Competition for filling a vacant position as a basis for concluding an employment contract with civil servants. We are holding a competition to fill a vacant position

Real estate 27.05.2020

Applicants in government and municipal organizations are selected somewhat differently than in commercial structures. The process is regulated by Federal Law No. 79 of July 27, 2004. This law covers the principles, classification of positions and labor Relations in the field civil service.

A vacant position is workplace, which is listed in staffing table, but no one is busy. There is no clear definition of this concept in the laws. However, not every position for which an employment contract has not been concluded can be considered vacant. In paragraph 10. Resolution No. 2 of the Government of the Russian Federation states that the employer is not obliged to immediately fill vacancies as soon as they arise. The head of an organization has the right not to enter into an employment contract.

If we look deeper into the question of which positions are vacant, we should also find out what the law says about positions held by employees who are on long-term vacation or parental leave. They are clearly considered employed, since they have entered into an employment contract with the employees, and they can return to work at any time.

Procedure for entering the civil service

To enter the government service, you need to pass a competition. For example, they hold a competition to fill a vacant municipal service position. The essence professional selection consists of assessing the professional level of candidates and their compliance with the requirements imposed by law (Federal Law No. 79, Presidential Decree No. 112). The Decree talks about how to conduct a competition for replacement vacant positions civil service, and what requirements apply to candidates.

At the beginning of the year, a local act is formed to form a competition commission. Members of the commission evaluate the candidates who have submitted documents and make a decision on acceptance or refusal. Candidates are assessed based on education, experience working in government agencies, test results and interviews. Other tests related to the performance of duties in the required specialty may be provided.

The competition is held in several stages:

Making a decision to hold a competition.
Placing an advertisement for accepting documents from candidates. This stage is preparatory. Information about upcoming tests is posted on the official website of the government agency. The advertisement indicates the name of the vacancy, requirements for applicants, place and deadlines for accepting documents, and a list of required documents.
Collecting responses from applicants. At this stage, candidates provide a personal statement, questionnaire, copies of their passport and employment certificate, and a certificate of absence of diseases that will prevent them from performing their duties.
Conducting competitive tests. This is the main stage at which committee members evaluate candidates.
Selecting the winner. In this case, a rejected applicant has the right to appeal the decision (Clause 2 of Article 22 of Federal Law No. 79).
Issuing an order for the appointment of an employee and concluding a service contract with him.

The law established cases when a competition is not held:

For the categories “manager” and “assistant” (advisor).
For leadership positions who are appointed by law by the President or the Government of the Russian Federation.
When a fixed-term service contract is concluded.
When filling another vacancy specified in Part 2 of Article 28, Part 1 of Art. 31 and part 9 of Art. 60.1 Federal Law No. 79 of the Russian Federation.
When appointing a citizen from the reserve to the workplace.

Requirements for candidates to fill vacant positions

Anyone can apply for service in government agencies of the Russian Federation if they:

over 18 years old;
speaks the state language of the Russian Federation;
complies with the requirements of Federal Law No. 79 regarding qualifications.

Qualification requirements:

education;
experience in the specialty and in government agencies;
professional knowledge and skills.

For applicants for the post of “manager”, “assistant” (advisor), “specialist”, a higher education is required. For “providing specialists”, secondary vocational education in the field of activity is required.

Requirements for work experience in government agencies or in a specialty are established by the President of the Russian Federation by his Decree (for federal-level specialists). For employees of government agencies in the regions - local regulations.

Requirements for knowledge and skills are established by each body through publication local act. This document prescribes provisions that correspond to the goals and objectives of a specific structure.

Restrictions on entering the civil service

The legislator outlined the reasons why a citizen cannot apply for a job in government agencies. These are reasons such as:

Incapacity or limitation thereof (recognized by the court).
Having a criminal record, including one that has not been expunged or expunged.
Refusal to undergo the procedure for obtaining access to information that constitutes a state secret.
A conclusion confirmed by a medical board about a disease that is an obstacle to work.
Close relationship with the future boss. We are talking about parents, spouses, children, brothers, sisters. This list also includes brothers, sisters, parents, children of spouses and children's spouses.
Renunciation of Russian citizenship and adoption of citizenship of another state.
Providing false documentation or incorrect information.
Failure to provide information (or provision of false information) regarding income and property necessary to combat corruption by Federal Law No. 79 and Federal Law No. 273.
Failure to pass military service on call without good reason(exception - service on a contract basis).

Probationary period for admission to the state civil service

In addition to the competition, for the person who decided to knit professional activity with state or municipal structures, provided probation. This is mandatory for those who are starting to work in such bodies for the first time. The trial lasts from a month to a year. Its purpose is to check the employee's suitability for the position held. This procedure begins the direct performance of duties for the vacant position.

In government agencies, the test can be established based on the results of a competition, but for those wishing to work in municipal government structures, it is not provided.

If a citizen previously served in the civil service or is transferred from another government agency, the maximum period will be six months.

For some people the test is not carried out. These include:

Citizens with secondary specialized education under a training program for mid-level specialists or with higher education By intended purpose(with the obligation to continue serving in the civil service).
Citizens who are assigned to a new place of work in connection with a transfer from another government agency, its abolition or reduction (clause 1, part 1 of Federal Law No. 79).
Other persons and civil servants for whom the law guarantees retention of employment.

After completing the test, the employee is assigned a class rank. If the employee does not complete the procedure, the government agency representative has the right to terminate labor contract until the end of the probationary period. The employer notifies the employee of this writing no earlier than three days before dismissal. The letter must indicate the reasons for the decision.

One of the reasons for the conclusion employment contract, established by Art. 16 of the Labor Code of the Russian Federation, is election by competition to fill the corresponding position. Such a competition is held in relation to certain categories of employees in order to assess their professional level and their compliance with the established qualification requirements for the position. In this article we will consider the procedure for holding a competition with state and municipal employees and the features of concluding employment contracts with them.

The categories of employees for whose employment a competition is held are established by the Labor Code of the Russian Federation, other federal laws and regulations or charters (regulations) of the organization. Let us note that the legislative normative acts name only three categories of such workers: state civil servants, municipal employees and scientific and pedagogical workers of higher educational institutions. As for other institutions, they may provide for the procedure for concluding employment contracts on a competitive basis by local regulations - charters or regulations.

For your information. The procedure for holding the competition for teaching staff established art. 332 of the Labor Code of the Russian Federation and the Regulations on the procedure for filling positions of scientific and pedagogical workers in higher education educational institution Russian Federation, approved by Order of the Ministry of Education of the Russian Federation dated November 26, 2002 N 4114.

The Labor Code does not contain provisions on holding a competition for state and municipal employees (this is regulated by federal laws and other regulatory legal acts), but it does establish a mandatory requirement that must be observed when concluding an employment contract as a result of being elected through a competition to fill the corresponding position: labor legislation and other regulatory legal acts containing norms labor law, or the charter (regulations) of the organization must determine the list of positions to be filled through competition, and the procedure for competitive election to these positions (Article 18 of the Labor Code of the Russian Federation).

Entering the civil service

Before considering the procedure for holding a competition for state civil servants, let us note that in Art. 21 Federal Law dated July 27, 2004 N 79-FZ “On State civil service Russian Federation" (hereinafter referred to as Law No. 79-FZ) establishes the following requirements for those entering the civil service:
1. Availability of Russian citizenship. According to Art. 3 of the Federal Law of May 31, 2002 N 62-FZ “On Citizenship of the Russian Federation”, Russian Federation citizenship is understood as a stable legal connection of a person with the Russian Federation, expressed in the totality of their mutual rights and obligations. An employee also cannot be in the civil service, that is, the service contract with him is terminated if, during its completion, he renounces the citizenship of the Russian Federation or acquires the citizenship of another state (Article 16 of Law No. 79-FZ).

Note. There are higher, main, leading, senior and junior groups of civil service positions (Article 9 of Law No. 79-FZ).

2. Reaching the age of 18 years, that is, the age of majority when a citizen acquires and exercises civil rights and obligations (Article 21 of the Civil Code of the Russian Federation). Note also that age limit tenure in the civil service is 60 years, which, with the consent of the employee, can be extended by decision of the employer’s representative up to 65 years, and for an employee filling a position in the category “assistants (advisers)” established to assist the person holding a public position - until the end of the term of office of the specified persons (Article 25.1 of Law No. 79-FZ).
3. Knowledge of the state language. In accordance with the Constitution of the Russian Federation, the state language of the Russian Federation throughout its entire territory is Russian (Article 1 of the Federal Law of 01.06.2005 N 53-FZ “On the State Language of the Russian Federation”). At the same time, in the activities of state bodies, organizations, enterprises and institutions of the Russian Federation, the state language of the Russian Federation, the state languages of the republics and other languages of the peoples of the Russian Federation are used (Article 15 of the Law of the Russian Federation of October 25, 1991 N 1807-1 “On the languages of the peoples of the Russian Federation”). Thus, anyone entering the civil service in any subject of the Russian Federation must necessarily speak Russian, but this obligation in no way detracts from his right to use the official languages of his republic, which is part of the Russian Federation.
4. Compliance with qualification requirements. What does this mean? By virtue of Art. 12 of Law No. 79-FZ these are the requirements:
- to the level of professional education. Thus, for positions in the categories “managers”, “assistants (advisers)”, “specialists” of all groups of positions and “supporting specialists” of the main and leading groups of positions, it is mandatory to have a higher professional education. And for supporting specialists, senior and junior groups Civil service positions require secondary vocational education corresponding to the field of activity;
- Civil service experience. For federal civil servants, such requirements are established by decree of the President of the Russian Federation, for civil servants of a constituent entity of the Russian Federation - by the law of a constituent entity of the Russian Federation;
- to the professional knowledge and skills necessary to perform job responsibilities. These requirements are established by regulation government agency taking into account its tasks and functions and are included in job regulations civil servant. For example, qualification requirements for professional knowledge and skills of federal civil servants federal services, under the jurisdiction of the Ministry of Finance, approved by Order of the Ministry of Finance of the Russian Federation dated December 22, 2009 N 142n.
Please note that a competition for admission to the civil service is not always held. Article 22 of Law No. 79-FZ stipulates that it is not carried out:
- when appointed to those being replaced by certain period powers of civil service positions in the categories “managers” and “assistants (advisers)”;
- upon appointment to civil service positions in the “managers” category, appointment to and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation;
— when concluding a fixed-term service contract;
- when appointing a civil servant to another position in the civil service for medical reasons and in some cases when reducing positions, reorganizing or liquidating a government body (Part 2 of Article 28, Parts 1-3 of Article 31 of Law No. 79-FZ);
- upon appointment to a civil service position of a civil servant (citizen) who is part of a personnel reserve formed on a competitive basis.

For your information. Based on applications received from civil servants (citizens), a federal personnel reserve, a personnel reserve of a federal government body, a personnel reserve of a constituent entity of the Russian Federation and a personnel reserve of a state body of a constituent entity of the Russian Federation are formed. Personnel reserve is formed to replace:
— a vacant civil service position in a government agency in the order of career advancement of a civil servant;
- a vacant civil service position in another government body in order of the employee’s career advancement;
- civil service positions, the appointment and dismissal of an employee from which are carried out by the President of the Russian Federation or the Government of the Russian Federation (Article 64 of Law No. 79-FZ).

Also, the competition may not be held:
- when appointed to certain positions in the civil service, the performance of official duties for which involves the use of information constituting state secrets, according to the list of positions approved by a regulatory act of a government body, one of which is, for example, Order of the Ministry of Finance of the Russian Federation dated August 26, 2010 N 94n;
- upon appointment to civil service positions belonging to the group of junior positions.

Procedure for holding the competition

General provisions on the procedure for holding a competition to fill a vacant position of a state civil servant are contained in Decree of the President of the Russian Federation dated 01.02.2005 N 112 (hereinafter referred to as Decree N 112). Specific techniques holding competitions, the terms and procedure of the commission’s work are established by departmental legal acts. For example, the methodology for holding competitions for filling vacant positions in the state civil service, including the procedure and terms of work of the FMS Competition Commission for holding competitions for filling vacant positions in the state civil service in the FMS, was approved by Order of the Federal Migration Service of the Russian Federation dated 04/07/2008 N 91. And the procedure and terms of work The commissions and methodology for holding a competition to fill vacant positions of state civil servants in the Ministry of Finance were approved by its Order No. 49n dated April 21, 2011.
So, in accordance with Decree No. 112, the competition is held in two stages.
The first stage begins with the fact that an announcement about accepting documents for participation in the competition, as well as the following information about the competition, is posted on the official website of the government body that announces the competition:
— name of the vacant position in the state civil service;
— requirements for applicants;
— conditions for performing civil service;
— place and time of receipt of documents;
— the period before the expiration of which documents are accepted;
— expected date of the competition, place and procedure;
- other information (clause 6 of Decree No. 112).
The announcement of the acceptance of documents for participation in the competition and information about the competition may also be published in periodicals.
Within 21 days from the date of announcement of acceptance of documents, competition participants submit to the state body the documents listed in paragraph 7 of Decree No. 112:
a) a personal statement addressed to the employer’s representative;
b) a personally completed and signed application form with a photograph attached (the form of the application form is approved by Order of the Government of the Russian Federation dated May 26, 2005 N 667-r). If a civil servant participates in a competition in another government agency, he provides a questionnaire signed and certified by the personnel service of the government agency in which he holds a civil service position;
c) a copy of the passport or a document replacing it (the corresponding document must be presented in person upon arrival at the competition);
d) documents confirming the necessary professional education, work experience and qualifications - a copy work book or other documents confirming labor activity, copies of documents about vocational education. At the request of the citizen, copies of documents on additional professional education, assignment of an academic degree and academic title, certified by a notary or HR services at the place of work (service);
e) a document confirming that a citizen does not have a disease that prevents him from entering the civil service or completing it - a conclusion from a medical institution on the presence (absence) of a disease that prevents him from entering the state civil service of the Russian Federation, issued in accordance with the Procedure for undergoing medical examination, approved by the Order of the Ministry of Health and Social Development of the Russian Federation dated December 14. 2009 N 984н;
f) other documents provided for by Law No. 79-FZ, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation. For a number of positions in the federal public service, the list of which was approved by Decree of the President of the Russian Federation of May 18, 2009 N 557, provision of information on income and property is provided.

Note! A citizen (civil servant) is not allowed to participate in the competition due to his non-compliance with the qualification requirements for the vacant position, as well as due to the restrictions established for admission and passage of the state civil service. Late submission of documents (submission of them incompletely or in violation of the rules of execution) without a valid reason is grounds for refusal to accept them (clauses 10, 11 of Decree No. 112).

If a civil servant participates in a competition to fill a vacant position related to higher group positions in the civil service, the accuracy of the information provided is subject to verification (clause 9 of Decree No. 112). If circumstances are discovered that prevent a citizen from entering the civil service, the representative of the employer informs him about this in writing. In turn, an applicant who is not allowed to participate in the competition has the right to appeal this decision.

Note. If, as a result of the competition, candidates who meet the qualification requirements for the vacant civil service position for which he was announced were not identified, the employer’s representative may decide to hold a repeat competition.

The employer's representative no later than 15 days before the start of the second stage of the competition is obliged to send a message about the date, place and time of its holding to citizens (civil servants) admitted to participate in the competition.
To conduct a competition, the state body issues a legal act, according to which a competition commission is formed, operating on a permanent basis. It is also possible to form several such commissions for various categories and civil service job groups. A meeting of the competition commission is held if there are at least two candidates. The composition of the commission, as already mentioned, is determined by the legal act of the state body. It is formed in such a way as to exclude the possibility of conflicts of interest that could affect the decisions made by the commission.
At the second stage of the competition, the commission evaluates candidates on the basis of the submitted documents, as well as through competitive procedures, using methods for assessing professional and personal qualities candidates including:
— individual interview;
— questioning;
— holding group discussions;
— writing an essay or testing on issues related to the performance of official duties for a vacant civil service position.
A meeting of the competition commission is considered valid if at least 2/3 of the total number of its members is present. The results of the commission's voting are formalized in a decision. In addition, based on the results of the competition, an act of the employer’s representative is issued on the appointment of the winner of the competition to a vacant position in the civil service and a service contract is concluded with the winner. Within seven days from the date of completion of the competition, the candidate should be notified of this in writing, and within three days information about the results of the competition should be posted on the official website of the government body on the Internet. The candidate can appeal the decision of the commission.

Competition for filling a municipal service position

Federal Law No. 25-FZ of March 2, 2007 “On Municipal Service in the Russian Federation” (hereinafter referred to as Law No. 25-FZ) establishes the following requirements for candidates entering the municipal service:
- presence of citizenship of the Russian Federation (except for the case when the applicant for a municipal position is a citizen of a foreign state - a party to the international treaty of the Russian Federation, according to which foreign citizen has the right to be in municipal service);
— age at least 18 years;
— knowledge of the state language;
— compliance with qualification requirements (Article 16).
By virtue of Art. 17 of Law N 25-FZ, when filling a municipal service position in a municipality, the conclusion of an employment contract may be preceded by a competition, during which the professional level of applicants for filling a municipal service position and their compliance with the established qualification requirements for such a position are assessed. The procedure for holding such a competition is established by a municipal legal act adopted by the representative body municipality. For example, by the Resolution of the City Duma Nizhny Novgorod dated January 30, 2008 N 13, approved the Regulations on the competition for filling municipal service positions in the bodies local government of the city of Nizhny Novgorod (hereinafter referred to as the Competition Regulations).
In general, the procedure for holding a competition for filling the position of municipal employees is not much different from the procedure for holding a competition for a state civil servant. Information about the competition is also published in the form of an act on the official website of the Nizhny Novgorod City Duma no later than 20 days before the day of the competition. To conduct the competition, a competition commission is formed. Persons who decide to take part in the competition provide the commission with documents according to the list. In particular, the Regulations on the competition allow the commission to consider such documents as letters of recommendation from the place of work.
The competition is also carried out in two stages. At the first stage, a preliminary review of the submitted documents is carried out and the list of candidates is approved. After this, the secretary of the commission notifies the applicants admitted to participate in the competition at least ten days before the start of the second stage. At the second stage, the commission conducts interviews with the competition participants and makes a decision on the selection of candidates for filling the position of municipal service. The decision is made by a majority vote and documented in minutes. Within three working days, information about candidates is sent to the employer’s representative and the competition participants. Moreover, according to the Competition Regulations, the commission can recommend several candidates for a position, and the employer’s representative selects one of them and concludes an employment contract with him. Other candidates may be included in the personnel reserve.
Unlike the competition for civil servants, the obligation to post information about the results of the municipal competition on the official website is not provided for by the Regulations on the competition. The decision of the competition commission can also be appealed.

We conclude an employment contract

It is not an employment contract that is concluded with state civil servants, but a service contract - an agreement between a representative of the employer and a citizen entering the civil service or a civil servant on performing the civil service and filling a civil service position (Article 23 of Law No. 79-FZ). As mentioned above, a service contract with a civil servant is concluded on the basis of an act of a state body on appointment to a civil service position. In this case, the citizen will have to provide a package of documents necessary for concluding a contract, established by Art. 26 of Law No. 79-FZ.

Note! To fill a civil service position, either a service contract for an indefinite period or a fixed-term service contract can be concluded with a civil servant. The grounds for the latter’s conclusion are listed in Art. 25 of Law No. 79-FZ.

The service contract is concluded in writing in two copies, each of which is signed by the parties. One copy of the service contract is given to the civil servant, the other is kept in his personal file. The approximate form of a service contract is established by Decree of the President of the Russian Federation dated February 16, 2005 N 159. In addition, the content and essential terms of the contract are regulated by Art. 24 of Law No. 79-FZ.
When concluding an employment contract, a municipal employee is also asked for a package of documents established by Art. 16 Law No. 25-FZ. As for a fixed-term employment contract, since Law No. 25-FZ does not establish certain cases of its conclusion with municipal employees, in in this case should be guided by the Labor Code of the Russian Federation.
There are no special requirements in Law No. 25-FZ for the content and form of an employment contract with a municipal employee. An exception is the entry of a citizen into the position of head of a local administration: in this case, a contract is concluded with him, standard form which is approved by the law of the subject of the Russian Federation (Part 7, Article 16 of Law No. 25-FZ).
We will pay special attention to the probationary period. Does it need to be established for a state civil or municipal employee who has entered into an employment agreement (contract) as a result of election by competition?
According to Art. 70 of the Labor Code of the Russian Federation, no testing is established when hiring persons selected through a competition to fill the corresponding position, carried out in the manner established by labor legislation and other regulatory legal acts containing labor law norms. By virtue of Art. 27 of Law N 79-FZ, in the act of a state body on appointment to a civil service position and a service contract, the parties may provide for a test of a civil servant in order to verify his suitability for the position being filled. The test period is set to last from three months to one year.
The test is not installed:
- pregnant women - civil servants;
- citizens who have completed their studies in educational institutions vocational education and entering the civil service for the first time in accordance with a training contract with the obligation to subsequently undergo civil service;
- citizens and civil servants when filling civil service positions in the categories “managers” and “assistants (advisers)”, which are filled for a certain term of office;
- civil servants appointed to civil service positions by transfer in connection with the reorganization or liquidation of a government body or reduction of civil service positions;
- in other cases provided for by this federal law and other federal laws.
In this case, a civil servant appointed to a civil service position as a result of transfer from another government agency may be subject to a probationary period of three to six months. Since Art. 11 of the Labor Code of the Russian Federation states that state civil and municipal employees are subject to labor legislation and other acts containing labor law norms, with the features provided for by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation on state civil and municipal service, in this matter should be guided by Law N 79-FZ and persons elected through a competition to fill the position of a state civil servant can have a probationary period of three months to one year.
After completing the test, the civil servant, based on the results, qualifying exam a class rank is assigned, for which an appropriate monthly bonus is paid.
As for the probationary period when concluding an employment contract with municipal employees, due to the fact that Law No. 25-FZ does not provide for a probationary period, and based on Part 2 of Art. 3 of Law N 25-FZ, according to which municipal employees are subject to labor legislation with the features provided for by this law, Art. 11 and 70 of the Labor Code of the Russian Federation, the employer’s representative does not have the right to establish a probationary period when concluding an employment contract with a municipal employee, if this was preceded by a competition.

"Human Resources Department commercial organization", 2012, N 6

WE ARE CONDUCTING A COMPETITION FOR A VACANT POSITION

One of important factors The success of an organization is the competent selection of personnel. As a rule, it is carried out based on the results of an interview, which can be carried out in several stages. In essence, an interview can be called a competition conducted to assess the professional level of applicants for a certain position. Election by competition to fill a vacant position is one of the types of concluding an employment contract established by Art. 16 Labor Code of the Russian Federation. In this article we will consider the order in which such a competition can be held in commercial organizations, what documents it should be established and what its features are.

According to Art. 16 of the Labor Code of the Russian Federation, labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Labor Code.

In cases and in the manner established by labor legislation, other regulatory legal acts containing labor law norms, or the charter (regulations) of an organization, labor relations arise on the basis of an employment contract as a result of:

Election to office;

Elections by competition to fill the relevant position;

Appointments to or confirmation of positions;

Referrals to work by bodies authorized in accordance with federal law against the established quota;

A court decision on concluding an employment contract.

Also, labor relations between an employer and an employee arise when the latter is actually allowed to work with the knowledge or on behalf of the employer or his representative if the employment contract has not been properly drawn up.

To avoid confusion between the concepts of “election through competition to fill a corresponding position” and “election to a position,” let us clarify.

Such a basis for concluding an employment contract as election to a position is used, as a rule, for the management of the organization: director, members of the board of directors or other elected body. For example, according to paragraph 3 of Art. 69 of the Federal Law of December 26, 1995 N 208-FZ “On Joint-Stock Companies” (hereinafter referred to as Law N 208-FZ) sole body (director, general director) and (or) collegial executive agency(board, directorate) elected by the general meeting joint stock company, if the resolution of this issue is not within the competence of the board of directors (supervisory board). Basically, the term of office is for the elective position of director ( general director) is limited, therefore, as a result of election, a fixed-term employment contract is concluded with him.

Election by competition to fill the relevant position can be carried out for any position. These may be the positions of branch managers, deputy managers, department heads, specialists such as Chief Accountant, lawyer, etc. The legal obligation to hold a competition for filling certain positions is established for:

V civil servants - Federal Law of July 27, 2004 N 79-FZ "On

state civil service of the Russian Federation";

V municipal employees - Federal Law of October 6, 2003 N 131-FZ "On

general principles of organizing local self-government in the Russian Federation

Federation" and laws of the constituent entities of the Russian Federation;

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V scientific and pedagogical workers - Federal Law of August 22, 1996

N 125-FZ "On higher and postgraduate professional education";

V judges - Law of the Russian Federation of June 26, 1992 N 3132-1 “On the status of judges in the Russian

Federation";

V employees customs service- Federal Law of July 21, 1997

N 114-FZ "On service in customs authorities Russian Federation"; etc.

By virtue of Art. 18 of the Labor Code of the Russian Federation, labor relations on the basis of an employment contract as a result of election by competition to fill the corresponding position arise if labor legislation, other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization determine the list of positions to be filled by competition, and the procedure for competitive election to these positions.

Thus, if organizations are not subject to the norms of these or other regulatory legal acts, the list of positions and the procedure for holding a competition should be determined in the charter (regulations) of the organization. At the same time, it is not clear what provision is meant: the provision as a constituent document, since by virtue of Art. 52 of the Civil Code of the Russian Federation, a legal entity that is not a commercial organization, in addition to the charter, can act on the basis of a regulation, or a regulation as a local normative act of the organization. If this norm refers to the regulations as a constituent document, then the requirement to have a list and procedure for holding a competition creates certain difficulties for the employer of a commercial organization, since it will be necessary to make appropriate changes to the charter. But if we are guided, for example, by paragraph 3 of Art. 11 of Law N 208-FZ, the charter of a joint-stock company, in addition to the name of the company and its location, must indicate the following information:

V about the type of society (open or closed);

preferred) shares and types of preferred shares placed

society;

V on the rights of shareholders - owners of shares of each category (type);

V on the size of the authorized capital of the company;

V on the structure and competence of the company’s management bodies and procedure

their decision-making;

V on the procedure for preparing and conducting general meeting shareholders;

V about branches and representative offices;

V other provisions provided for by this Federal Law and other

federal laws.

Based on this, the charter does not regulate labor relations (with the exception of relations with the head of the company, his formation and the procedure for termination of powers), but determines legal status legal entity and the relationship between the participants and that person.

In addition, the regulation of labor relations is carried out by the Labor Code of the Russian Federation, laws of the Russian Federation and constituent entities of the Russian Federation, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, legal acts of executive authorities of constituent entities of the Russian Federation and local governments and other legal acts containing labor law norms, as well as collective contracts, agreements and local regulations containing these standards.

Note. By virtue of Art. 275 of the Labor Code of the Russian Federation, the constituent documents (agreement of the parties) must indicate the validity period of a fixed-term employment contract with the head of the organization. And if the conclusion of an employment contract is preceded by a procedure for holding a competition, election or appointment to a position, it can also be established constituent documents organizations.

The meaning of Art. 18 of the Labor Code of the Russian Federation is that the definition of the list of positions to be filled through a competition and the procedure for competitive election to these positions in the charter (regulations) gives rise to the obligation of the employer to conclude an employment contract with the person who won the competition. This obligation arises for the employer only if the list and procedure for holding a competition are determined by law, another regulatory legal act or the charter (regulations) of the organization.

Thus, the employer can establish a list of positions to be filled and the procedure for holding a competition by any local regulatory act, for example, a regulation on holding a competition approved by order of the manager.

Goals and objectives of competitive selection

So, despite the initial difficulties that the employer will have to face when developing techniques and methods of competitive testing, competitive selection of personnel to fill a vacant position has its advantages over a simple interview. The competition promotes:

Raising the prestige of the position in order to attract the most qualified employee;

Attracting more candidates;

Career growth of employees;

Objectivity in assessing candidates;

Clear organization of the admission process.

The main purpose of the competition is to select candidates most suitable for filling vacant positions that meet the qualification requirements established by the Unified Tariff and Qualification Directory, job descriptions and competition conditions.

The main objectives of the competition include the formation of a highly professional personnel and improving the selection and placement of personnel. To achieve the set objectives when establishing a competitive procedure, the following are developed:

1. Procedure for notifying about the competition.

2. The procedure for creating and determining the powers of the competition commission.

3. Mechanism and methods of conducting competitive tests.

4. Criteria for evaluating competitors based on the results of the competition.

5. The procedure for informing about the results of the competition.

Procedure for holding the competition

So, a competition for filling positions can be announced in the event of vacancies, the formation of new positions or personnel movements in the absence of a full-fledged reserve. At the same time, the organization may approve a list of employees who have the right to take the initiative to hold a competition (director of the organization, heads of departments, head of the personnel department, head of the branch, etc.).

The competition can be:

Internal - if only employees of the organization can participate in it;

External - only external applicants can take part in it;

Mixed - both participate.

Let's consider an approximate procedure for holding a competition for a commercial organization, using the provisions approved by regulatory legal acts of the Russian Federation.

So, the competition can be divided into several stages.

1. Preparatory stage. The positions for which a competition will be held are determined, an order is issued on holding the competition, the timing of its holding, the composition of the competition commission, and the tasks of the competition commission and the personnel department within the framework of the competition. After issuing the order, the competition commission, together with the personnel department, develops the procedure and criteria for competitive selection. The Commission subsequently acts on the basis of its regulations.

2. Announcement of the competition. At this stage, an announcement about the competition is drawn up, and the question of how to advertise it is decided. The advertisement can be placed on the organization’s website, various websites of vacancies and employment offers for citizens, in periodic printed publications. In addition, the search for candidates can be entrusted to recruitment agencies. If the employer expects employees of the organization to participate in the competition, information about the competition is brought to their attention by posting it on the internal website or in any other way. This work is usually carried out by the HR department. The announcement of the competition shall indicate:

Name, location of the organization and brief information about it (type of activity);

Name of the vacant position;

Requirements for the candidate;

Place and time for accepting applications with accompanying documents;

List of attached documents, requirements for their execution;

The period before which documents are accepted;

Date, time, place and procedure for the competition.

Note. The deadline by which documents are collected may not be established. In this case, the acceptance of documents ends when a sufficient number of applicants are recruited.

Documents submitted for participation in the competition include:

Personal Statement;

Personally filled out and signed application form (autobiography);

A copy of the passport or a document replacing it (the corresponding document must be presented in person upon arrival at the competition);

Copies of documents confirming the necessary professional education, work experience and qualifications;

A copy of the work record;

Copies of documents on professional education, additional professional education, assignment of an academic degree and academic title, certified by personnel services at the place of work (service);

Consent to the processing of personal data.

For your information. Processing of personal data - any action (operation) or set of actions performed with personal data using or without the use of automation tools, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer ( distribution, provision, access), depersonalization, blocking, deletion, destruction. The processing of personal data is carried out with the consent of the subject of this data for their processing (Articles 3, 6 of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data”).

3. Reception competitive bids. Their reception and registration is carried out by personnel department employees. They also provide clarification on the application and accompanying documents, check the correctness of applications and accompanying documents, and provide other assistance. It is necessary to provide each applicant with the opportunity to become familiar with the terms of the employment contract, general information and key performance indicators of the enterprise.

Before the competition, submitted documents are sometimes checked for the accuracy of the information they contain. If circumstances are discovered that prevent the filling of a vacant position, the candidate may be refused participation in the competition. Such circumstances include:

The applicant does not meet the qualification requirements for the vacant position;

Recognition of a candidate as incompetent or partially capable by a court decision that has entered into legal force;

Deprivation of his right to hold positions for which a competition is held;

The presence of a disease confirmed by a medical certificate and interfering with the performance of official duties.

If the candidate has not submitted the documents in full or has formatted them incorrectly, he may be given time to correct the errors. Otherwise, he may also be denied participation in the competition.

If, as a result of the third stage of the competition, candidates who meet the qualification requirements for the vacant position were not identified, the employer may decide to hold a repeat competition. If there are two or more candidates admitted to participate in the competition, lists of candidates are formed and all documents are submitted to the competition commission.

Participants of the competition who are admitted to the competition are sent notifications about the date, time and location of the next stage of the competition, and the rest are sent notifications about refusal to participate in the competition.

Note. The commission may also consider documents without provided for in the list, such as recommendations, characteristics from previous places of work.

4. Conducting a competition. At this stage, the competition commission evaluates the professional level of candidates and their compliance with qualification requirements. In addition, the candidate’s personal qualities, experience previous work, professional skills. The competition may also consist of several stages:

1) analysis of the submitted documents. Source documents make it possible to identify the compliance of education, qualifications, and experience practical work, personal qualities of the candidate requirements;

2) preliminary interview with candidates. As a result, a psychological portrait of each candidate is compiled and a primary assessment of his personality is given. During the interview, commission members have the right to ask the competition participants any questions related to the new job;

3) conducting testing and performing practical tasks. Candidates are subject to professional and psychological testing based on a pre-prepared list of theoretical questions compiled in accordance with qualification requirements to the position and provisions job description. Tests are used to check the level of knowledge and skills, mental abilities, and identify psychological qualities. In addition, candidates may be offered practical tasks such as preparing a report, solving thematic problems;

4) final interview. Its goals are a detailed acquaintance with the personality of the candidate, the motives for his employment, assessment of his abilities and ability to adapt to a new place. During the final interview, members of the commission form a final assessment of the candidate’s professional preparedness, his ability to communicate with people, etc. For their part, candidates have the right to present their concept of activity in the proposed position, justify their preemptive right to replace it;

5) making a decision on the candidate’s victory.

Note. When going through competitive procedures, all candidates are provided with equal conditions.

After the final interview, members of the competition committee discuss each candidate and then vote.

A meeting of the competition commission is considered valid if at least 2/3 of the total number of its members is present. Decisions of the commission based on the results of the competition are made by open voting by a simple majority of votes. The candidate who receives the majority of votes is considered the winner of the competition. In case of equality of votes, the vote of the chairman of the competition commission is decisive.

The decision is made by the competition commission and the discussion is held in the absence of the candidate. The Commission may accept one of next decisions- candidate:

Meets the requirements for appointment to the vacant position;

Does not meet the requirements for filling a vacant position;

Meets the requirements for inclusion in the personnel reserve.

The voting results of the competition commission are documented in a protocol kept by the commission secretary and signed by the chairman, deputy chairman, secretary and members of the commission who took part in the meeting.

5. The final stage. Participants of the competition are informed about its results, and labor relations with the winner of the competition are formalized.

Information about the results of the competition is posted on the organization’s website, and candidates who participated in the competition are notified in writing within seven days (another period at the discretion of the employer) about the results of the competition - about victory or about refusal to appoint them to a position and (or) about inclusion in the personnel reserve.

Based on the minutes of the commission meeting, the head of the organization issues an order on hiring and concluding an employment contract with the winner of the competition. If the winning candidate refuses to enter into an employment contract for a vacant position, the commission may offer the position to another candidate who has received greatest number votes. If, as a result of the competition, candidates who fully meet the requirements for the position were not identified, the chairman of the competition commission may decide to hold a repeat competition. Documents of competition participants are returned upon their written application.

If, based on the results of the competition, several contestants received the same number of votes, they are re-discussed and voted on at the same meeting. If, as a result of repeated voting, the votes were distributed in the same way, materials with the voting results are transferred to the head of the organization, who makes the final decision.

Regulations on the competition

So, if an organization hires employees for certain positions based on the results of a competition, the procedure for conducting it should be fixed in the local normative act- position. When developing regulations on holding a competition to fill a vacant position, we propose to include the following sections in this document:

1. General Provisions. In this section you can specify:

Goals and objectives of the competition;

Grounds for holding the competition (director’s order);

Employees who have the right to take the initiative to hold a competition.

2. The procedure for the formation and work of the competition commission. Here they are written:

Composition of the commission, its powers;

Powers of the chairman;

3. Preparation for the competition. This section reflects:

List of positions for which a competition is (is not) held;

Methods and timing of posting an announcement about the competition;

List of documents presented by candidates;

Responsibilities of HR department employees (other employees) in preparing the competition.

4. Conducting a competition. Indicated:

Stages of the competition procedure;

Criteria for assessing candidates;

Methods used to test the qualifications and personal qualities of candidates.

5. Final provisions:

The procedure for making a decision by the competition commission;

The procedure for reporting the results;

Method and timing of notification of competitors;

In addition, as appendices to the regulations, you can develop samples of competition documentation: announcements of the competition, applications for participation, notices of participation (refusal to participate) in the competition, questionnaires, resumes, commission minutes, etc.

In conclusion, we note that competitive recruitment of personnel for vacant positions provides greater opportunities in the recruitment process and gives top scores compared to the usual hiring of workers. Therefore, even in a commercial organization, to fill some positions, it is advisable to establish a competitive testing methodology.

L. V. Kurevina

Journal expert

"Human Resources Department

commercial organization"

Signed for seal