Certification of teaching staff for suitability for the position held

Normative base

The certification procedure is regulated by the following regulatory document: “The procedure for certification of teaching staff of organizations engaged in educational activities”, approved by order of the Ministry of Education and Science of Russia dated 04/07/2014 No. 276. For employees belonging to the teaching staff, there is a separate document - order of the Ministry of Education and Science of Russia dated 30.03. .2015 No. 293.
Certification must be completed every five years (for certain categories of teachers there are exceptions, which are contained in clause 22 of the Procedure). The employer submits a nomination for a teacher for certification of suitability for the position held. The inspection is carried out on the basis of an assessment of professional and business qualities, the results of fulfilling job duties under the employment contract. In terms of job responsibilities, one should be guided by the professional standard “Teacher (pedagogical activities in the field of preschool, primary general, basic general, secondary general education) (educator, teacher).”

What is meant by the traditional employee certification system?

The traditional system is understood as a set of measures to prepare and conduct an assessment of the qualification level of an employee in accordance with the regulations on certification. In this case, the assessment is carried out by a specially created commission of the employer. The procedure for employee certification can be divided into several stages:

1. Development of regulations on certification.
2. Preparation, including developing a schedule, approving commission members, preparing documents and informing employees.
3. Conducting the exam.
4. Recording the progress of the assessment and summing up the results.

Let's look at some stages in more detail.

Frequency

According to Art. 49 of Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation”, certification is carried out once every five years. Some categories of persons may be exempt from undergoing mandatory testing of teachers' professional suitability. For example:

• having qualification categories;
• those who have worked in their position for less than two years in the institution in which the certification is carried out;
• pregnant women;
• employees on maternity leave;
• employees on parental leave to care for a child under three years of age;
• absent from work for more than 4 months in a row due to illness.

Purposes of the audit

Inspection of teaching staff has the following objectives:

• stimulation of raising the level of qualifications of teachers;
• determining the degree of need for advanced training among teachers;
• improving the quality characteristics of the professional activities of persons undergoing inspection;
• differentiation of teachers' salaries in accordance with the qualification category assigned to them.

But if an employee independently expresses a desire to undergo testing, no one can refuse him or prevent him from attending the event. Voluntary pedagogical certification is carried out by teachers who, on their own initiative, want to improve their qualification level. To do this, you need to contact your manager with a corresponding statement. The qualification category is established for a period of 5 years, its results are not subject to extension.

Nuances of certification for suitability for the position held

What it is?

Certification at an enterprise (private or public) is a check of employees of organizations. Such a check allows you to examine the level of knowledge and professional skills of employees.

These indicators are of great importance, since the level of professionalism of employees directly affects the competitiveness of the company , the amount of profit received and the quality of the services provided.

In the public sector, certification is carried out on the basis of the provisions established by law and makes it possible to confirm the compliance of a civil servant with the position he holds .

What is meant by the term “traditional certification”? This is a check of the level of qualifications of employees by the manager through an interview, during which the manager identifies the employee’s level of training, the degree of his involvement in the work process, awareness of current trends, etc.

Based on the results of the interview, the manager can form his own opinion about the employee’s skill level and the presence of any problems. Certifications of this level are ongoing and occur without interruption from the work process.

The company's management decides when and how to check its subordinates. Personnel training can be assessed on the basis of reports, tests, and other qualification tests. Any inspection should be carried out after the following points have been determined:

1. requirements for the qualification level of employees;
2. assessment methods;
3. sequence of procedures;
4. consequences of certification.

If it is discovered that the employee being tested lacks the necessary skills, the employer may decide to replace this employee with a more qualified specialist . In this case, it is important to resolve the issue in strict accordance with the law to eliminate the possibility of violation of the labor rights of dismissed employees.

Source: https://bizakon.ru/kadry/attestatsiya-na-sootvetstvie-zanimaemoj-dolzhnosti.html

Order of conduct

Presentation of the person being certified

The certification itself is a meeting of a commission, which includes the chairman and deputy of the commission, the secretary, other members of the commission, as well as the teacher himself.

Before the event, a representation is created for each employee - a special document that contains a number of information about the employee. The head of the organization must familiarize the teacher with this document against signature a month before the certification. If the employee refuses to sign, the document is certified by the employer.

To pass the test, the teacher must provide a package of required documents in advance.

Required documents:

• application for aptitude testing;
• a copy of the previous inspection document (if available);
• copies of diplomas of pedagogical education;
• a copy confirming the presence of the highest or first category (if any);
• a copy of documents confirming the change of last name, first name, patronymic (if these data have changed);
• reference or accompaniment from the place of work.

Within 30 days after submitting the documents, the teacher will receive a notification to his home postal address containing all the information about the upcoming event - the place and time of it.

How is certification carried out?

The inspection is carried out at a meeting of the certification commission. The teacher has the right to attend the event (if he expressed such a desire in the application). But it is possible that the person being certified did not show up. Despite this, the event will take place, since the employee’s failure to appear at the commission meeting is not an obstacle to the certification.

The certification commission examines the submission, as well as the information provided by the teacher, characterizing his professional activities. The commission checks the professional skills of the teacher, evaluates his ability to communicate with students, etc.

Based on the results of the inspection, the commission makes a decision:

corresponds to the position held (the name of the position is entered)

or, if during the inspection the employee showed unsatisfactory results,

does not correspond to the position held (the name of the position is entered).

The commission makes a decision through an open vote by a majority vote.

If the person being certified was present at the event, the results will be communicated to him immediately after its completion.

At the end of the event, a protocol is drawn up and signed by all members of the council. This document is transferred to the head of the educational organization and is stored in the teacher’s personal file.

Within two days after the event, an extract from the protocol is drawn up for the employee who has passed the certification by the secretary of the organization’s commission. It contains information about the full name, position of the employee, the date of the meeting of the organization’s certification commission, voting results, and the decision made. The teacher gets acquainted with the extract from the protocol against his signature. After this, it is also stored in the employee’s personal file.

Categories

Labor legislation provides for the certification of an employee in order to establish his compliance (non-compliance) with the position held (work performed) [1]. The procedure for conducting certification is established by regulatory legal acts containing labor law standards, or by local regulations in force at the employer. Such regulations reflect the specifics of employee certification, taking into account the specifics of work activity and the conditions for its implementation. The latter fully applies to the certification of teaching staff of organizations carrying out educational activities.

In accordance with the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (as amended on July 21, 2014; hereinafter referred to as Federal Law No. 273-FZ), teaching staff undergo certification for compliance with the position held and in order to establish them qualification category. Order of the Ministry of Education and Science of the Russian Federation dated 04/07/2014 No. 276 (hereinafter referred to as Order No. 276) approved a new Procedure for the certification of teaching staff of organizations engaged in educational activities (hereinafter referred to as the Procedure), which defines the general requirements for certification, as well as its features carried out for the purpose of confirming the compliance of a teaching worker with the position held and for the purpose of establishing a qualification category for a teaching worker.

The Procedure applies to the certification of teaching staff holding positions named in subsection 2 of Section I of the nomenclature of positions for managers and teaching staff of educational organizations (approved by Decree of the Government of the Russian Federation dated 08.08.2013 No. 678 “On approval of the nomenclature of positions of teaching staff of organizations providing educational activities, positions of heads of educational organizations"), including in cases where positions are filled part-time in the same or another organization, as well as by combining positions along with work in the same organization, determined by the employment contract (paragraph 2, paragraph 1 of section 1 Order).

According to clause 3 of Section 1 of the Procedure, the main objectives of the certification are:

• stimulation of targeted, continuous improvement of the level of qualifications of teaching staff, their methodological culture, professional and personal growth;
• determining the need to improve the qualifications of teaching staff;
• increasing the efficiency and quality of teaching activities;
• identifying prospects for using the potential capabilities of teaching staff;
• taking into account the requirements of federal state educational standards for personnel conditions for the implementation of educational programs when forming the personnel of organizations;
• ensuring differentiation of wages for teaching staff, taking into account the established qualification category and the volume of their teaching (pedagogical) work.

Basic principles of certification: collegiality, transparency, openness, ensuring an objective attitude towards teaching staff, inadmissibility of discrimination during certification (clause 4, section I of the Procedure).
Note !
Certification in order to confirm the compliance of a teaching worker with the position held is mandatory for the latter and is carried out, with some exceptions, every five years, and certification in order to establish a qualification category for a teaching worker, on the contrary, is carried out at the request of the relevant employee (see Parts 1–2 of Art. 49 of Federal Law No. 273, clause 5 of section II and clause 24 of section III of the Procedure).

In order to confirm compliance with the position held, the following teaching staff do not undergo certification (clause 22 of Section II of the Procedure):

• having qualification categories;
• those who have worked in their position for less than two years in the organization in which the certification is carried out;
• pregnant women;
• women on maternity leave;
• persons on parental leave until the child reaches the age of three;
• absent from work for more than four months in a row due to illness.

Note:

Certification of teaching staff provided for in subparagraphs “d” and “e” is allowed no earlier than two years after their return from the specified leaves. Certification of teaching staff provided for in subparagraph “e” is allowed no earlier than one year after their return to work.

By the way

The local regulations in force at the employer may determine other categories of teaching staff, whose certification is organized in a time frame different from that provided for by Order No. 276, for example, persons on leave in connection with the adoption of a child (Article 257 of the Labor Code of the Russian Federation), persons those on long-term vacation (subclause 4, clause 5, article 47 of Federal Law No. 273), etc.

Features of certification carried out to confirm the suitability of a teaching employee for the position held

To carry out certification in an educational organization, a special certification commission . On its formation, the employer issues an order (instruction), which approves the personal composition of the certification commission: chairman, deputy chairman, secretary and members of the commission) and, if necessary, regulations on the commission, regulations of the commission, etc.

The Employer also issues an appropriate order (instruction) on certification, which determines the personnel of teaching staff subject to certification, the certification schedule, and, if necessary, other issues regarding the organization of certification activities.

At least 30 days before the date stipulated by the certification schedule, each teaching worker subject to certification must be familiarized with the order (instruction) against signature. For each teaching worker, the employer submits in advance to the certification commission a submission containing information about the teaching worker:

• last name, first name, patronymic (if available);
• name of the position as of the date of certification;
• date of conclusion of the employment contract for this position;
• level of education and (or) qualifications in specialty or area of ​​training;
• information on obtaining additional professional education in the profile of teaching activity;
• results of previous certifications (if any);
• a motivated, comprehensive and objective assessment of the professional, business qualities, and results of the professional activities of a teacher in fulfilling the job duties assigned to him by the employment contract (clause 11, section II of the Procedure).

No later than 30 days before the scheduled date of certification, the employer is obliged to familiarize the teaching staff with the submission against signature. After reviewing the submission, the teacher may, at his own discretion, submit to the certification commission additional information characterizing his professional activities for the period from the date of the previous certification (in the case of initial certification, from the date of entry to work) (clause 12 of Section II of the Procedure). If the employee refuses to familiarize himself with the submission, the employer, in the presence of at least two persons, draws up and signs a corresponding act.

The main form of certification is a meeting of the certification commission, which is considered valid if at least two-thirds of the total number of members of the certification commission are present. The teaching staff subject to certification must be present at the meeting. In case of absence for a good reason (must be documented and reflected in the minutes of the meeting), his certification is postponed to another date, and changes are made to the schedule, which the employee must be familiar with at least 30 calendar days before the date of the new certification. If a teacher fails to appear without a valid reason, the organization’s certification commission has the right to conduct certification in his absence.

During the meeting, the certification commission reviews the submission and (if available) additional information characterizing the professional activities of the person being certified.

If this is provided for by the regulations of the certification commission, members of the certification commission exchange opinions, ask questions both to each other and to the teacher being certified, and, if necessary, make motivated proposals to consider additional information, etc.

Based on the results of consideration of the available information, the certification commission makes one of the following decisions (indicating the position of the certified pedagogical worker in the minutes of the meeting):

• corresponds to the position held (when at least half of the members of the certification commission present voted for the decision on the suitability of the person being certified for the position held);
• does not correspond to the position held.

“The decision is made by the certification commission of the organization in the absence of the teacher being certified by an open vote by a majority vote of the members of the certification commission of the organization present at the meeting.

When undergoing certification, a teaching worker who is a member of the organization’s certification commission does not participate in voting on his candidacy” (clause 16 of Section II of the Procedure).

The results of certification of teaching staff are recorded in a protocol signed by all members of the certification commission and reported to the person being certified immediately after the voting results are summed up. The protocol, along with other documents related to the certification of teaching staff, is kept by the employer. According to clause 20 of Section II of the Procedure for a teacher who has passed the certification, no later than two working days from the date of certification, the secretary of the organization’s certification commission draws up an extract from the protocol containing information about the last name, first name, patronymic (if any) of the person being certified, the name of his position, the date of the meeting of the organization’s certification commission, the voting results, and the decision made by the organization’s certification commission. The employer provides the teaching staff with an extract from the protocol against signature within three working days after its preparation. An extract from the protocol is kept in the personal file of the teacher.

Note!

The results of certification in order to confirm the compliance of teaching staff with the positions they occupy based on assessment and professional activities, the teaching staff has the right to appeal in accordance with the legislation of the Russian Federation (clause 21 of Section II of the Procedure).

The results of the certification are the basis for the certification commission to submit, for consideration by the employer, motivated recommendations on the advisability (inexpediency) of appointing to the relevant positions of teaching staff persons who do not have special training and/or work experience, but at the same time have sufficient practical experience and competence to perform their assigned duties. their job duties are carried out efficiently and in full (clause 23 of section II of the Procedure).

Peculiarities of certification carried out in order to establish the qualification category for a teaching worker

Certification in order to establish a teaching worker’s qualification category is also carried out by a specially authorized body - the certification commission. But in this case, the commission is formed not by the employer (educational organization), but by federal executive authorities or authorized government bodies of the constituent entities of the Russian Federation. It all depends on whose jurisdiction the relevant educational organizations are located (clause 25 of Section III of the Procedure). The principles for forming certification commissions are almost identical to those for conducting certifications in order to confirm compliance with the position held. In this case, the conditions for attracting specialists to carry out a comprehensive analysis of the professional activities of teaching staff are still being determined (clause 26 of Section III of the Procedure).

As noted, this type of certification is of a declarative nature - it is carried out on the basis of a written application from a teaching worker applying for assignment of a qualification category, which is submitted directly to the authorized certification commission. The employee can also send an application by regular mail (letter with acknowledgment of receipt) or by e-mail (with notification in the form of an electronic document). The application indicates the qualification categories and positions for which the teaching staff wishes to undergo certification (clauses 27, 28, section III of the Procedure).

“Applications for certification in order to establish the highest qualification category for a position for which certification will be carried out for the first time are submitted by a teaching worker no earlier than two years after the establishment of the first qualification category for this position. The expiration of the highest qualification category does not limit the right of a teaching worker to subsequently apply to the certification commission for certification in order to establish the highest qualification category for the same position. Applications from teaching staff for certification are considered by authorized certification commissions within no more than 30 calendar days from the date of their receipt, during which:

a) a specific period for certification is determined for each teaching worker individually, taking into account the validity period of the previously established qualification category;

b) written notification is provided to teaching staff about the date and place of their certification” (clauses 30 – 32 of section III of the order).

The duration of certification for each teaching worker from the beginning of its implementation until the decision is made by the certification commission cannot exceed 60 calendar days (clause 33 of Section III of the Procedure).

In light of the topic under consideration, let us pay attention to the basic criteria for establishing the first and highest qualification categories for teaching staff (clauses 36, 37 of Section III of the Procedure).

The first qualification category for teaching staff is established on the basis of:

• stable positive results of students mastering educational programs based on the results of monitoring conducted by the organization;
• stable positive results of students mastering educational programs based on the results of monitoring the education system, carried out in the manner established by Decree of the Government of the Russian Federation of 05.08.2013 No. 662 “On monitoring the education system”;
• identifying the development of students’ abilities for scientific (intellectual), creative, physical education and sports activities;
• personal contribution to improving the quality of education, improving teaching and educational methods, transmitting experience of practical results of their professional activities to teaching teams, active participation in the work of methodological associations of teaching staff of the organization.

The highest qualification category for teaching staff is established on the basis of:

• students achieving positive dynamics in the results of mastering educational programs based on the results of monitoring conducted by the organization;
• students achieving positive results in mastering educational programs based on the results of monitoring the education system, carried out in the manner established by Decree of the Government of the Russian Federation of August 5, 2013 No. 662 “On monitoring the education system”;
• identifying and developing students’ abilities for scientific (intellectual), creative, physical education and sports activities, as well as their participation in olympiads, competitions, festivals, competitions;
• personal contribution to improving the quality of education, improving teaching and educational methods and the productive use of new educational technologies, broadcasting the experience of the practical results of their professional activities, including experimental and innovative ones, to teaching teams;
• active participation in the work of methodological associations of teaching staff of organizations, in the development of program and methodological support for the educational process, and professional competitions.

The content of the certification procedure and the process of the meeting of the certification commission in this case are the same as when conducting certifications in order to confirm compliance with the position held.

According to clause 35 of Section III of the Procedure, certification in order to establish a qualification category for a teaching worker can be carried out both in the presence of the person being certified, and without him, regardless of the reasons for absence.

The assessment of the professional activities of teaching staff in order to establish a qualification category is carried out by the certification commission based on the results of their work (according to the criteria for establishing the appropriate category), provided that their professional activities are actually related to the relevant areas of work (clause 38, section III of the Procedure).

Based on the certification results, the certification commission makes one of the following decisions (indicating the position of the certified teacher):

• establish the first (highest) qualification category;
• refuse to establish the first (highest) qualification category.

The final stage of the certification (up to the possibility of the certified person appealing its results) is the same as in the case of certification in order to confirm compliance with the position held.

True, in contrast to the first type of certification, in this case the results of certification are made public: “based on decisions of certification commissions on the results of certification of teaching staff, the relevant federal executive authorities or authorized government bodies of the constituent entities of the Russian Federation issue administrative acts on the establishment of first or the highest qualification category from the date of the decision of the certification commission, which are posted on the official websites of the specified bodies on the Internet (clause 44 of section III of the Procedure).

[1] Part 2 and clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

Is it possible not to undergo certification?

Many employees are interested in whether it is possible to ignore the event, and what the consequences are. The certification period for teaching staff in 2021 is five years. It is necessary to undergo such a check if the employee does not intend to stop teaching. Also, according to Art. 21 of the Labor Code of the Russian Federation, every worker is obliged to observe labor discipline. Teachers are no exception. Refusal is a violation of labor discipline. For this, the head of an educational institution may impose the following disciplinary sanctions on the teacher: reprimand, reprimand and dismissal (Article 192 of the Labor Code of the Russian Federation).

As for certification for advanced training, it is not mandatory. If the teacher does not confirm his qualifications in a timely manner, it will be cancelled. Accordingly, no punishment will follow for ignoring such verification.