Commission for testing knowledge on electrical safety

Why do we need a regulation on an attestation qualification commission at an enterprise?

The employee’s inadequacy for the position held or the work performed due to insufficient qualifications, confirmed by the results of certification, is grounds for dismissal of the employee under clause 3, part 1, art.
81 Labor Code of the Russian Federation. Errors during such a check may result in the reinstatement of an employee dismissed on this basis and payment for forced absence. In addition, certification is the basis for changing the remuneration system in the organization, and therefore the procedure itself, as well as the preparation of documents, requires special attention from the employer. The Certification Commission is a body that resolves the following key issues:

• assignment (refusal to assign) to an employee of the corresponding category;
• confirmation or non-confirmation of the level of professional qualifications of the certified person;
• salary increase;
• career advancement;
• establishing a new incentive system, etc.

The regulations are necessary in order to determine the powers of the commission, its composition, work scheme, area of ​​responsibility, as well as the procedure for certification.

Who is required to undergo certification?

The laws do not restrict employers. They can select any categories of employees when organizing such checks. But in practice it is recommended not to include the following persons in the lists:

• Those with whom a fixed-term employment contract has been signed.
• Minors.
• Old age pensioners.
• Those who took parental leave worked for less than 1 year after leaving the previous such leave.
• If you have worked in the position for less than 1 year.
• Pregnant women.

The rest of the personnel are included on the lists to study the level of training without any problems.

Development and approval procedure

Development is carried out either directly by the manager or, on his behalf, by a responsible employee of the organization. In many industries there are special acts regulating the certification procedure. For example, for teaching staff, the specifics are established by Order of the Ministry of Education and Science of Russia dated 04/07/2014 No. 276, for prosecutors - by Order of the Prosecutor General's Office of Russia dated 06/20/2012 No. 242. These nuances must be taken into account when developing the document.

By virtue of Part 2 of Art. 81 of the Labor Code of the Russian Federation, before approval, the project must be agreed upon with a trade union or other representative body of workers. After approval, the employer issues an order approving the regulations on the certification commission, and only then the document comes into force.

Certification and its results

Based on the results of its work, the commission can issue several recommendations:

• Cash incentive.
• Application of punishments.
• Transfer to another position.
• Assignment to a higher rank.
• Increase or decrease in wages.
• Dismissal.

The manager should not follow these directions without controversy. He only takes note of the information received. If it is decided that the qualification level does not correspond to the position, the option of sending the citizen to retraining courses is acceptable. Or a mentor is assigned to such an employee.

Those for whom the commission has recommended transfer to a higher position may be included in the personnel reserve. This is a relevant solution, for example, if there are currently no suitable vacancies.

If a decision is made to dismiss a citizen, an offer of another position, according to the current level of skills, becomes a mandatory condition. The main thing is to make such proposals in writing in accordance with all requirements.

Contents of the document

Such a local act as the regulation on the work of the certification commission should contain the following sections:

• general norms (the purpose of creation, what guides the work);
• creation and composition;
• work procedure (how the certification procedure goes, how they are assessed, etc.);
• decisions made based on the results.

Let's take a closer look at each of the sections.

The first section indicates the legal grounds, purposes of creation, and legal status.

The second section describes in detail the procedure for creation and composition (who is elected from the composition, the term for which the commission is elected, other issues).

The third section, as a rule, regulates the procedure for conducting certification. You must be very careful when drafting this section and describe in as much detail as possible the procedure for assessing the knowledge and skills of an employee.

In the last section it is advisable to reflect the list of decisions that are made based on the results of certification.

Types of certification

Depending on the timing of the certification events, they can be divided into 2 large groups.

Some managers conduct one-time assessments. Including for employees who are just being hired.

Certification of employees to confirm compliance with the position held

Employee certification is one of the effective methods for assessing the professionalism and motivation of an employee, as well as confirming the employee’s qualifications. There are a number of specialties for which annual certification is a mandatory procedure. For others, certification is rather an initiative of the employer, who wants to be sure that employees correspond to their positions. There are several types of certification that an employer can use:

• Certification based on the result of the probationary period. In many organizations, this is usually a formal procedure, since during the probationary period, immediate managers already develop an understanding of the competence of the new employee.
• Annual mandatory certification usually concerns only specializations identified as a separate list by Government Decree. For the rest, certification can be carried out at the discretion of the employer no more than once a year. Typically, for administrative personnel certification is carried out once a year, for other employees no more than once every three years.
• A promotional assessment is usually carried out when an employee is promoted to confirm their readiness to take on a new position in the organization. Again, this may simply be a formal procedure to summarize and demonstrate the employee's achievements for the time spent in the current position.
• Certification during the linear transfer of an employee to a place where job responsibilities differ from his current responsibilities. This is due to the fact that an employee applying for a new position, which is in no way related to his daily work responsibilities, must prove that he is worthy of taking the new position.

Certification procedure

Before conducting certification of employees, the head of the enterprise issues an appropriate order

. It indicates the timing of the certification, members of the certification commission and a list of employees indicating the position who must pass the knowledge test.

In accordance with Part 3 of Article 82 of the Labor Code of the Russian Federation, if there is a trade union in the organization, its leader must be a member of the certification commission.

In addition, the order for certification must indicate the purpose (scheduled certification, recertification, advanced training, change in wages, etc.).

for the employer to conduct certification

the following employees (there is no direct prohibition in the Labor Code, but there are highly specialized provisions in other sectors of activity):

• working pensioners over 60 years of age;
• pregnant women;
• newcomers (working in a position for less than 1 year);
• employees who passed the qualification exam less than 1 year ago;
• workers who do not require special knowledge.

After this, a certification schedule is formed

. Each specialist who will be present at the certification, including members of the certification commission, must be familiar with this schedule against signature. The schedule can be drawn up for the entire enterprise or broken down by departments and categories of employees.

Postponement of the certification date

allowed under certain conditions:

• business trip;
• vacation;
• disease;
• impossibility of interruption from activities in the event of force majeure circumstances.

On the day of certification, specialists begin one by one or at a time

for certification. It can be taken in any form: oral, written, tests or practice. However, all questions asked of employees must be fully consistent with the qualifications and position of the person being certified.

Example: a payroll accountant should not be asked about the rules for preparing accounting (financial) statements, unless the manager wants to appoint him as chief accountant. Since the job responsibilities of a payroll accountant do not include the preparation of annual reports.

A protocol is drawn up for each employee

. Moreover, it is best for each member of the certification commission to have their own protocol. In this way, it will be possible to find out the opinion of each representative of the commission. All assessments by specialists are recorded in the protocol. If the certification consists of several parts (oral, written, test, practice), then it is better to give your marks for each section.

Each employee may be allocated a certain number of minutes or hours, but this is not mandatory.

After all specialists have been certified, a general protocol is drawn up

, which contains a proposal addressed to the manager about the results of certification of each employee. The general decision can be formed by means of open or closed voting, discussion of all points, or average rating. Also, the commission’s decision can be made either with or without the presence of a certified employee.

There is no unified protocol form; an enterprise can develop it independently and approve it in local documents

. Employees familiarize themselves with the decision of the certification commission against signature.

Evaluation committee

Certification of workplaces for working conditions in 2021 is carried out by a special commission created from the following persons:

• A specialist working in production in the field of labor protection;
• Employer representative;
• Trade union representatives;
• Authorized representative of the certification organization.

Attracting a representative from the certifying organization is a prerequisite. All violations identified and recorded without it will not be legal.

The responsibilities of the commission created to conduct certification include:

An additional responsibility of the company being created is to fill out a certification card.

Composition and goals of the commission

Interesting information

As practice shows, in organizations where a personnel certification procedure has been introduced, labor productivity is much higher than in those where this procedure is considered a waste of time. Certification is beneficial for both parties. The employer will be able to sort out the staffing structure, which will increase labor productivity, and the employee will be able to show his professionalism, which contributes to his career growth.

The frequency of certification is at least once every 3-5 years. The optimal period for the commission’s activities is 3-6 months, but if the organization is large, then the assessment is carried out in stages.

It is customary to distinguish 2 forms of certification:

1. Scheduled – organized within a set time frame.
2. Unscheduled (early) – carried out ahead of schedule.

An unscheduled certification may be appointed if significant miscalculations are discovered in the work, or if employees commit disciplinary offenses that result in poor performance of duties.

The purposes of certification include:

• Employee performance assessment;
• Establishing compliance with the position held by him;
• Identification of deficiencies (if any);
• Preparing a plan to develop or improve the employee's skills.

The chairman of the certification commission is the head of the organization or his first deputy. Members are appointed from among senior staff - qualified specialists. If there is a trade union organization, then its representatives also become members of the commission.

The commission does not have the right to conduct a professional qualification check in the absence of an employee. If the employee was duly notified of the certification, signed the relevant introductory documents, and did not appear at the commission, then in this case the report is left and the employee is considered to have failed the certification.

The activities of the certification commission can be carried out in 2 forms:

• Direct performance assessment;
• Mystery assessment (known as mystery shopping)

Members of the commission undergo certification with the involvement of independent appraisers. All results of activities are recorded in the Protocol.

The table shows the most effective methods for conducting professional inspections:

Results of the commission's activities

The results of the activities of the certification commission are summed up in a general order of the head of the organization. It includes the following information:

• On the assignment of categories to some employees;
• On increasing wages and paying incentives;
• On the abolition of bonuses and reductions in qualifications;
• On the transfer or dismissal of employees whose skills do not correspond to their position.

Additionally, the certification commission draws up a report on the assessment, which indicates the number of employees who correspond to the positions held and those who do not. The result of the activity is the preparation of proposals for each employee.

In the video, a specialist talks in detail about personnel assessment and certification

Certification of workplaces for working conditions is a mandatory procedure for all employers, the purpose of which is to identify and eliminate harmful factors and risks for workers. It allows you to improve working conditions and avoid accidents at work.

Other purposes of its implementation include (Article 209 of the Labor Code of the Russian Federation):

• Identification of factors potentially hazardous to employee health, determination of the hazard class;
• Establishing the need for medical examinations and safety instructions;
• Determination of an additional bonus to employees’ wages and their future pension;
• Preventing access to activities by employees who are not properly trained and do not have personal protective equipment.

Attention! The legislative basis for the issue under consideration is Federal Law No. 426, Order of the Ministry of Labor of the Russian Federation No. 976n, and certain articles of the Labor Code of the Russian Federation.

Order of conduct

In order to check how well an employee’s professional skills correspond to the position, it is necessary that the employment contract clearly defines his job responsibilities. In addition, it is necessary that the employer provides appropriate conditions for their high-quality implementation. If the employer has not provided the employee with all the necessary materials, equipment and documentation, then the employee cannot perform his job functions properly. In such a situation, dismissal based on the results of certification may be considered unlawful by the court.

The procedure for assessing employee qualifications consists of several stages.

Approval of the Regulations

The employer sets the rules for conducting certification independently in a separate internal document. Employees should be familiarized with the adopted Regulations against their signature. If the employee is not familiar with the document, penalties cannot be applied to him for failure to comply with the established procedure.

Preparation for certification

Employees should be prepared for the procedure by explaining its purpose. Next, you need to compile lists of employees, draw up a reference for each person or another document containing complete information about his work activity. The schedule and composition of the certification commission should be approved by order.

Find out how to become a professional accountant here

And we will tell you how industrial safety certification is carried out in this article https://otdelkadrov.online/2892-poryadok-provedeniya-attestatsii-po-prombezopasnosti

Carrying out certification

Members of the commission talk with each employee or ask him to take a test, study the characteristics or certification sheet, and all information is entered into the protocol. In conclusion, they discuss the information received and make a decision for each employee, which is recorded in the protocol and brought to the attention of the employee. The result of the certification is reflected in the employee’s personal card.

Results of qualification assessment

After completing the procedure, the manager makes a decision, the results of certification for compliance with the position held are recorded in the order.