The employee has not passed the certification of what to do. Certification of teaching staff: new rules. Dismissal of those who have not passed certification

L.A. Elina,
leading expert

When an employee does not cope with his duties and the management fails to agree with him about dismissal by agreement of the parties, some organizations carry out certification. But if it is carried out with procedural violations, its results can be challenged. Then the dismissed employee will be able to recover at work and collect from the company the average earnings during the forced absence and compensation for moral damage.

Dismissal of employees based on the results of certification

Develop and approve a statement of attestation

As a basis, you can take the old Soviet Regulation on the procedure for conducting certification and articles 8, 81 of the Labor Code of the Russian Federation; Position approved. Resolution of the State Committee for Science and Technology of the USSR No. 470, Goskomtruda of the USSR No. 267 dated 05.10.73 (hereinafter referred to as the Soviet Regulations). Moreover, it is better not to prescribe in your local regulation on certification rules that will worsen the conditions for your employees in comparison with the Soviet Regulation.

However, there are regulations regulating the conduct of certification in relation to certain categories of workers. For example, during certification in universities, scientific teaching staff it is necessary to adhere to the Regulations on the procedure for conducting certification, approved by the Ministry of Education and Order of the Ministry of Education and Science of March 30, 2015 No. 293. If your organization is subject to any industry certification clause, you should consider the rules.

Attention

Employees of the company must be sure to familiarize themselves with the certification regulations and Art. 22 of the Labor Code of the Russian Federation.

Fix in your position how the certification commission will be formed. Write down the terms and form of the certification, as well as what exactly it will be. Establish assessment criteria for different categories of workers. Based on the established criteria, forms of tests, questionnaires and / or lists of questions for specific categories of workers can be developed.

If the company has a union, do not forget to take its opinion into account when approving the certification regulation. and Art. 8, part 2 of Art. 81, art. 372 of the Labor Code of the Russian Federation; nn. 24,.

The regulation on certification must be approved by the order of the head.

Form an attestation commission

The attestation commission, as a rule, includes a chairman, members of the commission (including a deputy chairman) and a secretary. The commission may include experts from among highly qualified employees, as well as heads of relevant departments. Your position may include the ability to serve on a panel of independent experts who are not part of your organization.

reference

When forming requirements for qualifications, you can focus on the norms of the professional standard, the Unified Qualification Handbook or the Unified Tariff and Qualification Handbook.

Be sure to include in the composition attestation commission representative of an elected body trade union organization(If she there is) Art. 82 of the Labor Code of the Russian Federation.

Approve the nominal composition of the attestation commission by order of the head of the attestation and clause 5 of the Soviet Regulations; Art. 82 of the Labor Code of the Russian Federation.

Prepare for certification

Inform the employees about the upcoming certification within the period established by your regulation on certification.

Not later than 2 weeks before certification, for each certified employee, the direct supervisor must submit a written response to the commission members (characteristics y) Clause 6 of the Soviet Regulations. The review reflects the assessment of the employee's activities, his qualifications, and also indicates how much he observes labor discipline.

No later than a week before certification, familiarize the employee with the feedback presented to him m Clause 6 of the Soviet Regulations.

Conduct certification

As a rule, the certified employee answers the test questions or speaks orally with the members of the commission - it depends on the specifics of the certification.

reference

Certification cannot be carried out in relation to and Clause 4 of the Soviet Regulations:

pregnant women;

women with children under the age of 1 year;

employees who have worked in their position for less than 1 year.

And on the basis of negative results of certification, a whole group of people cannot be dismissed. Including women with children under the age of 3 and single mothers raising a child under the age of 14 (a disabled child under the age of 18 years) Art. 261 of the Labor Code of the Russian Federation.

The employee's assessment should be based on his suitability qualification requirements to the position held, set out in his job description and / or employment contract. In doing so, take into account the employee's professional knowledge, work experience, professional development, retraining and other data.

Please note that:

during certification, the secretary of the certification commission must keep a free form of the minutes of its meeting;

the voting results must be determined by a majority vote. In case of equality of votes in assessing the performance of the certified employee, he must be recognized as having successfully passed the certification and corresponding to the position held;

the voting results must be entered in the protocol l Clause 8 of the Soviet Regulations;

these results must be announced to the certified employee immediately after summing up the voting results of the members of the certification commission;

conclusions about the certification (or non-certification) of the employee must be entered in the certification sheet clause 9 of the Soviet Regulations. Such a sheet must be drawn up in two copies:

One copy of it, together with a response to the employee, must be kept in his personal file;

The second must be given to the employee, preferably against signature;

the results of certification of employees must be entered in section IV of the personal card in the form No. T-2;

the employee certification sheets filled out by the commission must be handed over to the head of the company.

Attention

Dismissing an employee based on the results of certification during the period of his temporary incapacity for work or being on vacation cannot I am Art. 81 of the Labor Code of the Russian Federation.

Keep in mind that an employee can challenge the legality of his dismissal based on the results of certification, if, for example, the procedure for conducting such certification has been violated. So, one employee managed to recover by a court decision, since the questions specified in the attestation sheet did not meet the requirements of the job description, and the employee's answers to the questions of the commission members were not recorded NS Appeal ruling of the Krasnoyarsk Territory Court dated 12.24.2014 No. 33-12241. And the other worker recovered, since the certification consisted only in the announcement of the response presented in relation to her by her immediate supervisor m Appellate ruling of the Yamalo-Nenets Autonomous Okrug dated 05.06.2014 No. 33-1144 / 2014.

Make a decision of the management based on the results of the attestation

All personnel decisions in relation to an employee (for example, on dismissal) can be made only within 2 months from the date of certification and Clause 12 of the Soviet Regulations. If the manager has decided to leave him in his previous position, then nothing needs to be done.

If the manager wants to dismiss an employee from his position, it is necessary to strictly follow all the procedures preceding such dismissal.

reference

If an employee is a member of a trade union, then before firing him, the opinion of this trade union (the elected body of the primary trade union organization and) articles 82, 373 of the Labor Code of the Russian Federation; nn. 24, 31 Resolutions of the Plenum of the Armed Forces of 17.03.2004 No. 2.

If the employee is the head or deputy head of the elected collegial body of the trade union organization, then the employer must request the prior consent of the higher elected trade union body a Art. 374 of the Labor Code of the Russian Federation.

But even if the union is against, it is still possible to fire the employee. O articles 373, 374 of the Labor Code of the Russian Federation. The dismissal procedure will only be somewhat complicated. We will have to hold additional consultations with the trade union, draw up protocols based on their results.

If in the course of such consultations it is not possible to reach an agreement with the union, the employer may decide to dismiss the employee.

Such a decision can be appealed to the labor inspectorate. And if she finds it illegal, the organization will receive an order to reinstate the employee at work with the payment of forced absenteeism. This order can be challenged in court.

Also, the employee himself or the trade union can apply directly to the court on the legality of the dismissal of an employee. s articles 373, 374 of the Labor Code of the Russian Federation.

An employee who is recognized as not corresponding to the position held must be offered vacant positions (work in the same area), both corresponding to his qualifications, and lower or lower paid. Higher positions - only if it is provided for by the collective and / or labor contract and agreements and h. 3 tbsp. 81 of the Labor Code of the Russian Federation.

Offer vacancies be sure to draw up in writing. Also ask for the employee's answer in writing. If the employee agrees, then complete the transfer additional agreement to the employment contract at Art. 72 of the Labor Code of the Russian Federation.

If the company does not have suitable vacancies, or the employee refused the vacancies you proposed, issue an order to terminate the employment contract. To do this, you can use the form No. T-8 p. 3 h. 1 tbsp. 81 of the Labor Code of the Russian Federation.

In the work book, the dismissal record looks like this.

By general rule no need to pay the dismissed severance pay... But its payment can be provided in collective agreement company, local regulation or employment contract with the dismissed employee.

Conflict situation: the company's management decided to fire the employee based on the certification results, he does not agree. Example: an employee was fired for inconsistency with the work performed due to insufficient qualifications, confirmed by the results of attestation. The basis for the issuance of the order was the protocol for checking the employee's knowledge. But the document did not cite the conclusions of the commission about the employee's inadequacy of the position, so the employee argued that the certification was not actually carried out and he was simply given an unsatisfactory grade. In addition, the employee justified the illegality of the dismissal by the fact that he was not offered another job. What does the law say about this? To assess the professional level of employees, the employer needs to carry out the certification procedure.

Dismissal of employees based on the results of certification. legal aspects

How is the dismissal based on the results of the certification After the certification has taken place, all the materials and conclusions of the commission are sent to the employer, the head of the enterprise, authorized to make decisions on dismissal. The manager considers the specified materials, after which he makes decisions on dismissal, or on leaving the employee in office. It is important that the manager adheres to the deadlines set by the Regulation.

Attention

If the dismissal during certification occurred later, it can be challenged. The Regulation should clearly state the time frame for the manager to make decisions based on the results of the attestation. So, if, nevertheless, an employee does not meet the criteria defined for a given position, he can be dismissed only after he, in the proper manner, is offered another job at the same enterprise, which corresponds to his level of qualification.

Certification of employees as a basis for dismissal

At the same time, it is necessary to notify the employee about the vacancies available for him in writing. The notification is drawn up in such a way that the employee understands that he does not correspond to the position held, but he is offered a transition to certain vacancies... In the notification, you need to indicate the column where the employee will sign that he is familiar with all the vacancies existing at the enterprise.

And one more column, where he indicates his consent, or disagreement to the transfer to another position. That is, the dismissal of an employee based on the results of certification does not occur immediately, after the meeting of the commission. The commission indicates its opinion in the protocol, and the employer can decide to send the employee to professional development, training, courses.

Or, make a decision that the employee can no longer work in this position, which he does not correspond to.

Dismissal of those who have not passed certification

It is necessary to clearly and uniformly determine the requirements for seniority and experience, professional skills and education for a specific position or profession, otherwise, during the certification procedure, which we will discuss below, questions may arise regarding the interpretation of certain provisions of the instruction. So, based on the definition of qualifications given in Art. 195.1 of the Labor Code of the Russian Federation, it can be said that the inconsistency of the qualifications of an employee for occupying a particular position can be defined as the employee's inability to perform the work entrusted to him by the labor contract with high quality. Documentation support appraisals Let us repeat that commercial organizations independently decide whether to carry out appraisals, and if so, for which employees and how often.
However, for this procedure to be legal, the company needs to develop a number of documents.

International Faculty

That is, the legislator establishes that attestation is mandatory for budgetary institutions... Concerning commercial companies, organizations, the legislator has not established for them a peremptory norm on holding such an event. Therefore, if a company has made a decision to carry out certification, it is subject to employees for whom a special procedure is provided. For example, for teachers. When developing a local regulatory act on certification, it is necessary to take into account the requirements of legislative acts.

Dismissal based on the results of certification inconsistency with the position held. The grounds for the dismissal of employees of an enterprise or company are listed in the Labor Code of the Russian Federation. One of the grounds is the employer's initiative (Article 81). This article contains a provision that permits the dismissal of an employee based on the results of personnel certification.

Certification as a reason for dismissal

The main of such documents is a local normative act - a regulation on attestation. In addition to it, you will need: - an order to conduct certification; - certification schedule; - regulations on the work of the attestation commission and the order on the approval of its members; - minutes of commission meetings, attestation sheets, etc. It is important to develop and approve the documents that are used during attestation and on the basis of which it is carried out, since in the event of a labor dispute following the attestation, the competent authorities will first of all check local regulations and the procedure for their adoption and approval.
Let's say a few words about the regulation on certification.

Employees who have not passed certification will be able to be fired within three months

Certification is important for both parties labor relations: she will help the employer to form personnel reserve, dismiss employees who do not meet the requirements for the position, and the employee - the opportunity to get a well-deserved promotion. In this article, we would like to give general recommendations on the certification of your employees, tell what local regulations in the field of labor law are necessary when conducting certification. First of all, attestation is a periodic check of the professional level of an employee to establish the compliance of his qualifications with the position held or the work performed.

As a rule, certification of employees should be carried out at least once every three to five years. An extraordinary certification can be carried out in the case of planning a reduction in the number or staff of an organization, ineffective work of the department, etc.

Dismissal based on the results of certification

Info

A civil servant has the right to appeal the results of certification. Dismissal based on the results of certification of municipal employees Certification of a municipal employee is carried out in accordance with the tasks of determining his compliance with the position held for municipal service... Certification activities with this category of employees are carried out once every 3 years.

As a result of the above measures, the attestation commission must make a decision on whether this employee is appropriate for the position held. The powers of the commission also include the issuance of recommendations related to the promotion of individual municipal employees. Encouragement comes for high results in work, success, including the promotion of employees in positions.
If necessary, the certification commission recommends improving the work of certified employees.

Important

In another locality, an employee can also be offered vacancies, but only if it is provided for by an employment contract. In a letter from Rostrud of 2008 at No. 1028 it is said that on the basis in question, a person can be fired only after certification. The term "certification" is absent in the Labor Code of the Russian Federation. Nevertheless, certification is understood as an event that is a test of the moral, personal and business qualities of a person. In addition, the employee is checked for the compliance of his working qualities with the position held.

Dismissal based on the results of the certification is not allowed Certification in relation to some employees does not make sense. This is due to the fact that based on the results of this event, they cannot be fired at the initiative of the employer; therefore, this process loses its meaning for them.

Terms of dismissal of employees who have not passed certification

• workers who are in a state of incapacity for work (temporary).

On the initiative of the employer, employees can be dismissed if they did not cope with the attestations, but in compliance with the procedures specified for this case:

• union members;
• representatives of employees during negotiations (collective);
• minors;
• staff representatives who are involved in resolving a labor dispute;
• workers who take part in the strike;
• employees who are involved in a labor dispute;
• employees elected to the commission on labor disputes;
• heads of collegial bodies of primary trade union organizations (selected) and their deputies.

How to avoid dismissal based on the results of certification Based on the results of certification of an employee of the enterprise, the employer draws up a review.

Dismissal of employees who have not passed certification

To carry out certification, the employer must approve a local normative act governing the procedure for conducting and applied certification procedures - the provision on certification. Since, at present, there is no single normative act that would determine general rules attestation in commercial organizations, then when preparing a regulation on certification in a commercial organization, you can take as a basis the Regulation on the procedure for certification of civil servants and other regulations concerning the behavior of certification selected categories workers. Additional documents, which must be based on when carrying out certification are the internal labor regulations of the organization, provisions on structural units organizations, employment contracts, job descriptions workers.

The new procedure for attestation of teaching staff was put into effect on January 1, 2011.

Related materials:

According to the old rules, a teacher who wants to earn more on their own could apply for the assignment of the second, first or highest category. The categories were assigned: the second - by the school administration, the first - by the district education department, and the highest - in the ministry.

According to the new rules, the second category was abolished altogether, and the certification of teachers was entrusted to the educational authorities at the level of the constituent entity of the Russian Federation. At the same time, certification has become mandatory: every five years, every teacher who does not have a category, regardless of desire and length of service, must undergo certification in order to confirm compliance with the position held.

The same teachers who wish to achieve the first or highest category may instead apply for attestation to establish that their professional level meets the requirements for qualification categories. Categories are assigned for 5 years, after which they must be confirmed again in the same manner.

If the teacher does not confirm his category in time, it will be canceled. After that:

• a teacher of the first category will either have to submit an application for attestation for the assignment of the first category, or in general order pass certification for confirmation of conformity;
• a teacher of the highest category will first have to be certified for the first category, and only two years later he will receive the right to apply for the highest.

At the same time, qualification categories assigned before January 1, 2011 remain valid for the period for which they were assigned. However, the rule according to which a teacher who has worked in the profession for 20 years was assigned the second category “for life” is canceled. From now on, these teachers will also have to pass certification every five years.

Mandatory certification for compliance with the position held

Mandatory certification is carried out every five years to confirm the pedagogical worker's suitability for the position held.

Who is required to pass certification

Pedagogical workers who do not have categories and do not express a desire to pass certification for a qualification category.

Who does not need to pass certification

• teachers who have worked for less than 2 years in this position;
• pregnant women and women in maternity leave and on parental leave until the child reaches the age of 3 years. Their certification is carried out no earlier than two years after the release from the indicated leave.

Teachers who are absent from work for more than 4 months due to illness will need to pass certification one year after they officially go to work. But if the above category of citizens expresses a desire to start a pedagogical test, no one can challenge their decision and prevent them from attestation.

The employer submits teachers for attestation in order to confirm their suitability for the position held.

If a teacher works in different teaching positions for one employer and does not have a qualification category for any of them, then the employer's submission can be submitted at once for all positions in which he is.

If a teacher combines work in a specialty with several employers, each of them has the right to send him for certification.

List of required documents:

• Personal signature statement
• A copy of the result from the previous certification (if any)
• Copies of diplomas of higher or secondary professional pedagogical education
• A copy confirming the presence of the highest or first category of attestation (if such was previously obtained)
• A copy of the documents confirming the change of surname, if it has been changed
• A cover letter or a detailed description from the place of work, which can confirm the level of competence and professional activity.
• A month after the submission of documents, the applicant will receive a letter at his home address with a detailed description of the place and time of the certification.

How is certification

During certification, in order to confirm their suitability for the position held, teachers undergo written tests on issues related to their professional activities or computer testing to determine the level of proficiency modern techniques teaching and education.

Commission decision

In accordance with clause 13 of the "Procedure for attestation of pedagogical workers", the decision of the attestation commission is drawn up in a protocol and entered into the attestation sheet of a pedagogical worker. This document, as well as an extract from the administrative act of the attestation commission, are stored in the teacher's personal file.

1. Upon successful completion of the certification, the commission issues a verdict: “corresponds to the position held”.
2. If the tests were overwhelmed, the commission decides that the teacher is "not fit for the position."

In this case labor contract with a pedagogical worker may be terminated in accordance with paragraph 3. h. 1. Art. 81 of the Labor Code of the Russian Federation. However, the employer is not required to fire an uncertified teacher. He, for example, can offer him to take refresher courses, and upon completion of them pass re-certification.

In addition, dismissal is not allowed if it is possible to transfer the teaching staff with his written consent to another job (for example, a vacant lower position or a lower-paid job).

Also, in accordance with Article 261 of the Labor Code of the Russian Federation, you cannot dismiss

• the employee during the period of his temporary disability and during the period of being on vacation;
  
• a pregnant woman, as well as a woman with children under the age of three;
  
• a single mother raising a child under the age of fourteen or a disabled child - up to eighteen years;
  
• other persons raising these children without a mother.

Voluntary certification for the first or highest category

Voluntary certification is carried out on the basis of an application of a pedagogical worker to establish the compliance of his qualifications with the requirements for the first or highest qualification categories.

Who is eligible to pass certification

1. An application for attestation for the assignment of the first category may be submitted by:

• teaching staff, uncategorized;
• pedagogical workers with the first category - if the validity period of the previous "voluntary certification" is coming to an end.

2. An application for attestation for the assignment of the first category may be submitted by:

• teachers who have the first category - but not earlier than 2 years after its assignment;
• pedagogical workers with the highest category - if the validity period of the previous "voluntary certification" is coming to an end.

Teachers who have worked in their position for less than 2 years, pregnant women and women on maternity leave, childcare until they reach the age of 3 years are also eligible to apply for voluntary certification.

Who is applying for certification

Each teacher does this independently. The law does not establish centralized deadlines for submitting applications and periods for attestation, therefore, a teacher can apply for attestation at any time.

Teachers who already have a category are encouraged to apply no later than three months before the expiration of the previous voluntary certification. This is necessary so that this period does not expire during the consideration of the application and passing the certification.

How to apply for certification

1. A teacher who decides to submit an application for voluntary certification collects a package of documents:

• application in the prescribed form (there is a sample);
• a photocopy of the attestation sheet of the previous attestation (if any);
• a new attestation sheet filled in up to point 7 inclusive;
• portfolio of their professional achievements(there are recommendations for drawing up), which can be submitted to the certification commission both at the time of submitting the application, and within a month after that.

2. The package of documents is submitted to the attestation commission of the constituent entity of the Russian Federation - in the capital, these functions are performed by the Moscow Center for Educational Law, located at ul. Bolshaya December, building 9.

3. Within a month, the commission considers the application and appoints the date, place and time of the teacher's certification. The period for passing the certification should not exceed 2 months.

Category requirements

According to the "Procedure for the certification of teaching staff" the following requirements are imposed on the categories.

Requirements for the first qualification category:

• personal contribution to improving the quality of education based on improving teaching and upbringing methods;
• stable results of development by students, pupils educational programs and indicators of the dynamics of their achievements are higher than the average in the constituent entity of the Russian Federation.

Requirements for the highest qualification category:

• the first qualification category;
• possession of modern educational technologies and methods and their effective application in practice;
• stable results of mastering by students, pupils of educational programs and indicators of the dynamics of their achievements are higher than average in the constituent entity of the Russian Federation, including taking into account the results of participation of students and pupils in all-Russian and international Olympiads, contests, competitions;
• personal contribution to improving the quality of education based on improving teaching and upbringing methods, innovation activities, in the development of new educational technologies and active dissemination of their own experience in the field of improving the quality of education and upbringing.
  

At the same time, Olympiads, contests and competitions are taken into account only for the assessment of those pedagogical workers whose work provides for these events. For example, this item is not valid for educational psychologists.

How is certification

The qualification test takes the form of an examination of the teacher's portfolio of professional achievements. The meeting of the certification commission can be held both without the participation of the teacher passing the test, and in his presence. The desire to attend the meeting must be written in advance in the application.

If the teacher declared his desire to be present at the meeting, but did not appear at the meeting within the specified period without a valid reason, the attestation commission has the right to conduct attestation in his absence.

Commission decision

In the course of certification, in order to establish the compliance of their professional level with the requirements for qualification categories, the decision of the commission is recorded and recorded in the certification sheet of the pedagogical worker. Then it is approved by the educational authorities of the constituent entity of the Russian Federation. The attestation sheet and an extract from the act of the educational authority are sent to the employer.

1. If the teacher has passed the certification, a decision is made “meets the requirements for the first (highest) qualification category.

The entry on the assignment of the category is made in the work book, in the section "Information about the work". For example: "Established the first qualification category for the position of" teacher "- the subject being taught is not indicated.

2. If the teacher has not passed the certification, a decision is made “does not meet the requirements for the first (highest) qualification category » .

In this case, those who "passed" to the first category remain without a category, and must pass certification for compliance with the position held.

Those who “did not pass” to the highest - the first qualification category remains until the end of its validity period. After that, the certification will have to be passed again - either to confirm the first category, or to establish the highest.

Appealing the decision of the attestation commission

The right to appeal the results of certification is stipulated in the "Procedure for the certification of teaching staff." You can submit an appeal either to the labor dispute committee of the regional education authority or to the court. An application to the court for the resolution of an individual labor dispute is submitted within three months from the day when the employee learned or should have learned about the violation of his right.

Attestation at the enterprise serves to assess the quality of the skills and functional skills of the employee, necessary for him to professionally perform his job duties. Dismissal based on the results of certification occurs when the employee does not meet the qualification requirements, about which there is a written conclusion of the commission. Let's consider how and in what cases it is possible to fire an employee who has not passed the certification.

Dismissal of employees based on the results of certification

The conditions that an employee working at the enterprise must correspond to the position held are contained in Labor Code RF.

The provisions of Article 81 establish that dismissal is possible after certification, at the initiative of the employer of an employee who has not confirmed his qualifications based on the results of certification.

You just need to be very careful about the issue of formalizing the results of knowledge testing, otherwise they can easily be challenged.

Attestation rules

In order to legally dismiss an employee during certification, if he did not cope with the certification requirements, the procedure itself should be properly prepared and carried out in accordance with the Regulation on certification and the norms of the law.

1. An attestation commission should be convened.
2. Certification is possible both orally and in writing.
3. All answers of the employee must be entered in a specially prepared certification sheet.
4. The employee must be familiarized with the completed attestation sheet, against signature.
5. In the minutes of the commission meeting, there should be revenge for each employee, the result of the vote, according to which a decision is made for each individual employee.
6. In accordance with the conclusion of the attestation commission, a mark is put on whether the employee corresponds to his position or not.
7. Certification should be regulated by a special Regulations adopted at the enterprise.

The conditions for attestation are reflected in the Regulations. It may contain other wording about the results of certification. So, for example, you can enter information that the employee corresponds to the position, but must undergo retraining, or advanced training. It is also possible to add information to the Regulations that the certification commission has the right to give recommendations to the employee, with the subsequent rechecking of the implementation of these recommendations by the employee.

Dismissal on the basis of certification

Should Special attention pay attention to the correctness of the dismissal procedure. Indeed, in the legislation there are many options for the outcome of the same event - not passing certification. For example, if an employee who is a member of a trade union is fired, a notification and a written opinion from the body of the trade union organization is required.

In the manner provided for by Art. 373 of the Labor Code, before dismissing a member of the trade union based on the results of certification, all documents on dismissal, including the order and certification results, are sent first to the elected body of the trade union organization. After the trade union has received these documents, within seven days it is obliged to give a written opinion on the possibility of dismissing this employee.

It is prohibited by law to dismiss an employee based on the results of certification if he is on sick leave, or is on another paid or unpaid leave. However, not everything is so simple even if the employee does not pass the certification, if he is not a member of the trade union. His dismissal also does not happen instantly, you need to take into account some procedures.

How is dismissal based on the results of certification

After the certification has taken place, all materials and conclusions of the commission are sent to the employer, the head of the enterprise, authorized to make decisions on dismissal. The manager considers the specified materials, after which he makes decisions on dismissal, or on leaving the employee in office.

It is important that the manager adheres to the deadlines set by the Regulation. If the dismissal during certification occurred later, it can be challenged. The Regulation should clearly state the time frame for the manager to make decisions based on the results of the attestation.

So, if, nevertheless, an employee does not meet the criteria defined for a given position, he can be dismissed only after he, in the proper manner, is offered another job at the same enterprise, which corresponds to his level of qualification. At the same time, it is necessary to notify the employee about the vacancies available for him in writing. The notification is drawn up in such a way that the employee understands that he does not correspond to the position held, but he is offered a transfer to certain vacant positions. In the notification, you need to indicate the column where the employee will sign that he is familiar with all the vacancies existing at the enterprise. And one more column, where he indicates his consent, or disagreement to the transfer to another position.

That is, the dismissal of an employee based on the results of certification does not occur immediately, after the meeting of the commission. The commission indicates its opinion in the protocol, and the employer can decide to send the employee to professional development, training, courses. Or, make a decision that the employee can no longer work in this position, which he does not correspond to.

Dismissal of an employee who refused to pass certification

In itself, the refusal of an employee to undergo certification is not a reason for dismissal. He can be imputed disciplinary action in the form of a reprimand or remark. Nevertheless, according to article 21 of the Labor Code of the Russian Federation, such an employee violates labor discipline at the enterprise. If he was familiarized with the job description against signature, work schedule, Regulations on certification, was duly notified of the upcoming certification, and still refuses to pass it, such an employee can be brought to disciplinary responsibility.

p> If the employment contract and the Regulations contain information about certification and dismissal, in case of repeated refusal of certification, or in case of violation labor discipline employee, he can be dismissed under the article, in accordance with the initiative of the employer.

Opinion judicial practice there are different things. On the one hand, the courts have repeatedly indicated in their acts that violation of labor discipline, if documented, is a legal basis for dismissal. But in the labor legislation there is no article that directly permits the dismissal of an employee if he does not pass certification, in case of his refusal, and not an official inconsistency. Therefore, if an employee refuses to pass certification, this should be documented. The manager has the full right to issue an order to bring the employee to disciplinary action.

Upon completion of the certification, provide all materials to the head of the organization (other authorized person). He must make the final decision on the results of the certification. Include information about the results of the attestation in the employee's personal card. In commercial organizations, the Forms of the attestation sheet and protocol are not established by law. Therefore, they can be drawn up in any form (attestation sheet, minutes of the attestation commission meeting). In state and municipal institutions To carry out the certification of employees, higher departments can establish (recommend) the forms of certification (qualification) sheets and minutes of the meeting of the certification commission. For example: An example of formalizing the results of certification of an employee Five accountants have been certified in the organization.

Dismissal of employees based on the results of certification. legal aspects

Let us recall that at present, quite a lot of professional standards have been developed, and ultimately they are intended to replace qualification reference books. However, it is too early to write off ETKS and the Qualification Directory of the positions of managers, specialists and employees.
On the basis of these Directories (and now professional standards), job descriptions are developed, in which, in addition to the direct duties and functions of the employee, the employer can prescribe requirements for work experience and educational level, as well as other requirements for occupying a particular position (for example, possession of one or several foreign languages, the ability to work on a computer).

Certification of teachers for compliance with the position held

Thus, in your case, you need to: - make changes to the certification schedule, setting in it a new date for its conduct for the absent employee, - invite the employee to read the Certification Regulations and deliver a notice of the certification date, - if the employee refuses to familiarize , draw up an appropriate act, - send a letter to the employee about the upcoming certification and attach a copy of the Regulation on certification to it. Details in the materials of the Personnel System: 1. Answer: How to carry out certification of employees The purpose of certification What is certification of employees? Perform certification of employees in order to determine their business qualities and evaluate the results of their work.

Certification of employees as a basis for dismissal

One of the grounds for terminating an employment contract at the initiative of the employer is the employee's inadequacy for the position held or the work performed due to insufficient qualifications, confirmed by the results of certification (clause 3, part 1 of article 81 of the Labor Code of the Russian Federation). As practice shows, dismissal on this basis quite often ends with proceedings in court, and often their result is the loss of the employer.
In this article, we will tell you what is meant by certification, in relation to which categories of workers it can be carried out, what is its frequency and what is the procedure for dismissing an employee if, based on the results of certification, he is recognized as not appropriate for the position held or the work performed. Attestation concept.

We carry out certification, or how to fire a bad employee?

Such requirements can be established on the basis of the Qualification Handbook approved by the Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37 (Rostrud letter dated April 30, 2008 No. 1028-s);

• positions of employees whose knowledge will be tested during certification;
• the procedure for conducting scheduled and extraordinary attestations;
• the procedure for the formation of the attestation commission;
• certification procedure;
• registration of attestation results (the procedure for keeping the minutes of the attestation commission meeting, issuing an order based on the attestation results, etc.).

The regulation on certification is put into effect by order of the head of the organization. After the regulation comes into force, it is necessary to familiarize with it against the signature of all working employees and each new employee when hiring (Part.
3 tbsp. 68 of the Labor Code of the Russian Federation).

Not as easy as it seems: dismissal based on the results of certification

Regulation on certification and legal norms.

1. An attestation commission should be convened.
2. Certification is possible both orally and in writing.
3. All answers of the employee must be entered in a specially prepared certification sheet.
4. The employee must be familiarized with the completed attestation sheet, against signature.
5. In the minutes of the commission meeting, there should be revenge for each employee, the result of the vote, according to which a decision is made for each individual employee.
6. In accordance with the conclusion of the attestation commission, a mark is put on whether the employee corresponds to his position or not.
7. Certification should be regulated by a special Regulations adopted at the enterprise.

The conditions for attestation are reflected in the Regulations.

What should an employer do if an employee refuses to be certified?

In particular, for the certification of teaching staff, the application form was recommended by the Ministry of Education and Science of Russia and communicated in a letter dated August 18, 2010 No. 03-52 / 46. In addition, on the basis of the recommended forms, regional departments can develop application forms (other forms) for institutions of the constituent entities of the Russian Federation (municipal institutions).

For example, for teachers of state educational institutions Petersburg, the application form is established by the order of the Education Committee of the Government of St. Petersburg dated December 31, 2010 No. 2323-r. The decision to conduct the certification What document should be used to formalize the decision on the certification of employees in the organization Start any certification with the decision to conduct it.

Such a decision should be made by the head of the organization or an employee who is responsible for the appointment of certification. Issue the decision by order.

Important

If the order of dismissal cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it under the signature, a corresponding entry is made on the order.

1. We make an entry in work book... The next step is to make a record of the dismissal in the work book.

According to clauses 14, 16 of the Rules for maintaining and storing work books, a record of the reason for terminating an employment contract is entered in a work book in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law... In this case, if the dismissal is carried out at the initiative of the employer, the entry is made with reference to the relevant paragraph of Art.
81 of the Labor Code of the Russian Federation.

Let's give an example.
The main task facing the heads of enterprises, when they carry out various activities for the certification of their employees, is to optimize the existing work processes in the company and in the organization. labor activity at the enterprise. According to the legislation in force in the country and existing standards, the implementation of measures for the certification of their employees is not considered mandatory for all enterprises or organizations.
At the same time, the existing regulatory rules and norms of the law, as well as legislation in the field of labor relations between workers and employers, determine such a duty for certain types of labor activity and enterprises. In many other enterprises or organizations, such measures for the implementation of certification of their direct employees are carried out at the request of managers and are not considered a mandatory procedure.

If the employee has not passed the certification for the last day

Attention

An important condition that must be fulfilled when carrying out the certification of its employees is that the conditions and procedure for carrying out activities for the certification of employees at enterprises must be fully spelled out. Women who are in a position of pregnancy.

Because even when it is possible to determine their inconsistency with the position held at a certain enterprise, their dismissal will be impossible in accordance with the current article of the Labor Code of the Russian Federation. Employees who, for a certain period of time, are on legal leave related to caring for children under 3 years of age. In addition, the implementation of planned activities that are associated with the direct re-certification of employees provide an excellent opportunity for the rational movement of personnel of their employees.
Oksana Vlasova 12/28/2016 4:19:14 PM Articles on the subject What is easy labor and who falls under it? What kind government bodies investigate the unfortunate ... How is the certification of employees for compliance ...

The employer has full legal right to terminate the drawn up employment contract with a certain employee who does not fully correspond to his position or the work performed in cases where he does not have the required knowledge and experience for a certain qualification. This justification is indicated in stat. 81 points 3 parts 1. Features of dismissal of an employee in connection with the inadequacy of the position held. legal grounds dismiss your employee who does not meet his qualifications, you will need to use the stat.

 

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