Publication date: 16.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
In connection with the rapid development of technologies and digital transformation in various spheres of social life, including the sphere of medical insurance and social protection, there is a need to adapt the legislation to modern realities. In order to ensure greater availability and efficiency of providing financial support to insured persons in case of incapacity for work, a system of electronic incapacity for work certificate is introduced.
legal analysis of the situation
According to the current legislation, the provision of financial support to insured persons in case of incapacity for work is based on the presentation of a medical certificate confirming the fact of temporary incapacity for work. However, such a system has its drawbacks, in particular, the possibility of loss or damage of paper documents, as well as delays in their receipt and processing.
Introduction of an electronic letter of incapacity for work
To solve these problems, it is proposed to introduce an e-mail of incapacity for work, which will be stored in digital format on a special e-portal. The appointment of material support to the insured person will be carried out on the basis of the information contained in the e-mail.
Legal norms
The introduction of an electronic letter of incapacity for work is based on the following legal acts:
The Law of Ukraine "On Compulsory State Social Insurance", which regulates the procedure for providing financial support in case of incapacity for work.
The Law of Ukraine "On Electronic Documents and Electronic Document Management", which defines the legal basis for the use of electronic documents.Resolution of the Cabinet of Ministers of Ukraine "On approval of the Procedure for maintaining an electronic letter of incapacity for work", which establishes rules and procedures for storing and processing an electronic letter.
Consultation of a lawyer and written consultation of a lawyer
Before implementing the system of electronic incapacity for work, it is recommended to get a lawyer's advice on the compliance of this step with the current legislation, as well as a lawyer's consultation on the practical implementation and protection of the rights of insured persons.
Analysis of documents
Before the introduction of the electronic sick leave system, it is necessary to conduct a detailed analysis of the relevant legal acts to ensure their compliance and determine the need to make changes to the existing legal acts.
Data protection and privacy
One of the key aspects in the implementation of an electronic letter of incapacity for work is to ensure the protection and confidentiality of the personal data of insured persons. In accordance with the legislation on the protection of personal data, it is necessary to define encryption mechanisms and limit access to information in an e-mail, as well as to ensure protection against unauthorized access and abuse. This approach will ensure users' trust in the system and reduce the risk of violating the privacy of their personal data.
Conclusion
The introduction of an electronic form of incapacity for work to assign financial support to insured persons is a step towards a modern and effective system of social protection.At the same time, it is necessary to comply with the requirements of the current legislation, to obtain the advice of a lawyer and lawyer, as well as to analyze the relevant documents before implementing this system.
