19.08.2019
2902
4 min.
An officially employed citizen has the right to issue a certificate of incapacity for work due to deterioration in health or caring for a sick child or family member. The employer must pay for the period of temporary suspension from work duties for health reasons. To receive compensation, the employee must provide the ballot within the strictly prescribed period of time.
Why is the check performed?
Documents are checked if an employee is suspected of deceiving an employee of the employer in order to justify their absenteeism and/or receive payments for them.
Today on the Internet you can find many companies offering to purchase fake sick leave.
2 common document forgery schemes:
- filling out a sheet on a fake form;
- registration of a certificate of incapacity for work on this form by an employee of a medical institution without official grounds for this.
In both cases, the law is violated and the offender faces prosecution under Part 3 of Art. 327 of the Criminal Code of the Russian Federation.
The following punishment is imposed for committing a crime::
- fine - up to 80,000 rubles;
- compulsory work – 480 hours;
- correctional labor – up to 2 years;
- arrest – up to 6 months
Reasons for which confirmation of the disease is necessary
Verification of sick leave is necessary in cases where the employer has good reasons to doubt the illness of his employee. Also, a discrepancy in the appearance of the document may prompt the need to check the sick leave certificate.
It is necessary to check the document if:
- There is no logo of the Social Insurance Fund of the Russian Federation on the form.
- The document does not contain pink, blue or light green protective fibers.
- The quality of the form paper does not correspond to a legitimate sample - the material should feel similar to that on which banknotes are printed.
- The cells for filling are painted white - on the original form they are slightly yellow.
- There are doubts about the correctness of filling out, gross violations were made in filling out, especially in the section “To be filled out by a doctor of a medical organization”:
- the period of treatment is not indicated, the names of medical institutions are indicated incorrectly;
- the names and surnames of doctors who do not work in the organization are indicated;
- The seal and name of the organization issuing the sick leave do not match.
Similar mistakes are made when making cheap fakes. Recently, sick leave certificates are increasingly being falsified with better quality and it is better to assess the validity of a sick leave certificate not just visually, but with requests to the relevant services.
It is worth checking the sick leave before assigning payments to the employee. Otherwise, the employer himself will have to be responsible for accepting a fake document.
Who is responsible for compilation?
Sick leave certificates are checked by the employer or a person authorized by him. Requests for validity are best submitted in writing on company letterhead.
The disadvantage of this method is the length of time it takes to receive a response or non-receipt due to the fact that the health status of a sick employee and citizen of the Russian Federation constitutes a medical secret in accordance with Part 1 of Art. 13 Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation.” In order not to be refused, it is important for the employer to know how and where to send a request to verify sick leave .
Letter of request to the bank
Letters to the bank help in resolving many controversial issues and clarifying the necessary information. Required formalities:
- correct indication of the details of the author of the letter;
- clear statement of the problem;
- if possible, links to documentary or legislative evidence of your words;
- An online request to the bank should be sent only if you have an electronic signature; in other situations, a paper version with a handwritten visa is preferable.
FILES
In JSCB "Mosbank" 123790 Moscow, st. Vysokaya, 78 from Dmitry Yakovlevich Linchevsky, living at the address: 123908, Moscow, Oktyabrskaya St., 90, apt. 213, tel. 222-66-88 e-mail
About debt restructuring
On 03/12/15, between me, D.Ya. Linchevsky, and Mosbank JSCB, a loan agreement No. 5609/13 dated 03/12/15 was concluded on the following terms: loan amount: 500,000 rubles, for a period of 2 years (date of final repayment of the loan is 03/12/2017), interest rate 17%, intended use - buying a car.
According to clause 5.6 of the Agreement, it is possible to change the interest rate or loan repayment period either by agreement of the parties or unilaterally out of court.
Since May 10, 2016, my financial condition has deteriorated. This is due to my serious illness, which is confirmed by temporary disability certificate No. AO 1507285.
During the validity of this Agreement, I promptly paid the Bank for all obligations, including the loan amount, interest and commission. As of the date of today's appeal, I have no overdue debt.
Taking into account the above, I ask you to restructure my debt under this Agreement: lower the interest rate to 15% per annum or extend the amount of the debt for a period of 1 year.
Please notify me of the results of the consideration of the application in writing and by e-mail to the addresses indicated above.
01/15/2017 /Linchevsky/ D. Ya. Linchevsky
Where should I send the document?
There are several ways to check the authenticity of a sick leave certificate, each of them has its own advantages and disadvantages:
- On the website www.fss.ru : to check the sheet, you must go to the “Invalid forms of disability sheets” menu, which is located in “Information for employers (reporting forms, forms)” and enter the document number.
This way you can find out whether the form is listed in the lost or lost database. The disadvantage of this method is that the form number may be entered incorrectly, and also that its details have not yet been entered into the database - the database is updated once a month. - Request to the medical organization to which the document was issued .
To do this, you can contact the hospital by phone and find out the information you are interested in about the severity of the work injury or the fact of the disease, or send a written request. The disadvantage of this method is, first of all, the possibility of obtaining a refusal in accordance with the law “On the fundamentals of protecting the health of citizens in the Russian Federation.” It may also take some time to respond to a written request. - Request to the Social Insurance Fund office . The only disadvantage in this case may be the time it takes to receive a response, but in this case the organization receives a written response from the Federal Social Insurance Fund of the Russian Federation, and if payments are allowed on an illegitimate sick leave, the employer will avoid punishment in the form of fines and penalties for assigning payments on a forged document.
Checking sick leave in the Social Insurance Fund by number online (2020
- watermarks - with the FSS logo;
- inscriptions illuminated by ultraviolet light.
- Visual check of the document for:
- the quality of the paper (it should not feel different to the touch from that from which reliably authentic sheets of paper are made);
- the presence of microtexts (clearly visible only with the use of a magnifying glass) with the phrase “Certificate of Incapacity for Work”, which are located under the signatures of the doctor, director and accountant of the employing company;
- correctness of filling (in terms of reflecting information about the medical institution).
- Reconciliation of the sick leave number with the database of invalid certificates, which the Social Insurance Fund creates and posts on the website.
- Receive from the employee a unique electronic sick leave number, which is communicated to him by the medical organization after his appointment with the doctor.
- Log in to the “Policyholder's Account” on the page https://cabinets.fss.ru.
- Select the “Electronic sheets” tab, then “Request a sheet”.
- Enter the number of the certificate of incapacity for work and SNILS number of the employee.
- If necessary, select a certificate certifying the organization’s rights to make a request to the Social Insurance Fund.
- Wait for the found sheet to appear in the “List of Sheets”.
- If necessary, select the “To be completed by the employer” option.
- Fill in the appropriate area of the sick note and click “Save”.
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How to request confirmation of a patient's condition?
It is best to submit a request for examination of a certificate of incapacity for work in writing on the company’s letterhead, indicating the date the request was made, the signature of the manager with a transcript and a wet seal from the organization making the request.
At the legislative level, there is no single template for drawing up an application for examination of a certificate of incapacity for work.
You can learn how to write a request correctly in this article.
In the clinic
A request to verify the authenticity of a sick leave certificate to a clinic regarding the fact of illness is drawn up in free form.
However, to receive a reliable answer, the following data should be indicated: the name of the medical organization that issued the document, its number, information about the employee being checked, details of the company making the request, the date the application was drawn up, the signature and seal of the applicant.
The request is usually made in this form:
“Please confirm the issuance of sick leave to the employee __________________ (indicate the name of the organization where the employee works, his full name and surname) No. ___________________ (12-digit sick leave number) for the period from _____ to ______ (period).”
In the FSS
A request is sent to the FSS branch where the employer's company is registered . In this case, the request must be made on the company’s letterhead. The text of the request is almost the same as for the clinic.
You can add to the text a question about the legality of calculating compensation for the time an employee is on sick leave, and also attach a document that needs to be verified. When submitting the original certificate of incapacity for work to the Social Insurance Fund, this fact is indicated in the request.
In the hospital
A request to a hospital about the health status of a sick employee is drawn up in the same way as to a clinic. You can attach a copy of your sick leave certificate to your application .
Letter of request to the tax office
Drawed up by an accountant if he needs an interpretation of any provision of the Tax Code of the Russian Federation or certain information held by the tax authorities. A written appeal requires the mandatory presentation of information about the sender - an organization or an individual. For a specific person this will be the full name and full address, but for a legal entity you need to indicate:
- Name;
- TIN;
- address;
- Full name and signature of the manager;
- seal (if used by the organization).
It is advisable to use company letterhead.
FILES
Zatura LLC, Moscow, 123678, st. Svobody, 51, of. 16 Tel., fax INN 6173849076 To the Inspectorate of the Federal Tax Service of the Russian Federation No. 1 for Moscow
Ref. No. 157 of May 4, 2021
Request for debtor's accounts
Due to the fact that, according to the writ of execution AS No. 000143567 dated 05/03/2017, Zatura LLC is recognized as the claimant, in accordance with Parts 8 and 9 of Art. 69 Federal Law No. 229 of October 2, 2007 “on enforcement proceedings”, please provide information about the debtor specified in this writ of execution. The following data is required:
- names and addresses of banks and other credit institutions where the debtor opened current accounts;
- numbers of current accounts opened by the debtor.
A copy of the writ of execution AS No. 000143567 is attached to the request.
General Director of Zatura LLC /Ovcharenko/ L.I. Ovcharenko
What answer should I expect?
Based on the results of consideration of the employer’s application, an official response is given, which contains conclusions on this issue.
If a document is found to be counterfeit, an official written response must be required from the defendant. In this way, the employer will protect himself from the consequences of an unreliable answer.
In this article we talked about a request to confirm the authenticity of a sick leave certificate. Read our other materials on how to write a request in English, as well as on writing requests about: providing information to the bank and the tax office, about the absence of debt, the tax system, open accounts, providing documents and how to write a response to such requests .