Not required for certification. Regulations on personnel certification

For certain categories of employees, certification is a mandatory procedure, and it is regulated in detail by special regulations. Most employers independently decide whether to conduct certification of employees or not. In case of a positive decision, management will first of all need to: adopt local regulations, determine the goals and objectives of certification, the procedure for its implementation, and criteria for assessing the qualifications of employees. This article will help employers who decide to conduct an assessment in their company to take the first step in organizing this rather complex process.

The concept of certification of workers according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation does not have a special chapter or at least an article dedicated to certification. The term itself is used in the text of the Code in several meanings.

So, in paragraph 3 of part 1 of Art. 81 of the Labor Code of the Russian Federation refers to periodic verification of personnel qualifications, the results of which may serve as grounds for their dismissal at the initiative of the employer.

Part 10 Art. 332 of the Labor Code of the Russian Federation provides for an assessment of scientific and teaching staff in order to confirm their suitability for the position held. Such an assessment is possible before the expiration of the term for election by competition or during the period of validity of the urgent employment contract.

• welders and welding production specialists,
• specialists from management companies and specialized depositories mutual funds,
• professional accountants,
• auditors,
• specialists from investment institutions,
• executive managers and specialists of transport enterprises,
• rescuers,
• pedagogical and managerial government officials, municipal institutions and educational organizations,
• employees budgetary organizations and etc.

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Positive aspects of employee certification

Also, based on the results of the knowledge test, the employer can:

• evaluate the performance of employees over the past period to decide on their incentives;
• determine the need for advanced training, vocational training or retraining of individual employees;
• make career plans, get Additional information about their abilities and preferences;
• identify candidates for personnel reserve and etc.

Ultimately, testing knowledge leads to decision making:

• on maintaining the worker’s previous position,
• about his promotion up the career ladder,
• about the need for advanced training, training or retraining;
• about dismissal (if his qualifications are recognized as not corresponding to the position held).

The assessment also allows the employer to:

• explore the potential capabilities and abilities of personnel;
• identify deficiencies in their training and education;
• check the current one is correct personnel policy and etc.

Of course, it is unacceptable that the hidden purpose of conducting certification is the dismissal of unwanted employees. In the event of a dispute, such dismissal may be considered illegal and unjustified with all the ensuing consequences.

Tasks of employee certification

As for certification tasks, they usually reflect the industry or professional specifics of the organization’s activities.

Regulations on the procedure for certification of employees holding scientific positions teaching staff, approved by order of the Ministry of Education and Science of Russia dated August 6, 2009 No. 284, among such tasks it names “rational use of educational and creative potential workers."

The procedure for certification of pedagogical and managerial employees of state and municipal educational institutions, approved by order of the Ministry of Education and Science of Russia dated March 24, 2010 No. 209.

“Stimulating targeted, continuous improvement of the level of qualifications of teaching staff, their methodological culture, personal professional growth, their use of modern pedagogical technologies.”

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The following tasks may be specified in the Certification Document:

• objective, comprehensive and complete assessment of results labor activity and establishing their compliance with the positions held;
• formation of highly qualified staffing organizations, stimulating his professional growth;
• identifying personnel whose qualification level allows them to be included in the personnel reserve for promotion;
• determination of the need for advanced training, professional training and retraining.

We believe that defining the goals and objectives of certification should not be formal.

Are principles of employee certification necessary?

We started developing the Certification Regulations in our company and stumbled already on the first section, which we decided to call “ General provisions" Is it necessary to prescribe assessment principles here, as was done in Soviet regulations?

The resolution of this issue remains at the discretion of the employer. The first chapter of a local act can indeed formulate principles. They are intended to remind the parties labor relations about the essence and main purpose of certification activities.

Clauses in regulatory documents will help to consolidate these principles in the company’s documents. In addition, it is the principles that often become guidelines in controversial situations and in the absence of appropriate regulatory regulation.

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Principles of personnel certification

Thus, the Regulations dated October 5, 1973 name the following principles:

• frequency (once every three to five years);
• mandatory for personnel whose positions are included in a special list or specified in legal acts;
• publicity, i.e. familiarization with the procedure and methodology, bringing its results to all interested parties;
• objectivity, manifested in the decision-making of the certification commission by a majority vote and the possibility of appealing its decisions, in the use of a fairly complete system of performance indicators.

Modern legal acts establish new principles.

For example, the Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision, approved. by order of Rostechnadzor dated January 29, 2007 No. 37, determines that knowledge testing is based on the principle of continuous learning, implemented during certification:

• primary (no later than one month upon appointment to a position; upon transfer to another job, if certification is required when performing official duties at this job; upon transfer from one organization to another),
• periodic (once every five years),
• extraordinary knowledge tests.

It seems that this principle is typical for testing knowledge in general. It finds expression in the cyclical nature of inspection and evaluation. business qualities employees, in conditional valuation. With it, business qualities are subject to re-testing after advanced training and acquisition of additional knowledge and skills.

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The principle of information openness of the civil service when certifying employees

Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service Russian Federation"(hereinafter referred to as the Civil Service Law) for the first time enshrines a number of measures aimed at implementing the principle of information openness civil service.

Regulations on the certification of state civil servants of the Russian Federation (hereinafter referred to as Regulation No. 110), approved. By Decree of the President of the Russian Federation dated February 1, 2005 No. 110.

According to it, the commission must include representatives of scientific and educational institutions and other organizations as independent experts on civil service issues. Moreover, their number must be at least a quarter of the total number of members of the certification commission.

Discussion of professional and personal qualities a civil servant in relation to his professional work must be objective and friendly (Article 17).

At the same time, Art. 15 of the Civil Service Law introduces certain restrictions when implementing the principle of information openness. It has been established that a civil servant is obliged to keep state and other secrets protected by law and not to disclose official information.

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Differentiation of requirements for certified personnel

Another principle of modern knowledge testing is the differentiation of requirements for test takers.

So, in accordance with Art. 2 of Regulation No. 110, testing is carried out on the basis of an assessment of professional performance. Consequently, during it only those questions that relate to it can be asked. professional activity, limited by boundaries labor function. In this case, members of the commission must be guided by the content of such local regulations as:

• job descriptions,
• labor safety instructions,
• regulations on structural divisions,
• internal rules labor regulations,
• other local regulations that are directly related to the test taker's professional activities.

In case of absence local documents characterizing the powers of a civil servant, knowledge testing may be considered illegal.

Yes, Krasnoyarsk district court Astrakhan region, considering the legality of dismissal under clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, came to the following conclusion: the assessment is untenable. At the time of testing, the commission could not decide on the employee’s suitability or inadequacy for the position held, or his business qualities, since the range of his job responsibilities was not defined by any document.

And, undoubtedly, one of the main principles of assessment was and should remain the principle of democracy. Currently, it consists of the participation of team representatives in all stages of knowledge testing. Not only during the development and adoption of a local act, preparation and actual implementation, but also decision-making based on its results.

This principle is embodied in the rule on the mandatory inclusion of a representative of the elected body of the primary trade union organization in the composition certification commission(Part 3 of Article 82 of the Labor Code of the Russian Federation). By the way, if your organization does not have a trade union, but there is another representative body of the collective, then local act mandatory participation in testing may be established.

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Frequency and timing of employee certification

When developing the Regulations, special attention should be paid to the frequency and timing of its implementation.

Thus, the Regulations dated October 5, 1973 indicate that knowledge testing is carried out periodically, once every three to five years. We believe that a local regulatory act must define a specific frequency (for example, “once every four years”) or frequency ( « no more than once every four years").

Start date of employee certification

The answer to this question is important for maintaining the intervals between these activities. It is advisable that the start date be fixed in the created LNA. This may be the day the order to conduct a knowledge test is issued or the date specified in such an order.

Next, the timing of its implementation and approval of the results should be determined. Here it is necessary to take into account many factors: the number of employees being certified, their job composition, level of qualifications, number and composition of the commission, etc.

Don't forget about the paperwork! During this period, the personnel service has to prepare a lot of documents:

• graphics,
• certification sheets,
• questionnaires,
• questionnaires,
• protocols,
• reports, etc.

A certain amount of time must be allocated for their creation and processing.

It is also possible that specific deadlines will not be indicated in the local act. For example, the head of the organization, each time an order is issued to carry it out, will determine the timing based on specific conditions. In this case, the local act must indicate that all procedural deadlines are specified in the order for the assessment.

Any enterprise strives to develop not only its business, connections, partnerships, but also to exercise appropriate control over employees. After all, they are often the face of the company. Therefore, special checks are carried out, so called « certification employees on correspondence occupied positions» . This is necessary in order to reward the best and motivate less successful employees. And in some cases, make rational personnel changes.

How to prepare for the test, who should take it, we will consider these questions in this article.

What it is?

Certification of employees for suitability for the position held is a necessary and mandatory procedure in accordance with Labor Law. However, in government institutions it is mandatory, and in private ones it is carried out at the request of the employers themselves, depending on what goals and objectives are being pursued. This is a very important event in the framework of human resources work. It shows whether the employee is professionally suitable and whether he corresponds to the position he occupies.

Who should be certified?

This check is provided for workers in the scientific field, workers in the educational sector - for example, for teachers. Those who work in science undergo this procedure at least once every few years. At the same time, no more than once every two years. Teachers undergo certification once every 5 years. In addition, certification of employees for compliance with the position held is necessary to streamline the activities of the organization. Directly concerns the one that is unsafe. So, check pass following categories:

• employees ensuring the safety of the transport system
• civil servants
• those who are responsible for the location, securing of cargo on railway transport, as well as their loading and unloading. Those workers whose activities are related to the movement of trains on railway tracks
• people who work in industry and are responsible for industrial safety
• people who run unitary institutions. Certification for these persons takes place once every three years
• as well as categories of persons defined by legislative acts. These include such specialties as firefighters, rescuers, prosecutors, and aviators.

Persons working in the economy are also checked. Including dispatchers working in the electric power industry; responsible for safe navigation; hazardous workers; those who operate in places where chemical weapons are stored and destroyed; aviation personnel; workers associated with a source of ionizing radiation; library staff; space environment personnel.

These are the main groups of people who are subject to certification. For others there is no strict order.

Legal regulation of the procedure

In today's progressive society, relationships between employees and managers have become colder and harsher. In most cases, employers try to maximize the potential of their staff. Therefore certification is necessary. She allows identify skills workers, which Maybe, hiding. Or vice versa, show inconsistency his positions. After all, the success and profitability of a company often depends on its employees. Certification – legal form checks. The assessment is carried out by a specially appointed commission.

Previously, they said that bosses and their subordinates lack competence, culture and stress resistance. Therefore, this became a kind of brake on the economic sphere. Nowadays, demands have increased. Therefore, certification has moved to a completely different stage. The legislation has expanded the circle of persons who are subject to such control.

The evaluation commission must include a representative of the Primary trade union organization.

Presence commissions speaks O democracy V labor law. All participants in this procedure are notified in advance and are also introduced to the timing and rules of its implementation. Objectivity is ensured by the composition of the commission, which is competent in a particular area. Discrimination is not permitted.

In its turn , Not pass mandatory certification:

• persons who have recently taken up their position, and their term of work is up to a year
• pregnant women. Because even if women do not pass certification, they cannot be fired, according to the Labor Code of the Russian Federation (LC)
• women with children up to three years, or those who are on maternity leave. In this case, certification is carried out no earlier than one year after the end of the restrictions.
• employees working part-time;
• signed under a fixed-term employment contract;
• those who have undergone retraining;
• appointed on a competitive basis during the year;
• Young professionals

Therefore, before you begin preparing for employee certification, it is necessary to divide who is subject to it and who is not. It is imperative to define approaches and collect materials, outline the rules and principles of certification. Such legal basis will provide legal guarantees for employees and employers.

Stages of personnel assessment

How certification should be carried out is specified in departmental and regulatory acts. Ordinary employers can draw up the order individually.

Certification passes By one system. A looks she like this way

First stage. A commission is created based on the order or instruction of the director. The composition must be agreed with the Trade Union.

It is important to remember that if there is a Trade Union organization at the enterprise, then at least one of its representatives must be on the commission.

On second stage the manager must issue an order to conduct certification and notify employees about it.

Further necessary define methods And ways carrying out certification. Evaluation criteria and tasks should be thought out to check the level of training of employees. And also determine in what sequence the assessment will take place and what will be included in the list of tasks. It is necessary to inform employees about this before starting to relieve stress and make the procedure clear and as transparent as possible for them.

On penultimate stage are summed up results. The results are recorded in the protocol, the evaluation commission must sign the protocol. After this, the document is presented to employees for review; they can express disagreement and challenge the results. When everything is ready, the commission has recorded that no violations have been identified, and the document is submitted for signature by the director.

Final stage – Adoption solutions By results certification O: appointment of new management, dismissal, salary increase, retraining, and so on. Employees must be familiar with the results and decisions made

Required documents

It is necessary to make Position O carrying out certification. The terms of certification must be specified in the Regulations. It is best to schedule a check period from three months before six months. Also For this procedures will be needed following documentation:

• Personnel certification schedule
• Attestation sheets filled out by an employee
• Attestation sheet for the manager
• Feedback from your immediate supervisor
• Employee's report on the work done between the certification period
• Commission decision
• Protocol

On almost every document, the employee must sign that he has read and agrees.

After the procedure, the commission must submit a report on this. There should be a discussion about how many employees correspond to their position and how many are not.

Based on this document, the decision of the commission, a protocol is drawn up, which reports the results of the certification

After this, a conclusion is written for the employees and a decision is made on their future fate.

Increases the chance of passing certification well visit specialized trainings, lectures, seminars. This is relevant for those enterprises where they save on employees. For example, one specialist performs different types of work while receiving only one salary. Of course, specialized seminars will help specialists cope with certification better.

In addition, you can engage in self-education. Explore aspects of the profession that you had not previously noticed. If the employee is ready, certification will happen quickly for him . Procedure lasts approximately, near hours. To ensure that the certification brings maximum benefit, follow the advice of psychologists:

• Notworry. No one will deliberately “fail” you. Perhaps, thanks to this certification, your salary will be increased;
• youcan be noted among colleagues. You will be able to prove yourself during the certification;
• Notthink bad, especially do not allow yourself to think that you are not valued;
• Certification is carried out to improve the company's performance, not to fire you
• tune infor this procedure. Remember your positive qualities, achievements in work
• if you did not pass the certification at the level you expected, dont be upset. Let this experience become useful for you in the future, and let the certification serve as motivation for training and retraining.

Personnel are the main asset for every company. The achievement of company goals depends on the quality of employee work.

To ensure that employees' performance does not deteriorate over time, it is necessary to regularly evaluate their skills, knowledge and percentage of plan completion.

What does the Labor Code of the Russian Federation tell us?

The Labor Code of the Russian Federation regulates many provisions governing the process of personnel management. The employee certification process is no exception. Thus, this document highlights special rules that allow an employer to terminate a contract with an employee if he is insufficiently qualified or does not correspond to the position he occupies.

Besides, this document obliges the employer to include a representative from the trade union organization in the commission conducting the assessment. However, this requirement applies only if the certification carried out will serve as the basis for dismissing the employee.

Other provisions regarding certification are subject to other laws and regulations depending on the industry in which the company operates.

Objectives

Certification is a regular check of an employee regarding his professional level. This is necessary in order to understand how the qualifications correspond to the responsibilities assigned to the employee.

The main purpose of the assessment procedure is checking the availability of necessary skills and theoretical knowledge of the employee, as well as business qualities and the ability to apply all available knowledge to perform the duties that are fixed in the job description and employment contract.

In addition, certification may have the purpose of assessing the results achieved by the employee. Based on all the data obtained, a development plan is most often drawn up for each specific employee.

In addition, there are a number of additional goals:

• Checking compliance with the company's corporate culture.
• Determining your place in the team and compatibility with it.
• Checking the level of employee motivation (including for career growth).
• Determining the vector of development in the company.
• Increasing the level of responsibility of the team (as well as the level of discipline).

Detailed information about this procedure and all the nuances of its implementation at the enterprise is presented in the following video:

Types and methods

During the development of such a section of management as personnel management, quite a number of a large number of methods for conducting an objective assessment of employee performance. In this case, several methods are most often combined instead of using only one technology.

Thus, among the types of personnel assessment procedures, the following can be distinguished:

• Subjective assessment by the immediate supervisor.
• Evaluation of work performance based on initially established indicators.
• The “360 degree” method is an assessment of an employee from 4 sides: manager, subordinates, colleagues, clients.
• Ranking is a comparison of the performance of employees in a department.
• Rating scale – certification based on a predetermined list of factors on a given scale.
• The open certification method consists of assessing the nature of the employee’s performance of duties.
• Conducting an assessment center (assessment center) is a technology that allows you to comprehensively assess employees using a combination of methods. The assessment center is focused on assessing professional, psychological characteristics, as well as identifying potential opportunities for development.

In addition, there are a number of types of certification:

• Next– a mandatory process for everyone, carried out once a year for managers and once every 2-3 years for ordinary employees (can be done more often).
• When moving up the career ladder– the goal is to determine the employee’s level of training in accordance with new job responsibilities.
• After passing the probationary period– a type necessary to understand whether the employee should be recommended for admission to the staff.
• When transferred to another department– is carried out only if the person will perform another range of duties.

Which employees are necessarily subject to it?

There are a number of categories of personnel that must undergo certification in mandatory. Among them are:

• Aviation personnel.
• Heads of unitary enterprises.
• Library staff.
• Personnel working in emergency services.
• Workers are procurators (primarily those who have class ranks).
• Employees engaged in hazardous work.
• Specialists working in the field of shipping, land and air transport, which are related to the need to ensure security.

Generally speaking, various pieces of legislation regulate compulsory passage assessment procedures for those specialties on which the life and health of people seriously depend.

If certification is not passed, the employer cannot fire some employees: in particular, pregnant women, single mothers and women with children under 3 years of age.

Main stages of the procedure

Certification of employees is carried out according to a fairly standard procedure (regardless of the type and method chosen). So, it includes several stages:

1. Preparatory stage– carried out by HR department specialists and consists of developing indicators for personnel assessment and preparing forms and instructions in accordance with them.
2. Person familiarization stage carrying out the certification, with its goals and objectives, progress, etc.
3. Stage of work with regulatory documents – the process of preparing everyone necessary documents to conduct an assessment and record its results.
4. Organization of certification in departments– the process is carried out by immediate managers. If the management apparatus is tested, this is done by the director of the company or his deputies.
5. Stage of reviewing materials for the assessment procedure– the point is to analyze the results obtained.
6. Decision stage– is to determine further plans for employee development, training and advanced training. Decisions are also made to change the level wages, payment of bonuses, etc.

Documents drawn up in the process

As is the case with other procedures taking place at the enterprise, during its implementation it is necessary to draw up a number of documentation. Thus, the following list of documents is exhaustive for any type of certification:

• Order from the manager on the need to conduct an assessment.
• Company regulations on the certification procedure.
• Schedule for personnel assessment.
• Attestation sheet.
• Specialized forms.

Often, the reason for conducting personnel certification is the desire to fire an employee who works extremely poorly, but at the same time does not want to be transferred to another, less qualified job and does not leave the company himself. But sometimes employee certification is carried out in order to figure out what prevents subordinates from working effectively, what training, advanced training courses they need, etc.

We tell the manager
Certification should be carried out if the company plans to downsize and you need to understand which employees to keep at work and who to transfer or fire(that is, who is more qualified and who is less) (Article 179 of the Labor Code of the Russian Federation). Even if this is already obvious, the employer will not be hindered by the relevant evidence in case the laid-off employee appeals the dismissal in court.

For whatever reasons you organize this procedure, if the company does not have a lawyer and a personnel officer, then the paperwork can be entrusted to an accountant.
We will tell you what needs to be taken into account in order to competently organize the certification and make the right decisions based on its results.

First of all - the provisions on certification

If you have an ordinary commercial organization, then the procedure for certifying your employees is not regulated by any special law or by-law normative act(such as, for example, civil servants, employees of the Fire Service of the Ministry of Emergency Situations of Russia (Order of the Ministry of Emergency Situations of Russia dated January 16, 2003 N 20) or organizations supervised by Rostekhnadzor (Order of Rostekhnadzor dated January 29, 2007 N 37)). This does not mean that certification cannot be carried out. You just need to adopt your local regulatory act - the regulation on the certification of workers (Articles 8, 81 of the Labor Code of the Russian Federation). Without it, it is impossible to make any decisions based on its results, including the dismissal of employees (Clause 3, Part 1, Part 2, Article 81 of the Labor Code of the Russian Federation; Clause 31 of the Resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2).
Remember certification- This single procedure, allowing you to dismiss an employee due to inadequacy for the position held (Clause 3, Part 1, Article 81 of the Labor Code of the Russian Federation). No other tests of knowledge and qualifications can replace it. And no other body, except for the certification commission, can recognize an employee as “unsuitable” (Definition of the Judicial Board on civil cases Penza Regional Court dated December 10, 2002 N 33-2069).

We warn the manager
If dismiss an employee based on the results of some kind of inspection other than certification, then through the court he can be reinstated at work (Decision of the Supreme Court of the Russian Federation dated 06/04/2004 N 5-В03-82; Determination of the Judicial Collegium for Civil Cases of the Penza Regional Court dated 12/10/2002 N 33-2069). In addition, the company will be obliged to pay him for the period of forced absence and, possibly, compensate for moral damages (Articles 394, 237 of the Labor Code of the Russian Federation).

From authoritative sources
Anokhin Alexey Vasilievich, Head of the Legal Department Federal service on labor and employment
"The procedure for conducting certification of employees is established labor legislation and other regulatory legal acts containing norms labor law, local regulations adopted taking into account the opinion of the representative body of workers (Part 2 of Article 81 of the Labor Code of the Russian Federation).
The need for such a procedure in relation to employees for whom there are no special regulatory legal acts for passing certification exists if the employer raises (plans to raise) the issue of dismissing employees due to inadequacy of their position or work performed due to insufficient qualifications (Clause 3, Part. 1 Article 81 of the Labor Code of the Russian Federation)".

What needs to be taken into account when developing local regulations on certification?

When developing local regulations on certification, take as a basis the old Soviet Regulations on the procedure for certification (Regulations on the procedure for certification, approved by Resolution of the State Committee for Science and Technology of the USSR N 470, State Committee for Labor of the USSR N 267 of 05.10.1973 (hereinafter referred to as the Soviet Regulations)). Despite the antiquity of this document, it has not been canceled. This means that it is valid to the extent that it does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation). The courts are of the same opinion (Decision of the Moscow Regional Court dated 06/01/2010 in case No. 33-8370; Determination of the Judicial Collegium for Civil Cases of the Penza Regional Court dated 12/10/2002 No. 33-2069).

Advice
Do not prescribe rules in your local certification regulations that will worsen the situation of your employees compared to the Soviet Regulations (Article 8 of the Labor Code of the Russian Federation). If you register them and one of the employees does not pass certification according to these rules and is fired, then the court will most likely reinstate him (Determination of the Moscow Regional Court dated 06/01/2010 in case No. 33-8370).

Taking into account the above, reflect the following points in the local certification act.

Circle of certified workers

Please keep in mind that the next certification cannot be carried out in relation to (Clause 4 of the Soviet Regulations; Determination of the Judicial Collegium for Civil Cases of the Penza Regional Court dated December 10, 2002 N 33-2069):
- pregnant women;
- women with children under one year of age;
- employees who have worked in their position for less than 1 year.
Plus, remember that along with pregnant women, another group of people with family responsibilities cannot be dismissed based on negative certification results, but in accordance with the Labor Code of the Russian Federation (Article 261 of the Labor Code of the Russian Federation):
- women with children under 3 years of age;
- single mothers raising a child under the age of 14 (a disabled child under the age of 18), and other persons raising such children without a mother.

Frequency of certification

According to the Soviet Regulations, certification can be carried out no more than once every 3 or 5 years, and if this is the certification of management employees - once every 2 years (Clause 4, 15 of the Soviet Regulations). If you deviate from this rule, the court may regard this as a worsening of the employee’s position in comparison with labor legislation (Article 8 of the Labor Code of the Russian Federation). And if an employee is fired as a result of too frequent certification (for example, annual), then in the event of a labor dispute this may become one of the grounds for his reinstatement at work by the court (Determination of the Moscow Regional Court dated 06/01/2010 in case No. 33-8370).
Please note: the Soviet Regulations regulate only regular certification, but say nothing about extraordinary certification. But if you establish in a local act the obligation of employees to undergo extraordinary certification in certain cases, then this should not be regarded as a worsening of their situation in comparison with the law. By the way, the rules on unscheduled certification are often prescribed in separate regulatory legal acts on the certification of certain categories of workers (Clause 4.1 of the Regulations on the certification of employees of bodies and institutions of the Prosecutor's Office of the Russian Federation, approved by Order of the Prosecutor General's Office of the Russian Federation dated October 30, 1998 N 74; clause 6 of the Main provisions for certification of emergency rescue services, emergency rescue teams and rescuers, approved by Decree of the Government of the Russian Federation of November 22, 1997 N 1479).
The legality of enshrining the norms on extraordinary certification in local regulations was also confirmed to us by Rostrud.

From authoritative sources
Anokhin A.V., Rostrud
"Regulations on the procedure for certification of management, engineering and technical workers and other specialists of enterprises and organizations of industry, construction, Agriculture, transport and communications (Approved by Resolution of the State Committee for Science and Technology of the USSR N 470, State Committee for Labor of the USSR N 267 dated 05.10.1973), other acts of the former USSR on this issue can be used as recommendations when developing a local regulatory act in the organization regulating certification issues.
At the same time, the presence in a local act regulating the issues of certification at a particular employer, a provision on the possibility of conducting extraordinary certification in certain cases (for example, when moving to a higher position) does not conflict with current legislation.”

So, write down in what cases an extraordinary certification can be carried out. At a minimum, indicate that it is carried out by decision of management after a decision has been made to reduce the number or staff of employees, as well as if there are significant omissions in the work of individual employees (Decision of the Supreme Court of the Russian Federation dated February 15, 2001 N GKPI00-1464).
The terms and schedule of certification are approved by the manager. They must be brought to the attention of the certified workers no later than a month before the start of certification (Clause 4 of the Soviet Regulations). Therefore, if you do not notify employees about the upcoming certification in advance, the court may regard this as a violation.

Remember that you need to have evidence confirming that the employee was notified of the upcoming certification.

Procedure for certification

Write down the detailed procedure for conducting it in the local certification regulations. Include the form in which it is carried out (oral or written - by performing a test, etc.).

Forming an attestation commission

The manager, by his order, forms a commission from among senior officials and highly qualified specialists. It consists of (Clause 5 of the Soviet Regulations; Article 82 of the Labor Code of the Russian Federation):
- chairman;
- secretary;
- members of the commission;
- trade union representative (if you have one).
The surname composition of the certification commission can also be approved by an order to conduct certification.
In the certification regulations, do not forget to specify what decisions the certification commission makes (Clause 7 of the Soviet Regulations):
(or) about the employee’s suitability for the position held;
(or) on the employee’s suitability for the position, subject to improvement of work and implementation of the commission’s recommendations with re-certification after a year;
(or) about the employee’s inadequacy for the position held.
The results of the certification must be announced to the employee being certified immediately after the voting results have been tabulated.
At least 2/3 of the number of members of the approved composition of the certification commission must participate in the certification and voting (in the absence of the employee). The voting results must be determined by a majority of votes, and in case of equality of votes in assessing the performance of the certified employee, he must be recognized as corresponding to the position held (Clause 8 of the Soviet Regulations).
Together with the local certification act, approve the form of the certification sheet, where the certification commission will enter conclusions about the certification (or non-certification) of the employee (Clause 9 of the Soviet Regulations). The certification sheet will need to be filled out during certification in two copies, and one copy will be given to the employee.

The second copy of the certification sheet, along with the review of the employee, will need to be kept in his personal file.
In addition, during certification, the secretary of the certification commission must keep minutes of its meeting in free form. The voting results must also be recorded in the protocol.
If the company has a trade union, then do not forget to take into account its opinion before approving your local regulations on certification (Article 8, part 2 of article 81, article 372 of the Labor Code of the Russian Federation; paragraph 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17. 2004 No. 2; Determination of the Moscow Regional Court dated 01.06.2010 in case No. 33-8370). Otherwise, if a trade union or employees complain to the labor inspectorate, the company and its management may be fined (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). If in such a situation someone is fired based on the results of certification, then if the dismissed person goes to court, he will be reinstated at work (Article 394 of the Labor Code of the Russian Federation).
After management approves the local certification regulations, familiarize company employees with them. It is better to specify the timing of such familiarization in the final provisions on certification. And employees hired after the introduction of the certification provision should be introduced to it when hiring (Article 68 of the Labor Code of the Russian Federation).

We warn the manager
Workers need to be familiarized with local certification regulations against signature (Article 22 of the Labor Code of the Russian Federation). If this is not done, then the dismissal of an employee based on the results of certification will be considered illegal (Determination of the Moscow City Court dated March 30, 2011 in case No. 33-8582).

Before certification

For each employee being certified, his immediate supervisor must prepare a written review (characteristic) in advance. The review must reflect the characteristics production activities employee, qualifications, compliance with labor discipline. It is better to immediately approve the review form by local regulations on certification.

The review must be submitted to the certification commission no later than 2 weeks before certification (Clause 6 of the Soviet Regulations). Otherwise, when challenging the dismissal, the court may find that the commission did not have objective information about the employee and his performance indicators before the meeting. This, along with other violations committed by the employer during certification, may become the reason for the reinstatement of an employee dismissed as a result of such certification (Determination of the Moscow Regional Court dated June 1, 2010 in case No. 33-8370).
The employee himself must also be familiarized with the feedback submitted to him no later than a week before the certification (Clause 6 of the Soviet Regulations).
Already at the meeting, the certification commission hears a report from the certified employee about his work. If the employee does not appear at the meeting without good reasons, then the commission has the right to conduct certification in his absence (Clause 7 of the Soviet Regulations). This should be further enshrined in the local certification act.
But Rostrud does not recommend prescribing in local regulations the rule that if an employee does not appear for certification without good reason or refuses to undergo it, then he is recognized as uncertified.

From authoritative sources
Anokhin A.V., Rostrud
“The Labor Code provides as grounds for termination of an employment contract at the initiative of the employer the inadequacy of the employee for the position held or the work performed due to insufficient qualifications confirmed by the results of certification (Clause 3, Part 1, Article 81 of the Labor Code of the Russian Federation). Dismissal of an employee due to this basis it is permissible if the employee’s inadequacy for the position held due to his insufficient qualifications is confirmed precisely by the results of certification.
Thus, the Labor Code does not provide for the dismissal of an employee on the specified grounds without certification.
The fact of failure to appear for certification or the employee’s refusal to undergo it is not identical to the fact of receiving a negative result during certification. The inclusion of such provisions in a local regulatory act regulating certification issues will not fully comply with current legislation."

We formalize management decisions based on the results of certification

The certification sheets for employees completed by the commission must be transferred to the head of the company for making personnel decisions.
Do not forget to enter the results of employee certification in section. IV personal card in form N T-2 (Approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1).

Attention! If the certification commission has come to the conclusion that the employee is suitable for the position held or the work performed, then it is impossible to dismiss him as not corresponding to the position (Clause 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2).

If the certification sheet contains the commission’s conclusion that the employee is unsuitable for the position held and the manager does not want to leave him in this position, then we do so.
Step 1. We offer the employee a transfer to another job (corresponding to qualifications or requiring lower qualifications (Article 81 of the Labor Code of the Russian Federation)).
Please note that the employer has no obligation to offer the employee temporarily vacant positions (for example, occupied by persons on parental leave). Such positions are not considered vacant, which is confirmed by the courts (Determination of the Moscow City Court dated August 19, 2010 in case No. 33-26128).
Step 2. Depending on the employee’s decision:
(or) if he agrees to the transfer, we draw up an additional agreement to his employment contract and issue an order for the transfer in the unified form N T-5;
(or) if he refuses the transfer, we receive such a refusal in writing and formalize his dismissal. To do this, we issue an order to terminate the employment contract in the unified form N T-8 (Approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1).
If there are no suitable vacancies in the company, you can immediately prepare documents for the dismissal of an employee (Clause 3, Part 1, Article 81 of the Labor Code of the Russian Federation).
Keep in mind that it is impossible to dismiss an employee based on the results of certification while he is on vacation or on vacation (Article 81 of the Labor Code of the Russian Federation). But if you first issued an order to dismiss an employee, and the employee took sick leave on the same day, then you do not need to cancel the dismissal order. In this case, the company is only obliged to pay former employee period of temporary incapacity for work (Part 2 of Article 5 Federal Law dated December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”; Determination of the Moscow Regional Court dated June 1, 2010 in case No. 33-8370).

Note
If the employee is a member of a trade union, then before dismissing him, the opinion of the trade union must be taken into account (Articles 82, 373 of the Labor Code of the Russian Federation).

We warn the manager
All personnel decisions in relation to the employee(both about transfer and dismissal) may be accepted only within 2 months from the date of certification (Clause 12 of the Soviet Regulations).

Do not forget to make entries about transfers and dismissals of employees in their work books (Clause 4 of the Rules for maintaining and storing work records, production of work book forms and provision of them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 N 225) and in personal cards of employees in form N T-2.
If an employee is fired, the entry in his work book should look like this.

Job details

You can also write: “Dismissed due to inadequacy of the position held due to insufficient qualifications, confirmed by certification results, paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation” (Clause 5.2 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated 10.10.2003 N 69).
The employee does not have to pay severance pay upon dismissal (unless otherwise provided in the company’s collective agreement, local regulations or employment contract).

Many people do not want to bother with certification, considering this matter too troublesome and time-consuming. But if you approach this issue wisely, it turns out that organizing and conducting certification is no more difficult than any other optimization procedure in the company, for example, downsizing.

Personnel certification helps assess the qualifications of employees and weed out ineffective ones. In order for the certification results to be legal, a number of requirements must be met.

Why conduct a personnel assessment?

Personnel certification in commercial organizations not required. However, we recommend doing it, because this way you can:

• assess the level of qualifications of employees (see how to improve staff qualifications );
• form a personnel reserve
• carry out a reasonable reshuffle of personnel;
• motivate employees for professional growth;
• may serve as a basis for terminating an employment contract with an employee who does not correspond to the position held.

For which employees is certification required?

The labor legislation of the Russian Federation obliges certification of only certain categories of workers:

• heads of federal state unitary enterprises;
• library workers;
• rescuers;
• civil servants;
• aviation employees;
• employees whose activities are related to ensuring the safe operation of vehicles;
• teaching staff;
• customs officials;
• workers working at hazardous production facilities, etc.

Procedure for personnel certification

The legislation of the Russian Federation has not established the procedure for certification of employees. In order for an employer to be able to terminate an employment contract with an employee if his qualifications do not correspond to the position held, it is necessary to develop a local regulatory act regulating this process (for more details, see how to pay compensation upon dismissal by agreement of the parties ). It could be documented procedure(if the company has implemented Quality Management System ), regulations or any other document at the discretion of the employer. You can prescribe the procedure for evaluating employees in the internal labor regulations. Be sure to indicate the obligation to undergo certification in the employee’s employment contract, and also do not forget about job responsibilities. The quality of their implementation will be assessed by the certification commission.

What to include in local regulations

Purpose of personnel certification. For each company it can be different: assessing the qualifications and professional skills of the employee, determining the direction of the employee’s development for the next period, etc.

Frequency. For government employees, the period is once every three years. Certification may take place more often, but it may be regarded as a worsening of the workers’ situation. In addition, the certification procedure requires certain resources, so conducting it more often than once every three years may be impractical.

Categories of workers subject or not subject to assessment. There are no restrictions for commercial companies. However, we recommend excluding from this list pregnant women and workers on maternity leave, workers probationary period who have worked in their position for less than a year and have reached the age of 60 years.

The composition of the certification commission or the procedure for its formation. Include at least three people on the commission (their number must be odd). Appoint a chairman and secretary. The composition may include the head of the personnel service, managers structural divisions, whose employees are certified. Do not forget to include a member of the primary trade union organization (if there is one) in the composition (Part 3 of Article 82 Labor Code RF).

Certification form. Depends on the characteristics of the position being assessed.

She may be:

• oral (in the form of an interview – individual or collegial);
• written (in the form of testing, questioning, solving professional problems);
• in the form of a practical task (relevant for production workers);
• for workers in the field of culture and art - viewing and discussing the results of creative activities (concerts, rehearsals, works visual arts and etc.).

Employee evaluation criteria. First, professional competence is assessed. Indicate what is being taken as a basis job description, requirements for the position professional standard And qualification directory(if they are designed for this profession).

Secondly, performance efficiency: the quality of the work performed, independence in decision-making or creativity. During certification, check how the employee copes with the responsibilities assigned to him. Using this evaluation criterion, the employer will be able to make a decision on personnel transfer.

Another criterion is corporate competence. Does the employee understand the goals and objectives of the company, does he support the development strategy, and how does his communication with colleagues go? Note the personal qualities inherent in the certified employee and necessary for this position.

Types of decisions made based on the results of certification, as well as the timing of their implementation I. You should not delay the implementation of the decisions made: maximum – 1–2 months.

It is advisable to approve by local regulations the forms of the order, certification sheet, protocol and other documents generated during the certification procedure.

All employees must be familiarized with the local regulations upon signature.

Employee certification procedure

1. Issue an order for certification. Reflect in it the purpose of certification, timing, and composition of the certification commission. Appoint persons responsible for conducting the certification.

2. Attach to the order a certification schedule and a list of employees subject to certification.

3. Familiarize all persons involved in the certification procedure with the order for signature.

Sample order for personnel certification

ORDER

Saint Petersburg

About certification

In order to establish compliance with the position held, increase work efficiency and rational placement of personnel, as well as on the basis of the Regulations on the certification of employees of Romashka LLC, approved on April 18, 2016.

I ORDER:

1. Conduct a scheduled certification of employees of the Financial Department during the period from September 31, 2016 to December 2, 2016.

2. To the HR Director N.S. Sidorova:

2.1. Compile, by September 12, 2016, lists of employees of the Finance Department and Accounting Department who are subject to certification.

2.2. Draw up a schedule for the certification of workers specified in clause 2.1 of the order in the form (Appendix No. 1).

2.2.1. Submit the certification schedule for approval by September 16, 2016.

2.3. Familiarize employees subject to certification with the approved certification schedule against signature by September 23, 2016.

2.4. Distribute the submission form (Appendix No. 2) to the heads of the Finance and Accounting departments within two days after approval of the schedule. After receiving submissions and additional materials from department heads, formulate them and submit them to the certification commission for review.

3. Form a certification commission consisting of:

5. Within a week, provide the chairman of the certification commission with the final protocol and materials of the certification commission for approval.

6. Secretary of the head Minina A.S. familiarize all employees specified in this order with this order.

7. I reserve control over the execution of the order.

General Director I.I. Ivanov

4. Generate a certificate of compliance for the certified employee qualification requirements. Indicate in it the surname, first name and patronymic of the employee, position, department, date of birth, information about education and advanced training, period of work in the certified position, total length of service, date of certification. Sign with the manager personnel service and inform the employee. This is initial information that may influence decision-making based on the certification results.

5. It will be great if the immediate supervisor forms an idea (characteristic or review) of the employee being evaluated. It is advisable to reflect in it the degree of efficiency in performing professional tasks, the business and personal qualities of the employee and other information that the manager deems necessary. Familiarize the employee with this document and sign it.

6. Document the certification of each employee with a protocol. Record in it information about the date of certification, the members of the certification commission present, the full name and position of the employee being certified, and the certification form. Attach to the protocol a certificate, feedback from the supervisor, and the results of the certification task.

7. Indicate in the protocol the decision made based on the results of the certification. Their complete list should be recorded in a local regulatory act:

• the employee is suitable for the position held;
• the employee is suitable for the position held and is recommended for transfer in order of promotion;
• the employee corresponds to the position held and is recommended for inclusion in the personnel reserve;
• the employee is not suitable for the position.

Sample certification protocol

Society with limited liability"Chamomile"

PROTOCOL

meetings of the certification commission

Saint Petersburg

Agenda:

1. Certification of Daria Petrovna Ilina, accountant of the highest category, Accounting department.

2. Making a decision based on the results of certification.

Present:

Chairman of the commission: Sidorova N.S.

Members of the commission: Davydova I.K., Petrova M.V., Sergeeva E.S., Andreev N.O.

Secretary: Nikolaeva T.I.

Certified: Ilyina D.P.

LISTENED TO:

Ilyin D.P. – conducting certification in the form of written testing on issues relevant job responsibilities holding the position of “accountant of the highest category”.

Davydov I.K. – read out the manager’s presentation about D.P. Ilina.

Documents provided:

– certificate of compliance with qualification requirements (Appendix 1);

– presentation of the manager (Appendix 2);

– test results by Ilyina D.P. (Appendix 3).

DECIDED:

– Chairman of the Attestation Commission – Sidorova N.S., HR Director

– members of the commission – Davydova I.K., head of the personnel department;

– Petrova M.V., head of the financial department;

– Sergeeva E.S., Chief Accountant;

– Andreev N.O., chairman of the primary trade union organization;

– Secretary – Nikolaeva T.I., HR specialist.

Reviewed by: – Ilyina D.P.

What to consider if you want to fire an employee based on certification results

There are a number important point, which should be taken into account if, after certification, you decide that the employee is unsuitable for the position held and terminate the employment contract in accordance with paragraph 3 of Article 81 of the Labor Code of the Russian Federation. For dismissal to be legal, the results of personnel certification must be indisputably objective and confirm the lack of qualifications of the employee. You are also obliged to offer the employee everything available in the company in the given area. vacant positions, corresponding to his qualifications taking into account his state of health.

Attached files

• Sample order for certification.docx
• Sample certification protocol.docx