Electronic sick leave note

By Elena Rybnikova, Head of Internal Audit, Expertise and Methodology Department

Following amendments to the law, it has been possible to submit electronic sick leave notes in the Russian Federation since July 01, 2017.

While connecting to this electronic document management system, many questions arose for many companies so we would like to share our experience in using this system as well as our solutions to certain difficulties that arose while using the system.

Diagram for electronic sick leave system:

diagram.png

Many questions and difficulties arose already when companies registered in Insured Account (the website is available only in Russian).

фсс

To enter their account, insured use the login and password for GosUslug portal provided it has been confirmed. This portal is available in English (please see link).

Accounts can be created for legal entities only by an individual who is the head of the organization or a representative of the organization entitled to act on behalf of the organization without power of attorney because whether the details of the head used for registration match those recorded in the State Register of Legal Entities are verified during the registration of legal entities. So, if a qualified certificate of the key for verification of digital signature was obtained for an employee other than the head recorded in the State Register of Legal Entities, then this verification will not be completed, and it will not be possible to register with GosUslug electronic system.

This means that to register legal entities it is necessary to first go through the procedure for data verification and identity confirmation.

Option 1

Users with any registered account and different roles and status (Russian citizen, foreign citizen, stateless person, company executive, and individual entrepreneur) can log in to GosUslug electronic system.

IMPORTANT NOTE: When registering with GosUslug system, company heads must have an insurance individual account number.

Registration and verification of details of foreign nationals

The registration and verification of details of foreign nationals is overall similar to the same procedures for Russian nationals but with some particularities.

When filling out details, it is required to specify the details of the foreign national’s identity document on the basis of which he/she obtained his/her insurance individual account number as well as the insurance individual account number. To ensure successful verification of identity and insurance individual account number, all fields must be completed in Russian in full compliance with the documents.

To obtain insurance individual account numbers for all categories of users (including highly qualified specialists) as well as in case of change of documents of foreign nationals after receipt of insurance individual account number, please contact the Pension Fund of Russia.

We found out from the Department of e-Government Development that this procedure is based on the requirements of Russian law and is the same for all individuals regardless of citizenship and place of residence.

Образец

After registering in GosUslug portal, company heads can register a legal entity in their account and invite to this legal entity the employees from the group Organization Profile Administrators. These employees may use their electronic digital signature to sign electronic sick leave notes.

Option 2

If a company head has no insurance individual account number and no insurance individual account number can be obtained for the company head, then the legal entity may be registered by another employee entitled to act on behalf of the company without power of attorney. Please note that this employee must be registered in the State Register of Legal Entities as such person, i.e. an employee entitled to act on behalf of the company without power of attorney.

The difficulty with this second registration option is that the Federal Tax Service does not register companies when they have more than one person entitled to act on their behalf without power of attorney. The law does not provide for such restriction on company registration although this prohibition is upheld by court practice (Supreme Commercial Court Ruling No. ВАС-13083/13 dated October 01, 2013 Case No. А33-9913/2012).

Summary

In order to use the electronic sick leave note system, company heads must obtain an insurance individual account number, register in GosUslug portal, register their legal entity, invite the employees with electronic digital signature to join the company in the System for Identification and Authentication of e-Government Infrastructure.

Intercomp specialists would be pleased to answer any of your questions related to electronic sick leaves. Please feel free to send your request to marketing@intercomp.ru.