» Protocol of the commission on sick leave sample. Commission on social insurance at the enterprise

Protocol of the commission on sick leave sample. Commission on social insurance at the enterprise

Labor legislation contains a number of social provisions that protect the rights of the worker in case of disability in situations that are not subject to him. The most common social guarantee is the payment of sick leave, compensation to women for pregnancy and childbirth. For the most part, these benefits are provided by the FSS.

But at the same time, the employer acts as the primary source of financing, their duties include the calculation and payment of insurance premiums. Therefore, the commission social insurance must be created at the enterprise, as evidenced by paragraph 11 of Decree No. 101 of February 12, 1994.

The creation of the commission ensures control over the correctness of the calculation and payment of insurance amounts to workers, as well as many issues related to the social insurance of employees of the company's staff. The commission includes:

  • administration representative;
  • union member;
  • workforce representative.

The composition of the commission is approved by the decision of the labor collective.

The activities of the commission are aimed at performing the following tasks:

  • carrying out recreational activities for all needy workers of the team;
  • decide contentious issues for the payment of benefits;
  • control of the correctness of the calculation of the amounts of benefits;
  • distribution of vouchers;
  • control over the legality of decisions made by the administration;
  • development of proposals regarding the reduction of morbidity at the enterprise;
  • filling out disability sheets;
  • sick leave calculation.

From the approved composition of the commission, the labor collective elects the chairman of the commission, who is assigned the obligation to keep a documentary report of the work done.

Creation procedure

A social insurance commission is being created in the institution in accordance with the provisions of Decree of the FSS of the Russian Federation No. 556a. Council members are elected by the collective composition of the enterprise at a general meeting. The adopted resolution on the approval of persons who will be members of the trade union council is documented. The authorized person draws up the minutes of the meeting, which serves as the basis for the issuance of an order by the head of the company to approve the composition. The term of election is from 1 to 3 years. The new composition may be approved by the general resolution of the collective of employees even before the deadline for the commission's activities.

It should be noted that at enterprises with up to 100 individuals, the tasks of the commission can be performed by one responsible person. According to the internal order, he is entrusted with all obligations to address social issues at the enterprise.

Meetings must be convened according to the expediency of considering issues, but not less than once every 30 days. Having made the right decision, the chairman draws up the minutes of the meeting of the social insurance commission, a sample filling will help to avoid errors in its execution.

Note that there is no legally approved form of the protocol, so the members of the council can independently develop this document and approve it by internal order.

If discrepancies are found in the documentation, or non-compliance with legal norms, the elected council undertakes to notify the head and the public service about this. The Social Insurance Fund may take part in the activities of the commission, request Required documents, reports, materials on this or that issue. The commission, in turn, must report on all its decisions to the collective of workers as necessary, but not less than once a year. At the end of the term of election, the chairman prepares a detailed account of his actions during his term of office.

All functioning domestic enterprises make contributions to various state insurance funds. One of the recipients of these payments is the FSS Russian Federation, which directly manages the relevant 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.

Decisions of this body are documented 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 and approved.

Sample minutes of the meeting of the commission on social insurance

The body described above can function both during working hours and during the rest periods of its members. In the first case, employees are kept average earnings and position.

The FSS of Russia may pay additional remuneration to members of the commission at its own expense.

As a conclusion, we remind you that each company that appoints a social insurance commission in an institution is obliged to approve the relevant regulation. The basis for such a development is the 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 must contain the following information:

  • the number of members of the commission;
  • the ratio of administrative workers and trade union representatives;
  • duration of the elected body;
  • the procedure for making and formalizing decisions;
  • a detailed description of the rights, duties and functions;
  • additional guarantees and benefits for members of the working group.

Compliance with the aforementioned regulations will ensure that the provisions on the social insurance commission at the enterprise comply with the law.

Irina Gnatiuk, Center for HR Consulting and Effective Solutions
LLC "Movement to success", Novosibirsk

It is generally accepted that the interaction of employers with the Social Insurance Fund is carried out through employees of the accounting department, who assigned benefits and made payments that were later reimbursed by the regional bodies of the FSS. At the present time, in many regions the situation with the appointment and payment of benefits has changed, however, the receipt from employees of the documents necessary for the payment of benefits has been and continues to be made through the personnel department of organizations.

The legislation regulates that the payment of social insurance benefits, payment for vouchers to employees and members of their families in sanatorium-and-spa institutions, financing of other social insurance measures in all organizations, regardless of ownership, is carried out through the accounting department of employers (Decree of the Government of the Russian Federation of February 12, 1994 No. No. 101 "On the Social Insurance Fund of the Russian Federation"). However, from July 1, 2011, a phased reform of the social insurance system began. In a number of regions, the current “credit” system (i.e., the mechanism for the payment of benefits by the employer to insured persons on account of the payment of insurance premiums to the Fund) has changed to a system of direct appointment and payment of benefits by the Social Insurance Fund of the Russian Federation (its regional branches).

Organizations located in the regions where the pilot project of the FSS of the Russian Federation operates pay to the Fund's budget in full without reducing them by the amount of payments, and the payment of benefits is made directly by the territorial bodies of the Fund after employers provide registers of the established form (Order N 223 dated 15.06.2012 of the Social Fund insurance of the Russian Federation).

Social security benefits and lists of documents provided by employees

Consider what documents for the appointment and payment of benefits to the personnel service of the organization must be received from employees and transferred to the accounting department to calculate the average wages(for non-one-time benefits), as well as the transfer of information to the regional branch of the Social Insurance Fund of the Russian Federation for assignment and payment to employees.

1. Temporary disability benefit – this is the most common allowance, the payment of which is regulated by article 183 of the Labor Code of the Russian Federation. The conditions, amounts and procedure for the payment of insurance coverage for compulsory social insurance in case of temporary disability are determined by the Federal Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in case of temporary disability and in connection with motherhood” (as amended on December 29, 2006) .2012 N 276-FZ).

Documents required for the appointment and payment of benefits:

Disability sheet.

If temporary disability has occurred as a result of an accident at work or an occupational disease, an act on an accident at work or an act on the case of an occupational disease is drawn up.

2. Maternity allowance, the payment of which is regulated by Article 255 of the Labor Code of the Russian Federation. The procedure for determining average earnings for calculating benefits is determined by the requirements federal law dated December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with motherhood” (as amended on December 29, 2012 N 276-FZ).

Documents required for issuing an Order on the provision of maternity leave:

Application from the employee for maternity leave;

Disability sheet.

Order on granting maternity leave;

Application of the insured person (Appendix No. 1 to the Order of the Social Insurance Fund of the Russian Federation of September 17, 2012 No. 335);

Certificate of the amount of earnings from the previous place of work (in case the employee in billing period worked for another employer).

3. A one-time allowance for women registered in antenatal clinic in early dates pregnancy(up to 12 weeks).

As a rule, it is assigned simultaneously with the maternity benefit or later on the basis of the application of the insured person (Appendix No. 1 to the Order of the Social Insurance Fund of the Russian Federation of September 17, 2012 No. 335). As a supporting document, a certificate of a medical institution on registration in a antenatal clinic in the early stages of pregnancy (up to 12 weeks) must be provided.

4. One-time allowance for the birth of a child.

In accordance with Article 11 of Federal Law No. 81-FZ of May 19, 1995 “On State Benefits for Citizens with Children”, one of the parents or a person replacing him has the right to a lump-sum allowance at the birth of a child. In the event of the birth of two or more children, the specified allowance is paid for each child.

Documents required for grant assignment:

Application of the insured person (Appendix No. 1 to the Order of the Social Insurance Fund of the Russian Federation of September 17, 2012 No. 335);

Certificate of birth of a child issued by the registry office (form 24 or 25 - for a single parent);

Certificate from the place of work (service) of the other parent stating that the allowance was not assigned and paid. If the other parent does not work - a copy of the work book and a certificate from the social protection authorities at the child's place of residence on non-receipt of benefits;

Certificate of divorce - in case the marriage between the parents is dissolved;

For persons replacing parents: a decision to establish guardianship over a child (a court decision on adoption that has entered into legal force, an agreement on the transfer of a child for upbringing to a foster family).

5. Adoption allowance.

Employees who have adopted a child are provided with parental leave provided for in Article 257 of the Labor Code of the Russian Federation, namely:

1) For the period from the date of adoption until the expiration of 70 calendar days from the date of birth of the adopted child, and in case of simultaneous adoption of two or more children - 110 calendar days from the date of their birth;

An allowance is assigned and paid for the adoption of a child in the manner and amount established for the payment of benefits for pregnancy and childbirth (Decree of the Government of the Russian Federation of October 11, 2001 No. 719).

To issue an Order on granting leave to an employee who has adopted a child and assign benefits, the following documents will additionally be required:

An employee's application for leave to care for an adopted child;

Court decision on the adoption of a child;

Birth certificate of the child(ren).

Certificate from the place of work (service, study) of the spouse stating that they do not use the specified leave or that the spouse is not on maternity leave - in case of adoption of a child (children) by both spouses.

2) To care for a child until he (they) reaches the age of three years.

Leave to care for a child until the child reaches the age of three is granted to employees who have adopted a child, similar to leave to care for a child provided for in Article 256 of the Labor Code of the Russian Federation.

Women, at their request, instead of leave for the period from the date of adoption of the child until the expiration of 70 calendar days from the date of his birth, may be granted maternity leave, provided for in Article 257 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of 11.10.2001. No. 719 "On approval of the procedure for granting holidays to employees who have adopted a child." The basis for granting maternity leave will be a certificate of incapacity for work, which is issued in accordance with the established procedure by a medical institution and a statement from the employee.

5. Monthly up to a year and a half.

In accordance with Article 256 of the Labor Code of the Russian Federation, at the request of a woman, she is granted parental leave until the child reaches the age of three. Parental leave may be used in whole or in parts also by the child's father, grandmother, grandfather, other relative or guardian who actually cares for the child.

Persons on parental leave may work part-time or at home while retaining the right to receive child care allowance up to one and a half years.

Mothers or fathers, other relatives, guardians who actually care for the child are entitled to a monthly child care allowance (Article 13 of the Federal Law No.

The calculation of benefits for caring for a child up to one and a half years is regulated by the Federal Law of December 29, 2006 N 255-ФЗ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”, which also determines that if, during the period the mother is in maternity leave, she has the right to choose one of the two types of benefits paid during the periods of the respective holidays.

Necessary documents for issuing an Order on granting parental leave and assigning benefits for caring for a child up to one and a half years:

Documents established by paragraph 54 of the Order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 No. 1012n “On approval of the procedure and conditions for the appointment and payment of state benefits to citizens with children”, namely:

1) Applications for parental leave.

2) Certificate of birth (adoption) of the child being cared for or an extract from the decision to establish guardianship over the child; Birth certificate of the previous child or document of adoption of the previous child. In the event of the death of the previous child, a death certificate shall be submitted;

3) A certificate from the place of work of the second parent that he does not use the leave and does not receive monthly allowance for child care. If the second parent does not work, a certificate is provided from the social protection authorities at the place of residence of the father, mother of the child. Similarly, for persons actually caring for the child instead of the mother (father, both parents) of the child.

Application of the insured person for the appointment of benefits (Appendix No. 1 to the Order of the Social Insurance Fund of the Russian Federation of September 17, 2012 No. 335).

6. Provision and payment of leave to a person who has received damage to health as a result of an accident at work or an occupational disease (in excess of the annual paid leave established by the legislation of the Russian Federation).

In cases where an employee needs treatment in case of damage to health due to an accident at work or an occupational disease, the employer is obliged to provide him with paid leave for sanatorium treatment (in addition to the annual paid leave established by the legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and vice versa (clause 10, article 17 of the Federal Law of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases").

Documents required for issuing an Order on the provision of paid leave to an employee for sanatorium treatment and its appointment:

An employee's application for a vacation for sanatorium treatment;

A copy of the order of the branch of the FSS of the Russian Federation on providing the employee with a voucher for sanatorium treatment due to an accident at work or an occupational disease;

A copy of the voucher to the sanatorium-resort institution or other documents indicating the dates of the beginning and end of treatment;

Travel documents that confirm the time spent by the employee on the road to the place of treatment and back;

Application of the insured person for vacation pay (Appendix No. 1 to the Order of the Social Insurance Fund of the Russian Federation of September 17, 2012 No. 335).

7. Payment for 4 additional days off to care for a disabled child.

On the basis of Article 262 of the Labor Code of the Russian Federation, one of the parents (guardian, custodian) for the care of disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided by them among themselves at their discretion .

According to the Decree of the Ministry of Labor of the Russian Federation and the Social Insurance Fund of the Russian Federation of April 4, 2000 N 26/34 "On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for disabled children" payment for each additional day off day to a working parent (guardian, custodian) to care for children with disabilities and people with disabilities from childhood until they reach the age of 18 is made in the amount of daily earnings at the expense of the Social Insurance Fund of the Russian Federation.

Documents required for issuing an Order on granting additional days off to one of the parents (guardian, caregiver) to care for children with disabilities:

An employee's application to provide him with additional days off per month to care for disabled children;

Birth (adoption) certificate of the child;

A certificate from the place of work of the second parent stating that at the time of the application, additional days off for caring for a disabled child in the same calendar month were not provided to him or were provided partially (provided with each application). In cases where the other parent does not work or independently provides himself with work, a document confirming this fact is provided (provided with each application).

A certificate from the place of work of the second parent is not provided in cases documentary evidence: dissolution of marriage between the parents of a child with a disability, death of the other parent, deprivation of parental rights by the other parent, other cases of lack of parental care (imprisonment, etc.);

Certificate of the social protection authorities on the disability of the child indicating that the child is not kept in a specialized children's institution on full state support (provided once a year).

06.12.2013 № 70

Novosibirsk city

About providing additional days off for caring for a disabled child

According to the Decree of the Ministry of Labor of the Russian Federation and the Social Insurance Fund of the Russian Federation of April 4, 2000 N 26/34 "On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for disabled children" and Article 262 of the Labor Code of the Russian Federation

I ORDER:

  1. To provide the marketing manager of the Marketing Department Vasilyeva Svetlana Fedorovna with four additional paid days off to care for a disabled child Mikhail Petrovich Vasilyev born in 2002 in December 2013: 09.12.2013, 16.12.2013, 23.12.2013, 30.12.2013.
  2. Accountants to pay Vasilyeva Svetlana Fedorovna for each additional day off in the amount of average earnings.

Base:

  1. Statement by Vasilyeva S.F. on granting her additional days off in December 2013 to care for a disabled child dated 06.12.2013.
  2. A certificate from the spouse's place of work stating that at the time of applying for additional days off to care for a disabled child in December 2013, he was not provided dated 05.12.2013.
  3. Birth certificate of the child VI-HA No. 426803, issued by the Leninsky Department of the Civil Registry Office of the Civil Registry Office of Novosibirsk on March 10, 2002.
  4. Certificate of USZN of the Leninsky district of Novosibirsk dated 05.12.2013. No. 2598.

DirectorSidorov A.A. Sidorov

If additional days off in a calendar month are partially used by one parent, then the remaining days can be provided in the same month to the other parent.

Additional paid days off are not provided if the parent is on regular paid leave, leave without pay, leave to care for a child until he reaches the age of one and a half years. During this period, additional days off may be granted to the other parent.

8. Social allowance for burial.

Social allowance for burial is paid by employers to the spouse, close relatives, other relatives, legal representatives of the deceased or other persons who have assumed the obligation to carry out the burial of the deceased employee, who has assumed the obligation to bury (paragraph 1 of Article 10 of the Federal Law of 12.01.1996 No. 8- Federal Law "On burial and funeral business").

PLEASE NOTE: Social allowance for burial is paid by the employer of the deceased on the day of his death or was the insurer of one of his parents (other representatives or family members) on the day of death of the minor. In this case, payment is made on the day of application on the basis of a death certificate (Article 10 of the Federal Law of January 12, 1996 No. 8-ФЗ “On Burial and Funeral Business”). The paid social allowance for burial is reimbursed to the employer by the Social Insurance Fund of the Russian Federation.

The payment of benefits is made on the basis of an application for the payment of benefits by one of the relatives, the legal representative of the deceased or another person who has assumed the obligation to carry out the burial, and a certificate of death of the employee (or a minor family member) issued by the registry office. At the same time, the allowance is paid upon application no later than six months from the date of death.

16.12.2013 № 80

Novosibirsk city

On the payment of social benefits for burial

According to the Federal Law of January 12, 1996 No. 8-FZ "On Burial and Funeral Business"

I ORDER:

Pay the accounting department to Ivanova Tamara Stepanovna, passport 81 04 No. 978542 issued by the Department of the Federal Migration Service of Russia for the Nizhny Novgorod District of Moscow on September 23, 2008, to the sister of the deceased driver of the car of the Motor Transport Department Fedor Stepanovich Petrov, social benefit for burial in the amount of 5716.75 rubles (Five thousand seven hundred and sixteen rubles 75 kopecks).

Base:

  1. Statement by Ivanova T.S. on the payment of social benefits for burial dated 12/16/2013.
  2. Certificate of death dated December 13, 2013. No. 1598 issued by the Oktyabrsky Department of the Civil Registry Office of the Office of the Civil Registry Office of Novosibirsk.

DirectorSidorov A.A. Sidorov

Making orders

The list of documents required for the appointment and payment of benefits by the Social Insurance Fund of the Russian Federation, in relation to the social benefit for burial, does not contain a requirement for the insured to provide an order for its payment. Therefore, not in all organizations, HR specialists consider it appropriate to draw it up.

Being the main administrative document and legal act of any organization, the order is issued in order to solve the tasks set for officials, departments or the company as a whole. At the same time, the written form imposes responsibility for the execution of the assignment and allows you to control the result by performers.

Therefore, the need to issue orders in writing is an integral part of the management activities of managers in all functional areas of the company.

Establishment of a social insurance commission

According to the requirements of paragraph 11 of the Regulations "On the Social Insurance Fund of the Russian Federation", approved by Decree of the Government of the Russian Federation of February 12, 1994 N 101, to ensure control over the correct calculation and timely payment of social insurance benefits, the implementation of recreational activities at enterprises, in organizations, regardless of forms property, it is necessary to create social insurance commissions or elect social insurance commissioners.

At enterprises where the number of employees is more than 1,000, social insurance commissions can be created in structural divisions. In enterprises where the number of employees is less than 100, the functions of the social insurance commission may be performed by the social insurance commissioner.

The members of the social insurance commission are elected from among the representatives of the administration of the enterprise (employees of the personnel department, accounting and others) and trade unions (labor collective).

Let's figure out how to create a social insurance commission.

Model regulation on the commission (authorized) for social insurance, approved by the FSS of Russia on July 15, 1994 No. 556a, on the basis of which the Regulation on the commission (authorized) for social insurance of the organization is being developed.

At the general meeting of the labor collective, members of the commission or the commissioner for social insurance should be elected, and the Regulations on the commission (authorized) for social insurance should be developed and approved. The decision of the labor collective must be formalized in a protocol, on the basis of which an order must be issued to establish a social insurance commission.

LIMITED LIABILITY COMPANY "RASVET"

PROTOCOL #3
General meeting of the labor collective

Total employees of the organization: 224 people.
Present at the meeting: 189 people.

SUGGESTED:

RESOLVED:
Elect V.A. Popov as the chairman of the meeting, L.A. Utkina as the secretary.

VOTED:
Behind 220 Human 98,2% from the number of those present
Against No Human, 0% from the number of those present
abstained 4 Human, 1,8% from the number of those present.
Adopted by majority vote.

Agenda:
1. Development and approval of the Regulations on the social insurance commission of LLC "RASSVET".
2. Election of members of the commission on social insurance.

LISTENED:
Chief Accountant Vasiliev V.A. on the need to form a commission on social insurance, on the functions, rights and obligations, and on the procedure for the work of the commission.

PERFORMED:
Chairman of the trade union organization Popov V.A.
Head of the Human Resources Department Ivanova O.V.
Engineer of the Occupational Safety Department Stepanov D.P.
Director Sidorov A.A.
Accountant Kovaleva N.K.

RESOLVED:
1. Approve the Regulations on the social insurance commission of RASSVET LLC as amended in accordance with Appendix 1 to this protocol.

2. To elect a social insurance commission for a period of 1 (one) year. Approve the number of members of the social insurance commission in the amount of 3 (three) people, consisting of:

Popov Vladimir Alekseevich - engineer of the Supply Department, chairman of the trade union organization.
Utkina Lyubov Anatolyevna -,

VOTED:
Behind 224 human 100% from the number of those present
Against No Human, 0% from the number of those present
abstained No Human, 0% from the number of those present.
Adopted unanimously.

RESOLVED:
Elect Vladimir Alekseevich Popov, engineer of the Supply Department, chairman of the trade union organization, as chairman of the social insurance commission.

Chairman of meeting Popov V.A. Popov
Meeting Secretary Utkin L.A. Utkin

Sample order on the establishment of a commission on social insurance.

Limited Liability Company "RASSVET"

03.12.2013 № 66

Novosibirsk city

About creation of the commission on social insurance

According to the requirements of paragraph 11 of the Regulations "On the Social Insurance Fund of the Russian Federation", approved by Decree of the Government of the Russian Federation of February 12, 1994 N 101 and on the basis of the Protocol of the general meeting of the labor collective of December 2, 2013. No. 3

I ORDER:

1.Create a social insurance commission of LLC "RASSVET" in the following composition:

Chairman of the Commission: Popov Vladimir Alekseevich - engineer of the Supply Department, chairman of the trade union organization.

Commission members: Utkina Lyubov Anatolyevna - accountant,
Ivanova Oksana Vladimirovna – head of personnel department.

2. The social insurance commissions of RASSVET LLC carry out their activities in accordance with the Constitution of the Russian Federation, laws of the Russian Federation, decrees of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, decisions of the Social Insurance Fund of the Russian Federation, on the basis of the Regulations on the commission on social insurance LLC "Rassvet".

DirectorSidorov A.A. Sidorov

The work of the social insurance commission

The activities of social insurance commissions or authorized persons provide for the resolution of issues on the expenditure of social insurance funds provided for sanatorium-resort treatment and recreation of employees and their families, on the distribution of vouchers for insured persons for sanatorium-resort treatment, recreation, therapeutic (dietary) food purchased for fund account.

In addition, the commissions (authorized) for social insurance monitor the correctness of filling out disability certificates, the accrual and timely payment of temporary disability benefits by the employer in terms of payment at the expense of the employer, funeral benefits, check the correctness of the employer's determination of the right to social benefits, the validity of the deprivation or denial of benefits, deal with contentious issues regarding the provision of benefits.

According to the requirements provided for by the Model Regulations on the commission (authorized) for social insurance, approved by the FSS of Russia on July 15, 1994 No. 556a, meetings of the commission should be held as necessary, but at least once a month. All decisions of the commission (authorized) on social insurance are drawn up in a protocol.

LIMITED LIABILITY COMPANY "RASVET"

December 5, 2013 No. 1

PROTOCOL

There were 3 people present:


Ivanova Oksana Vladimirovna

Agenda:
1. On the payment of temporary disability benefits to employees of RASSVET LLC for the period from December 02, 2013 to December 05, 2013.
2. On granting additional days off for caring for a disabled child to the marketing manager of the Marketing Department Vasilyeva Svetlana Fedorovna in December 2013.

LISTENED:
1. Ivanova Oksana Vladimirovna on the calculation of the insurance period for employees and the verification by the personnel department of the correctness of filling in sick leave certificates for the period from December 02, 2013 to December 05, 2013.
2. Popov Vladimir Alekseevich on the need to provide employees with four additional paid days off to care for a disabled child on the basis of Article 262 of the Labor Code of the Russian Federation.

CONSIDERED:
1. Sheets of temporary disability of employees of LLC "RASSVET", provided by the head of the personnel department Ivanova O.V.
2. Statement by Vasilyeva S.F. on granting her additional days off in December 2013 to care for a disabled child dated 06.12.2013. and supporting documents:
- A certificate from the spouse's place of work stating that at the time of applying for additional days off to care for a disabled child in December 2013, he was not provided dated 05.12.2013.
- Birth certificate VI-HA No. 426803, issued by the Leninsky Department of the Civil Registry Office of the Civil Registry Office of Novosibirsk on March 10, 2002.
- Certificate of USZN of the Leninsky district of Novosibirsk dated 05.12.2013. No. 2598.

1. DECIDED:
Having considered the sheets of temporary disability submitted by the head of the personnel department Ivanova O.V., the social insurance commission of LLC "RASSVET" made the following decision:
1.1. On the basis of the submitted documents, assign temporary disability benefits to employees of RASSVET LLC for the period from December 02, 2013 to December 05, 2013, provided for payment at the expense of the employer in the following amount:


No. p / p

Full Name

Certificate of incapacity for work

Reason for disability

Work experience, years

Total days of disability

Benefit amount, %

Number

date of issue

By b/l.

Through the FSS

At the expense of the employer

Golovina Larisa Gennadievna

01- Disease

Blinova
Olga Yurievna

01 - Disease

1.2. On the basis of the decision made by the social insurance commission of RASSVET LLC, the accounting department to accept disability certificates for the period from December 02, 2013 to December 05, 2013 for the appointment and payment of part of temporary disability benefits to employees of RASSVET LLC at the expense of the employer, provide the register of information in the established form to the regional branch of the FSS of the Russian Federation no later than 5 calendar days from the date of submission by employees of applications for the payment of benefits.

2. DECIDED:

Having considered the application for additional days off and the supporting documents Vasilyeva S.F., submitted by the head of the personnel department Ivanova O.V., the social insurance commission of RASSVET LLC made the following decision:

2.1. On the basis of the submitted documents, provide additional days off for caring for a disabled child to the marketing manager of the Marketing Department Vasilyeva S.F. in December 2013: 09.12.2013, 16.12.2013, 23.12.2013, 30.12.2013
2.2. Based on the decision made by the social insurance commission of LLC RASSVET, the personnel department should issue an order to provide additional days off for caring for a disabled child and familiarize the accounting department of LLC RASSVET with it to pay for each additional day off in the amount of average earnings.
2.3. Based on the decision made by the social insurance commission of LLC "RASSVET", the accounting department shall submit to the branch of the regional branch of the Social Insurance Fund an application for reimbursement of expenses for paying 4 additional days off to one of the parents (guardian, trustee) to care for disabled children (Appendix No. 7 to the Order of the Social Insurance Fund of the Russian Federation dated September 17, 2012 No. 335), as well as a certified copy of the order to provide additional days off to care for a disabled child Vasilyeva S.F.

Commission Chairman Popov V.A. Popov
Commission members Utkin L.A. Utkin
Ivanova O.V. Ivanova

Sample protocol of the commission on social insurance.

LIMITED LIABILITY COMPANY "RASVET"

December 16, 2013 No. 2

PROTOCOL
meetings of the commission of the Limited Liability Company "RASSVET" on social insurance

There were 3 people present:
Chairman - Popov Vladimir Alekseevich
Commission members: Utkina Lyubov Anatolyevna
Ivanova Oksana Vladimirovna

AGENDA:
1. On compensation of expenses for sanatorium-and-spa treatment and recreation for the children of employees in the children's sanatorium-and-health camp of the year-round action "Beryozka".
2. On the validity of the appointment and payment of a one-time allowance for the birth of a child to the sales manager of the Development Department, Oksana Petrovna Svetlova.
3. On the payment of social benefits for burial to Ivanova Tamara Stepanovna, passport 81 04 No. 978542 issued by the Department of the Federal Migration Service of Russia for the Nizhny Novgorod District of Moscow on September 23, 2008, to the sister of the deceased driver of the car of the Motor Transport Department Fedor Stepanovich Petrov.

LISTENED:
1. Popov Vladimir Alekseevich on compensation of expenses for sanatorium treatment and recreation of employees' children in the children's sanatorium and health camp of year-round action "Beryozka" in the period from January 23, 2014 to February 12, 2014 inclusive for 21 calendar days for the children of the following employees of LLC "DAWN":
- Ivanova K.A., Gagarina O.V., Yakovleva S.S.
2. Lyubov Anatolyevna Utkina on the procedure for assigning and paying a lump-sum allowance at the birth of a child.
3. Ivanova Oksana Vladimirovna on state guarantees and terms of payment of social benefits for burial.

CONSIDERED:
1. Statements of the employees of LLC "RASSVET" Ivanov K.A., Gagarina O.V., Yakovleva S.S. on the provision of vouchers for sanatorium treatment and recreation for children in the children's sanatorium-and-health camp of year-round action "Beryozka" from January 23, 2014 to February 12, 2014, the availability of certificates for obtaining vouchers form No. 070 / y-04.
2. Statement by Svetlova O.P. on the payment of benefits dated 13.12.2013. (Appendix No. 1 to the Order of the Social Insurance Fund of the Russian Federation of September 17, 2012 No. 335) and supporting documents:
- Certificate of birth of a child dated 12/11/2013. No. 1054 (Form No. 24).
- A certificate from the spouse's place of work stating that the allowance was not assigned and paid dated 12/12/2013.
- Birth certificate III-NA No. 987203, issued by the October Registry Office of the Office of the Civil Registry Office of Novosibirsk on December 13, 2013.
3. Statement by Ivanova T.S. on the payment of social benefits for burial dated 12/16/2013. and certificate of death of the driver of the car of the Motor Transport Department Fedor Stepanovich Petrov dated 12/13/2013. No. 1598 issued by the Oktyabrsky Department of the Civil Registry Office of the Office of the Civil Registry Office of Novosibirsk.

1. DECIDED:
Having considered the applications of employees Ivanov K.A., Gagarina O.V., Yakovleva S.S., submitted by the head of the personnel department Ivanova O.V., the social insurance commission of LLC "RASSVET" made the following decision:
1.1. Based on the submitted documents, to distribute among the employees vouchers for sanatorium treatment and recreation of children in the children's sanatorium and health camp of the year-round action "Birch" in the period from January 23, 2014 to February 12, 2014 inclusive on 21 calendar days as follows:
- Ivanov K.A. - two vouchers for my son: Anton Ivanov, date of birth 06/04/2000. and daughter Ivanova Svetlana, date of birth 08/22/2000,
- Gagarina O.V. - one ticket for daughter: Maria Gagarina, date of birth 18.09.2003.
- Yakovlev S.S. - one voucher for the son: Yakovleva Ivan, date of birth 21.02.2004.

1.2. Compensation for the cost of maintaining the children of employees of LLC "RASSVET" in the children's sanatorium and health camp of the year-round action "Birch" is made as follows:
The cost of one voucher in the children's sanatorium-and-health camp of the year-round action "Birch" is 18,600 rubles, of which:
- 90% - compensated at the expense of the regional budget;
- 10% - compensated at the expense of the trade union organization "RASSVET" LLC.
The total cost of 4 (four) vouchers for children of employees of LLC "RASSVET" is 74400 (seventy-four thousand four hundred) rubles 00 kopecks, of which:
- 66960 (sixty-six thousand nine hundred sixty) rubles 00 kopecks is compensated at the expense of the budget of the Novosibirsk Region;
- 7440 (seven thousand four hundred and forty) rubles 00 kopecks is compensated at the expense of the trade union organization "RASSVET" LLC.

1.3. On the basis of the decision made by the social insurance commission of LLC "RASSVET", the personnel department to issue an order on the distribution and compensation of vouchers for sanatorium treatment and recreation for the children of employees in the children's sanatorium and health camp of the year-round action "Beryozka" in the period from January 23, 2014 until February 12, 2014, to acquaint interested employees, accounting department and the chairman of the trade union organization LLC "RASSVET" with it.

2. DECIDED:
Having considered the application for the payment of a lump-sum allowance at the birth of a child and supporting documents Svetlova O.P., submitted by the head of the personnel department Ivanova O.V., the social insurance commission of RASSVET LLC made the following decision:
2.1. Based on the verification of the submitted documents, recognize the appointment and payment of a lump-sum allowance at the birth of a child to the sales manager of the Development Department Svetlova O.P. justified.
2.2. On the basis of the decision made by the social insurance commission of RASSVET LLC, to the personnel department, transfer the documents necessary for assigning benefits to the accounting department of RASSVET LLC.
2.3. On the basis of the decision made by the social insurance commission of OOO "RASSVET", the accounting departments accept documents and provide information in the form established by law to the regional branch of the FSS of the Russian Federation no later than 5 calendar days from the date of submission of Svetlova O.P. benefit claims.

3. DECIDED:
Having considered the statement Ivanova T.C. on the payment of social benefits for the burial of brother Petrov F.S., who at the time of death was an employee of LLC "RASSVET", and a certificate of his death, submitted by the head of the personnel department Ivanova O.V., the social insurance commission of LLC "RASSVET" made the following decision :
2.1. Based on the submitted documents to pay Ivanova T.C. funeral benefit in the amount of 5716.75 rubles (Five thousand seven hundred and sixteen rubles 75 kopecks) no later than December 16, 2013.
2.2. On the basis of the decision made by the social insurance commission of RASSVET LLC, the personnel department issues an order on the payment of social benefits for burial and familiarizes the accounting department of RASSVET LLC with it for the assignment and payment of benefits.
2.3. On the basis of the decision made by the social insurance commission of OOO "RASSVET", the accounting department to submit to the branch of the regional branch of the Social Insurance Fund an application for reimbursement of expenses for the payment of social benefits for burial (Appendix No. 6 to the Order of the Social Insurance Fund of the Russian Federation dated September 17, 2012 No. 335 ), as well as the original death certificate of Petrov F.S.

Commission Chairman Popov V.A. Popov
Commission members Utkin L.A. Utkin
Ivanova O.V. Ivanova

The decision of the social insurance commission drawn up by the protocol is subject to mandatory execution by the administration of the organization. Decisions of the commission may be appealed to the branch of the regional branch of the Social Insurance Fund.

Open a document in your ConsultantPlus system:
The lack of regulations adopted at the federal level on the procedure for granting benefits for temporary disability, pregnancy and childbirth, etc., puts employers in a difficult position and causes various kinds of errors in this area. Thus, when studying the organization of work on providing benefits at OAO Uralelectromed, it turned out that there are certain inaccuracies and contradictions in the regulation of this activity. First of all, in the local regulation "Providing employees of OJSC "Uralelectromed" with social insurance benefits", on the one hand, it is indicated that the assignment and payment of benefits is carried out by the bureau of financial and settlement operations of the department accounting. The employee must apply to this office, submit the necessary documents and write an application addressed to the director of general affairs. However, below we are talking about the fact that the employee gives the sick leave to the timekeeper, he fills it out, signs it with the head of the unit and transfers it to the personnel department, which indicates the employee's length of service. The issued sick leave is transferred for payment to the accounting department. At the same time, the Regulations provide for a special procedure for assigning benefits in cases where the cause of temporary disability is a domestic injury, as well as in cases where employees violate doctor's orders. In these cases, after the sick leave is issued in the personnel department, it is transferred to the social insurance commission, which makes the appropriate decision. Moreover, as evidenced by the study of the minutes of the meeting of the commission on social insurance of JSC "Uralelectromed", a significant part of their agendas is devoted to the issues of granting benefits for temporary disability. At the same time, it was not taken into account that, according to the Regulations on the Social Insurance Fund in the Russian Federation, approved by the Decree of the Government of the Russian Federation of February 12, 1994, social insurance commissions are created not to assign benefits, but to control the correct calculation and timely payment of social insurance benefits employers, resolving issues on spending social insurance funds, as well as considering contentious issues between employees and employers regarding the provision of social insurance benefits (clause 11). The powers of the commission to assign benefits also do not follow from the Model Regulations on the commission (authorized) for social insurance, approved by the Social Insurance Fund of the Russian Federation in agreement with the Ministry of Labor of Russia on July 15, 1994 (clauses 2.1 - 2.2). Therefore, one cannot but agree with the statement of R.S. Garipov that the appointment and payment of benefits are entirely the prerogative of the employer, who determines the right to benefits, decides on the deprivation of benefits, lists its amount and determines the payment of benefits.

The Labor Code gives an employee hired under an employment contract a number of social guarantees that he can claim if he loses the opportunity to work for reasons beyond his control. The most common examples of such guarantees include payment for the period of illness and benefits in connection with the birth of a child. Most of these payments are paid by the social insurance fund. However, initially their source of funding is actually the employers themselves, whose responsibilities include monthly contributions to the social insurance of employees. At the same time, the fulfillment by the employer of obligations related to the payment of employee benefits can be controlled by far more than just the FSS.

Regulations on the commission on social insurance

On the basis of paragraph 11 of the Regulations "On the Social Insurance Fund of the Russian Federation", approved by Decree of the Government of the Russian Federation of February 12, 1994 No. 101, to ensure control over the correct calculation and payment of social insurance benefits in institutions and organizations, regardless of ownership, by labor collectives social insurance commissions should be formed at the enterprise. In companies with less than 100 employees, the functions of such a social insurance commission may be performed by the social insurance commissioner.

The very procedure for creating this structure is regulated by the regulation on the social insurance commission, approved by the decree of the FSS of Russia on July 15, 1994 No. 556a.

Thus, according to this document, the members of the commission are elected at the general meeting of the labor collective from among the representatives of its administration. These may be employees of the personnel department, accounting and other administrative personnel, as well as trade unions. The decision taken by the meeting of the labor collective must be formalized in a protocol, on the basis of which an order is issued to establish a commission for social insurance at the enterprise.

The commission is elected for a term of 1 to 3 years. Members of the commission may be re-elected before the expiration of the term of office by the decision of the general meeting of the labor collective.

The main issues considered by the commission and authorized persons relate to the expenditure of funds for sanatorium treatment and recreation of employees and their families, distribution of vouchers for sanatorium treatment, recreation, therapeutic (dietary) food purchased at the expense of the Fund to the insured. Also, the duties of the commission or the social insurance commissioner include monitoring the correctness of filling out sick leave certificates, the accrual and timely payment by the employer of temporary disability benefits, burial benefits. They also consider other contentious issues on providing workers with social insurance benefits.

Commission meetings are held as needed, but at least once a month. The adopted decisions are documented in the minutes of the meeting of the commission on social insurance.

In case of detection of violations of the current legislation on social insurance, the commission is obliged to inform the management of the organization, as well as the department of the FSS, about this. The Social Insurance Fund can interact with this structure by requesting certain materials on insurance issues in the organization directly from representatives of the commission. The commission on social insurance in an institution is obliged to report on its own work directly to the labor collective and to the administration of the company at least once a year, and also after the expiration of the term of office of a specific composition of the commission.

Sample minutes of the meeting of the commission on social insurance in the institution

Protocol No. 1

Meetings of the commission on social insurance

Alpha LLC »

(Sample)

Present:

Members of the Social Insurance Commission:

Chairman: Ivanov Ivan Ivanovich;

Secretary: Petrov Petr Petrovich;

Commission members: Sidorov Nikolay Ivanovich,

Smirnova Tatyana Valerievna

AGENDA: payment of benefits in connection with pregnancy and childbirth to an employee of Alpha LLC Konstantinova I.V.

LISTENED: Ivanov Ivan Ivanovich's statement on the payment of benefits in connection with pregnancy and childbirth to an employee of Alpha LLC Konstantinova I.V.

SET UP:

Konstantinova I.V. works in Alfa LLC under an employment contract and is subject to state social insurance.

June 27, 2016 Konstantinova I.V. presented for payment issued in accordance with the requirements established by the legislation of the Russian Federation, a certificate of incapacity for work in connection with pregnancy and childbirth. The beginning of the hospital period in connection with pregnancy and childbirth according to this document is from June 24, 2016, the duration is 140 calendar days.

Konstantinova I.V. has been working at Alfa LLC since February 1, 2012, however, from December 09, 2013 to August 17, 2015, this employee was also on maternity leave and subsequent leave to care for a child up to 1.5 years old. The employee did not take leave to care for a child under 3 years old, and started working on August 18, 2015.

According to Article 14 of the Federal Law of December 29, 2006 No. 255-FZ, if in two calendar years immediately preceding the year of the insured event, or in one of the indicated years, the insured person was on maternity leave and (or) on parental leave, the corresponding calendar years (calendar year) may be replaced by the previous calendar years (calendar year) at the request of the insured person for the purpose of calculating the average earnings, provided that this leads to an increase in the amount of the benefit.

An employee's application for the replacement of the 2014-2015 calendar years of the billing period in order to calculate the maternity benefit for 2012-2013 is attached.

DECIDED:

Guided by the legislation on social security of the Russian Federation and this protocol:

1. To the personnel department to issue on the basis of the application of the employee Konstantinova I.V. maternity leave.

2. The accounting departments accept a certificate of incapacity for work for payment with the replacement of the billing period for 2012-2013 on the basis of the relevant application of the employee, calculate and pay the amount of temporary disability benefits due to pregnancy and childbirth within the terms established by law.

Chairman of the Commission __________________ I.I. Ivanov

Secretary of the Commission __________________ P.P. Petrov

 


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