In the BOE of January 5, 2023, the RD 1060 / 2022, which modifies RD 625/2014 of July 18, regulating certain aspects of the management and control of temporary disability processes (IT) in the first 365 days. The modification aims to eliminate "bureaucratic processes and use telematic means to achieve a greater degree of effectiveness and efficiency in public management."
The most relevant change is the direct communication by the administration to the company of the medical reports of registrations and dismissals, in such a way that as of April 1 (date of entry into force) the worker's obligation to deliver the corresponding parts to the company within three days disappears, thus avoiding the worker presenting the physical part to the company.
As stipulated in this Royal Decree in its article 7.2, the National Institute of Social Security (INSS) will communicate merely administrative data to companies. The elimination of the parts in physical support will suppose a workload in the management of the company, since it must control daily the communications made by the administration, communication that will be carried out electronically to the RED user through the FIE files. of companies, but...
What are these FIE files?
These files essentially report the deregistration, confirmation and registration reports that have been transmitted by the public health service, and that are included in the INSS database, which allows when presenting the social security payments , it is possible to know the status of the IT situation of the workers and to be able to reconcile the data provided to the company and that must be in accordance with what is included in the contribution data reports.
This service is configured as a secure, agile communication channel that is easy to incorporate into payroll management applications, and which in principle helps not only to comply with social security obligations but also to avoid incidents in reconciliation in the sections with social security.
A priori and from the point of view of the administration, it is an easy and secure communication tool, but what will happen when a report is issued and the incident is not recorded?
Previously, the physical part made it possible to minimize any type of incident in this sense, since it allowed to have the real certificate issued by the doctor of the temporary disability process of a worker in the event of any administrative error, with which it could be corrected through the ACCREDIT channel enabled by the INSS.
Also add that the obligation to continue submitting through the RED system and within three business days from receipt of the notice of withdrawal, the data determined in the ministerial order and that is pending development. , with which the company (or its advisers) must communicate the economic data for the payment of the benefit.
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The Royal Decree also includes other modifications. On the one hand, the possibility is introduced that, in any of the processes contemplated in the standard, the doctor can set the corresponding medical review in a period less than indicated in each case.
Also, the possibility of that the company communicates to the administration the additional data that it needs for the management and control of the situation of temporary disability and the benefit corresponding to it, without the need for the prior presentation of the report by the worker.
In summary, and considering the most relevant change from my perspective, the FIE files, which began as a medium-term project, have come to stay definitively, with which the processes will have to be controlled, communicated to the company and later send the data. financial for the payment of the benefit; bureaucratic reduction that, once again and as demonstrated in the pandemic, benefits the worker and not the companies.
Eduardo Belenguer Navarro
Work Area Collaborator of Tomarial
