An officially employed woman, having become pregnant, expects that the employer will timely transfer all payments due to her according to the law. Unfortunately, this is not always the case. What to do, where to complain, how to restore justice.
A man was born! Who will pay?
For modern Russian realities, it is far from the fact that a working woman, having become a mother, will receive money for the birth of a child, guaranteed and without delay. Perhaps only in government agencies this is strictly. And then no one is immune from mistakes in paperwork, the so-called human factor. Even in large enterprises, there are often problems with timely payments. What can we say about small firms, individual entrepreneurs.
To endure and wait is not an option. So you can never get anything. What if your employer's business closes?
You need to demand your legal money right away, and be able to do it correctly, legally competently.
Where do the payments come from, and for what
The inhabitants, in terms of “money for the birth of a child,” most often mean both a lump sum for the birth of a child, and the so-called “maternity”, that is, monthly payments for care until the baby reaches one and a half years of age. An unscrupulous employer can not transfer or delay both the first and second payments, and all together. This is despite the fact that the lump sum is paid not even by the enterprise, but by the Social Insurance Fund of the Russian Federation to all women who have given birth, including the unemployed. The accounting department acts only as an intermediary, transferring legal money through the cash desk or to a salary card. There is, however, one nuance in this: first, the employer makes a payment (actually from his own money), and then the Fund compensates it. But the newly-made mother shouldn't worry about it at all.
Check yourself: did you do everything right yourself?
No later than 6 months after the birth of the child, you must apply for a benefit at the place of work. Depending on the size of the enterprise - either to the accounting department, or to the personnel department, the personnel department. A statement is written there (a sample must be provided, but it can be found on the Internet).
Attached to the application:
- Certificate of the birth of a child in the so-called form 24 (it is issued at the registry office or the MFC upon presentation of a certificate from the maternity hospital, to replace the latter);
- A certificate from the father's place of work that he has not already received similar payments (if the woman is a single mother, then we skip this item);
- Passport (plus a photocopy) of the applicant parent;
- Original and copy of the child's birth certificate.
After you have written an application and given it to your place of work, payments must be assigned within 10 calendar days, and transferred on the next payday.
If something went wrong
The first step is to contact the accounting department of your company. Suddenly there was some kind of incomprehensible unforeseen delay, and payments will be received shortly. Although this is also not legal, but a rare woman will complain to the official authorities in this case. She has no time for scandals.
But if you are constantly deceived, refer to non-existent practices, they say, first the sick leave for pregnancy and childbirth should be closed, or you need to wait until the FSS first transfers the money …., It's time to act.
Procedure if money is not transferred from work for the birth of a child
- Write in duplicate a statement to the employer with a description of the situation and a request to transfer money. Do not get hung up on the form in which it should be drawn up, the main thing is the fact itself. But the document, of course, should reflect what type of benefit you expect, what date you yourself have submitted all the necessary documents. And it is necessarily written that in accordance with Art. 15 of the Federal Law of the Russian Federation No. 255, the employer violated the payment deadline.
- Give one copy to the employer at the secretariat and demand that you be given a paper that the application is accepted. Alternatively, you can send it by registered mail.
- Simultaneously with point 2, you apply to the FSS, this can be done via the Internet in the "Electronic reception" section.
- It will not be superfluous to write a statement to the prosecutor's office and the labor inspection (the first is more effective, law enforcement officers are obliged to start an investigation into your case, their leverage over the employer is stronger).
At any stage, the employer can change his mind and transfer the money. You, according to Art. 236 of the Labor Code of the Russian Federation, you also have the right to demand compensation for delayed payments.
