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IT IS REGISTERED

in Ministry of Justice of the Russian Federation

July 8, 2010

Registration No. 17764

ORDER OF THE MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION

of June 8, 2010 No. 428n

About approval of explanation about obligatory insurance coverage for compulsory social insurance on case of temporary disability and in connection with motherhood of heads of the organizations which are their single founders (participants), organization members and owners of its property

According to Item 1 of the order of the Government of the Russian Federation of October 17, 2009 N 826 "About the edition of explanations on uniform application of the Federal Law "About Compulsory Social Insurance on Case of Temporary Disability and in connection with Motherhood" (The Russian Federation Code, 2009, N 43, 5076) I order to the Art.:

Approve explanation about obligatory insurance coverage for compulsory social insurance on case of temporary disability and in connection with motherhood of heads of the organizations which are their single founders (participants), organization members and owners of its property according to appendix.

 

Minister T. Golikova

Appendix

to the order of the Ministry of Health and Social Development of the Russian Federation of June 8, 2010 No. 428n

Explanation about obligatory insurance coverage for compulsory social insurance on case of temporary disability and in connection with motherhood of heads of the organizations which are their single founders (participants), organization members and owners of its property

1. According to parts 2 and 4 of article 2 of the Federal Law of December 29, 2006 N 255-FZ "About compulsory social insurance on case of temporary disability and in connection with motherhood" (The Russian Federation Code, 2007, N 1, Art. 18; 2009, N 30, the Art. 3739) (further - the Federal Law of December 29, 2006 N 255-FZ) persons which are subject to compulsory social insurance on case of temporary disability and in connection with motherhood according to the Federal Law of December 29, 2006 N 255-FZ are insured persons, insured persons have the right to obligatory insurance coverage for compulsory social insurance to case of temporary disability and in connection with motherhood (further - insurance coverage) in case of observance of the conditions provided by the specified Federal Law, and also the Federal Law of May 19, 1995 N 81-FZ "About public welfare payments to the citizens having children" (The Russian Federation Code, 1995, N 21, Art. 1929; N 48, of Art. 4566; 1996, N 26, Art. 3028; N 49, of Art. 5489; 1997, N 1, Art. 3; 1998, N 30, Art. 3613; N 31, of Art. 3812; 1999, N 29, Art. 3692; 2000, N 29, Art. 3002; N 33, of Art. 3348; 2001, N 23, Art. 2284, 2285; N 53, of Art. 5017; 2002, N 30, Art. 3033; 2004, N 35, Art. 3607; 2005, N 1, Art. 32; N 52, of the Art. 5591, 5594; 2006, N 50, Art. 5285; 2007, N 44, Art. 5281; 2008, N 9, Art. 817; N 29, of Art. 3410; N 30, of Art. 3616; N 52, of Art. 6236; 2009, N 30, the Art. 3739), the Federal Law of January 12, 1996 N 8-FZ "About burial and funeral case" (The Russian Federation Code, 1996, N 3, Art. 146; 1997, N 26, Art. 2952; 1998, N 30, Art. 3613; 2000, N 33, Art. 3348; 2001, N 23, Art. 2282; 2002, N 30, Art. 3033; N 50, of Art. 4931; 2003, N 2, Art. 160, 167; N 27, of Art. 2700; 2004, N 35, Art. 3607; 2005, N 1, Art. 25; N 17, of Art. 1482; 2006, N 43, Art. 4414; 2007, N 1, Art. 26; N 27, of Art. 3213; 2008, N 29, Art. 3418; N 30, of Art. 3616; N 49, of Art. 5736; 2009, N 1, Art. 17; N 30, of Art. 3739; N 48, of the Art. 5720).

2. According to Item 1 of part 1 of article 2 of the Federal Law of December 29, 2006 and in connection with motherhood persons working according to employment contracts are subject to N 255-FZ compulsory social insurance on case of temporary disability.

Persons working according to employment contracts for the purpose of the Federal Law of December 29, 2006 N 255-FZ, persons which signed in accordance with the established procedure the employment contract from the date of are recognized from which they shall get to work, and also persons which are actually allowed to work according to the labor law (part 5 of article 2 of the Federal Law of December 29, 2006 N 255-FZ), that is entered employment relationships.

As appears from article 16 of the Labor Code of the Russian Federation (Russian Federation Code, 2002, N 1, Art. 3; 2006, N 27, the Art. 2878) (further - the Code), employment relationships which result from election to position, position assignment or approval in position are characterized as employment relationships based on the employment contract.

According to article 17 of the Code employment relationships based on the employment contract as a result of election to position arise if election to position assumes accomplishment by the worker of certain labor function.

Employment relationships arise based on the employment contract as a result of position assignment or approval in position in the cases provided by the labor law and other regulatory legal acts containing regulations of labor right or the charter (provision) of the organization (article 19 of the Code).

Signs of employment relationships are enshrined in article 15 of the Code according to which employment relationships - the relations based on the agreement between the worker and the employer on personal accomplishment by the worker for a fee of labor function (works on position according to the staff list, professions, specialties with indication of qualification; specific type of the work charged to the worker), subordination of the worker to employment policies and procedures when providing with the employer the working conditions provided by the labor law and other regulatory legal acts containing regulations of labor right, the collective agreement, agreements, local regulations, the employment contract.

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