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Social Security Complaint. How to apply for sick leave payment? How to write a letter to the FSS about additional accruals

How to respond to the FSS requirement: sample explanations

All organizations and individual entrepreneurs who have employees report to the FSS. The fund reimburses the employer for sick leave expenses, various benefits and provides the right to apply benefits. Therefore, the FSS specialists carefully check and analyze the reporting. During the checks, the FSS can detect discrepancies and send the policyholder a request for clarification. In this article, we will look at typical Fund requests and figure out how to compose a response to the request.

If during the in-house audit the FSS has any questions, you will be sent a request to provide explanations and (or) supporting documents. The Foundation sends its request by mail or via telecommunication channels. You can respond to a request in person or through a representative, you can send a response by registered mail or send it via telecommunication channels in the form of electronic documents. The term for responding to the request is five days, the requested documents must be submitted within ten days from the date of receipt of the request.

You can get a request for clarification within the framework of a desk audit (Resolution of the FSS RF dated May 21, 2008 No. 110 ) , if:

  • errors in filling out reports or contradictions between information in documents were revealed;
  • the reporting declared an allowance for reimbursement from the FSS funds;
  • there is an increase in morbidity among the employees of the insured;
  • a preferential rate applies;
  • the procedure for paying insurance contributions, spending compulsory social insurance funds and / or compulsory social insurance against industrial accidents and occupational diseases has been violated.

Identified errors in filling out reports or contradictions between information in documents

What the FSS checks: reporting indicators according to the 4-FSS form. The check is carried out according to the control ratios. The Fund also reconciles the data reflected in the current calculation with the data of the previous period.

What will it take: to give explanations within five days or to submit an updated calculation according to the 4-FSS form.

What to do and how to explain: check the metrics specified in the requirement. There are cases when the FSS by mistake did not reflect the received payments in its database. Then you need to write an explanation and attach copies of payment orders. If there is an error in the report due to the fault of the policyholder, then it is necessary to submit an updated calculation.

Chief specialist
Sverdlovsk regional branch of the Federal Security Service of the Russian Federation
Ivanova I.I.

From LLC "Romashka", INN 667123456
reg. number 6613000111

21.08.2015

On your request No. 10 of 08/18/2015, we explain the following. In the last three months of the reporting period (II quarter), insurance premiums were paid for compulsory social insurance in case of temporary disability and in connection with maternity in the amount of 10,000 (Ten thousand) rubles. The listed amounts are reflected in the calculation of 4-FSS in line 16 of Table 1. According to the data of the reconciliation report with the FSS, a discrepancy was found: the FSS database did not reflect the payment dated May 14, 2015 in the amount of 3,500 (Three thousand five hundred) rubles. Please make the appropriate adjustments.

Appendix: payment order No. 55 dated May 14, 2015

Director of Romashka LLC ___________________ V.V. Petrov

Allowance for reimbursement from FSS funds is declared in the reporting

What the FSS checks: indicators of table 2 of Section 1 of the 4-FSS form.

What will it take: give explanations within five days, submit copies of supporting documents within ten days from the date of receipt of the request, or submit an updated calculation in the form of 4-FSS.

What to do and how to explain: if indeed there are amounts to be reimbursed from the Fund, it is necessary to submit a calculation of benefits in any form and supporting documents. To confirm the validity of the amounts of benefits, it is necessary to submit to the FSS copies of payment orders for the payment of contributions, certificates of incapacity for work, certificates of wages, certificates of the birth of a child and other documents at the request of the Fund. Experts will analyze the submitted documents and, if they are authentic, will allocate funds to reimburse the costs of paying benefits for temporary disability, pregnancy and childbirth, etc.

In the calculation, you need to indicate the earnings of the employee to whom the benefit was accrued at the expense of the FSS. The amount of earnings does not include income that is not subject to insurance premiums.

To reimburse the money paid to the employee in connection with an industrial accident, the FSS must submit a number of documents named in Art. 229.2 of the Labor Code of the Russian Federation.

For quick and accurate calculation of benefits, use the sick leave calculator or the maternity benefit calculator.

You can prepare a response to the FSS using the response template:

You can prepare a response to the FSS using the response template:

What to do and how to explain: within ten days from the date of receipt of the request to submit documents. This can be constituent documents, information about working people with disabilities, etc.

The procedure for paying insurance contributions, spending compulsory social insurance funds and / or compulsory social insurance against industrial accidents and occupational diseases has been violated

What the FSS checks: timeliness of payment of insurance premiums, correct spending of funds for social insurance purposes.

What will require: payrolls, copies of payment orders, certified copies of documents confirming the validity and correctness of the funds spent by the insured (certificates of incapacity for work, certificates of wages, etc.).

What to do and how to explain: within ten days from the date of receipt of the request, prepare certified copies of documents and submit them to your department of the Fund.

Checking the reliability of the certificate of incapacity for work

There are times when the employer doubts the reliability of the sick leave. In this situation, the insured has the right to send a request for checking the sick leave to the FSS. If the certificate of incapacity for work is filled out non-standard, the policyholder may also ask the Fund to check it. The term for assigning sick leave benefits is ten calendar days from the date of its receipt by the company's accounting department. Therefore, a request to check the certificate of incapacity for work must be addressed immediately so that the Fund has time to give its opinion.

You can prepare a request to the FSS using the request template:

Service expert Normative
Rogacheva E.A.

23 March 2015 Complaints to the FSS: new regulations approved

Complaints about the work of departments and individual employees are common. But in order for the complaint to reach the addressee and become the basis for taking adequate measures, it is necessary to comply with certain regulations. Complaints submitted to the Social Insurance Fund are no exception. At the end of last year, the Ministry of Labor approved a new regulation for considering complaints from payers of insurance contributions to the FSS (Order of the Ministry of Labor of Russia dated 27.

Complaint against the employer to the prosecutor's office

Complaint against the employer to the prosecutor's office. An open-ended employment contract was entered into between the complainant and the organization. In accordance with the clause of the contract, the complainant was hired as a deputy chief accountant. Throughout her career, the complainant conscientiously performed her job duties. During his entire career, the complainant has never been subject to disciplinary action.

Complaint against the Social Insurance Fund of the city of Belgorod

processes, but here is a special case, which does not tolerate lengthy proceedings, since the court decision of the Sverdlovsk court of Belgorod, which has already entered into legal force, created a precedent.

I understand that according to the Constitution of the Russian Federation, justice in Russia is administered only by the court. The judiciary is independent and operates independently of the legislative and executive branches.

Complaining about the FSS is necessary according to the regulations

How to write an application to the FSS about checking the payment of childcare benefits by the employer?

She worked in the regional office in Rostov-on-Don, a Moscow organization, as an accountant and financial manager. The employer, having learned about my pregnancy, fired me under clause 8 of Art. 77 of the Labor Code of the Russian Federation, I turned to the labor inspectorate, the prosecutor's office to resolve this problem and filed a statement of claim with the Moscow court (directly where the organization was located), as a result of long court proceedings, I was reinstated.

Whom to complain to about medical personnel, medical care?

Is there some kind of all-Russian or obligatory regional institution in Russia where you can write a complaint about the actions of doctors, about the state of the hospital building, about poor-quality treatment?

You need to climb up the chain of command. The problem is that on different issues you have to contact different authorities. And the claim must be correctly formulated and correctly submitted in the appropriate form.

Whom to complain to about the fss

I, Mashenkova Irina Aleksandrovna, on the basis of the Labor Agreement No. 2/2011 dated March 25, 2011, am in labor relations with the Limited Liability Company "Center for Development of Management Solutions" Legal address: 123154, Moscow, Salyama Adilya st. 9, 3, pom. I room. 2, registered by the Interdistrict Inspectorate of the Federal Tax Service of Russia No. 46 for Moscow, TIN / KPP 7704720939/770401001, OGRN 1097746058882. This organization is registered as an insurer at Branch 11 of the Federal Security Service

Where to complain about social security?

and this means that YOU YOURSELF (if your employer does not have enough funds in the account) can apply for the appointment and payment of unpaid benefits.

* a certificate from the father's place of work stating that he was not assigned or paid a lump sum for the birth of a child (if you apply for it to the FSS);

Attention: to contact the FSS, you must attach an application in the prescribed form (fill out yourself or take it from your inspector at the reception).

Ministry of Labor: it is necessary to complain about the FSS according to the regulations

The Ministry of Labor of the Russian Federation, by order of October 27, 2014, No. 801n, approved the "Administrative regulations for the provision by the Social Insurance Fund of the Russian Federation of state services for the consideration of complaints filed by payers of insurance premiums to a higher authority over the payment of insurance premiums or to a higher official." The document was registered by the Ministry of Justice on February 20, 2015 under N 36126.

Application for sick leave FSS (form and sample)

The Social Insurance Fund of the Russian Federation is the guarantor of the observance of the rights of citizens in the event of their illness, the birth of a child, an injury that entailed a temporary loss of a person's ability to work and receive income. However, it should be remembered that in order to exercise the rights of citizens to receive money in the event of the described cases, it is necessary to prepare and submit to the Fund a whole list of documents, including an application form for the sick leave of the FSS. A sample and a form are presented below.

Sick leave

The current legislation of the Russian Federation guarantees each employee timely and full payment of his sick leave. This obligation of the Social Insurance Fund or the employer in the case of indirect payment of ballots arises immediately after the presentation of the certificate of temporary incapacity for work.

To do this, an employee who wants to receive payment for the time of illness must fill out an application form for a sick leave of the FSS and hand it over to his employer.

It is important to remember that each enterprise is obliged to submit an application and sick leave to the territorial body of the Social Insurance Fund no later than five days after receiving the corresponding application from the employee. Ignoring this prescription will lead to violation of the rights of citizens to timely payment of sick leave.

Filling out an application

The official application form for the sick leave of the FSS was approved by Order of the Social Insurance Fund of the Russian Federation of September 17, 2012 N 335. It can be downloaded from the link below, on the official website of the FSS, or using the Consultant + legal reference system.

Application form for payment of benefits (vacation pay)

By the same regulatory and administrative document, the Social Insurance Fund of Russia provided that an application for payment of benefits can be filled in block letters in one of the following ways:

  • by hand using a gel, capillary, fountain pen or ballpoint pen;
  • in a typewritten way.

All records must be black and strictly within the corresponding columns or cells.

The text should be entered accurately, without blots, etching or corrections. You cannot cross out or obscure characters.

It is important to note that at present, the FSS sick leave application form provides only two possible options for an employee to receive payment for his bulletin:

  • transfer with a mandatory visit of the employee to the Russian Post office;
  • payment to the citizen's bank account.

In this case, the employer or individual entrepreneur is removed from the relationship for the payment of sick leave between the employee and the Social Insurance Fund of the Russian Federation.

Depending on the chosen method of obtaining compensation for a period of temporary incapacity for work, the relevant citizen must fill out:

  • or a section indicating the bank details of the credit institution in which the corresponding account is opened;
  • or block number 6, designed to indicate the address at which a citizen can receive payment for the ballot.

After filling out and entering the data into the application form for sick leave in the FSS, the person intending to receive payment for the period of illness, attaches the original certificate of incapacity for work to the form. Then the entire package of documents is transferred to the employer.

Instead of a conclusion, it should be noted that the person making the application must fill out only those sections for which he has the relevant information. In the columns that are not subject to filling, any data should not be reflected. As a general rule, it is advisable to put dashes in them.

A sample of filling out an application to the Social Insurance Fund for sick leave payment can be found here.

Sample application for temporary disability benefits

On sick leave, the employee has the right to receive payment for the period of his absence, for example, due to illness or injury. Regardless of the specific reason, you will need to write an application for payment. How to do this correctly, we propose to figure it out further.

The legislative framework

According to Federal Law No. 255, adopted in 2006, the employee transfers his sick leave to the employer in order to receive payment for the days of absence in accordance with Art. 1 13 of the law, which obliges employers to guarantee the employee social insurance in the event of temporary disability or in connection with maternity. In this case, a corresponding application for receiving benefits is written. As a rule, it is submitted to the HR department.

It should be noted that an employee can submit such a lure within 6 months after the closure of the sick leave. This cannot be done until discharge. The employer is obliged to submit the document to the Insurance Fund within 5 days. Additionally, is it possible to get sick leave retroactively.

If 6 months have passed since the date of discharge, and the employee has not submitted the application, in the future, in order to apply for the allowance, he will need to prove that the time was lost for a responsible reason. In some situations, you also need to contact the social security office.

If an employee quits, he can apply for within 30 days of the quit.

How to make an application to the HR department?

There is no officially accepted form, so the application is written in a free format. It should be noted that the HR department may provide you with a ready-made template adopted by the company. Any person fills out the form, for example, the employee himself or the representative of the policyholder, however, the application must be signed by the employee presenting the sick leave, because he is the insured person.

The application is written on standard A4 paper. Typically filled in as follows:

  1. In the upper right corner, the details of the company where the application is submitted are indicated - name, position and full name. a leader, such as a CEO.
  2. The details of the applicant are indicated under the data of the head - full name, registration address, residential address.
  3. The name of the document is written in the center, that is, "Application".
  4. Next is the body of the application, where the request for the appointment and payment of sick leave benefits is written. It also indicates how you want to receive funds - to your personal account or in cash at the accounting department.

Advice - it is worth specifying the law on the basis of which the employer is obliged to pay insurance (No. 255-ФЗ dated December 29, 2006).

  1. Payment details where you need to accrue benefits if you want to receive it into your account. In addition to the account number, it is required to additionally indicate the following data of the credit institution - full name, BIC, beneficiary's name.
  2. "Appendix" is written on a new line and the documents that are attached to the application are listed.
  3. The date of writing the application is written and the signature is put.

A sample application addressed to the general director of the company is offered.

If the sick leave is extended and a new sheet is issued, the employee can apply for each of them.

Application for recalculation and its sample

The recalculation of sick leave is a change by the employer of the amount of cash accruals that the employee received due to temporary disability. It can be initiated by both the employee and the employer. A statement is written when an employee needs recalculation. As a rule, this happens in cases where the amount of the benefit does not correspond to the insurance experience and.

The procedure for drawing up such a statement remains unchanged, with the following exceptions:

  • The body of the text indicates on what basis the recalculation is required. For example, in case of incorrect calculation of the length of service or the need to change the billing period when calculating sick leave benefits.
  • There is no need to indicate the method of receiving benefits and details, because the employer must initially agree on the recalculation.
  • In the attachments, it is necessary to indicate the presence of a certificate, the amount of wages for a period not exceeding 3 years. Recalculation is impossible without this certificate in the package of submitted documents.

A sample application for the recalculation of sick leave benefits can be viewed below:

Drawing up an application to the FSS and its sample

In rare cases, the application must be taken not to the personnel department, but immediately to the Social Insurance Fund (FSS). For example, this situation may arise when a company is liquidated. Also, an application to the FSS is submitted by self-employed (individual entrepreneurs, lawyers, lawyers, etc.), but only on condition that they pay insurance premiums.

If previously there was no single application form, in 2016, by order of the Ministry of Labor and Social Protection No. 585, a list of documents was established that must be provided, and application and application forms were sent by letter No. 02-09-11 / 04-03-27029. Download this form is offered.

The application form has three pages, which are drawn up in compliance with the following rules:

  • You need to fill out the form with a black pen (gel, ballpoint, etc.).
  • Fill in the fields in block letters.
  • Corrections and blots are unacceptable, therefore, letters cannot be crossed out or smeared over.
  • The text should not go beyond the established columns and fields.

It is worth noting that you can fill out the form on a computer, print it, sign it and take it to the FSS.

The application form itself is filled out in the following order:

  1. In the upper right corner, in the empty cells, the name of the territorial FSS, where the application will be submitted, and the full name of the person should be entered. the applicant.
  2. From the proposed options, it is proposed to choose according to which insured event the application for the appointment and payment of benefits is submitted. For example, a suitable option is "Temporary Disability Benefit".
  3. Choose a payment method:
  • By transferring to a bank account. In this case, an additional tab is filled in, where you need to indicate the bank details of the credit institution where the citizen holds the account.
  • By postal order. In this case, the 6th block is filled in, where the address where the applicant wishes to receive benefits is entered.
  1. Indicate information about the recipient - full name, date of birth, information about the identity document.
  2. The details of the documents are entered, which are attached to the application and are transferred to the employer.
  3. The signature of the applicant and the date of drawing up the application are put.

It is proposed to download a sample of the completed form in the FSS.

Application for sick leave payment after dismissal

A former employee can submit an application for insurance benefits to the former employer within 30 days of the date of dismissal. It is also drawn up in free form and does not differ from the application submitted by a full-time employee. You can verify this by downloading the sample application -.

The payment can also be received into a bank account or directly from an accountant.

This application is submitted with a package of necessary papers to the personnel service by direct contact or by registered mail. It should be noted that it is safer to apply in person, and to submit an application in duplicate. One of them, after the delivery of the appropriate stamp, should be kept for yourself in order to further have proof that you applied. More information about sick leave after dismissal -.

Features of the application for sick leave payment in the pilot region

In the pilot regions, of which there will be 20 since 2016, an application must be submitted to the HR department or FSS on a unified form suitable for scanning. That is, a free-form statement will not be genuine. An application template is required to be obtained from a personnel officer, who should help to correctly fill out the paper.

It is expected that by 2018-2020 sick leave processes will be automated, so there will be no need to apply for payment.

So, the employee has the right to receive insurance benefits for temporary disability. To do this, within 6 months after discharge, you must submit an application to the personnel department, and in rare cases - immediately to the FSS. There is no single application form, but it is worth adhering to the already established rules.