The Ministry of Education promises that from 2020 all teachers in the country will be certified according to new rules. In the meantime, the federal model is being discussed, Moscow has developed and operates its own system for assessing teachers’ professional suitability.

The fact that the previous certification system did not suit either teachers or officials became obvious long ago. After all, in order to get a higher category, teachers had to collect tons of papers and go to advanced training courses, often at their own expense. But how to objectively evaluate a teacher’s professionalism? And who should rate him?

A couple of mouse clicks

The Unified Federal Assessment Materials (EFOM), as the Unified State Exam for teachers is now called, proposes to include several testing blocks: a written test on the subject, a video recording of a lesson, and solutions to pedagogical “cases,” that is, problematic situations that may arise at school.

However, this approach gives rise to many discussions and objections. And is it worth reinventing the wheel if it has been working effectively in Moscow since 2014? modern system certification, the experience of which even Western colleagues are not averse to adopting? Every year, 25 thousand teachers undergo certification in the capital. How it works?

The teacher fills out the application in electronic format in the “Certification” section of the information and analytical system “Moscow Register of Education Quality”. This can be done from a computer, tablet, or even a smartphone. Next, the teacher selects a category - first or highest, and presses the “Submit” button. Moreover, there is no need to collect any certificates, papers, etc.

Since the “Certification” module is integrated with other city information systems, then data about the teacher and the results of his students are collected automatically and simply attached to the application for certification. After this, the City Certification Commission makes a decision to assign qualifications or refuse. That's all! Qualification category is set for 5 years. An application for the highest category can be submitted no earlier than 2 years after being assigned the first category.
“The work of all systems is aimed, first of all, at freeing teachers from additional unnecessary and even harmful work on drawing up reports, certificates and plans, so that they have more time for direct communication with students,” emphasizes Director of the Moscow Center for Quality Education Pavel Kuzmin.

"The main criterion for the City certification commission- student achievements, - explains the features of the capital’s certification model director of school No. 1520 named after. Kaptsov Vita Kirichenko.- Thus, in addition to the rational use of the teacher’s time, the task of assessing the real professionalism of the teacher “here and now” is solved, and not the process of his work, not his potential capabilities. And the greater the school’s contribution to quality education in Moscow (the higher its rating), the less effort and time is spent on the certification procedure. The more success our students have, the higher the teacher’s chances for professional recognition and encouragement. Thus, in high level The whole school team is interested in professionalism.”

Not only the Unified State Exam

According to the certification procedure, a teacher of a school included in the top 399 who has contributed to the school’s achievement of such positions, by decision of the administration, can be certified without uploading all learning results and without considering them at a meeting of the City Certification Commission. Moreover, not just the actual results of students studying with a given teacher are taken into account, but the dynamics: improvement in the performance of both weak and strong students.

But what about a teacher working in a school where there is a difficult group of children who cannot pass the Unified State Exam with high scores or become winners of Olympiads?

“Moscow provides many opportunities for teachers to prove themselves and pass painless certification,” says Chairman of the subject teachers' association foreign languages city ​​of Moscow Ekaterina Morozova. - For example, if a teacher has been trained as an expert of the subject commission of the Unified State Examination (checks the work of graduates) and has worked as one for at least 3 years, then certification is carried out automatically. If a teacher has become a prize-winner in a professional competition (there is an approved list of them), he is actively working in the Moscow e-school", then they can also pass certification according to a simplified scheme."

“The certification model for Moscow teachers is constantly evolving,” continues Pavel Kuzmin. - Teachers are offered new opportunities for professional development and unleashing their creative potential. (For example, in September of this year it was decided that experts from WorldSkills Juniors, that is, championships, have preferences for certification professional excellence in working professions among children under 16 years of age. - Ed.) The certification procedure is aimed at adequately assessing the work of each teacher. But in Moscow, it also gives the teacher the opportunity to focus on solving pedagogical problems and achieving high results, without being distracted by a quest called “Pass the Certification.”

Why test teachers?

What do Moscow teachers themselves think about the new Moscow certification system?
“Last year I passed certification for the highest category,” says computer science teacher at the Vorobyovy Gory educational complex Roman Svirin.- I can’t even remember the process itself, because I practically didn’t have to do anything. I have 14 winners municipal tour All-Russian Olympiad schoolchildren, and the average Unified State Exam score of my graduates is 70. The school already had all this information. And the employee responsible for certification at the school referred them to the commission. I heard about new model certification, which is currently being discussed at the federal level. We teachers have a lot of questions for her. In particular, the teacher is required to film his lessons and send them to the commission. When should he learn the technology of creating a video? Instead of working with children, will he spend time and energy on this? But the main thing is what will be the evaluation criteria and who will be given this right?”

Agrees with a colleague and art teacher at school No. 1324 Alina Bakhmetyeva:“I spent a maximum of half an hour on certification and received the highest category. Of course, my students do not pass the Unified State Exam, but for 4 years in a row some of them have become winners and prize-winners of competitions and olympiads. Therefore, the school management suggested that I apply for an upgrade. I do not entirely agree that in the proposed federal certification model, a teacher will be able to receive 60% of points for evaluating a video lesson, passing a test, solving problematic theoretical problems, and only 40% for the educational results of his students. But the achievements of children should come first! I talked with colleagues who participated in testing the federal model. For some of them, the school administration helped film and edit videos and provided methodological support. And someone did everything themselves. Basically, the ability to create beautiful video- not superfluous. But such work takes a lot of time. And there is less and less time left to prepare for lessons and work with children.”

“I think that the employer should be involved in certification,” says Ekaterina Morozova. - And the teacher is to teach children, and not to run somewhere to take something. At least by force. By the way, in Moscow there is a Center for Independent Diagnostics. If a teacher wants to test himself, he can take tests. This does not oblige him to anything, he can even do this anonymously - and at the same time understand where and what competencies he lacks and what needs to be developed. And forcing people to take exams is disrespect and distrust of teachers. There are a lot of older teachers in the country, they are great professionals, and they need to be protected. Why put them in a situation of stress and psychological discomfort?”

The capital's certification system was recently highly appreciated by colleagues from the regions and foreign teachers. For 2 years, delegations of education system specialists from more than 50 regions of Russia came to study the Moscow experience.

“One of the components of the Moscow model is the electronic transmission path, so it can be called all-encompassing,” she shared her impressions Chairman of the Union of Bulgarian Teachers Yanka Takeva, who visited the Moscow Center for Quality Education with colleagues.

“Behind the seemingly simple procedure is the result of the work of the capital’s education system, which is possible given the availability of resources and the solution of a number of complex problems,” notes Vita Kirichenko. “When you analyze the achievements of Moscow schoolchildren, the results of the capital’s education system, you come to the conclusion that the certification model created in Moscow is a model that previously could only be dreamed of!”

And personnel certifications. Today it is difficult to imagine an effective model of personnel management without the institution of certification.

Personnel certification— personnel activities designed to assess the compliance of the level of labor, qualities and potential of the individual with the requirements of the activities performed.

Main purpose (task) of certification- identify the potential capabilities of an employee (person) and, if necessary, send for additional training, as well as financially encourage and motivate the most competent and experienced.

Personnel certification serves as the legal basis for transfers, promotions, awards, and size determination wages, as well as demotions and dismissals. Certification is aimed at improving the quality of personnel, determining the degree of workload of workers and their use in their specialty, improving the style and methods of personnel management. She
aims to find reserves for growth, increase labor productivity and employee interest in the results of his work and the entire organization, the most optimal use of economic incentives and social guarantees, as well as creating conditions for more dynamic and comprehensive personal development.

There are four types of employee certification:

1. Another certification is mandatory for everyone and is held at least once every two years for management personnel and at least once every three years for specialists and other employees.

2. Certification upon expiration probationary period is carried out in order to develop reasonable recommendations for the use of the certified employee based on the results of his labor adaptation at a new workplace.

3. Purpose promotion certification is to identify the potential capabilities of the employee and his level vocational training to do more high position taking into account the requirements of the new workplace and new responsibilities.

4. Certification when transferring to another structural subdivision necessary in cases where a significant change occurs job responsibilities and the requirements of the new workplace.

Certification is carried out in all departments of the organization. The list of positions subject to certification and the timing of its implementation are established by the head of the organization.

Certification methods

There are many different certification methods, but in practice they are mainly different variations of the following methods:

• Ranging, within which it is required to place subordinates in order depending on their merits (achievements), and, as a rule, according to their actual ability to perform the job, although sometimes the ranking is carried out according to several selected characteristics.
• Classification, in which employees are classified into several predetermined categories of achievement (merit) based on the overall performance of the employees. As a rule, there are five of these categories.
• Grading scale— the most commonly used certification method. It is based on a list of personal characteristics or factors, against each of which a scale consisting, as a rule, of five points is placed, and the manager (supervisor) notes on the scale to what extent a particular factor or characteristic is inherent in the employee.
• Open assessment method is a relatively recent innovation that was introduced due to the unsatisfactory design of the rating scale. Instead of forcing a manager to evaluate a range of personal characteristics that may not necessarily be appropriate for performance appraisals, the new method focuses on the nature of the job being performed, requiring the manager to speak only a few sentences about the employee being assessed instead of checking boxes in columns.

Stages of certification

Certification is carried out in several stages: preparation, certification itself and summing up.

Preparation, carried out by the personnel service includes:

• development of principles and methodology for certification;
• edition regulatory documents on the preparation and conduct of certification (order, list of the certification commission, certification methodology, certification plan, management training program, instructions for storing personal information);
• preparation of a special program to prepare for certification activities (when conducting certification for the first time using a new methodology);
• preparation of certification materials (blanks, forms, etc.).

Carrying out certification:

• Certified persons and managers independently (according to the structure developed by the personnel service) prepare reports;
• those being certified and not only managers, but also employees and colleagues fill out assessment forms;
• the results are analyzed;
• Meetings of the certification commission are held.

Summing up the certification results:

• analysis of personnel information, input and organization of use of personal information;
• preparation of recommendations for working with personnel;
• approval of certification results.

Analysis of certification results:

Job evaluation:

• identifying workers who do not meet labor standards;
• identifying workers who meet labor standards;
• identification of workers who significantly exceed labor standards.

Personel assessment:

• diagnostics of the level of development of professionally important qualities;
• comparison individual results with standard job requirements (by level and specificity of positions);
• identifying employees with qualities that deviate from standards;
• assessment of prospects for effective activities;
• growth assessment;
• rotations.

Mixing and data processing, As a rule, they are carried out upon completion of certification. To summarize

• Comparative tables of employee performance are compiled;
• risk groups are identified (inefficient workers or workers with a suboptimal level of development of professionally important qualities);
• growth groups are identified (workers oriented and capable of development and professional performance);
• Recommendations on the use of certification data are being prepared.

Conducting interviews based on certification results. In addition to feedback from the person being certified, during the conversation, data is clarified and additional personnel information is collected. Then new and updated data are entered into generalized forms and analyzed.

Organization of data storage. In order for personnel information to be used when making personnel and other decisions, it is necessary to properly organize the storage of information based on certification results. It is necessary to develop a special form for entering and storing information (by personalities, departments, hierarchy levels, areas of activity of departments). It is also necessary to be able to search for information both on these parameters and on the parameters of the quality and quantity of labor.

At the decision-making stage Particular attention is paid to compliance by those being certified labor discipline, manifestation of independence in solving assigned tasks, desire for self-improvement, professional suitability of the employee.

The certification commission makes recommendations for the promotion of the certified person to a higher position, rewards for achievements achieved, on an increase in wages, transfer to another job, dismissal from a position, etc. The conclusions and recommendations of the certification commission are used in the future to form personnel policy administration of the organization and personnel management services.

For social protection Certified from the subjectivity of the conclusions of the certification commission, the weight of the assessments and conclusions that are given to the employee is taken into account.

The head of the organization, taking into account the recommendations of the certification commissions, encourages employees in the prescribed manner. Within a period of no more than two months from the date of certification, he may decide to transfer an employee who, based on the results of certification, is recognized as not corresponding to the position held, to another job with his consent. If this is not possible, the head of the organization may, within the same period, in accordance with the established procedure, terminate the contract with the employee in accordance with the law. Russian Federation.

After specified period transfer of an employee to another job or termination of employment employment contract based on the results of this certification is not allowed.

Labor disputes regarding the dismissal and reinstatement of an employee who, based on the results of certification, is recognized as not corresponding to the position held, are considered in accordance with current legislation about labor disputes.

E.Yu. Zabramnaya, lawyer, PhD n.

We certify employees for professional suitability

How to do this correctly so that the certification results are not challenged later

We tell the manager

Certification should be carried out if the company plans to downsize and you need to understand which employees to keep at work and who to transfer or fire(i.e. who is more qualified and who is less )Art. 179 Labor Code of the Russian Federation. Even if this is already obvious, the employer will not be hindered by the relevant evidence in case the laid-off employee appeals the dismissal in court.

Often, the reason for conducting personnel certification is the desire to fire an employee who works extremely poorly, but at the same time does not want to be transferred to another, less qualified job and does not leave the company. But sometimes employee certification is carried out in order to figure out what prevents subordinates from working effectively, what training, advanced training courses they need, etc.

For whatever reasons you organize this procedure, if the company does not have a lawyer and a personnel officer, then the paperwork can be entrusted to an accountant.

We will tell you what needs to be taken into account in order to competently organize certification and correctly formalize personnel decisions based on its results. And in the section you will find samples of the necessary documents.

First of all - the provisions on certification

We warn the manager

If dismiss an employee based on the results of some kind of inspection other than certification, then through the court he can be reinstated to work e Determination of the Supreme Court of the Russian Federation dated June 4, 2004 No. 5-B03-82;. In addition, the company will be obliged to pay him for the period of forced absence and, possibly, compensate for moral damage. d Art. 394, Art. 237 Labor Code of the Russian Federation.

If you have a normal commercial organization, then the procedure for certifying your employees is not regulated by any special law or by-law (as, for example, for civil servants, employees of the Fire Service of the Ministry of Emergency Situations of Russia And Order of the Ministry of Emergency Situations of Russia dated January 16, 2003 No. 20 or organizations supervised by Rostechnadzor at Order of Rostekhnadzor dated January 29, 2007 No. 37). This does not mean that certification cannot be carried out. You just need to adopt your local regulatory act - the regulation on employee certification V Art. 8 Labor Code of the Russian Federation, art. 81 Labor Code of the Russian Federation. Without it, it is impossible to make any decisions based on its results, including the dismissal of employees. I clause 3, part 1, part 2, art. 81 Labor Code of the Russian Federation;.

Remember, certification is single procedure, allowing you to dismiss an employee due to inadequacy for the position held And clause 3, part 1, art. 81 Labor Code of the Russian Federation. No other tests of knowledge and qualifications can replace it. And no other body, except the certification commission, can recognize an employee as “unsuitable for professional work.” » Determination of the Judicial Collegium for Civil Cases of the Penza Regional Court dated December 10, 2002 No. 33-2069.

From authoritative sources

Boss Legal Department Federal Service for Labor and Employment

“The procedure for conducting certification of employees is established labor legislation and other regulatory legal acts containing norms labor law, local regulations adopted taking into account the opinion of the representative body of employees V Part 2 Art. 81 Labor Code of the Russian Federation.

The need for such a procedure in relation to employees for whom there are no special regulatory legal acts for passing certification exists if the employer raises (plans to raise) the issue of dismissing employees due to inadequacy of their position or work performed due to insufficient qualifications And clause 3, part 1, art. 81 Labor Code of the Russian Federation” .

What needs to be taken into account when developing local regulations on certification?

When developing local regulations on certification, take as a basis the old Soviet Regulations on the procedure for conducting certification And Regulations on the procedure for certification... approved. Resolution of the State Committee for Science and Technology of the USSR No. 470, State Committee for Labor of the USSR No. 267 of 05.10.73 (hereinafter referred to as the Soviet Regulations). Despite the antiquity of this document, it has not been canceled. This means that it is valid to the extent that it does not contradict the Labor Code R F Art. 423 Labor Code of the Russian Federation. The court is of the same opinion s ; Determination of the Judicial Collegium for Civil Cases of the Penza Regional Court dated December 10, 2002 No. 33-2069.

Do not prescribe rules in your local certification regulations that will worsen the situation of your employees compared to the Soviet Regulations m Art. 8 Labor Code of the Russian Federation. If you write them down and one of the employees does not pass certification according to these rules and is fired, then the court will most likely reinstate him T Determination of the Moscow Regional Court dated 06/01/2010 No. 33-8370.

Taking into account the above, reflect in local act about certification the following points.

Circle of certified workers

Please note that the next certification cannot be carried out in relation to And clause 4 of the Soviet Regulations; Determination of the Judicial Collegium for Civil Cases of the Penza Regional Court dated December 10, 2002 No. 33-2069:

• pregnant women;
• women with children under one year of age;
• employees who have worked in their position for less than 1 year.

Plus, remember that along with pregnant women, another group of people with family responsibilities cannot be dismissed based on negative certification results, but in accordance with the Labor Code of the Russian Federation F Art. 261 Labor Code of the Russian Federation:

• women with children under 3 years of age;
• single mothers raising a child under the age of 14 (a disabled child under the age of 18), and other persons raising such children without a mother.

Frequency of certification

According to Soviet Regulations, certification can be carried out no more than once every 3 or 5 years, and if this is certification executives- once every 2 years A paragraph 4, paragraph 15 of the Soviet Regulations. If you deviate from this rule, the court may regard this as a worsening of the employee’s position compared to labor law m Art. 8 Labor Code of the Russian Federation. And if an employee is fired based on the results of too frequent certification (for example, annual), then in the event of a labor dispute this may become one of the grounds for his reinstatement in court. m Determination of the Moscow Regional Court dated 06/01/2010 No. 33-8370.

Please note: the Soviet Regulations regulate only regular certification, but say nothing about extraordinary certification. But if you establish in a local act the obligation of employees to undergo extraordinary certification in certain cases, then this should not be regarded as a worsening of their situation in comparison with the law. By the way, the rules on unscheduled certification are often prescribed in separate regulatory documents. legal acts on certification of certain categories of employees V clause 4.1 of the Regulations on the certification of employees of bodies and institutions of the Prosecutor's Office of the Russian Federation, approved. By Order of the Prosecutor General's Office of the Russian Federation dated October 30, 1998 No. 74; clause 6 of the Basic Provisions for Certification of Emergency Rescue Services, Emergency Rescue Teams and Rescuers, approved. Decree of the Government of the Russian Federation dated November 22, 1997 No. 1479.

The legality of enshrining the norms on extraordinary certification in local regulations was also confirmed to us by Rostrud.

From authoritative sources

“Regulations on the procedure for certification of management, engineering and technical workers and other specialists of enterprises and organizations of industry, construction, Agriculture, transport and communications And approved Resolution of the State Committee for Science and Technology of the USSR No. 470, State Committee for Labor of the USSR No. 267 dated 05.10.73, other acts former USSR on this issue can be used as recommendations when developing a local regulatory act in an organization that regulates certification issues.

At the same time, the presence in a local act regulating the issues of certification at a particular employer, a provision on the possibility of conducting extraordinary certification in certain cases (for example, when moving to a higher position) does not conflict with the current legislation.”

Rostrud

So, write down in what cases an extraordinary certification can be carried out. At a minimum, indicate that it is carried out by decision of management after a decision has been made to reduce the number or staff of employees, as well as in the event of significant omissions in the work of individual employees V Decision of the Supreme Court of the Russian Federation dated February 15, 2001 No. GKPI00-1464.

The terms and schedule of certification are approved by the manager. They must be brought to the attention of the employees being certified no later than a month before the start of certification. And clause 4 of the Soviet Regulations. Therefore, if you do not notify employees in advance about the upcoming certification, the court may regard this as a violation e Determination of the Moscow Regional Court dated 06/01/2010 No. 33-8370.

Remember that you need to have evidence confirming that the employee was notified of the upcoming certification.

Procedure for certification

Write down the detailed procedure for conducting it in the local certification regulations. Include the form in which it is carried out (oral or written - by performing a test, etc.).

Forming an attestation commission

The manager, by his order, forms a commission from among senior officials and highly qualified specialists. It includes T clause 5 of the Soviet Regulations; Art. 82 Labor Code of the Russian Federation:

• chairman;
• secretary;
• commission members;
• union representative (if you have one).

The surname composition of the certification commission can also be approved by an order to conduct certification.

In the certification regulations, do not forget to specify what decisions the certification commission makes I clause 7 of the Soviet Regulations:

• <или>about the employee’s suitability for the position held;
• <или>on the employee’s suitability for the position, subject to improvement of work and implementation of the commission’s recommendations with re-certification after a year;
• <или>about the employee’s inadequacy for the position held.

The results of the certification must be announced to the employee being certified immediately after the voting results have been tabulated.

At least 2/3 of the number of members of the approved composition of the certification commission must participate in the certification and voting (in the absence of the employee). The voting results must be determined by a majority of votes, and in case of equality of votes in assessing the performance of the certified employee, he must be recognized as appropriate for the position held And clause 8 of the Soviet Regulations.

Together with the local certification act, approve the form of the certification sheet, where the certification commission will enter conclusions about the certification (or non-certification) of the employee A clause 9 of the Soviet Regulations. The certification sheet will need to be filled out during certification in two copies, and one copy will be given to the employee.

The second copy of the certification sheet, along with the review of the employee, will need to be kept in his personal file.

In addition, during certification, the secretary of the certification commission must keep minutes of its meeting in free form. The voting results must also be included in the protocol. I clause 8 of the Soviet Regulations.

We warn the manager

Workers need to be familiarized with local certification regulations for painting b Art. 22 Labor Code of the Russian Federation. If this is not done, then the dismissal of an employee based on the results of certification will be considered illegal. m Determination of the Moscow City Court dated March 30, 2011 No. 33-8582.

If the company has a trade union, be sure to take its opinion into account before approving your local certification regulations. And Art. 8 Labor Code of the Russian Federation, part 2 art. 81 Labor Code of the Russian Federation, Art. 372 Labor Code of the Russian Federation; clause 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2; Determination of the Moscow Regional Court dated 06/01/2010 No. 33-8370. Otherwise, in the event of a complaint from a trade union or workers to the labor inspectorate, the company and its management may be fined b Art. 5.27 Code of Administrative Offenses of the Russian Federation. If in such a situation someone is fired based on the results of certification, then if the dismissed person goes to court, he will be reinstated e Art. 394 Labor Code of the Russian Federation.

After management approves the local certification regulations, familiarize company employees with them. It is better to specify the timing of such familiarization in final provisions about certification. And employees hired after the introduction of the certification provision should be introduced to it when hiring at Art. 68 Labor Code of the Russian Federation.

Before certification

For each employee being certified, his immediate supervisor must prepare a written review (characteristics) in advance )clause 6 of the Soviet Regulations. The review must reflect the characteristics production activities employee, qualifications, compliance with labor discipline. It is better to immediately approve the review form by local regulations on certification.

The review must be submitted to the certification commission no later than 2 weeks before certification And clause 6 of the Soviet Regulations. Otherwise, when challenging the dismissal, the court may find that the commission did not have objective information about the employee and his performance indicators before the meeting. This, along with other violations committed by the employer during the certification, may become a reason for the reinstatement of an employee dismissed as a result of such certification. And Determination of the Moscow Regional Court dated 06/01/2010 No. 33-8370.

The employee himself must also be familiar with the feedback submitted to him no later than a week before the certification. m clause 6 of the Soviet Regulations.

Already at the meeting, the certification commission hears a report from the certified employee about his work. If the employee does not appear at the meeting without good reasons, then the commission has the right to conduct certification in his absence e clause 7 of the Soviet Regulations. This should be further enshrined in the local certification act.

But Rostrud does not recommend prescribing in local regulations the rule that if an employee does not appear for certification without good reason or refuses to undergo it, then he is recognized as uncertified.

From authoritative sources

“ Labor Code provides as a basis for termination of an employment contract at the initiative of the employer the inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification And clause 3, part 1, art. 81 Labor Code of the Russian Federation. Dismissal of an employee this basis it is permissible if the employee’s inadequacy for the position held due to his insufficient qualifications is confirmed precisely by the results of certification.

Thus, the Labor Code does not provide for the dismissal of an employee on the specified grounds without certification.

The fact of failure to appear for certification or the employee’s refusal to undergo it is not identical to the fact of receiving a negative result during certification. Inclusion of such provisions in a local regulatory act regulating certification issues.”

Rostrud

We formalize management decisions based on the results of certification

The certification sheets for employees completed by the commission must be transferred to the head of the company for making personnel decisions.

Attention

If the certification commission has come to the conclusion that the employee is suitable for the position held or the work performed, then it is impossible to dismiss him as not suitable for the position. I clause 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

Do not forget to enter the results of employee certification in section IV of the personal card in form No. T-2.

If in attestation sheet contains the commission's conclusion that the employee is unsuitable for the position held and the manager does not want to leave him in this position, then we do so.

STEP 1. We offer the employee a transfer to another job (corresponding to qualifications or requiring lower qualifications And Art. 81 Labor Code of the Russian Federation).

Please note that the employer has no obligation to offer the employee temporarily vacant positions (for example, occupied by persons on parental leave). Such positions are not considered vacant, which is confirmed by the court s Determination of the Moscow City Court dated August 19, 2010 No. 33-26128.

STEP 2. Depending on the employee’s decision:

• <или>with his consent to the transfer, we issue additional agreement to his employment contract and issue an order for transfer according to unified form No. T-5 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1;
• <или>if he refuses the transfer, we receive such a refusal in writing and formalize his dismissal. To do this, we issue an order to terminate the employment contract in the unified form No. T-8 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

We warn the manager

All personnel decisions regarding the employee(both about transfer and dismissal) may be accepted only within 2 months from the date of certification And clause 12 of the Soviet Regulations.

If there are no suitable vacancies in the company, you can immediately prepare documents for dismissal of the employee A clause 3, part 1, art. 81 Labor Code of the Russian Federation.

Please keep in mind that it is not possible to dismiss an employee based on the results of certification during a period of temporary incapacity for work or while on vacation. I Art. 81 Labor Code of the Russian Federation. But if you first issued an order to dismiss an employee, and the employee took sick leave on the same day, then you do not need to cancel the dismissal order. In this case, the company is only obliged to pay the former employee for a period of temporary incapacity for work. And Part 2 Art. 5 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”; Determination of the Moscow Regional Court dated 06/01/2010 No. 33-8370.

Don’t forget to make entries about transfers and dismissals of employees in their work books X clause 4 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 and in personal cards of employees according to form No. T-2 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

If an employee is fired, the entry in his work book should look like this.

You can also write: “Dismissed due to inadequacy of the position held due to insufficient qualifications, confirmed by certification results, paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation » clause 5.2 Instructions for filling out work books, approved. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

The employee does not have to pay severance pay upon dismissal (unless otherwise provided in the company’s collective agreement, local normative act or in an employment contract).

Many people do not want to bother with certification, considering this matter too troublesome and time-consuming. But if you approach this issue wisely, it turns out that organizing and conducting certification is no more difficult than any other optimization procedure in the company, for example, downsizing.

Often, employees dismissed based on the results of certification are reinstated in their jobs through the courts. How to properly conduct employee certification to prevent this, read the article.

From the article you will learn:

Certification of employees is an assessment of the compliance of the professional level of personnel with their positions. According to the law, this procedure must ensure that positions are filled with competent employees. But the staff is wary of such an assessment, as they are afraid of dismissals, demotions and salary cuts. In addition, employers often forget to regulate various aspects of this procedure, so the majority of disputes related to certification are won by employees.

Find out more about the features of personnel certification.

Please note: employee certification is not related tocertification of workplaces.The latter was carried out as part of an assessmentworking conditionsand workplace certification. Currentlycertification of workplaces at the enterprisereplaced by a special assessment of working conditions.

Download documents on the topic:

The procedure for preparing for certification of employees

Certification of employees in private sector companies is not regulated by current legislation. There is only an article in the Labor Code that allows the dismissal of an employee due to inadequate qualifications confirmed during certification.

The employer has the right to establish the procedure for certification of employees independently. This can be done in a local regulatory act, for example, in the Certification Regulations. It is adopted taking into account the opinion of the trade union, if it has been created in the company.

Mandatory information that must be in the Certification Regulations:

1. what are the tasks and goals of certification;
2. How often is certification of employees organized;
3. in what order is the certification commission formed;
4. what is the procedure for preparing and conducting certification;
5. what decisions the certification commission has the right to make and in what order;
6. how certification results are presented.

Note! The company independently determines the frequency of certification. This is due to production conditions. For certain categories of employees, the frequency may be different. For example, the Regulations can stipulate that managers (deputy general directors, heads of departments, divisions, divisions) are subject to certification once every two years, the rest - once every three years.

The certification regulations are approved with a stamp or put into effect by order of the head of the organization. Before the start of certification, employees must be familiarized with the local act against signature. New employees are introduced to the policy before signing employment contract(Part three of Article 68 of the Labor Code of the Russian Federation).

Preparation of documents for certification

Before the start of certification, for example, two weeks before it, reviews of employees subject to evaluation are submitted to the certification commission. They can be presented in the form of a presentation. In the review (submission), the immediate supervisor writes how the employee performed his job duties during the certification period. The review usually contains the following information:

surname, name, patronymic of the employee;

the name of the position he occupies at the time of certification and the day on which he was appointed to this position;

list of job responsibilities performed by the employee;

a reasonable assessment of the specialist’s business qualities and the results of his work during the certification period (attached are reports on the work performed or information on unfulfilled assignments, if available).

Simultaneously with the reviews, the HR department submits to the certification commission copies of documents on education, advanced training, job descriptions, extracts from the work book and other documents necessary for evaluating the employee. Each employee being certified must also be familiarized with the presented materials in advance (for example, a week before certification). This way he will be able to submit additional information about his professional activity for the specified period, which, in his opinion, may affect the results of the certification. If an employee is not familiarized with the review and other documents, he may claim a violation of the certification procedure.

Important: the law provides for mandatory carrying out certification of employees of certain categories: civil servants (Article 48 Federal Law dated July 27, 2004 No. 79-FZ), teachers (part ten of Article 332 of the Labor Code of the Russian Federation) and so on. In this case, the procedure is established by the relevant legislative acts.

Read answers to seven popular questions about certification

Certification of employees: procedure

After the necessary preparatory work has been completed, the company proceeds directly to the certification procedure. It is carried out at a meeting of the certification commission in the presence of the person being certified.

Download in.doc

Download in.doc

Based on the results of certification employees make a decision on each person being certified. It may not be related to dismissal. For example, an employee remains in his current position or is offered a promotion. In addition, the employee can be certified, but under conditions. For example, indicate the wording “corresponds to the condition of advanced training” or “corresponds to the position held (or work performed) subject to the recommendations of the certification commission with re-certification in a year.” On the certification sheet, members of the commission can write their recommendations to the employee.

How to summarize the results of employee certification

After employee certification is completed, all materials must be transferred to CEO. The latter, within the period established by the Regulations, must make appropriate decisions based on its results. For example:

leave the employee at his current job,

offer the employee another job,

send for advanced training,

The procedure for certification of employees assumes that the personnel service reflects the decision of the commission in a personal card in form No. T-2 - makes an entry in section IV “Certification”.

How to formalize dismissal based on certification results

If an employee, due to insufficient qualifications, is found by the decision of the certification commission to be unsuitable for the position held (or the work performed), the employer has the right to dismiss him. The basis will be paragraph 3 of part one of Article 81 of the Labor Code.

Important! Dismissal based on the results of certification occurs at the initiative of the employer. Therefore, you cannot fire an employee while he is on vacation or sick leave.

Before dismissal, the employer must first offer the employee available vacancies. These are both vacant positions that correspond to the employee’s qualifications, as well as vacant lower-level positions or lower-paid work. The main thing is that the employee can perform work taking into account his state of health (part three of Article 81 of the Labor Code of the Russian Federation). It is safer to notify about the availability of vacancies or their absence in writing.

Note! Enter the reason for dismissal in work book in strict accordance with the wording of the Labor Code. Certify the record with the seal of the organization and two signatures: the person responsible for maintaining work records in the organization, and the employee. When you issue a work book to an employee, ask him to sign a personal card and a book for recording the movement of work books.

It is prohibited to dismiss the following employees due to unsatisfactory certification results (parts one, four, Article 261, Article 264 of the Labor Code of the Russian Federation):

pregnant;

a woman with a child under three years old;

a single mother raising a child under 14 years of age (a disabled child under 18 years of age), another employee raising a child under 14 years of age without a mother (a disabled child under 18 years of age);

a parent (guardian, trustee) who is the sole breadwinner of a child under three years of age in a family with three or more children under 14 years of age or a disabled child under 18 years of age, if the other parent does not work.

Thus, employee certification is carried out in order to assess their compliance with the positions held or the work performed. Based on its results, various personnel decisions can be made: from promoting an employee to his dismissal. In any case, it is important to follow the procedure to avoid ending up in court.

For certain categories of employees, certification is a mandatory procedure, and it is regulated in detail by special regulations. Most employers independently decide whether to conduct certification of employees or not. In case of a positive decision, management will first of all need to: adopt local regulations, determine the goals and objectives of certification, the procedure for its implementation, and criteria for assessing the qualifications of employees. This article will help employers who decide to conduct an assessment in their company to take the first step in organizing this rather complex process.

The concept of certification of workers according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation does not have a special chapter or at least an article dedicated to certification. The term itself is used in the text of the Code in several meanings.

So, in paragraph 3 of part 1 of Art. 81 of the Labor Code of the Russian Federation refers to periodic verification of personnel qualifications, the results of which may serve as grounds for their dismissal at the initiative of the employer.

Part 10 Art. 332 of the Labor Code of the Russian Federation provides for an assessment of scientific and teaching staff in order to confirm their suitability for the position held. Such an assessment is possible before the expiration of the term for election by competition or during the period of validity of a fixed-term employment contract.

• welders and welding production specialists,
• specialists of management companies and specialized depositories of mutual investment funds,
• professional accountants,
• auditors,
• specialists from investment institutions,
• executive managers and specialists of transport enterprises,
• rescuers,
• pedagogical and managerial government officials, municipal institutions and educational organizations,
• employees of budgetary organizations, etc.

Read also:

Positive aspects of employee certification

Also, based on the results of the knowledge test, the employer can:

• evaluate the performance of employees over the past period to decide on their incentives;
• determine the need for advanced training, professional training or retraining of individual employees;
• make career plans, get additional information about their abilities and preferences;
• identify candidates for personnel reserve and etc.

Ultimately, testing knowledge leads to decision making:

• on maintaining the worker’s previous position,
• about his promotion up the career ladder,
• about the need for advanced training, training or retraining;
• about dismissal (if his qualifications are recognized as not corresponding to the position held).

The assessment also allows the employer to:

• explore the potential capabilities and abilities of personnel;
• identify deficiencies in their training and education;
• check the correctness of the current personnel policy, etc.

Of course, it is unacceptable that the hidden purpose of conducting certification is the dismissal of unwanted employees. In the event of a dispute, such dismissal may be considered illegal and unjustified with all the ensuing consequences.

Tasks of employee certification

As for certification tasks, they usually reflect the industry or professional specifics of the organization’s activities.

Regulations on the procedure for certification of employees holding scientific positions teaching staff, approved by order of the Ministry of Education and Science of Russia dated August 6, 2009 No. 284, among such tasks it names “rational use of the educational and creative potential of workers.”

The procedure for certification of pedagogical and managerial employees of state and municipal educational institutions, approved by order of the Ministry of Education and Science of Russia dated March 24, 2010 No. 209.

“Stimulating targeted, continuous improvement of the level of qualifications of teaching staff, their methodological culture, personal professional growth, their use of modern pedagogical technologies.”

Read also:

The following tasks may be specified in the Certification Document:

• objective, comprehensive and complete assessment of results labor activity and establishing their compliance with the positions held;
• formation of highly qualified staffing organizations, stimulating his professional growth;
• identifying personnel whose qualification level allows them to be included in the personnel reserve for promotion;
• determination of the need for advanced training, professional training and retraining.

We believe that defining the goals and objectives of certification should not be formal.

Are principles of employee certification necessary?

We started developing the Certification Regulations in our company and stumbled already on the first section, which we decided to call “ General provisions" Is it necessary to prescribe assessment principles here, as was done in Soviet regulations?

The resolution of this issue remains at the discretion of the employer. The first chapter of a local act can indeed formulate principles. They are intended to remind the parties labor relations about the essence and main purpose of certification activities.

Clauses in regulatory documents will help to consolidate these principles in the company’s documents. In addition, it is the principles that often become guidelines in controversial situations and in the absence of appropriate regulatory regulation.

Read also:

Principles of personnel certification

Thus, the Regulations dated October 5, 1973 name the following principles:

• frequency (once every three to five years);
• mandatory for personnel whose positions are included in a special list or specified in legal acts;
• publicity, i.e. familiarization with the procedure and methodology, bringing its results to all interested parties;
• objectivity, manifested in the decision-making by the certification commission by a majority vote and the possibility of appealing its decisions, in the use of a fairly complete system of performance indicators.

Modern legal acts establish new principles.

For example, the Regulations on the organization of work on the training and certification of specialists from organizations supervised Federal service on environmental, technological and nuclear supervision, approved. by order of Rostechnadzor dated January 29, 2007 No. 37, determines that knowledge testing is based on the principle of continuous learning, implemented during certification:

• primary (no later than one month upon appointment to a position; upon transfer to another job, if certification is required when performing official duties at this job; upon transfer from one organization to another),
• periodic (once every five years),
• extraordinary knowledge tests.

It seems that this principle is typical for testing knowledge in general. It finds expression in the cyclical inspection and assessment of the business qualities of employees, in conditional assessment. With it, business qualities are subject to re-testing after advanced training and acquisition of additional knowledge and skills.

Read also:

The principle of information openness of the civil service when certifying employees

Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation” (hereinafter referred to as the Law on Civil Service) for the first time establishes a number of measures aimed at implementing the principle of information openness civil service.

Regulations on the certification of state civil servants of the Russian Federation (hereinafter referred to as Regulation No. 110), approved. By Decree of the President of the Russian Federation dated February 1, 2005 No. 110.

According to it, the commission must include representatives of scientific and educational institutions and other organizations as independent experts on civil service issues. Moreover, their number must be at least a quarter of the total number of members of the certification commission.

Discussion of professional and personal qualities civil servant in relation to his professional official activities must be objective and benevolent (v. 17).

At the same time, Art. 15 of the Civil Service Law introduces certain restrictions when implementing the principle of information openness. It has been established that a civil servant is obliged to keep state and other secrets protected by law and not to disclose official information.

Read also:

Differentiation of requirements for certified personnel

Another principle of modern knowledge testing is the differentiation of requirements for test takers.

So, in accordance with Art. 2 of Regulation No. 110, testing is carried out on the basis of an assessment of professional performance. Consequently, during it, only those questions can be asked that relate to his professional activities, limited within the framework of labor function. In this case, members of the commission must be guided by the content of such local regulations as:

• job descriptions,
• labor safety instructions,
• regulations on structural divisions,
• internal labor regulations,
• other local regulations that are directly related to the test taker's professional activities.

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

So, Krasnoyarsk district court Astrakhan region, considering the legality of dismissal under clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, came to the following conclusion: the assessment is untenable. At the time of testing, the commission could not decide the issue of the employee’s suitability or inadequacy for the position held, his business qualities, since the range of his official responsibilities was not defined by any document.

And, undoubtedly, one of the main principles of assessment was and should remain the principle of democracy. Currently, it consists of the participation of team representatives in all stages of knowledge testing. Not only during the development and adoption of a local act, preparation and actual implementation, but also decision-making based on its results.

This principle is embodied in the rule on the mandatory inclusion of a representative of the elected body of the primary trade union organization to the certification commission (Part 3 of Article 82 of the Labor Code of the Russian Federation). By the way, if your organization does not have a trade union, but there is another representative body of the team, then a local act may stipulate its mandatory participation in testing.

Read also:

Frequency and timing of employee certification

When developing the Regulations, special attention should be paid to the frequency and timing of its implementation.

Thus, the Regulations dated October 5, 1973 indicate that knowledge testing is carried out periodically, once every three to five years. We believe that a local regulatory act must define a specific frequency (for example, “once every four years”) or frequency ( « no more than once every four years").

Start date of employee certification

The answer to this question is important for maintaining the intervals between these activities. It is advisable that the start date be fixed in the created LNA. This may be the day the order to conduct a knowledge test is issued or the date specified in such an order.

Next, the timing of its implementation and approval of the results should be determined. Here it is necessary to take into account many factors: the number of employees being certified, their job composition, level of qualifications, number and composition of the commission, etc.

Don't forget about the paperwork! During this period, the personnel service has to prepare a lot of documents:

• graphics,
• certification sheets,
• questionnaires,
• questionnaires,
• protocols,
• reports, etc.

A certain amount of time must be allocated for their creation and processing.

It is also possible that specific deadlines will not be indicated in the local act. For example, the head of the organization, each time an order is issued to carry it out, will determine the timing based on specific conditions. In this case, the local act must indicate that all procedural deadlines are specified in the order for the assessment.

home » How to earn » Annual certification of employees. Labor Code: certification of employees - evaluation of results. About the certification stages