HEARD: application of _____________________ for payment of benefits for temporary (full name) disability _______________________________________________________. (position, name of organization, full name) ESTABLISHED: 1. __________________________, works in __________________________ under (position, full name) (name of organization) employment contract and is subject to state social insurance. 2. "___" ________ ___ _______________________ presented for payment (full name) a certificate of incapacity for work of the series ________ N ____, issued by "___" ________ ___, drawn up in accordance with the requirements of the legislation of the Russian Federation. 3. Type of incapacity for work - ___________________. The period of temporary incapacity for work: from "___" ________ ___ to "___" ________ ___ inclusive. 4. Continuous work experience in _________________________________ to the beginning of (name of the organization) incapacity for work was ___ year ___ months ___ days. 5. The total length of service at the beginning of the incapacity for work was ___ year ___ months ___ days. 6. The monthly salary of the employee (s) is ____________________ rubles. 7. The period for temporary incapacity for work payable is calculated from "___" ________ ___ to "___" ________ ___ inclusive. 8. The settlement period for calculating the average daily earnings is set from "___" ________ ___ to "___" ________ ___. 9. The average daily earnings of an employee (s) is _______________ rubles .____ kopecks. DECIDED: Guided by the legislation on social security of the Russian Federation and this protocol: 1. Accounting departments accept a certificate of incapacity for work for payment. 2. Pay no later than ___ days ________________________ allowance for (full name) temporary disability in the amount of 100% of earnings in the amount of ______________ rubles ________ kopecks at the expense of the Social Insurance Fund of the Russian Federation. Chairman of the commission _______________ / __________________ (signature) (full name) Secretary of the commission _______________ / __________________ (signature) (full name)
Source - Kasenov Ye.B.
Employee social security contributions against occupational accidents can be spent on vouchers to sanatoriums for treatment and rehabilitation. The amount of travel expenses is determined as a percentage of the sum of all specified contributions. It is about 20% and is enshrined in the relevant federal law.
Direction of budget expenditures for 2017-18 signs the act "On the budget of the FSS in 2017". Before spending money on these needs, it is necessary to agree on the direction of the expense with a representative of the social insurance fund. To do this, you need to go through a special approval procedure, which is regulated by the Rules for the financing of preventive measures. In particular, they contain the following list of mandatory documents:
- application for travel vouchers
- wellness plan
- financing schedule for the current year
- act (copy) on the results of the inspection of the state inspection
- act (copy) of the meeting of the medical board
- sanatorium or resort license
- list of insured
To implement these tasks in the field of social insurance of the company, a social insurance commission in the institution must be approved. She will be the guarantor of the observance of workers' rights.
Rules for the establishment of a social insurance commission
An organization of any form of ownership must have a social insurance commission at the enterprise, if the company is registered with the FSS. The members of the body are elected on a voluntary basis. The meeting is held in a conference format with the presence of all staff.
The Commission has the following powers and functions:
- determining the direction of spending contributions
- distribution of vouchers in accordance with the established procedure
- issuance of vouchers to insured persons
- taking into account the need for spa treatment
- control of the procedure for financing treatment and rehabilitation
- verification of the basis for the right to receive a preferential voucher
- handling complaints from insured employees
- preparation of reporting documents for the fund
IMPORTANT: members of the commission are elected for 1-3 years, meetings must be held once a month or more often, all decisions must be formalized in minutes.
Minutes of the meeting of the social insurance commission sample
The document consists of several mandatory parts:
- Cap of the minutes of the meeting of the FSS Commission
- The main part of the protocol
- Final part of the document
At the end of the protocol, the points are prescribed by the points that the commission decided and the signatures of the responsible persons are affixed.
Regulation on the commission at the enterprise
The social insurance committee of the institution operates on the basis of an internal regulation. It is drawn up in accordance with the rules of law set forth in clause 11 of the Regulation "On the FSS of the Russian Federation", which is designed to ensure timely control over the payment of benefits and the issuance of vouchers.
The full procedure for creating a commission at an enterprise is thoroughly considered in regulation 556a of the social insurance fund of Russia. In particular, it says that the main task of the commission is the spending of funds for recreation and sanatorium-and-spa treatment, financed from the fund.
