Certification of teachers is carried out once a year. Certification of teaching staff: new rules. What you need to know

From 2020, in accordance with the established certification procedure teaching staff there have been some changes. The certification procedure itself is carried out with the aim of monitoring the compliance of education workers with the positions they occupy. The professional activity of the person being certified is subject to assessment. There were discussions among industry professionals about the impending changes. In particular, at the end of last year, the pedagogical community of the Novosibirsk region presented their comments, suggestions, and expert assessments. They were considered and taken into account, which indicates the openness of the process and the sincere desire of the direct participants to improve the fallen level of education in the country.

2 stages of certification

The law provides for the organization of such inspections every 5 years. In cases where the teacher ignores the check or cannot confirm an existing rank, then the existing rank within 5 recent years qualification is cancelled. New order Certification of teaching staff involves 2 stages:

• At stage 1, the teacher proves his professional suitability. Here pedagogical skills are tested, the ability to teach and get along with children is examined. An innovation was computer testing. The developed tests include 100 questions, the allotted time is 2.5 hours. The questions cover a wide range of topics - from knowledge of the subject to the basics of Russian legislation. Each question has only 1 correct answer out of 6 proposed. Correct answers to at least 60% of the questions guarantee the applicant confirmation of existing qualifications.
• For participants who have completed 85% or more of the questions and have 1 rank, the next stage begins. At stage 2, the teacher category is obtained. The first and highest categories are assigned at this stage. But to get the 1st, you need to have the 2nd, and to get the highest category you need the 1st for at least 2 years. To test for the highest category, a self-examination report is required. The report consists of publications, electronic and paper, methodological developments. It’s good if they are already being used in practice. The following are lists of students who participated, or better yet, won in olympiads, competitions, and other competitions. The report will be given great weight by evidence of personal achievements, namely, awards, certificates of honor, letters of praise. That is, the general human level of an applicant of the highest category of professionalism should be noticeably above average. For category 1, everything is simpler. Here you need to have category 2, go through stage 1, and show mastery of modern techniques. But in both cases it is recommended to have a portfolio and video materials.

An increase in category occurs with clear success of students in mastering curriculum, scientific, intellectual and creative activities. This takes into account the teacher’s contribution to the development and correction of the learning process. Participation in special, thematically and professionally oriented events, which are also held in the format of public discussion.

Changes in certification were made, among other things, to provide an incentive to increase the level teaching staff countries. To be able to increase the requirements for a teacher, it is necessary to determine the level of skill currently available. Then improve the quality of teaching at all levels of education. In addition, professionalism checks make it possible to distribute wages in accordance with existing qualifications, which will prevent equalization between employees.

Types of certification

In Russia, the rules stipulate 2 types of certification: mandatory and voluntary. The first applies to all working teachers and serves the already established level of education. But people who care about their professional growth, and, well, growth are interested in voluntary certification wages. Before this, teachers wrote applications for qualifications to district education departments to increase their earnings. According to the new rules, the educational authorities of the constituent entities of the Russian Federation are engaged in organizing this procedure.

Certification of teaching staff in 2020 begins with the process of organizing the event. To do this, the head of the educational institution submits a proposal for the employee to the certification commission and, no later than 30 days before the event, must familiarize the teacher with it. If certification is voluntary, then its organization begins with a statement from the teacher with a request to be certified to the head of the educational institution. To certify teaching staff in 2020, in addition to the signed application, copies of the following documents will be required:

• an extract from the protocol of the previous inspection;
• diploma of vocational education;
• confirmation of the presence of categories, if any;
• documents confirming the change of surname, if such a fact occurs;
• characteristics from the place of work.

Certification procedure

Lack of additional vocational education is not a reason to reject an application for a qualification category. The organization of the certification process should ensure openness and collegiality of decision-making. Such forms of certification of teaching staff provide an objective, non-discriminatory assessment of the professional suitability of colleagues. The decision to improve the qualifications of a teacher is made by a specially convened commission, whose members evaluate the competence and vocation for teaching of the younger generation. The meeting of the commission takes place in the presence of certified citizens. But even if the person responsible for the meeting does not appear for a good reason, a decision on the suitability of his presence at the workplace will be made without him. The protocol is carried out according to locally established rules. There is no single form. All members of the commission sign this protocol. An extract from the protocol, which replaced the certification sheet, with the results of the inspection and the employee’s personal data, is ready in a couple of days. Over the next 3 days, the employee must be familiarized with the extract against signature and entered into his personal file. If everything went well, the teacher is certified, then an order is issued on the appropriate qualifications, on the basis of which an entry is made into the work book.

Mandatory certification of education workers does not affect:

• pregnant women and teachers on maternity leave. For them, the certification period is postponed for 2 years from the date of entry to work;
• teaching staff with a qualification category;
• young teachers with less than 2 years of teaching experience;
• teachers who are at sick leave more than 4 months. They will have to be certified one year after the end of their sick leave.

But voluntary certification is not prohibited in any case. The result of a voluntary inspection may be the 1st or highest qualification category, established for a 5-year period, but not subject to renewal.

Important! The highest qualification category is assigned only after passing qualifying exams. But before passing exams for the highest category, it is necessary to develop an original teaching methodology in an educational institution and publish it in specialized publications.

One of the rules on the certification procedure for teaching staff states that the highest qualification category is the crown of teaching excellence. It cannot be raised further, but it needs to be confirmed.

Representatives of the Ministry of Education approached the Russian Government with a proposal to make even greater changes to the procedure for certifying teaching staff. Namely, to conduct the stage of testing knowledge of IT technologies and communication, to improve skills in resolving conflict situations not only with students, but also with their parents. According to the Ministry of Education, the criteria for teachers’ compliance with modern requirements are being standardized, and therefore, gaps will be exposed that can already be eliminated through advanced training.

Many employers perceive employee certification as something formal. This is understandable: the Labor Code does not contain clear instructions on the procedure and timing of its implementation. Yes, and regulations in this area intended for commercial organizations, has not been published recently (certification is mandatory only for employees of organizations in certain fields of activity): legislation basically regulates the procedure for conducting certification of public sector employees. Meanwhile, the results of certification can serve as a basis for dismissing an employee, so we recommend that you take the certification itself very seriously, since labor disputes are not uncommon and in most cases judges side with the employee. To learn how to properly organize certification, read this article.

Certification: how much in this word...

Certification results will help optimize use labor resources, create additional incentives for the professional growth of employees, create personnel reserve of the most competent specialists, as well as dismiss employees whose qualifications do not meet the requirements for the positions they occupy.

When considering the concept of certification, one cannot ignore the definition of an employee’s qualifications, which is given by Part 1 of Art. 195.1 of the Labor Code of the Russian Federation: this is the level of knowledge, skills, professional skills and experience of the employee. Characteristics of the qualifications required for an employee to perform a certain type of work professional activity, is determined by the professional standard (Part 2 of Article 195.1 of the Labor Code of the Russian Federation). Currently, enough has been developed a large number of such standards. They operate along with qualification reference books (ECS and ETKS): the obligation to apply the standards has not yet been established.

However, from July 1, 2016, Art. 195.3 of the Labor Code of the Russian Federation, according to Part 1 of which all employers for whose employees special requirements are established by laws or regulations will be required to comply with professional standards. These are medical and pedagogical workers, auditors, workers contract service etc., that is, those for whom federal laws impose qualification requirements (in particular, their education).

Based on Part 2 of this article, the qualification characteristics contained in professional standards and the mandatory application of which are not established, will be used by employers as the basis for determining the requirements for the qualifications of employees, taking into account the characteristics of the work performed by employees labor functions, determined by the technologies used and accepted organization production and labor.

Thus, at present, employers use both qualification reference books and professional standards.

Is it mandatory to conduct employee certification?

We are developing a local act

Accordingly, if management has decided that it is necessary to conduct certification of employees in the company, it is necessary to develop a local regulatory act regulating the procedure for its implementation.

Before starting to develop such local act, it is necessary to analyze existing positions and jobs in the company for mandatory certification, and if any are identified, then it is necessary to take into account the provisions of regulations governing the procedure for certification for them. If the company does not have such positions and work, the employer is free to establish a certification procedure. However, we still recommend focusing on:

• to Resolution of the State Committee for Science and Technology of the USSR No. 470, State Committee for Labor of the USSR No. 267 dated 05.10.1973 “On approval of the 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" (hereinafter - Resolution No. 470/267);
• to the Regulations on the procedure for certification of management, scientific, engineering and technical workers and specialists of scientific research institutions, design, technological, project, survey and other scientific organizations, approved by Resolution of the State Committee for Science and Technology of the USSR No. 38, Gosstroy of the USSR No. 20, State Committee for Labor of the USSR No. 50 dated 02/17/1986.

What should be included in the certification provision and what points should you pay attention to when developing it? We present the answers in the table.

Of course, a local act may have other sections necessary for a particular organization. Additionally, usually as an appendix, document forms are entered (for example, minutes of a commission meeting, an attestation sheet, etc.).

After agreeing on all sections of the certification regulations, it is approved by the head of the organization: either by issuing an order, or by affixing the stamp “Approved” signed by the head. Let us note that if the provision is approved by an unauthorized person, then the results of the certification, even if carried out in accordance with the rules established in the organization, will be considered illegal (see, for example, the Appeal ruling of the Court of the Chukotka Autonomous District dated October 27, 2014 in case No. 33- 173/14, 2-25/14).

Remember, the approved regulations on the certification of employees should be familiarized with signature. In the event of a labor dispute, the employer is obliged to provide evidence that the employee was informed of the possibility of assessing the results of his work and his personal business qualities in the form of certification and that, based on the results of the certification, the employee could be dismissed.

Certification procedure

1. preparation for certification;
2. carrying out certification;
3. summing up and taking measures based on the results of certification.

At the stage preparation for certification it is necessary to create a certification commission. This is done by order, and a separate order can be issued on the creation of a commission, or this can be stated in the order on certification. Let's give an example.

At the same stage, a schedule for employee certification is developed. It is necessary to indicate not only the full name of the employees and the names of the positions they occupy, but also the date, time and place of certification, as well as a list of documents required for submission to the certification commission. In addition, be sure to include a column in the schedule for the employee to review, where he will put his signature. If an employee refuses to familiarize himself with the certification schedule, it is necessary to make an appropriate note in the schedule and draw up a report confirming this.

The person responsible for preparing documents for the commission on certified employees, on preparatory stage prepares and collects documents necessary for certification: reviews, characteristics, questionnaires, reports, etc.

Next stage - carrying out certification. The procedure itself takes place at a designated location. Certification must be carried out in the presence of the employee being certified and his immediate supervisor. If an employee fails to attend a meeting of the certification commission without good reason or refuses to undergo certification, the commission may conduct certification in his absence.

For your information

Carrying out certification without an employee is allowed only if the employee is familiar with the date of certification in writing. In this case, the employer has the right to bring the employee to disciplinary liability.

During the meeting, the commission listens to the immediate supervisor of the person being certified (he briefly evaluates his professional, business and personal qualities), reviews the submitted documents, asks questions to determine the level of professional knowledge, and conducts a written test of the level of professional training and knowledge of each certified employee.

Please note that it is important to correctly compose written assignments or ask oral questions. For example, in the Appeal ruling of the Krasnoyarsk Regional Court dated December 24, 2014 in case No. 33-12241, an employee dismissed for inadequacy for the position due to insufficient qualifications confirmed by certification results was reinstated because the defendant violated the certification procedure: the questions specified in the certification sheet, do not meet the requirements of the job description, the plaintiff’s answers to the questions of the commission members are missing.

For your information

The employee's assessment is based on his compliance with the qualification requirements for the position held, as set out in his job description and employment contract. This should take into account professional knowledge employee, work experience, advanced training, retraining and other objective data.

The results of the certification are entered into the certification sheet (its form is usually approved by local regulations), which is signed by the chairman, deputy chairman, secretary and members of the certification commission present at the meeting and taking part in voting. The certified employee must be familiarized with the certification sheet against signature.

Certification is accompanied by the keeping of a protocol in which all information is entered, including the assessment of the employee’s qualifications. Then the commission members conduct a discussion and make a decision on each person being certified in the manner prescribed by the certification regulations (by open or closed voting, in the presence or absence of the employee, etc.). The decision of the commission is recorded in the protocol and brought to the attention of employees against signature within the established time frame. After completing the certification procedure, the relevant information is entered into the employee’s personal card.

The final stage certification is the employer making a decision, which is formalized by order. Based on the results of certification, one of those certified may be encouraged or offered a transfer to higher position, and it will probably be decided to fire someone.

Such an order (on the results of certification) must be familiarized to all interested employees.

Summarize

Introduced by Federal Law No. 122-FZ dated May 2, 2015 “On Amendments to Labor Code Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation”.

In accordance with the legislation of the Russian Federation, employees educational organizations may undergo mandatory or voluntary certification. At the same time, the provisions of new sources of law must be taken into account. Which ones? What are the features of the procedure for assessing the qualifications of employees of an educational institution?

educational institutions: innovations in legislation

The new procedure for certification of teaching staff was established by order of the Ministry of Education and Science of the Russian Federation No. 276, which was issued on April 7, 2014. This regulatory act was adopted in order to implement the provisions of Federal Law No. 273 of December 29, 2012. In accordance with the previously effective legislation in educational institutions had to approve a document such as the Regulations on the certification of teaching staff. In a new way legal act This source of law is optional, but it can be replaced with similar ones for the purpose. For example, the regulations on the certification commission (we will study its specifics later in the article).

Now the concept of the Certification Regulations is most often considered in the context of the Certification Rules approved by Order No. 276.

Let us consider the key provisions of the corresponding source of law in more detail.

New certification procedure: general provisions

Let's study first of all general provisions the document in question. The new procedure for certification of teaching staff applies to employees of educational organizations, as well as heads of relevant institutions (including those performing their duties part-time or part-time). The essence of the certification procedure in accordance with Order No. 276 is:

In the qualifications of workers educational institutions the requirements established for their positions;

In certifying the fact that a person has experience that allows him to obtain a higher qualification.

In general, certification confirming compliance with the position held must be carried out. It is taken voluntarily by those specialists who want to improve their qualification category, but it is mandatory for teaching staff who belong to the category of teaching staff to take it.

The rules recorded in Order No. 276 establish the following tasks that characterize this procedure:

Stimulating the growth of qualifications of employees of educational institutions, their professional development;

Improving the quality of education;

Adapting the work of educational employees to the specifics of current standards that regulate the organization of activities of educational institutions;

Ensuring distribution Money for the purpose of remuneration according to principles based on the ratio of the level of qualifications of workers.

The key principles of certification of employees of educational institutions in accordance with Russian legislation are collegiality, openness, ensuring transparency, objectivity.

Let us now study what is new in the certification of teaching staff, which characterizes the procedure for confirming the fact that a person’s qualifications correspond to the position he occupies. In this case we're talking about on mandatory assessment of the competencies of an employee of an educational institution.

Procedure for employees of educational institutions: preparation

The procedure for assessing the qualifications of employees of educational institutions is carried out once every 5 years. The main role in it is played by special certification commissions, which are formed from among the employees of the educational institution. These structures are established on the basis of orders from the head of the educational organization. Their activities, as we noted above, can be regulated by separate provisions, which are also adopted by the management of the institution.

The commission consists of a chairman, his deputy, a secretary, as well as ordinary participants. The new rules for the certification of teaching staff also require the involvement of a trade union representative in the work of the commission under consideration, if the corresponding organization has been established.

The actual procedure for assessing the qualifications of employees of an educational organization is carried out in accordance with a separate order of the head. Employees who will undergo certification must be familiarized with the relevant information 30 days before the procedure is carried out according to the planned schedule.

The next most important document when preparing certification is the presentation. Let's study its features.

Mandatory certification of employees of educational institutions: presentation

What is new in the certification of teaching staff is the special procedure for drawing up a presentation for each employee of an educational organization - a document that records a number of information about the employee. Namely:

FULL NAME. employee;

Position held by an employee of an educational institution;

The date the specialist signed the employment contract;

Employee qualification level;

Information about the specialist’s completion of additional professional training;

Results of previous certifications, if any;

Motivated assessment of the employee’s performance, professional and business qualities.

The management of the institution must familiarize the employee with the relevant submission against signature. This must be done no later than 30 days before the certification. The employee may, if desired, initiate the inclusion of other information in the submission. If an employee of an educational institution refuses to sign a document, it must be certified by the employer, as well as two or more competent persons.

Let us now study how the certification of teaching staff, which is considered mandatory, is carried out directly.

Assessing the qualifications of school employees: mandatory certification procedure

The procedure under consideration is carried out during the meeting of the commission, which we mentioned above, in the presence of the employee who is being certified. It is considered valid if at least two thirds of the total number of participants in the certification commission are present.

If an employee cannot take part in the relevant procedure directly on the day of certification for a valid reason, it may be postponed to another date. If a person does not appear for certification without good reason, then the commission has the right to evaluate the specialist’s qualifications without his participation.

During the meeting, the presentation prepared by the management of the employee of the educational institution, and other information about the employee that allows one to evaluate his professional activities are considered. Based on the results of the certification, the commission decides whether he is suitable for the position held or not. It is adopted in the absence of the employee being certified through an open vote. Moreover, if at least half of the commission members are in favor of recognizing the employee as appropriate for the position held, a positive decision is made.

The result of the employee’s certification is communicated to him after the results of consideration of the issue of the specialist’s qualifications have been summed up. Let us study in more detail what actions should be carried out after the certification of teaching staff for compliance with the position is completed.

Procedure after mandatory certification

The results of this procedure must be recorded in a protocol, which is signed by the members of the commission. This document is stored by the employer along with submissions and other sources (if available) that characterize the level of professional training of the employee.

Within 2 days after the certification, if the employee has passed it, the secretary of the commission issues an extract from the protocol for him. It reflects the personal data of the person being certified, information about the relevant procedure, and its results. The institution familiarizes the employee with this extract against signature within 3 days after its generation. This extract is then included in the personal file of the employee of the educational organization.

It happens that an employee of an educational institution does not agree with the result of the certification of teaching staff. The commission's conclusion may not suit him. In this case, a person has the right to appeal the result of this procedure in the manner established by law RF.

Having studied how the certification of teaching staff is organized, we will consider the specifics of the norms of Order No. 276, which determine which categories of employees of an educational institution have the right not to undergo certification.

Who has the right not to undergo mandatory certification?

The following may not undergo the qualification assessment procedure:

Workers who already have qualification categories;

Employees of an educational institution who have worked there for less than 2 years;

Pregnant women, as well as employees of educational institutions who are on maternity leave;

Employees who were absent from work for more than 4 months due to illness.

The procedure for certification of certain categories of employees of educational institutions from those listed above is determined by separate provisions of the law.

The purpose of certification of teaching staff may also be to ensure that a person receives more highly qualified. In this case, the corresponding procedure is voluntary, unless we are talking about the activities of the teaching staff. Let's study its specifics in more detail.

Certification for advanced training: nuances

This certification is therefore generally voluntary. Based on the results of its implementation, the person is assigned the first or highest qualification category. It is established for 5 years and cannot be extended.

If certification of teaching staff of educational institutions that are accountable to federal structures authorities, then in order to implement the procedure for assessing the qualifications of a specialist, special commissions. They are thus established at the federal level. In turn, if an educational institution is accountable to regional or municipal structures, then commissions are initiated with the participation of regional or local authorities to conduct certification of their employees. It may be noted that these structures, as in the case of mandatory certifications, must include a representative of the trade union.

Employees wishing to improve their qualifications must submit an application for certification of teaching staff to the appropriate commission. This document can be provided to competent persons by mail or via the Internet. The application can also be brought and submitted to the commission in person. It will be useful to consider the specifics of this document in more detail.

Application for certification: what are its features?

An application for certification of teaching staff must contain information about the qualification categories or positions for which the employee is applying. The corresponding document can be submitted to the commission regardless of the period of work of a person in an educational institution, including during maternity leave. But if a person is certified in the highest category within a particular position for the first time, then the application can be submitted to the commission only after 2 years from the date of receipt of the first category for this position. If the validity period of the highest qualification rating has expired, this does not limit the employee’s right to subsequently submit an application for re-certification within the relevant position.

Applications under consideration are examined by commissions within 30 days from the date of their receipt. During this time, competent persons must have time to:

Determine the certification period for an employee of an educational institution, taking into account the validity period of his previous qualification category;

Notify the employees of the educational institution in writing about their certification.

Let us now study how the regulation on the certification of teaching staff according to Order No. 276 regulates the procedure for improving the qualifications of an employee of an educational organization.

Conducting certification for advanced training

The total duration of the certification in question should not exceed 60 days from the moment it was carried out until the commission makes a competent decision on assigning a particular qualification to a person. As in the case of mandatory certification, at least two-thirds of its participants must be present at the commission meeting. The teaching staff may either be present or absent. In the second case, its certification is also possible.

It has been established that his students successfully master the programs he teaches based on the results of monitoring conducted by the educational organization, as well as research carried out in the manner prescribed by law;

His students were able to develop their abilities in terms of scientific, intellectual activity, creativity, and achieving sports results;

It was established that the person made a significant personal contribution to improving the quality educational process, improving approaches to teaching, actively participated in the activities of methodological associations of educational institution employees.

The regulation on the certification of teaching staff determines that the highest category is assigned to an employee if:

It has been established that students show positive dynamics in mastering training programs based on the results of monitoring conducted by an educational organization, or in the manner prescribed by law;

Students have achieved high results in the field of science, creativity, sports, and this is confirmed by their participation in Olympiads and competitions;

It was established that the person made a significant personal contribution to improving the quality of the educational process, the introduction of new technologies in training;

The person actively participated in methodological work and professional competitions.

Direct assessment of teachers' work is carried out on the basis of studying the results of their work, provided that the main job responsibilities of employees are related to the relevant areas of activity. The regulation on the certification of teaching staff establishes that the commission can, after examining documents and information about the work of a specialist, make a decision:

Establish the first or highest category for an employee of an educational institution;

Deny the person this.

As with mandatory certification, this decision held in the absence of an employee by open voting. The results of the relevant procedure are reported to the employee of the educational institution and recorded in the protocol. If a person has the first category and was unable to obtain the second, then the current level of his qualification is maintained until the end of his validity period.

The regulation on the certification of teaching staff under Order No. 276, as in the case of the mandatory procedure, gives the right to an employee of an educational organization to appeal the results of the assessment of his qualifications.

It can be noted that the first and highest categories issued in one Russian region are also valid in another subject of the Russian Federation. At the same time federal legislation regulating the certification of employees of educational organizations, in practice is implemented taking into account regional features educational process. Let's study this aspect in more detail.

Certification of employees of educational institutions in the regions: nuances

Indeed, the presence of well-developed regulations at the federal level is a significant aspect of improving the quality of education. But no less important is how effectively these standards are implemented in the regions. Thus, in the course of solving various issues of advanced training for teachers, various educational institutions can cooperate with each other. Among those structures that take the most active part in the corresponding interaction is the Academy social management, or ASOU. Certification of teaching staff in various institutions Moscow region can be carried out in the process of interaction between the management of these organizations or teachers working in them with the competent structures of the ASOU. What kind, for example?

Thus, in ASOU, certification of teaching staff may be within the competence of the Regional Scientific and Methodological Center at the Academy. This structure was established to assist employees of educational organizations in the Moscow region when passing qualification assessments. At the same time, among the issues being resolved by the center is the certification of leading teaching staff. Increasing the competence of the leadership of educational institutions is the most important aspect of improving the educational process.

Summary

So, we have studied how the qualifications of employees of Russian educational institutions are assessed. The purpose of certification of teaching staff may be mandatory confirmation of qualifications or voluntary improvement. The main role in the relevant assessment is played by a special commission.

The management of educational institutions issues orders for the certification of teaching staff, draws up submissions on them and in other ways facilitates their passage of the qualification assessment procedure. If the certification is carried out by institutions subordinate to federal, regional or municipal structures, the commission is established by them.

Certification of leading teaching staff and ordinary employees of educational organizations is regulated by the same rules of law at the federal level. In many regional educational centers There are programs for training specialists in appropriate procedures for assessing their qualifications.

The traditional system of employee certification under current legislation is understood as a procedure, the content and procedure of which is developed by the employer independently. There is no article entitled “Certification of employees for suitability for the position held.” However Labor Code, according to Article 81, determines that the certification procedure is established by the employer’s local regulations.

For example, certification of cultural workers is determined by the Procedure approved by the Deputy Minister of Culture of the Russian Federation, dated 02/08/2010 No. 7790-44/04-ПХ. This regulatory act, in particular, stipulates that employees who, due to the nature of their activities, do not require special skills or knowledge, for example unskilled workers, are not subject to certification.

There is a nuance: the employer develops the regulation on the certification of subordinates independently, taking into account the opinion of the trade union. But if there is no trade union in the organization, then there is no need to coordinate anything with anyone.

Regulations on employee certification

IMPORTANT!

Since in 2020 employee certification is regulated by the employer, as a basis for developing an internal normative act We recommend taking the Regulations on the procedure for conducting certification, approved by Resolution of the USSR State Committee of October 5, 1973 No. 267.

The current legislation does not limit in any way the categories of employees in respect of whom certification can be carried out, as well as the frequency and procedure for conducting certification. The employer has the right to establish, at its discretion, any procedure for carrying out this procedure in relation to any categories of employees.

We recommend that you approach the development of the document, which will be called “Regulations on Certification of Employees,” with care. In order to eliminate possible negative judicial practice, and also so that the certification of employees for compliance with the position held is as clear as possible to both employees and the employer himself, it is advisable to include the following sections in it:

1. General information.
2. Section on preparatory activities.
3. Section on certification.
4. Final provisions.
5. Applications.

These sections are given as an example and do not claim to be universal. We want to give the employer step-by-step algorithm so that the certification of workers at his enterprise does not fail and is as objective as possible.

General section

Step 1. Identify the purpose of the certification

For one employer, it will be enough to write that the purpose of this event is to determine the compliance of the employee’s qualifications with the position he occupies.

Another may set out the goal of rational use of the labor resources of their employees, increasing the productivity of their work and responsibility for the assigned work. Formulate clearly and specifically exactly the goal you are trying to achieve.

For example, in accordance with the Regulations approved by Decree of the Government of the Russian Federation dated March 16, 2000 No. 234, the goals of certification of enterprise managers are:

• objective assessment of the performance of managers and determination of its suitability for the position held;
• providing assistance in improving the efficiency of enterprises;
• stimulation professional growth heads of enterprises.

Step 2. Determine the composition of certified workers

Taking into account that the legislation does not limit the employer in choosing categories of employees for their certification, we still recommend NOT including in the lists of those certified:

• pregnant women;
• have worked in the position for less than a year;
• those on parental leave and employees who have worked for less than one year after returning to work from this leave;
• old age pensioners;
• minors;
• employees with whom a fixed-term employment relationship has been concluded.

The rest of the staff can be certified.

For example, when certification of prosecutorial employees is carried out, the following are not included in the list of those being certified:

• pregnant women;
• those on parental leave (they can be certified six months after leaving leave);
• workers who have reached the age limit for being in service (if they have not made significant omissions in their work);
• officers in the reserve of the military prosecutor's office upon assignment to their initial class rank.

All other employees of the prosecutor's office are subject to certification in accordance with Order of the Prosecutor General of June 20, 2012 No. 242.

Step 3. Set the frequency of certification

Certification can be carried out every year, but such frequency is unlikely to contribute to the formation of a healthy atmosphere in the team. That's why the best option there will be a period no more than once every three years and no less than once every five years.

For example, according to the text of Federal Law No. 342-FZ of November 30, 2011, certification of employees of internal affairs bodies is carried out once every four years.

Step 4. Specify the grounds for carrying out an extraordinary certification

It is better to provide (in case of separation) and record that an extraordinary certification can be carried out:

• by agreement of the parties;
• in case of changes in working conditions for technological reasons;
• in case of repeated improper performance of their official duties.

Then the employer will have the right to send the employee for an extraordinary certification, based on the results of which make an appropriate decision, including that provided for in paragraph 3 Article 81 of the Labor Code of the Russian Federation.

For example, in the Regulations approved by the Ministry of Transport of the Russian Federation dated March 11, 1994 No. 13/11 (registered with the Ministry of Justice on April 18, 1994 No. 548), early certification is carried out in cases where gross violations rules and regulations governing safe operation Vehicle, or transport accidents occur with serious consequences.

Section on preparation for certification

This section must clearly and clearly indicate what steps and measures the employer and his subordinate officials must take.

Step 1. Determine the composition of the commission

The composition of the commission is determined by order of the employer.

The commission must have a chairman, ordinary members and a secretary.

It is necessary to indicate which of them has the right to vote and who does not.

It is also important who will have the decisive voting right if the opinions of the commission members are distributed equally (to prevent this from happening, the commission should be created from an odd number of employer representatives).

The composition of the commission is permanent; changes can be made either due to a conflict of interest or due to personnel changes.

It is important to define the powers of the commission members. Thus, the chairman is responsible for the validity and legality of the collegial decisions made, the members of the commission are responsible for the comprehensiveness and objectivity of the decisions made, the secretary is responsible for technical work.

Step 2: Create a schedule

The certification schedule is a document that the employer draws up annually. Approved by a separate order. The schedule should be approved in advance in order to familiarize those undergoing certification with it.

The schedule indicates:

• list of employees subject to certification this year;
• date and place of the procedure;
• time to provide the necessary personnel documents on certified employees and full name. responsible for provision.

Step 3. Notify employees about the upcoming certification

All certified employees must be notified of the procedure in advance and signed. The employer decides how much in advance, but the optimal period is one month.

The form of the notification is not important, the fact that confirms familiarization is important.

If the employee refuses, a corresponding report is drawn up.

If you are sick, a corresponding notification is sent to your place of registration and residence by registered mail with notification of delivery.

Step 4. Obtain the necessary personnel documents

Due to the fact that the certification commission makes decisions based on the documents provided, the employer has the right to independently determine which document and within what time frame should be provided to the commission.

This could be any requirement, like, say, a portfolio.

For example, until recently, teaching staff of state government institutions social services in the Leningrad region they had to provide a portfolio for certification social worker, characterizing the results of their activities. However, it is worth noting that this requirement has now been canceled by Order of the Committee for Social Protection of the Population of the Leningrad Region dated January 21, 2013 No. 1.

Sample portfolio of a social worker for certification

In practice, most often the employer requires the commission to provide a reference or performance review of the employee, which must be prepared by his immediate superior.

The employee's characteristics must be read and signed. After review, this document is submitted to the certification commission.

IMPORTANT!

It is necessary to provide for the opportunity for the employee to disagree with the content of his characteristics and provide written objections to the certification commission.

The deadline for submitting all documents is indicated in the schedule.

IMPORTANT!

Failure to provide a reference on time when the certification results are controversial is a formal reason for the court to declare the decision of the certification commission unlawful due to a violation of the procedure.

Section on certification

This section is a description step by step procedure certification of employees at the enterprise.

Step 1. Determine quorum

To do this, the regulations must state that with the participation of two-thirds of the commission, its decisions are considered competent. If the number of commission members is smaller, the certification is postponed to another period determined by the employer taking into account the requirements of the described provision.

Step 2. Describe the procedure itself

We write that the certification of employees for compliance with the position held should be carried out in the presence of the employee himself and his immediate supervisor in a friendly atmosphere (the employee is already under stress).

We indicate that the boss represents the employee, and then the commission members ask questions that interest them.

After the questions are asked and the employee answers them, the employee being certified leaves, and his manager and members of the commission remain to discuss and make an appropriate decision.

After the decision is made, the employee is invited, and the chairman announces the decision of the commission to him.

Step 3. We fix the decision-making mechanism

IMPORTANT!

Any decision must be justified and supported by the relevant document. If an employee is a scoundrel, this is not a reason to recognize him as unsuitable for his position.

The professional activity of the employee must be assessed in connection with qualification requirements to his position. It is necessary to take into account the employee’s personal contribution to achieving the goals of the organization, as well as the complexity and intensity of the work he performs.

It is worth paying attention to the absence or presence of facts of violations of labor regulations and job responsibilities.

All doubts are interpreted in favor of the employee.

Step 4. Commission decision options

We describe what decisions the commission can make:

• the employee is suitable for the position held;
• send for training to suit the position;
• petition the employer for an increase (salary, position);
• consider demotion to the current position due to insufficient qualifications;
• does not correspond to the position held, recommend sending him to training to improve his qualifications or dismiss him due to insufficient qualifications.

Step 5. We formalize the commission’s decision.

All decisions of the commission are documented in a protocol or entered into the employee’s certification sheet. It makes no sense to draw up both documents; in essence, they are the same thing, only the form is different. At the same time, no one forbids filling out both documents.

The certification sheet and protocol are signed by all members of the commission present at the certification.

IMPORTANT!

Those members of the commission who were not present at the certification do not have the right to sign these documents. If they sign, this may serve as a reason to cancel the commission’s decision and initiate a criminal case under Article 292 of the Criminal Code of the Russian Federation.

The order must be issued within a certain period, the employer himself will determine which, but not more than one month.

It is necessary to ensure that deadlines can be interrupted (when going on vacation, temporary absence for unknown reasons or temporary disability given period must be interrupted).

Violation of deadlines entails cancellation of the decision by the certification commission.

For example, if A.V. Petrov will be recognized as unsuitable for his position, the employer has the right to fire him, send him to training or demote him (his will, the certification commission has granted him such powers).

If the employer decides to move A.V. Petrov to a lower position, and A.V. Petrov refuses, the employer will have the right to fire him on the same grounds.

Step 6. Employee rights

It is advisable to indicate that in case of disagreement with the results of the certification, the employee established by law may appeal this decision.

Final provisions

This section contains information about where to store certification documents. All certification documents are stored in personnel departments, protocols are stored in the nomenclature folder, certification sheets- in the personal files of employees.

3. The main objectives of the certification are:

stimulation of targeted, continuous improvement of the level of qualifications of teaching staff, their methodological culture, professional and personal growth;

determining the need to improve the qualifications of teaching staff;

increasing the efficiency and quality of teaching activities;

identifying prospects for using the potential capabilities of teaching staff;

taking into account the requirements of federal state educational standards for personnel conditions for implementation educational programs when forming the personnel of organizations;

ensuring differentiation of wages for teaching staff, taking into account the established qualification category and the volume of their teaching (pedagogical) work.

4. The main principles of certification are collegiality, transparency, openness, ensuring an objective attitude towards teaching staff, and non-discrimination during certification.

II. Certification of teaching staff to confirm compliance with the position held

5. Certification of teaching staff in order to confirm the compliance of teaching staff with the positions they occupy is carried out once every five years on the basis of an assessment of their professional activities by certification commissions independently formed by organizations (hereinafter referred to as the certification commission of the organization) * (2).

6. The certification commission of the organization is created by an administrative act of the employer, consisting of the chairman of the commission, deputy chairman, secretary and members of the commission.

7. The organization’s certification commission must include a representative of the elected body of the corresponding primary trade union organization(if such a body exists).

8. Certification of teaching staff is carried out in accordance with the administrative act of the employer.

9. The employer familiarizes teaching staff with the administrative act containing the list of employees of the organization subject to certification, the certification schedule, against signature at least 30 calendar days before the date of their certification according to the schedule.

10. To carry out certification for each teaching employee, the employer makes a submission to the certification commission of the organization.

11. The submission contains the following information about the teaching staff:

a) last name, first name, patronymic (if available);

b) name of the position as of the date of certification;

c) the date of conclusion of the employment contract for this position;

d) level of education and (or) qualifications in specialty or area of ​​training;

e) information on obtaining additional professional education in the profile of teaching activity;

f) results of previous certifications (if any);

g) a motivated, comprehensive and objective assessment of the professional, business qualities, and results of the professional activities of a teaching employee in fulfilling the labor duties assigned to him by the employment contract.

12. The employer familiarizes the teaching staff with the submission against signature no later than 30 calendar days before the date of certification. After reviewing the submission, the teacher may optionally submit to the organization’s certification commission additional information characterizing his professional activities for the period from the date of the previous certification (in the case of initial certification, from the date of entry to work).

If the teaching staff refuses to familiarize itself with the submission, an act is drawn up, which is signed by the employer and the persons (at least two) in whose presence the act was drawn up.

13. Certification is carried out at a meeting of the organization’s certification commission with the participation of a teaching worker.

A meeting of the organization’s certification commission is considered valid if at least two-thirds of the total number of members of the organization’s certification commission are present.

If a teaching worker is absent on the day of certification at a meeting of the organization’s certification commission for good reasons, his certification is postponed to another date, and appropriate changes are made to the certification schedule, about which the employer informs the employee against signature at least 30 calendar days before the new date carrying out its certification.

If a teacher fails to appear at a meeting of the organization’s certification commission without a good reason, the organization’s certification commission conducts certification in his absence.

14. The certification commission of the organization considers the submission, additional information provided by the teaching worker himself, characterizing his professional activities (if submitted).

15. Based on the results of certification of a teaching worker, the certification commission of the organization makes one of the following decisions:

corresponds to the position held (the position of the teaching staff is indicated);

does not correspond to the position held (the position of a teaching worker is indicated).

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

When undergoing certification, a teacher who is a member of the organization’s certification commission does not participate in voting on his candidacy.

17. In cases where at least half of the members of the organization’s certification commission present at the meeting voted for the decision on the employee’s suitability for the position held, the teaching employee is recognized as appropriate for the position held.

18. The results of the certification of a teaching worker directly present at a meeting of the organization’s certification commission are communicated to him after the voting results are summed up.

19. The results of certification of teaching staff are entered into a protocol signed by the chairman, deputy chairman, secretary and members of the organization’s certification commission present at the meeting, which is stored with submissions, additional information provided by the teaching staff themselves, characterizing their professional activities (if any) , from the employer.

20. For a teaching worker who has passed the certification, no later than two working days from the date of its conduct, the secretary of the certification commission of the organization draws up an extract from the protocol containing information about the surname, first name, patronymic (if any) of the person being certified, the name of his position, the date of the meeting of the certification commission of the organization , voting results, the decision made by the organization’s certification commission. The employer provides the teaching staff with an extract from the protocol against signature within three working days after its preparation. An extract from the protocol is kept in the personal file of the teacher.

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

22. The following teaching staff do not undergo certification to confirm compliance with the position held:

a) teaching staff with qualification categories;

b) those who have worked in their position for less than two years in the organization in which the certification is carried out;

c) pregnant women;

d) women on maternity leave;

e) persons on parental leave until the child reaches the age of three;

f) absent from work for more than four months in a row due to illness.

subparagraphs “d” and “e” of this paragraph is possible no earlier than two years after their release from the specified vacations.

Certification of teaching staff provided for in subparagraph "e" of this paragraph is possible no earlier than one year after their return to work.

23. Certification commissions of organizations give recommendations to the employer on the possibility of appointing to the appropriate positions of teaching staff persons who do not have special training or work experience established in the section "Qualification Requirements" of section " Qualification characteristics positions of education workers" of the Unified qualification directory positions of managers, specialists and employees * (3) and (or) professional standards, but with sufficient practical experience and competence, performing efficiently and in full the job responsibilities assigned to them.

III. Certification of teaching staff in order to establish a qualification category

24. Certification of teaching staff in order to establish a qualification category is carried out at their request.

Based on the results of certification, teaching staff are assigned the first or highest qualification category.

25. Certification of teaching workers of organizations under the jurisdiction of federal executive bodies is carried out by certification commissions formed by the federal executive bodies under whose jurisdiction these organizations are located, and in relation to teaching workers of organizations under the jurisdiction of a constituent entity of the Russian Federation, teaching workers of municipal and private organizations, this certification is carried out by certification commissions formed by authorized government bodies of the constituent entities of the Russian Federation (hereinafter referred to as certification commissions)*(4).

26. When forming certification commissions, their composition, work regulations, as well as conditions for attracting specialists to carry out a comprehensive analysis of the professional activities of teaching staff are determined.

A representative of the relevant trade union is included in the certification commissions.

27. Certification of teaching staff is carried out on the basis of their applications submitted directly to the certification commission, or sent by teaching staff to the certification commission by mail with a return receipt or notification in the form electronic document using information and telecommunication networks common use, including the Internet.

28. In the application for certification, teaching staff indicate the qualification categories and positions for which they wish to undergo certification.

29. Applications for certification are submitted by teaching staff, regardless of the duration of work in the organization, including while on parental leave.

30. Applications for certification in order to establish the highest qualification category for a position for which certification will be carried out for the first time are submitted by teaching staff no earlier than two years after the establishment of the first qualification category for this position.

31. The expiration of the highest qualification category does not limit the right of a teaching worker to subsequently apply to the certification commission for certification in order to establish the highest qualification category for the same position.

32. Applications from teaching staff for certification are considered by certification commissions within no more than 30 calendar days from the date of their receipt, during which:

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

b) written notification is provided to teaching staff about the date and place of their certification.

33. The duration of certification for each teaching worker from the beginning of its implementation until the decision is made by the certification commission is no more than 60 calendar days.

34. A meeting of the certification commission is considered valid if at least two thirds of the total number of its members are present.

35. A teaching worker has the right to personally attend his certification at a meeting of the certification commission. If a teacher fails to appear at a meeting of the certification commission, certification is carried out in his absence.

stable positive results of students mastering educational programs based on the results of monitoring conducted by the organization;

stable positive results of students mastering educational programs based on the results of monitoring the education system, carried out in the manner established by resolution *(5);

identifying the development of students’ abilities for scientific (intellectual), creative, physical education and sports activities;

personal contribution to improving the quality of education, improving teaching and educational methods, transmitting experience of practical results of their professional activities to teaching teams, active participation in the work of methodological associations of teaching staff of the organization.

students achieving positive dynamics in the results of mastering educational programs based on the results of monitoring conducted by the organization;

students achieving positive results in mastering educational programs based on the results of monitoring the education system, carried out in the manner established by Decree of the Government of the Russian Federation of August 5, 2013 N 662 * (5);

identifying and developing students’ abilities for scientific (intellectual), creative, physical education and sports activities, as well as their participation in olympiads, competitions, festivals, competitions;

personal contribution to improving the quality of education, improving teaching and upbringing methods, and the productive use of new educational technologies, broadcasting the experience of the practical results of their professional activities, including experimental and innovative ones, to teaching teams;

active participation in the work of methodological associations of teaching staff of organizations, in the development of program and methodological support for the educational process, and professional competitions.

38. The assessment of the professional activities of teaching staff in order to establish a qualification category is carried out by the certification commission based on the results of their work provided for in paragraphs 36 and of this Procedure, provided that their activities are related to the relevant areas of work.

39. Based on the results of the certification, the certification commission makes one of the following decisions:

establish the first (highest) qualification category (indicate the position of the teaching worker for which the qualification category is established);

refuse to establish the first (highest) qualification category (indicate the position for which the teaching worker is refused to establish a qualification category).

40. The decision by the certification commission is made in the absence of the teacher being certified by an open vote by a majority vote of the members of the certification commission present at the meeting. In case of equality of votes, the certification commission decides to establish the first (highest) qualification category.

When undergoing certification, a teacher who is a member of the certification commission does not participate in voting on his candidacy.

The results of the certification of a teacher directly present at the meeting of the certification commission are communicated to him after the voting results are summed up.

41. The decision of the certification commission is documented in a protocol, which is signed by the chairman, deputy chairman, secretary and members of the certification commission who took part in the voting.

The decision of the certification commission comes into force from the date of its adoption.

42. When a teacher who has the first qualification category makes a decision from the certification commission to refuse to establish the highest qualification category, he retains the first qualification category until its expiration.

43. Teaching staff who were denied a qualification category during certification shall apply at their request to the certification commission with an application for certification for the same qualification category no earlier than one year from the date the certification commission made the corresponding decision.

44. Based on the decisions of certification commissions on the results of certification of teaching staff, the relevant federal authorities executive power or authorized government bodies of the constituent entities of the Russian Federation issue administrative acts on the establishment of teaching staff of the first or highest qualification category from the date of the decision by the certification commission, which are posted on the official websites of these bodies on the Internet.

Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” (Collected Legislation of the Russian Federation, 2012, N 53, Art. 7598; 2013, N 19, Art. 2326; N 23, Art. 2878; N 27, Art. 3462; N 30, Art. 4036; N 48, Art. 6165; 2014, N 6, Art. 562, Art. 566).

*(3) Order of the Ministry of Health and social development of the Russian Federation dated August 26, 2010 N 761n “On approval of the Unified Qualification Directory of Positions of Managers, Specialists and Employees, section “Qualification Characteristics of Positions of Education Workers” (registered by the Ministry of Justice of the Russian Federation on October 6, 2010, registration N 18638) as amended, introduced by order of the Ministry of Health and Social Development of the Russian Federation dated May 31, 2011 N 448n (registered by the Ministry of Justice of the Russian Federation on July 1, 2011, registration N 21240).

*(4) Part 3 of Article 49 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” (Collected Legislation of the Russian Federation, 2012, N 53, Art. 7598; 2013, N 19, Art. 2326 ; 23, Art. 2878; N 27, Art. 3462; N 30, Art. 4036; N 48, Art. 6165; 2014, N 6, Art. 562, Art. 566).

*(5) Decree of the Government of the Russian Federation of August 5, 2013 N 662 “On monitoring the education system” (Collected Legislation of the Russian Federation, 2013, N 33, Art. 4378).

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