Certification of employees - how to certify employees for suitability for the position held: 5 main stages + tips for obtaining objective certification results


Legislation on certification rules

A normative act establishing uniform algorithms regulating the certification of employees for suitability for the position held has not been adopted to date. There is no article in labor legislation that directly states how employees are certified for suitability for the position held. But Article 81 provides for the possibility of carrying out the procedure in the manner established by the local administrative act of the employer. An important feature is the need to coordinate the draft of such an act with the trade union organization of the enterprise (if any).

Certification of an employee for compliance with the position held (Labor Code of the Russian Federation) allows you to part with the employee. The law includes qualification provisions that allow an employer to terminate an employment agreement with an employee if there is no match between his qualifications and skills and the requirements for the functionality he performs. Only its non-compliance with the requirements must be established by the results of the procedure.

There are other acts that establish how to certify an employee for suitability for the position held in 2021. They describe compliance testing for certain categories of employees. For example, certification of cultural workers in 2021 is carried out in accordance with Letter of the Ministry of Culture dated 02/08/2010 No. 7790-44/04-ПХ. Once every five years, employees who hold the positions of teachers are certified: the procedure is provided for by Order of the Ministry of Education dated March 30, 2015 No. 293. And the heads of federal state unitary enterprises undergo certification in accordance with Decree of the Government of the Russian Federation dated March 16, 2000 No. 234.

If the institution has employees who are not subject to mandatory certification, the employer can, by local act, establish standards that will make it possible to check whether the employee’s qualifications meet the requirements for the position he occupies.

IMPORTANT!

Due to the fact that the certification algorithm is determined by the employer, he has the right to choose the basis for developing a local act himself. We recommend using Resolution of the USSR State Statistics Committee dated October 5, 1973 No. 267 for this.

About the categories of workers subject to certification

Not everyone needs to be certified.

At the legislative level, certification of workers, in order to determine their professional suitability, is not a mandatory process, but, nevertheless, there are separate standards set out in the Labor Code of the Russian Federation, which cannot be ignored by employers.

The following are subject to certification:

  1. All employees performing the functions of civil servants in executive and legislative bodies, and employees of municipal bodies are no exception;
  2. All managers of unitary enterprises;
  3. Employees of aviation companies, astronautics, as well as those engaged in activities involving the use, storage and use of explosive substances and materials, including chemical and nuclear weapons.

The above positions are subject to a mandatory certification procedure, since their field of activity is particularly responsible, so that the likelihood of consequences as a result of their activities does not lead to unpredictable consequences. Other enterprises, including production and industries, may not carry out certification.

Employees of the HR departments of enterprises determine the list of employees subject to certification. The following categories of working personnel are not subject to this definition of professional suitability:

  1. If another 12 months have not passed since the date of appointment to the position, since the certification itself implies that the employee has experience, and this comes gradually when performing functional duties;
  2. For women while expecting a baby. The employee will still go on maternity leave and certification cannot influence this in any way, but there are also human reasons, for example, what is the point of experiencing stress for a pregnant woman;
  3. If the child is not yet 3 years old and the woman is on maternity leave, then the employee should not be checked for suitability for the position held. Certification is valid if 12 months have passed since the date of leaving maternity leave.

You can also certify employees fulfilling labor obligations under fixed-term contracts, for example, lasting 12 months or more, or working part-time.

But this decision is made by the employer, and the proposal can be issued by the inspector of the personnel department.

Why is employee certification necessary?

Certification identifies untrained employees.

Certification activities are carried out to confirm the knowledge and skills of employees in the function they perform. This conclusion is given by a special commission created at the enterprise.

It is possible that in the process of conducting a qualification test, a number of inconsistencies in the employee’s knowledge in the area of ​​activity entrusted to him will be revealed.

In addition to the main evaluation criteria, the following factors can be included:

  • coherence when working with a team;
  • ability to independently solve complex problems;
  • attitude towards management;
  • prospects for career advancement.

Certification has a positive impact on the employee, and gives him the opportunity to see his mistakes and find out in which direction he needs to develop, which helps improve productivity.

But there are also cases in practice when the role of certification has a different purpose in relation to the employee.

Is certification required?

Certification for suitability for the position held is not mandatory. But for certain categories, such as teaching staff (Article 49 of the Law dated December 29, 2012 No. 273-FZ), employees of state and municipal services (Article 33 of the Law dated November 30, 2011 No. 342-FZ, Article 33 of the Law dated May 23, 2011). 2016 No. 141-FZ, Article 48 of the Law of July 27, 2004 No. 79-FZ, Article 18 of the Law of March 2, 2007 No. 25-FZ), the procedure is enshrined at the legislative level. This is due, first of all, to increased requirements for the level of professionalism and training of these categories of workers. In part 4 art. 51 of Law No. 273-FZ of December 29, 2012 clearly states the requirement to evaluate the heads of all educational organizations. This means that certification of the school director for suitability for the position held is mandatory.

Other employers have the right and opportunity to introduce a similar type of control over the professional competence of their employees into personnel management practice and independently decide on its necessity.

Types of personnel certification

To increase the efficiency of employees and increase the profit of the enterprise, there are five types of personnel certification.

Table: types of personnel certification

ViewGoalsConditions
NextObtaining information about the employee’s professional activities, assessing his contribution to the overall work of the team for the reporting period.It is recommended that this be carried out for all employees of the organization once every 5 years.
ExtraordinaryIdentification of employees who are ready for promotion, training or transfer to another position.Carried out as needed.
RepeatedChecking of personnel who have unsatisfactorily passed the previous certification in order to make a final decision on the future fate of the employees.Used for employees who fail the basic test.
Upon expiration of the probationary periodAssessing the professional qualities of a new employee and making a decision on his employment.This applies to all employees on probation.
For promotionDetermination of professional qualities and skills, identification of learning ability, analysis of employee behavior in stressful situations.Appointed in relation to some employees, unscheduled, as personnel needs arise.

Each type of certification is created to address specific personnel issues in the organization.

How to prepare

In order to successfully organize and carry out procedures, a number of steps must be taken at the preparation stage:

  • develop a regulation on the conduct, establishing the procedure for conducting certification for compliance with the position held;
  • approve it by a local act of the organization;
  • establish a list of documents and forms that need to be completed during the procedure;
  • form and approve by local act of the establishment the composition of the certification commission;
  • develop a schedule;
  • notify employees.

What are the forms of employee certification - 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.

Personnel certification using testing significantly reduces conflict situations during its implementation, since all answers are recorded and can be submitted for examination at any time.

However, despite the obvious advantages of written certification, it also has a number of disadvantages, for example, it requires:

  • preparation of tests for certification,
  • processing a large number of questionnaires,
  • analysis of the results obtained,
  • compilation of reporting and statistics by organization and by individual employee.

But now services have appeared on the market that help automate the certification, assessment, and testing of personnel. These are programs that allow you to create tests and surveys, assign them to employees, and summarize all the results in custom reports. In addition, testing does not require computers or classrooms; employees can take the test from their smartphones at any time. You can find a detailed description of the most popular services in the review article.

Who organizes it, how it is carried out

Responsibility for the quality, timeliness and qualified assessment of the professional qualities of employees rests with the certification commissions.

The procedure and timing of certification of employees for compliance with the position held are established in the Regulations on Certification. The director's order approves the composition of the certification commissions and the schedule of meetings. Depending on the specifics of job responsibilities, several certification commissions may be created.

They include: chairman, deputy chairman, commission members and secretary. The most competent employees of organizations are elected to the composition; as a rule, they are heads or deputy heads of departments; employees of personnel and legal services, members of the elected trade union body are often included. Independent experts may also be involved.

Employee certification protocol

The protocol is the main document that contains information about the examinee and the assessment process itself. It records the entire course of the survey and its results. At the end, the employee signs the protocol. There is no unified form; it is developed by the employer independently and included in the certification regulations. Typically, the protocol is printed on company letterhead and contains the following information:

  • document's name;
  • date and number;
  • location of the assessment;
  • composition of the certification commission and list of invited workers;
  • basic information about the person being certified - full name, position, department;
  • a brief description of the answers to the exam questions;
  • the final decision of the commission with a list of votes “for” and “against”.

The protocol is signed by all members of the commission, the last to sign is its head. The assessment results are included in the employee’s certification document.

How to draw up a Certification Regulation

The legislator does not limit the employer and gives him the opportunity to choose categories of employees for certification, the frequency of certification, and also determine the procedure.

The approach to developing a document (to avoid legal disputes or negative reactions from the team) must be careful. The structure of the document, the procedure and its goals should be as transparent and clear as possible. It is logical to include the following parts in the document:

  1. General information.
  2. Preparatory activities.
  3. Carrying out certification.
  4. Final provisions.
  5. Applications.

Attestation and business assessment


Fundamentally different concepts such as “performance appraisal” and “business judgment” are often confused in the workplace. Certification of personnel in an organization is a narrower concept, however, it has more serious consequences. If the DO evaluates the effectiveness of employees in performing their job functions, then certification is an assessment of how the employee’s work correlates with the established standard for a certain specialty. Unsatisfactory results can often become the basis for the legal termination of an employment contract with an employee, however, at the same time, one should not forget about the main task of certification - increasing the productivity of the organization’s personnel. It cannot be elective, so it is held for all employees who work in a certain area. Otherwise, this will be considered as an attempt by management to “get rid” of the employee by dismissing him based on the results of certification.

This practice began to be used in Russia back in 1973, when the original version of the Regulations on the certification plan was developed. Then, in most cases, employees of industrial enterprises (engineers, builders, etc.), which employed thousands of specialists, were subject to certification. Today in Russia, this practice has begun to be used even in small organizations (no more than 100 employees), since for further development they need to assess the professional suitability of staff. By the way, as of today, the example of the 1986 Certification Regulations is still valid. The local act of the company must take into account the rules that were specified in the regulation.

Section 1. General information

Such a section can be represented by a number of parts.

Part 1. Designation of specific goals and objectives. For example, the goal may be the need to:

  • establishing compliance with the employee’s qualifications for the position he occupies;
  • adjustments to the organizational structure;
  • determination of the motivation system.

Certification is also the basis for adjustments in remuneration systems, that is, the staffing table can be adjusted in terms of allowances for complexity, tension, etc.

Part 2. The legislator has not limited the rights of the employer in terms of determining groups of workers subject to certification.

These could be:

  • key employees;
  • part-time workers (including internal ones) working in the institution.

It is better to provide in the document a position that internal part-time workers are certified for the entire list of staff positions, i.e., working in the main position of “manager” and in the internal part-time position of “specialist”, the employee is certified in both positions occupied. This means that the testimonial and review are provided in both versions.

It is advisable to identify in the position a group of workers who will not be involved in the procedure. They are not established in the Labor Code of the Russian Federation. You can rely on other regulations on the topic and still include employees in the list of those who do not pass certification:

  • aged 60 years and older;
  • having less than a year of experience in their position;
  • pregnant women;
  • those on maternity leave and child care leave;
  • under 18 years of age;
  • with a fixed-term employment agreement.

Other employees can be involved in the procedure.

Part 3. Frequency of the procedure.

The frequency of the procedure depends on its goals and objectives.

These could be options:

  • at least once every 5 years (as for scientific workers);
  • no more than once every 2 years, but not less than once every 4 years (as for customs officials);
  • Once every 3 or 5 years (as for engineering and technical employees).

Certification can be carried out every year, but such a schedule is not practical. An acceptable option might be: no more than once every 3 years and no less than once every 5 years.

Part 4. Identification of species.

According to the timing of the procedure, it can be:

  • planned (regular);
  • unscheduled (extraordinary).

The planned one must be determined at strictly established time intervals.

It is advisable to carry out unscheduled:

  • if there is an agreement between the parties;
  • when working conditions change due to technological reasons;
  • in case of repeated failure to fulfill duties.

Such certification will be useful when the employer makes a decision about an employee, established by paragraph 3 of Art. 81 Labor Code of the Russian Federation.

Are pensioners subject to certification?

Subject to certification, like everyone else.

Many, upon reaching retirement age, continue to work at the same enterprise or perform functions with people who have not reached this age category. Do they need to be certified?

The answer is clear - it is necessary. The fact is that he continues to work and holds, for example, the position of a manager or specialist. It doesn’t matter whether he is a pensioner, there is no such clause in the regulatory framework, he is obliged, along with all employees, to go through this procedure. So age doesn't matter.

All employees, without exception, are subject to certification, and if a person can continue to work for health reasons, then the requirements for him remain the same as for all employees.

Section 2. Preparatory activities

This section explains the algorithm of actions for organizing procedures in the company.

Part 1. Determination of the composition of the commission.

Determines the composition and functions of the commission members.

As a rule, the certification commission for suitability for the position held consists of:

  • chairman;
  • members;
  • secretary.

A representative of the trade union (if any) must be present on the commission.

It is necessary to clearly define:

  • the terms of reference of each category, including cases when, instead of the chairman of the certification commission, documents are signed by his deputy;
  • presence or absence of voting rights;
  • having a decisive vote in their general equality.

Powers can be distributed as follows:

  • Chairman - heads the commission, organizes its activities, sets the terms of the procedure, the order of work;
  • members of the commission - take part in checking the qualification level of employees, vote, and collectively decide what the result will be for a particular employee;
  • secretary - collects a package of documents for the procedure, reports the place and time of its implementation, creates a protocol, takes into account the employees who have undergone the procedure.

The composition of the commission is permanent and can be adjusted in the event of a conflict of interest or a change in personnel.

Part 2. Establish the procedure for employee certification.

This part can include information:

  • about persons responsible for creating schedules;
  • list of employees subject to certification;
  • the procedure for informing commission members and employees subject to certification;
  • date and place of the procedure;
  • deadlines and those responsible for sending the documents required for employees to submit.

Schedules can be generated both for the entire enterprise and for its individual structural divisions or groups of positions (managers, specialists, technical personnel).

In practice, cases may arise in which the procedure must be rescheduled (accident, illness, etc.). To do this, the regulations can define cases and the possibility of adjusting dates, determining other deadlines by order, order of the employer.

Part 3. Informing employees about the procedure.

Employees must be notified in advance of the procedure by signature. It is advisable to do this at least one month in advance.

There is no established form of notification, so the employer himself determines how to confirm the fact of familiarization.

If the employee refuses to familiarize himself, the employer draws up a report. If a person is ill, the employer sends a notification of the need to participate by registered mail with notification to the place of registration.

Part 4. Obtaining personnel documents.

Since the certification commission makes a decision based on the documents provided in relation to the employee, the employer himself determines what this document should be and when to provide it.

In practice, a characteristic or review developed by the immediate supervisor is usually required. The employee is familiarized with such a document in advance in writing.

The characterization and certification sheet will help the commission understand the employee’s attitude to his duties and establish a list of questions for the person. The regulations can determine the form of documents. If the form is not approved in the regulation, it can be established by a separate order.

It is advisable to provide for the possibility of an employee disagreeing with the text of the description and submitting a refutation to the commission.

The deadlines for sending all documents are set by the schedule.

If the outcome of the certification is ambiguous, failure to provide timely references may become the basis for a court decision on the illegality of the results of the procedure.

How to get objective results of employee certification - 3 useful tips

Objectivity is an important component of personnel certification.

Our advice will help you avoid problems in this matter.

Tip 1: Expand your lineup as much as possible.

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 (SOUT).

Need more information on a topic? Watch the video!

Section 3. Conducting certification

In the section “How certification is carried out for compliance with the position held,” it is necessary to describe the algorithm of actions of the employer and employee in the certification process.

Part 1. Determination of quorum.

The regulations must establish the number of commission members whose presence is required to make a valid decision (usually 2/3). If the quantity is smaller, it is better to reschedule the procedure to another date.

Part 2. Deciphering the procedure algorithm.

This part should provide for the procedure to be carried out against the employee in person in the presence of his immediate superior.

The manager introduces the subordinate, then the commission receives questions for certification regarding suitability for the position held.

After answering all the questions, the employee being certified leaves the room, the commission and the employee’s manager discuss the results and make a decision.

Once a decision has been made, the employee is invited to announce the results.

Part 3. Determination of the decision algorithm.

The decision can be made by a simple majority of votes, taking into account the documents received by the commission, the characteristics of the manager, and communication with the person being certified.

The employee’s work activity is subject to assessment taking into account the requirements for qualifications and skills for the position. The person’s personal contribution to the implementation of the organization’s goals, complexity and volume of work must also be taken into account.

It is necessary to take into account the presence or absence of operational disturbances.

In case of equality of votes, the final decision rests with the chairman. Doubtful issues are resolved in favor of the employee.

Part 4. Formulations of the commission's decisions.

In this part, you need to determine what decisions the commission can make:

  • corresponds to the position held;
  • appropriate for the position and recommended for promotion;
  • corresponds to the position held, subject to additional training;
  • consider demotion;
  • does not correspond to the position held in the civil service.

Part 5. Formalization of the decision.

There are few design options: a protocol and entering information into an attestation sheet. The protocol is one for everyone, the certification sheet is for everyone.

Only those members of the commission who were actually present have the right to sign the document.

The next step is to send the sheet to the HR department. Based on this, an order is issued. But it is better to indicate the deadline for the employer to make a decision on compliance with the commission’s recommendations by defining the specific duration of the period between certification and the adoption of the final decision. The order must be issued within the time frame established by the employer, but not longer than 1 month. An administrative document is the manager’s adoption of a final decision based on the results of the procedure.

Part 6. Respect for employee rights.

In this part, you can set up an algorithm for an employee to appeal the commission’s decision in the manner prescribed by law.

Unscheduled certification

In addition to periodic scheduled certifications, unscheduled certifications are practiced. It is carried out, as a rule, in relation to individual employees. The need for this may arise in the following cases:

  • resolving the issue of promotion (demotion) in position;
  • deciding on a salary increase for the same position;
  • if there are any doubts about the employee’s professional suitability;
  • violation by an employee of safety and labor protection rules in the workplace.

The possibility of unscheduled certification must follow from the organization's adopted LNA, otherwise the decision made based on the results of the unscheduled certification can be regarded as biased towards an individual employee. It should also be borne in mind: if an employee successfully passes a scheduled certification, a similar unscheduled procedure with a negative result may be challenged.

Important! Unscheduled certification should not be confused with extraordinary. It is possible only in relation to a limited number of organizations controlled by Rostechnadzor, and only if an accident occurred in the organization or there was an emergency (Regulation No. 37 of 01/29/07 of Rostechnadzor, clause 15).

Preparation and submission deadlines

The basic document for starting the certification of employees for suitability for the position held is a submission for verification of suitability for the position held. The document also has other names: review of professional activities, characteristics.

The document is drawn up by the immediate supervisor. It reflects the results of the certified person’s work, his attitude to the performance of his duties, and provides a comprehensive assessment of his business qualities. It is the representation that is the vector that sets the direction, determines the course, and on which the final decision made by the commission depends. Therefore, it is recommended to take a responsible approach to its preparation, to exclude formalism and superficiality of judgments.

Most often, the following data is reflected in the view:

  • Full Name;
  • the full name of the position held by the employee as of the assessment date;
  • date of appointment to the position (conclusion of an employment contract);
  • education, specialty (direction of training), professional qualifications;
  • advanced training (retraining) courses;
  • date and results of the previous assessment (if available);
  • a detailed, complete description of professional qualities, achievements (omissions) in the course of work, attitude towards work and performance of labor functions, etc.

The employee gets acquainted with the submission under signature within the time limits approved by the Regulations. For teachers, this period is fixed in the Order of the Ministry of Education and Science dated 04/07/2014 No. 276 and is at least 30 calendar days before the inspection.

IMPORTANT!

If the employee does not agree with the representation and refuses to sign it, the employer draws up a standard act, which, in addition to him, is signed by two witnesses.

Employees also have the right to provide the certification commission with additional information about themselves that characterizes their professional activities (awards, diplomas, etc.).

Personnel certification system

The certification system is a set of principles, criteria, methods and methods for assessing personnel, as well as labor efficiency factors.

The immediate objects of certification are:

  • the result of the work of each specific employee;
  • creative potential of the subject;
  • the quality of a person's performance of his job duties.

The personal qualities of employees cannot be subject to certification assessment.

In order to build a certification system that contributes to the development of the organization and helps it achieve short-term and strategic goals, it is necessary to clearly understand what factors can influence the improvement of labor efficiency. These factors can be both on the part of the employee and on the part of the enterprise.

Employee productivity increases if:

  • In addition to his skills and abilities, he has well-developed personal and business qualities;
  • he understands his goal and follows it clearly;
  • he has good motivation;
  • he is not involved in conflict with immediate and senior management;
  • he observes the standards of work ethics and morality;
  • his health condition does not prevent him from performing his job duties.

An enterprise can improve employee performance by:

  • improving physical working conditions (noise insulation, lighting, ventilation, etc.);
  • adjustments, according to the recommendations of specialists, of leadership and management style;
  • use of a labor incentive system;
  • replacing outdated equipment with modern ones;
  • timely provision of workers with the necessary resources.

All of these factors affect the quality of the company's work. If management has the goal of maximizing the efficiency of personnel, then simultaneously with certification, which checks the competence of employees, it should pay attention to factors acting on the part of the enterprise.

Thanks to certification, you can identify factors that can increase employee productivity

What it is?

In the classical sense, certification is a confirmation of qualifications, level of knowledge and skills . As a result of passing any certification, a certificate of completion with the specified results is issued.

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.

Watch the video about employee certification:

Change of material conditions


If an employee is transferred to another position based on the results of certification (demotion or promotion), then this change in the essential provisions of the employment contract must be confirmed by an additional agreement (two copies). If the employee refuses the transfer, the manager has legal grounds for dismissal. The fact that the employee will be transferred to another position must be notified 2 months in advance. If a subordinate does not want to work in a lower position, or there are no vacancies in the company, the only option is dismissal. The manager has one month to decide to cancel the employment contract. If he missed this deadline, then dismissal of the employee in connection with the certification results will be impossible. Dismissal that took place after the period specified in the regulation can be challenged.

Article No. 81 of the Labor Code of the Russian Federation provides that if an employee has not passed certification at work based on the results of the commission, then the manager has the right to terminate the employment relationship with him (with the exception of the groups of employees indicated above). There are situations when an employee wants to appeal the decision of the commission that led to his dismissal. This procedure is regulated by Article No. 392 of the Labor Code. The specialist has 30 days to file a lawsuit to review the review, which, in his opinion, is untrue (the period can be extended if there is a good reason). No duties are charged.

Who undertakes to undergo certification?

Mandatory qualification confirmation is provided for by federal legislation for certain groups of specialists, which include energy workers, teachers, and those who work with explosives and other hazardous aspects of production. To give an example, the following groups of employees can be specified:

  • specialists involved in ensuring transport security;
  • civil servants;
  • subordinates involved in loading and unloading operations;
  • workers from the field of industrial safety;
  • employees who manage unitary organizations;
  • other employees mentioned in the company's regulations.

Stages


The procedure for employee certification is as follows:

  1. Initially, authorized persons develop an assessment schedule.
  2. The employee receives notification of future personnel certification at the enterprise in writing (no later than two months in advance). The subordinate must sign the order to continue the preparation process.
  3. After drawing up the order and its certification, you can begin to create an expert group that will carry out the assessment. In most cases, the commission consists of qualified specialists, as well as trade union members.

    Important! A manager who directly manages the work of a specific subordinate cannot be a member of the commission. This condition (especially in small organizations without branches) is very difficult to fulfill, so companies usually create several commissions.

  4. Next comes the preparation of certification forms, as well as characteristics. The latter will act as an auxiliary tool for the commission if its members are not familiar with the persons being certified. The form of this document is approved by a local act.
  5. Before conducting certification, the commission enters data into the protocol, where all information about the employee’s qualifications must be posted in advance. If its confirmation requires the completion of written tasks, then they are drawn up on a separate form and serve as an addition to the protocol. If any additional information appears about the employee’s professional suitability directly during certification, members of the expert group can either immediately begin to consider it or pause to process additional data. This must be noted in the protocol.
  6. After hearing and discussing all participants, highly qualified specialists proceed to vote, and in some cases, employees are also allowed to be present during the announcement of the results.
  7. The last stage of certification is the processing of the protocol with the results by the manager and making personnel decisions (completing advanced training courses, transferring to another position or terminating the employment relationship). A corresponding decree is issued about all personnel changes that are the result of certification of social workers (an example of it can be downloaded on the Internet).

Employee portfolio

Portfolio is a collection of systematized information that indicates the level of qualification of a specialist , his professional development in the course of his work activity and the presence of achievements.

A portfolio is a folder with files. Each file contains information about professional achievements (certificates, awards, diplomas, letters, testimonials, etc.).

All information must be documented and dated.

The documents for the portfolio may also include a review of the work of the person being certified, which is compiled by the manager and contains the following information:

  • Employee's full name. Position of the employee (in accordance with the staffing table).
  • Name of the structural unit.
  • Length in position.
  • Level of professional competence.
  • Attitude to work.
  • Performing skills, organizational skills, etc.
  • Leader's conclusions.

Who is not subject to certification


Among the employees who cannot be involved in certification, the following groups are distinguished:

  • pregnant women;
  • single mothers;
  • breadwinners of families with children under 3 years of age;
  • persons who work part-time or part-time;
  • employees working on a temporary contract (its duration should not exceed 2 years);
  • specialists who have worked in the company for less than a year (it is believed that they have not yet gained enough experience, so any form of assessment would be inappropriate).

Of course, such employees can still undergo certification, however, its unsatisfactory results cannot serve as a reason for dismissal. In this case, the manager needs to provide a socially protected subordinate with another full-time position with lower qualification requirements. The process is regulated by Article No. 261 of the Labor Code of the Russian Federation. An employment agreement can only be canceled by mutual consent of the parties.

Certification of employees for suitability for the position held - types of procedures and documents

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Certification can be scheduled or unscheduled. The first is carried out in cases provided for by law or local regulations of the company. Unscheduled is relevant when dangerous situations arise at work, facts of dishonest performance of duties are recorded, or an employee is promoted to a higher position.

According to clause 7 of the Regulations, before conducting certification, the organization must issue a document containing information:

  • on the creation of a certification commission;
  • approval of the procedure schedule;
  • compiling a list of those certified;
  • preparation of documents for the procedure.

An employee’s obligation to undergo certification can be stated in an employment contract, internal labor regulations, or some other local act of the organization. It is also advisable to describe the employee’s responsibilities in the job description - this information will become a criterion for assessing the compliance of his professional level with the requirements.

Objectives


First of all, certification helps to conduct a detailed analysis of the work of subordinates, identify their “vulnerabilities” that complicate the production process, create an individual professional development plan for each specialist, and stimulate professional development. There is an inventory of competencies that allow management to achieve their goals. The work of each employee must be considered on the scale of the entire company, and not just a specific branch. In addition, certification helps to competently carry out personnel changes and expediently use the remuneration system.

It is quite possible that a distinguished employee, after demonstrating his abilities, will be able to receive an increase in his salary, and also apply for a top position (he will be added to the personnel reserve). If the employee has not passed the certification, he will be offered advanced training courses. Otherwise, the employer has legal grounds for terminating the employment agreement.

The level of qualification, which acts as a guideline during the certification of social workers, is established by the educational diploma. Other documents evidencing other acquired data (for example, a certificate of completion of courses, seminars) and the specialist’s work experience may also be considered.

Procedure

Employees need to know how certification is carried out to be sure that their rights are not violated . Let's look at the procedure step by step.

Dates

The regulation, signed by the head of the enterprise, clearly states the frequency of inspections of this kind. For example, certification is carried out once every three years, once every 4 years. Acceptable inspection range: 1-5 years.

In addition to the frequency of inspections, their duration is also established. The beginning of the procedure is the date of publication of the order, signed by the head of the enterprise, on conducting an inspection and approving the composition of the certification commission. The end of the audit is the date of drawing up the final report on the results.

Each organization itself sets the timing of such procedures, depending on the number of employees, the composition of the commission, and the level of qualification requirements.

The optimal period, which is usually used in practice, is 3-6 months . As a rule, during this period of time it is possible to fully conduct certification of employees at any enterprise.

For organizations with a very large number of employees, it is recommended to carry out certifications in stages to meet the deadline of 3-6 months.

You can break down the certification by year, taking into account the frequency of inspections. Every year, for a set period of time (3-6 months), a portion of the personnel will be checked.

Preparation

Preparation for certification begins with the issuance of an order that approves the position. The regulations indicate all the nuances of the procedure, assessment methods, necessary documents, and deadlines.

Based on the existing situation, a certification order is issued . The order notes that a certification commission will be formed to carry out the inspection, and its composition will be determined.

Example of an order:

Notification to employees

Timely notification of employees is the employer’s responsibility , which is enshrined in the inspection regulations. Notification must be subject to the following conditions:

  • providing information about the timing of the inspection (minimum one month);
  • provision of certification schedules (at least one month);
  • familiarization with the characteristics presented for the employee. Compiled by the immediate supervisor (at least a week in advance).

Based on the results of the inspection, the employee has the right to receive for review copies of documents containing information about the number of points he scored and recommendations.

Example notification:

Main stages

Main stages of certification:

  1. Preparation of the necessary materials (forms for the certification commission, in which points will be assigned to the employee, assessment sheets for colleagues, assessment sheets for immediate supervisors, self-assessment sheets).
  2. Grade . An assessment is made of the employee’s qualifications, the degree of respect for him in the team, and his immediate supervisor’s satisfaction with his work. The assessment is aimed at identifying the feasibility of an employee’s position in a position and determining the prospects for his further development.
  3. Registration of decisions made. Based on the results of employee certification, personnel decisions are made. For example, promotion or demotion, transfer to another department, salary increase or decrease, dismissal, etc. The decision is formalized as an order and handed over to the employee for review.

Questions for certification

The main document on the basis of which the professional level of an employee is assessed is his job description , otherwise - the professional standard. These documents always provide a complete list of qualification requirements for the employee.

The job description, as a rule, contains references to regulations at the federal level and to local regulations (internal documents of the organization).

Certification questions, which the employee will need to answer during the inspection, are drawn up based on the content of the job description. Questions can be formulated in the form of tests, questionnaires, etc.

Map and protocols

Attestation card is a document that is drawn up based on the results of an audit and contains information about the employee’s compliance/non-compliance with the position held.

The map contains the following information:

  • Full name of the employee, year of birth, marital status.
  • Position of the employee (in accordance with the staffing table).
  • Name of the structural unit.
  • The name of the educational institution from which the employee graduated (indicating the specialty and period of study).
  • Experience in the organization (general).
  • Seniority in position.
  • Information about taking advanced training and retraining courses.
  • Information about the availability of awards.
  • Information about penalties, if any.
  • Certification score determined from assessment sheets.
  • Comments and suggestions made by members of the commission.
  • Comments and suggestions expressed by the employee himself.
  • Evaluation of the employee by the commission (number of votes for and against).
  • Commission recommendations.
  • Signatures of the chairman, secretary, members of the commission.

Example of an attestation sheet:

Also, based on the results, a protocol is drawn up, which indicates:

  • Date and document number.
  • Information about the composition of the commission (full name and position of chairman, secretary, members of the commission).
  • Information on the consideration of materials obtained as a result of employee evaluation.
  • Conclusions drawn from the results of the materials received.
  • Signatures of the chairman, secretary, members of the commission.

Conclusion

The inspection regulations must clearly specify the list of documents that are drawn up based on the results of the certification.

Based on the study of the submitted materials, the commission fills out employee certification cards and draws up minutes of the meeting . These documents indicate the decision made regarding the employee by the members of the commission as a result of the vote. Based on this decision, recommendations are formed.

The commission’s decision may sound like “suitability for the position held.” In this case, the employee is assigned the right to continue working with the possibility of advancement up the career ladder.

In case of “inconsistency with the position held,” the employee is transferred to a lower position, demoted in rank, fired, etc.

There is also the wording “ conditional compliance with the position held .” In this case, the employee demonstrated that he has the required level of qualifications, although there are a number of problems that require improvement.

The commission formulates recommendations regarding such employees and sets a deadline for conducting extraordinary certification in order to verify the employee’s compliance with the established recommendations.

Based on the results of the general certification of employees, the commission draws up a report, which indicates the results of the audit: how many employees meet the positions and how many do not. The report is submitted for consideration to the head of the organization.

The manager organizes activities aimed at eliminating problems identified during the inspection and carrying out personnel changes if necessary (assigning ranks and qualifications, promotions, demotions, transfers to other structural units, dismissals, incentives, etc.).

employee review form.

If an employee refuses to undergo certification


Refusal to undergo certification cannot serve as a reason for dismissal, therefore only disciplinary liability is provided in the form of a written reprimand (Article No. 21 of the Labor Code). The fact is that the labor legislation of the Russian Federation provides for the possibility of dismissal only in connection with professional incompetence. It is prohibited to take disciplinary measures against an employee of an enterprise if he has not been familiarized with the Regulations on the Certification of Employees and has not been notified of its implementation two months in advance.

When an employee has signed an employment contract and Regulations and repeatedly (!) refuses to undergo certification, then the employer has the legal opportunity to fire him under the article due to regular violations of labor discipline. If we look at any example of judicial practice, the majority of such cases are won by the manager.

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