Employee certification: what does an employer need to know? We are forming an attestation commission. Aptitude tests were developed by specialists and allow you to determine

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 a fixed-term employment contract.

Note!

Personnel certification is legal if the procedure for its implementation is established by regulatory legal acts or a local regulatory act adopted taking into account the opinion of the representative body of personnel.

In part 3 of Art. 82 of the Labor Code of the Russian Federation, the assessment is given as an example of personnel participation in the management of the organization. It is provided for the mandatory inclusion in the commission as a member of a representative of the elected body of the relevant primary trade union organization.

Procedural issues, controversial provisions, as well as issues of protecting interests when organizing and conducting their assessment, unfortunately, are not considered in the Labor Code of the Russian Federation. And in most situations (for example, in all commercial organizations), the employer becomes the main author of the rules in this area.

Thus, the application of the grounds for dismissal provided for in clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, is associated with the availability of relevant local regulations by the employer.

Therefore, the first step to carrying out this event will be the creation of internal documents that describe this procedure.

Local documents regulating the certification process

These may be the Regulations on Personnel Certification, Certification Regulations, the Procedure for Certification of Employees, as well as any other documents named at the discretion of the employer. Also, the list of local regulations usually includes schedules, certification sheets, personnel characteristics and other documents.

When developing local Regulations, take as a basis the Regulations dated 10/05/1973

The main problem when creating these documents is that the employer, when developing them, is guided either by his own understanding of the assessment or by regulatory legal acts that do not fully take into account the specifics of labor relations. Next, we will consider what sections a local regulatory act devoted to assessment issues may consist of, and we will determine the approximate content of these sections.

Regulatory framework for employee certification

The head of our organization plans to conduct periodic personnel assessments starting next year. We have already begun preparations for this procedure. Of course, first of all, we need to develop and approve local regulations. What documents in this area can we rely on?

The main and at the same time the most “recent” industry-wide document is the Regulations on the procedure for certification of managers, engineering and technical workers and other specialists of enterprises and organizations of industry, construction, agriculture, transport and communications (hereinafter referred to as the Regulations dated 10/05/1973).

It was approved by Resolution of the State Committee for Science and Technology of the USSR No. 470, State Committee for Labor of the USSR No. 267 dated 10/05/1973. This document is currently applied to the extent that does not contradict the Labor Code of the Russian Federation.

Resolution of the State Committee for Science and Technology of the USSR No. 38, Gosstroy of the USSR No. 20, State Committee for Labor of the USSR No. 50 dated 02/17/1986 “On approval of the Regulations on the procedure for certification of management, scientific, engineering and technical workers and specialists of scientific research institutions, design, technological, project, survey and other scientific organizations."

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Methods and methods for assessing the qualifications of employees in each specific company should be developed taking into account:

• the specifics of its activities,
• professional staff,
• the employer's financial capabilities and many other factors.

It is difficult to give universal recommendations on the content of a local regulatory act on assessment. Therefore, below we will talk about the general rules of the assessment procedure, which any employer can enshrine in its regulatory documents.

We believe that the local Certification Regulations need to start with a description of its goals, objectives and principles.

Regulations on employee certification

Personnel Dictionary

Employee qualifications - level of knowledge, skills, professional skills and work experience (Part 1, Article 195 1 of the Labor Code of the Russian Federation).

• welders and welding production specialists,
• specialists of management companies and specialized depositories of mutual investment funds,
• professional accountants,
• auditors,
• specialists from investment institutions,
• executive managers and specialists of transport enterprises,
• rescuers,
• pedagogical and managerial employees of state, municipal institutions and educational organizations,
• employees of budgetary organizations, 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, professional training or retraining of individual employees;
• make career plans, get additional information about their abilities and preferences;
• identify candidates for the personnel reserve, 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 correctness of the current personnel policy, 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 positions of scientific and pedagogical workers, 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 the educational and creative potential of workers.”

The procedure for certification of teaching and management 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, and 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 the results of work activity and establishment of their compliance with the positions held;
• formation of highly qualified personnel of the organization, stimulation of its 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 began to develop the Certification Regulations in our company and stumbled already at 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 to 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 by 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 inspection and assessment of the business qualities of employees, in conditional assessment. 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 No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation” (hereinafter referred to as the Law on Civil Service) for the first time establishes a number of measures aimed at implementing the principle of information openness of the 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 the professional and personal qualities of 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 his professional activities, limited by the scope of his labor function, can be asked. 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 labor regulations,
• other local regulations that are directly related to the test taker's professional activities.

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

Thus, the Krasnoyarsk District Court of the Astrakhan Region, considering the legality of dismissal under paragraph 3 of Part 1 of 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 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 team, then a local act may stipulate its mandatory participation in testing.

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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.

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. 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 (as, for example, for 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 Rostechnadzor (Order of Rostechnadzor 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 of the Supreme Court of the Russian Federation 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 the certification commission, can recognize an employee as “unsuitable” (Determination of the Judicial Collegium for Civil Cases of the 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 of the Federal Service for Labor and Employment
“The procedure for certification of employees is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees (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 managers, 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 an organization that regulates 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 of the employee’s production activities, qualifications, and 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 reason, 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 on this basis is permissible if the employee’s inadequacy 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 the former employee for the period of temporary disability (Part 2 of Article 5 of the Federal Law of 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 06/01/2010 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 regarding 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 workers in their work books (Clause 4 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225) and in the personal cards of employees according to form N T-2.
If an employee is fired, the entry in his work book should look like this.

Job details

N records				Information about admission to work, translation to another constant work, qualifications, dismissal (indicating reasons and reference to article, point of law)	Name, date and number document on basis whom introduced record
				Employment contract	Order N K-21
				terminated due to
				with inconsistency
				employee of the occupied
				positions due to
				insufficient
				qualifications,
				confirmed
				results
				certification, paragraph 3
				part one of article 81
				Labor Code
				Russian Federation

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.

Many employers perceive employee certification as something formal. This is understandable: the Labor Code does not contain clear instructions on the procedure and timing of its implementation. And no regulations in this area intended for commercial organizations have been issued recently (certification is mandatory only for employees of organizations in certain fields of activity): the legislation mainly regulates the procedure for certification of public sector employees. Meanwhile, the results of certification can serve as a basis for dismissing an employee, so we recommend that you take the certification itself very seriously, since labor disputes are not uncommon and in most cases judges side with the employee. To learn how to properly organize certification, read this article.

Certification: how much in this word...

We will not find a definition of certification in the Labor Code, but if we turn to dictionaries, we can say that certification is an assessment of the business qualities and qualifications of an employee in order to establish his suitability for the position held.

The results of certification will help optimize the use of labor resources, create additional incentives for the professional growth of employees, form a personnel reserve from the most competent specialists, and also dismiss employees whose qualifications do not meet the requirements for the positions they occupy.

When considering the concept of certification, one cannot ignore the definition of an employee’s qualifications, which is given by Part 1 of Art. 195.1 of the Labor Code of the Russian Federation: this is the level of knowledge, skills, professional skills and experience of the employee. The characteristics of the qualifications required for an employee to perform a certain type of professional activity are determined by the professional standard (Part 2 of Article 195.1 of the Labor Code of the Russian Federation). Currently, quite a large number of such standards have already been developed. They operate along with qualification reference books (ECS and ETKS): the obligation to apply the standards has not yet been established.

However, from July 1, 2016, Art. 195.3 of the Labor Code of the Russian Federation, according to Part 1 of which all employers for whose employees special requirements are established by laws or regulations will be required to comply with professional standards. These are medical and teaching workers, auditors, contract workers, etc., that is, those for whom federal laws impose qualification requirements (in particular, their education).

Based on Part 2 of this article, the qualification characteristics contained in professional standards and the mandatory application of which have not been established will be used by employers as the basis for determining the requirements for the qualifications of workers, taking into account the characteristics of the labor functions performed by employees, determined by the technologies used and the adopted organization of production and labor.

Thus, at present, employers use both qualification reference books and professional standards to determine the qualifications of an employee to establish his suitability for the position held.

Is it mandatory to conduct employee certification?

Certification may be provided for by legislation and be mandatory. For example, certification is usually carried out in budgetary institutions in relation to state and municipal employees (teaching workers, workers in the arts, medical workers, etc.). But for commercial organizations, so to speak, private companies, certification is not mandatory, unless the company carries out the type of activity where the mandatory certification is established by law. For example, if an organization or individual entrepreneur performs (provides) auxiliary work (services) during transportation by rail, certification of their employees is mandatory (Article 13 of the Federal Law of January 10, 2003 No. 17-FZ “On Railway Transport in the Russian Federation”). And by virtue of Art. 9 of the Federal Law of July 21, 1997 No. 116-FZ “On the Industrial Safety of Hazardous Production Facilities” is an organization operating hazardous production facilities (facilities where flammable, oxidizing, combustible substances are produced, used, processed, generated, stored, transported and destroyed) , must ensure training and certification of employees.

We are developing a local act

Part 2 of Art. 81 of the Labor Code of the Russian Federation stipulates that the certification procedure is established by labor legislation and other regulatory legal acts, local regulations adopted taking into account the opinion of the representative body of workers.

Accordingly, if management has decided that it is necessary to conduct certification of employees in the company, it is necessary to develop a local regulatory act regulating the procedure for its implementation.

Before starting to develop such a local act, it is necessary to analyze existing positions and work in the company for mandatory certification, and if any are identified, then it is necessary to take into account the provisions of the regulations governing the procedure for conducting certification for them. If the company does not have such positions and work, the employer is free to establish a certification procedure. However, we still recommend focusing on:

• to Resolution of the State Committee for Science and Technology of the USSR No. 470, State Committee for Labor of the USSR No. 267 dated 05.10.1973 “On approval of the 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” (hereinafter referred to as the Resolution No. 470/267);
• to the Regulations on the procedure for certification of management, scientific, engineering and technical workers and specialists of scientific research institutions, design, technological, project, survey and other scientific organizations, approved by Resolution of the State Committee for Science and Technology of the USSR No. 38, Gosstroy of the USSR No. 20, State Committee for Labor of the USSR No. 50 dated 02/17/1986.

Let us note that courts quite often turn to these regulations when considering disputes about the reinstatement of workers dismissed based on the results of certification. For example, in the Resolution of the Moscow City Court dated September 10, 2015 No. 4g/8-7875/2015, the judicial panel concluded that the provision on certification of LLC worsens the position of employees compared to Resolution No. 470/267 and cannot be applied. Since the plaintiff, in accordance with the above provision, is classified as a person not subject to certification, the certification carried out by the employer in relation to her is illegal, and therefore the dismissal is recognized as illegal under clause 3, part 1 of Art. 81 Labor Code of the Russian Federation.

What should be included in the certification provision and what points should you pay attention to when developing it? We present the answers in the table.

Chapter	Content
The concept of certification, its tasks and purposes	The goals of certification may be to establish a reward system and the need for advanced training of workers, to determine the level of qualifications of workers to optimize production processes in the future or to promote those being certified to a position.
Categories of workers in respect of whom certification can be carried out, and categories of workers who are not subject to certification	In particular, according to Resolution No. 470/267, persons who have worked in their position for less than one year, young specialists during the period of compulsory work as assigned after graduation, pregnant women and women with children under the age of one year do not undergo regular certification.
Certification terms	The timing of certification can be established depending on the goals and objectives of its implementation, as well as on the categories of employees subject to certification. In practice, there is a planned (regular) certification (a feature of such certification is that it is carried out at certain intervals (every six months, a year,
	three years, etc.)) and unscheduled (extraordinary) certification (this certification is carried out only when the need for it is identified, for example, if problems arise in the work of a specific structural unit (production of low-quality products)). Here we also recommend that you indicate a point dedicated to the timing of certification for certain categories of employees who did not pass it along with other employees (after parental leave, etc.), as well as the duration of its implementation
Attestation Forms	Oral - interview. It can be carried out either individually or collectively. During such an interview, the commission asks the employee questions that interest it, invites him to evaluate his work and hears the employee’s opinion on what the employer can do to improve work results. Written - filling out tests, questionnaires. This form of certification provides an equal approach to assessing the level of professional training and knowledge of each certified employee. Mixed - an oral interview with a mandatory written answer to the questions of a test or questionnaire
Composition and powers of the certification commission	This section determines the composition of the certification commission with the distribution of functions of its members. As a rule, the commission includes a chairman, members of the commission (including the deputy chairman), a secretary, as well as a representative of the trade union (if any) (Part 3 of Article 82 of the Labor Code of the Russian Federation). Also, the commission may include experts from among highly qualified workers who have sufficient knowledge in a certain field, which makes it possible to objectively assess the qualifications of workers subject to certification, as well as heads of relevant departments
Criteria for evaluation	Evaluation criteria are established based on the complexity of the work performed, as well as the responsibilities assigned to the employee. Consequently, it is possible to determine whether an employee’s qualifications correspond to the work he performs only if the employee’s functions are described as clearly as possible in the employment contract (job description). If he is found unsuitable for his position, and his job responsibilities are not documented, disputes may arise. Workers subject to certification must be familiar with such criteria in advance, before certification.
The procedure for conducting certification, in particular, the procedure for notifying employees about it, holding a meeting of the certification commission, voting, keeping minutes of the meeting of the certification commission, familiarizing workers with the results of certification after the decision is made by the commission members	The certification procedure should be described in as much detail as possible. For example, you can describe the procedure for keeping minutes of a meeting of the certification commission, indicate that it is mandatory to fill it out, present the form of the protocol and the procedure for its approval and familiarization of employees with the results of certification after the decision is made by the commission members. It would be good to record the type of voting (open (in the presence of the person being certified) or closed (without the participation of the employee)) for making a decision, as well as provide a list of reasons that are valid and, if present, the certification may be postponed to another date. It is also necessary to identify the department or person responsible for preparing materials for submission to the certification commission (this could be, for example, a legal adviser or personnel department), whose job responsibilities include participation in the certification, and also reflect the stages of preparation for certification: creating lists employees subject to certification, informing department heads about the need to submit characteristics or certification sheets for employees, drawing up a certification schedule, etc.
Certification results	In this section, it is necessary to consolidate the types of decisions that can be made in relation to the person being certified (for example, the employee corresponds to 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 corresponds to the position held, the employee does not corresponds to the position held). In the same section you can indicate the period within which the employer must comply with the recommendations of the certification commission

Of course, a local act may have other sections necessary for a particular organization. Additionally, usually as an appendix, document forms are entered (for example, minutes of a commission meeting, an attestation sheet, etc.).

After agreeing on all sections of the certification regulations, it is approved by the head of the organization: either by issuing an order, or by affixing the stamp “Approved” signed by the head. Let us note that if the provision is approved by an unauthorized person, then the results of the certification, even if carried out in accordance with the rules established in the organization, will be considered illegal (see, for example, the Appeal ruling of the Court of the Chukotka Autonomous District dated October 27, 2014 in case No. 33- 173/14, 2-25/14).

Remember, the approved regulations on the certification of employees should be familiarized with signature. In the event of a labor dispute, the employer is obliged to provide evidence that the employee was informed of the possibility of assessing the results of his work and his personal business qualities in the form of certification and that, based on the results of the certification, the employee could be dismissed.

Certification procedure

Having approved the regulations on conducting certification, you should not think that the work is finished: it is not enough to write everything down on paper, you also need to organize certification and carry it out. Typically, certification is divided into several stages:

1. preparation for certification;
2. carrying out certification;
3. summing up and taking measures based on the results of certification.

Let's look at these stages in more detail.

At the stage preparation for certification it is necessary to create a certification commission. This is done by order, and a separate order can be issued on the creation of a commission, or this can be stated in the order on certification. Let's give an example.

Limited Liability Company "Mir" (Mir LLC) 01/12/2016 Nizhny Novgorod on certification in 2016 In order to objectively assess the professional and business qualities of Mir LLC employees and in accordance with the regulations on the certification of employees, approved on March 18, 2014, I order: 1. To carry out certification, create a certification commission consisting of: Chairman of the Commission - HR Director I. I. Ivanova; Deputy Chairman of the Commission - Chief Accountant I. A. Petrova; Members of the commission: senior inspector of the personnel department O. I. Sidorova; Head of Sales Department I.P. Vasechkin; Secretary of the commission - office manager E. A. Smirnova. 2. Approve the schedule for employee certification for 2016 (attached). 3. Heads of structural divisions, before 02/08/2016, prepare and submit to the certification commission all the necessary documents for the employees being certified. 4. The HR Director I. I. Ivanova, before 02/01/2016, familiarize the employees in respect of whom the next certification is being carried out with this order and the approved certification schedule. 5. I reserve control over the execution of this order. Director Korolev P. L. Korolev The following have been familiarized with the order: HR Director Ivanova, 01/12/2016 I. I. Ivanova Chief Accountant Petrova, 01/12/2016 I. A. Petrova

At the same stage, a schedule for employee certification is developed. It is necessary to indicate not only the full name of the employees and the names of the positions they occupy, but also the date, time and place of certification, as well as a list of documents required for submission to the certification commission. In addition, be sure to include a column in the schedule for the employee to review, where he will put his signature. If an employee refuses to familiarize himself with the certification schedule, it is necessary to make an appropriate note in the schedule and draw up a report confirming this.

The person responsible for preparing documents for the commission on certified employees, at the preparatory stage, draws up and collects the documents necessary for certification: reviews, characteristics, questionnaires, reports, etc.

Next stage - carrying out certification. The procedure itself takes place at a designated location. Certification must be carried out in the presence of the employee being certified and his immediate supervisor. If an employee fails to attend a meeting of the certification commission without good reason or refuses to undergo certification, the commission may conduct certification in his absence.

For your information

Carrying out certification without an employee is allowed only if the employee is familiar with the date of certification in writing. In this case, the employer has the right to bring the employee to disciplinary liability.

During the meeting, the commission listens to the immediate supervisor of the person being certified (he briefly evaluates his professional, business and personal qualities), reviews the submitted documents, asks questions to determine the level of professional knowledge, and conducts a written test of the level of professional training and knowledge of each certified employee.

Please note that it is important to correctly compose written assignments or ask oral questions. For example, in the Appeal ruling of the Krasnoyarsk Regional Court dated December 24, 2014 in case No. 33-12241, an employee dismissed for inadequacy for the position due to insufficient qualifications confirmed by certification results was reinstated because the defendant violated the certification procedure: the questions specified in the certification sheet, do not meet the requirements of the job description, the plaintiff’s answers to the questions of the commission members are missing.

For your information

The employee's assessment is based on his compliance with the qualification requirements for the position held, as set out in his job description and employment contract. In this case, the employee’s professional knowledge, work experience, advanced training, retraining and other objective data must be taken into account.

The results of the certification are entered into the certification sheet (its form is usually approved by local regulations), which is signed by the chairman, deputy chairman, secretary and members of the certification commission present at the meeting and taking part in voting. The certified employee must be familiarized with the certification sheet against signature.

Certification is accompanied by the keeping of a protocol in which all information is entered, including the assessment of the employee’s qualifications. Then the commission members conduct a discussion and make a decision on each person being certified in the manner prescribed by the certification regulations (by open or closed voting, in the presence or absence of the employee, etc.). The decision of the commission is recorded in the protocol and brought to the attention of employees against signature within the established time frame. After completing the certification procedure, the relevant information is entered into the employee’s personal card.

The final stage certification is the employer making a decision, which is formalized by order. Based on the results of the certification, some of those certified may be encouraged or offered a transfer to a higher position, and someone will probably be dismissed.

Such an order (on the results of certification) must be familiarized to all interested employees.

Summarize

As you understand, personnel certification is a rather complex and multi-stage process. Therefore, the employer needs to seriously approach the creation of its own regulations on the certification of employees and take into account all the nuances of the peculiarities of labor relations in the organization and legal norms. In addition to such a local act, any organization that decides to conduct certification of employees must have an order for certification, a certification schedule, an order for approval of the certification commission and regulations on its work, minutes of the commission meeting, documentation on the examination of various qualities of the employee, as well as other documents information about which and the forms of which may be contained in the certification regulations. If everything is done correctly, it will be difficult for the employee to challenge the inadequacy of the position held.

Introduced by Federal Law No. 122-FZ of May 2, 2015 “On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation.”

What are the benefits of social worker certification? What are the features of certification of medical workers for the category? What regulates the provisions on certification for suitability for the position held?

When you come to work, you find out that there have been personnel changes in the team! Chief economist Maria Ivanovna urgently got ready to retire. Senior accountant Natalya is beaming with happiness - she is now deputy chief accountant. But the leading economist Lyudochka is all in tears - from today on she is just an economist.

The fault lies with the certification of employees, to which no one attached much importance two weeks ago. As we see, in vain!

In order not to get into trouble and to be fully armed, to know all the pros and cons of this procedure, I, Alla Prosyukova, have prepared for you a new article on the topic of personnel certification!

As always, at the end of the publication there are useful tips and reviews of reliable companies offering personnel certification services!

1. What is employee certification and why is it carried out?

Every year, business managers and business owners pay more and more attention to the company's personnel. Popular expression “Personnel decides everything!” finally began to acquire practical significance.

To remain competitive, companies must have highly professional personnel whose level of training corresponds to its scale.

How to determine this level correctly? It's very simple - get certified!

This is a periodic examination of personnel for professional suitability and suitability for the position held.

The goals of this event are different. We have presented some of them in our diagram.

Legislatively, the frequency of certification activities is provided for at least once every 3 years. Based on this, each company independently approves the deadlines that are acceptable to it. They are enshrined in a local act regulating this process, developed and approved within the company.

You should know which categories of workers are not certified:

• working in the organization for less than a year;
• employees over 60 years of age;
• employees expecting a child;
• female employees on maternity leave;
• women who have taken leave to care for a child up to 3 years old.

Now certification has become popular in the field of social work. Certification of the professionalism of social workers makes it possible to form a staff of highly qualified specialists, which has a positive effect on the quality of the services they provide.

It is also important to remember the features of certification of certain types of employees. For example, certification of health workers by category. These employees have the right to independently initiate an examination for assignment of a category. The voluntary nature of the test is its distinctive feature.

Examinations of this kind are conducted by an expert group of a specially formed commission.

2. What forms of employee certification are there - 3 forms of implementation

Depending on the goals, the method of certification is also selected. The most famous are 3 forms of this procedure. In practice, there are many more of them, because mixing often occurs and the result is a combined format.

In this publication, I propose to consider only the main ones: two oral (individual and collegial interviews) and written testing.

Form 1. Oral in the form of an individual interview

An individual interview is usually conducted by the head of the department in which the employee works. The results serve as the basis for compiling a review-characteristic.

In the process, the attitude of the person being certified to the work is clarified. The problems that an employee encounters while performing his or her job duties are identified.

Form 2. Oral in the form of a collegial interview

The collegial interview is conducted by a commission approved for these purposes. First, they listen to the subject’s own report about his responsibilities within the position, the positive and negative aspects of the work. If necessary, clarifying questions are asked.

During the conversation, the level of professional training of the specialist and his suitability for the position are determined.

Form 3. Written in the form of tests

Testing is considered the most objective form. Certification testing requires serious preparation.

First, it is necessary to formulate and approve test questions. They must fully comply with the specialty and qualifications of the employees being certified.

Secondly, the % of correct answers should be determined in advance to determine successful completion of the test.

4. Who provides services for employee certification - review of the TOP 3 companies

Is the personnel certification procedure causing you difficulties and you don’t know where to start? I suggest turning to professionals.

We have selected companies that will quickly and efficiently certify workers in any field, including education, medicine, government and social services.

“HR-praktika” is a St. Petersburg company that has been operating throughout the Russian Federation in the field of personnel management for more than 20 years. During this period, the company became an expert in the field of its professional interests.

The company provides services in the field of personnel management in the following areas:

• audit;
• outsourcing;
• education;
• consultations;
• design work.

Managers and business owners, job seekers and company employees, HR specialists - everyone will find useful information on the corporate Internet resource of the HR-praktika company. You can get an initial consultation by phone or by leaving a request on the website.

"Hermes" is a licensing center based in Moscow, created in 2006. The company has all the necessary certificates and licenses to carry out the declared activities.

Services of LLC "Hermes":

• quality management certification;
• licensing;
• SRO approvals;
• training and retraining courses in various areas;
• certification: personnel;
• sale of ready-made companies with a license from the Ministry of Emergency Situations and KGIOP.

Having started its activities back in 2006 as a division of the holding, the company “There are personnel!” became a separate business unit with a wide network of specialized agencies.

Recruiting and consulting services are the main activities of the company. The most popular among clients were personnel certification and.

The results of the events carried out by highly qualified specialists of the agency “There are Personnel!” allow customers to:

• identify the reasons for ineffective staff performance;
• determine directions for optimizing personnel and organizational work;
• develop activities that increase motivation and productivity;
• review job responsibilities and salaries;
• redistribute the workload among specialists.

5. How to get objective results from employee certification - 3 useful tips

Objectivity is an important component of personnel certification.

Our advice will help you avoid problems in this matter.

As I already wrote, the number of participants in the certification commission is not limited. Include as many specialists as necessary to carry out the procedure efficiently.

The main condition: all members of the commission must enjoy authority and be competent in the professional specializations of those being certified. Such a composition will create more trust and reduce the risk of conflicts.

Example

During the certification process at Albatros LLC, a conflict situation arose when assessing the professional competencies of system administrator Fedor Kuzkin.

The commission decided to downgrade Kuzkina's category. Fedor wrote a complaint to the director of the company, in which he drew attention to the incompetence of the commission members in matters of system administration.

Indeed, the commission did not have a single specialist in this area, and, therefore, they could not properly assess the professional qualities of system administrator Fedor.

The director of Albatross LLC agreed with Kuzkin’s arguments and the recommendations of the certification commission were not accepted.

Tip 2. Conduct certification only in the presence of the employee

Despite the fact that the law provides for cases of certification in the absence of an employee (unreasonable absence, unwillingness to undergo an examination), it is better to conduct it in his presence.

This way you will reduce the risk of conflict and challenging the outcome on the part of the employee being evaluated.

Tip 3. Trust third-party companies to carry out certification

If you want to get really high-quality certification results and get rid of headaches about this, I recommend ordering this event from specialized companies.

Such companies can be entrusted not only with personnel certification, but also, for example, with a special assessment of working conditions (

Certification of employees for suitability for the position held - 2018-2019 can be carried out in both public and private organizations. Moreover, for the 1st category of enterprises it is most often mandatory, and in non-state entities, as a rule, it is initiated by the employer in connection with the goal pursued by him. Read more in our article.

Certification of employees according to the Labor Code of the Russian Federation is mandatory

In accordance with the Labor Code of the Russian Federation, certification of employees for compliance with the position held is mandatory for researchers (Article 336.1 of the Labor Code of the Russian Federation) and teachers (Article 332 of the Labor Code of the Russian Federation). At the same time, scientific employees must undergo certification at least once every 5 years and no more than once every 2 years. The frequency of certification checks for teachers is once every 5 years.

In addition to these cases prescribed in the Labor Code of the Russian Federation, certification is provided for in some industry regulations to regulate the procedure for conducting activities (most often unsafe).

Thus, the following are required to undergo certification:

• employees called upon to ensure transport security (Article 12.1 of the Law “On Transport Security” dated 02/09/2007 No. 16-FZ);
• state civil servants (Article 48 of the Law “On the State Civil Service of the Russian Federation” dated July 27, 2004 No. 79-FZ);
• workers responsible for loading/unloading, placing, securing cargo on railway transport and work related to the movement and maneuvering of trains (Clause 4, Article 25 of the Law “On Railway Transport in the Russian Federation” dated January 10, 2003 No. 17-FZ);
• workers engaged in the field of industrial safety (Part 2 of Article 9 of the Law “On Industrial Safety of Hazardous Production Facilities” dated July 21, 1997 No. 116-FZ);
• persons heading federal unitary enterprises (Resolution of the Government of the Russian Federation “On the procedure for concluding employment contracts and certification of managers...” dated March 16, 2000 No. 234) - once every 3 years;
• other categories of workers specifically specified in laws and industry regulations (for example, firefighters, rescuers, prosecutors, aviators, etc.).

Often, employers use certification to check the qualifications of employees for the purpose of their subsequent dismissal. So, in paragraph 3 of part 1 of Art. 81 of the Labor Code of the Russian Federation indicates the possibility of dismissal of employees by the employer due to their poor certification results.

You will find more information about layoffs initiated by employers in our articles:

• “The procedure for dismissing an employee at the initiative of the employer” ;

At the same time, certification is an opportunity to reward an employee for achievements in the workplace or to promote him up the career ladder. In addition, based on the results of the qualification test, a decision may be made to send an employee for training.

Based on the results of certification, medical workers receive qualification categories and differentiated wages. The right to certification to achieve these goals is established in subsection. 4 paragraphs 1 art. 72 Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ.

You can learn more about the certification of medical workers in our article. “Certification of medical workers for the category in 2018-2019” .

• pregnant women;
• single mothers;
• mothers with young children under 3 years old, etc.

Their rights are protected by Art. 261 Labor Code of the Russian Federation. In order to somehow resolve the situation, the employer must find a socially protected employee who has not passed the certification another job with lower qualification requirements.

Sometimes the employer is still inclined to terminate the employment contract with an inappropriate employee. But this can only be done by agreement of the parties or the desire of the employee himself. For example, termination of an employment contract is possible if it is impossible to change the employee’s type of activity for medical reasons due to the employer’s lack of suitable work (such conditions for termination of the contract are mentioned in Part 3 of Article 261 of the Labor Code of the Russian Federation).

The procedure for certification of employees

From Art. 81 of the Labor Code of the Russian Federation it follows that the procedure for conducting certification activities is established both by labor legislation and other regulatory legal acts, as well as local acts of the organization. Since the general procedure for certification is not established at the legislative level, each enterprise prescribes its own rules in the appropriate regulation.

When developing regulations on the certification procedure, enterprises are recommended to familiarize themselves with the standards prescribed in the following regulations:

• Resolution of the State Committee for Science and Technology of the USSR and the State Committee for Labor dated 05.10.1973 No. 470/267;
• Resolution of the State Committee for Science and Technology of the USSR, Gosstroy and Goskomtrud dated February 17, 1986 No. 38/20/50.

The norms of these resolutions are allowed to be applied to the extent that does not contradict the Labor Code of the Russian Federation. In practice, they are often taken into account by the courts when considering disputes about the reinstatement of workers dismissed based on the results of an attestation test.

In particular, in the ruling of the Moscow City Court dated September 10, 2015 No. 4g/8-7875-2015, the court indicated that the regulatory act on certification approved at the enterprise worsened the situation of workers due to non-compliance with the norms of regulations from the times of the USSR.

Briefly, the certification procedure can be divided into the following stages:

1. Approval of the certification regulations.

1. Preparation for certification, which includes:

• approval of the composition of the certification commission;
• establishment of categories of certified employees;
• approval of the schedule for certification inspections;
• preparation of documents for certified employees;
• bringing to the attention of employees information about the date and place of certification.

NOTE! At this stage, an appropriate order is issued, which provides the above information. The information contained in this order and all possible annexes to it (for example, on the inspection schedule) is communicated to the certified employees against signature.

1. Carrying out certification.
2. Recording the results and making a decision by the manager based on the results of certification in relation to each employee.

Certification of employees for suitability for the position held in 2018-2019

Certification of employees for suitability for the position held - 2018-2019 is carried out in accordance with the provisions of the law “On Amendments to the Labor Code of the Russian Federation...” dated 05/02/2015 No. 122-FZ, which entered into force on 07/01/2016.

These standards establish the need to apply professional standards when determining employee qualification requirements. This primarily concerns medical workers, auditors, contract workers, i.e. those whose activities are subject to certain qualification requirements.

Read more about this in the article “Introduction of professional standards since 2016 (nuances)” .

Professional standards and qualifications are discussed in detail in Art. 195.1 Labor Code of the Russian Federation. Determining the employee’s skill level is the main purpose of certification. And to establish this level, from July 2016, only professional standards should be used.

Results

Certification is a check of the professional qualifications and level of training of an employee. Based on the results of the certification, a conclusion is made about whether his professional level corresponds to the position he occupies (the work performed).

Certification of some categories of employees is carried out regularly - usually at least once every 5 years. In a number of private enterprises for which the obligation to conduct certification is not established by law, this procedure is used to check the level of qualifications of employees in order to be able to dismiss those whose results are unsatisfactory.

The Labor Code of the Russian Federation does not clearly define the certification procedure, so each enterprise develops its own. To do this, a local regulatory act such as a regulation on certification should be approved. Based on the results of certification, the manager makes a decision on dismissal or promotion of certified employees.