The staff is the main asset for every company. The achievement of company goals depends on the quality of work of employees.

In order to ensure that the performance of employees does not deteriorate over time, it is necessary to regularly assess their skills, knowledge and percentage of the plan.

What does the Labor Code of the Russian Federation tell us

Labor Code The Russian Federation regulates many provisions governing the process of personnel management. The appraisal process is no exception. So, this document highlights special rules that allow the employer to terminate the contract with the employee if he has insufficient qualifications or does not correspond to the position he occupies.

In addition, this document obliges the employer to include a representative from the trade union organization in the commission that conducts the assessment. However, this requirement is valid only if the certification will serve as a basis for dismissing the employee.

The rest of the attestation provisions are governed by other laws and regulations depending on the industry in which the company operates.

Objectives of the

Appraisal is a regular check of an employee in terms of his professional level. This is necessary in order to understand how the qualifications correspond to the duties assigned to the employee.

The main purpose of the evaluation procedure is checking the availability of the necessary skills, theoretical knowledge of the employee, as well as business qualities and the ability to apply all available knowledge to perform duties that are fixed in the job description and the employment contract.

In addition, appraisal may have the goal of evaluating the results achieved by an employee. Based on all the data received, a development plan is most often drawn up for each individual employee.

In addition, there are a number of additional goals:

• Compliance check corporate culture companies.
• Determination of a place in the team and compatibility with it.
• Checking the level of employee motivation (including career growth).
• Determining the vector of development in the company.
• Increasing the level of responsibility of the team (as well as the level of discipline).

Detailed information about this procedure and all the nuances of its implementation at the enterprise is presented in the following video:

Types and methods

During the development of such a section of management as personnel management, enough a large number of methods for conducting an objective assessment of the performance of employees. In this case, more often than not, several methods are combined instead of using only one technology.

So, among the types of personnel assessment procedures, the following can be distinguished:

• Subjective assessment by the immediate supervisor.
• Evaluation of performance results based on initially established indicators.
• The 360-degree method is an assessment of an employee from 4 sides: manager, subordinates, colleagues, clients.
• Ranking - comparing the performance of employees in the unit.
• Rating scale - certification according to a predetermined list of factors on a given scale.
• The method of open certification is to assess the nature of the performance of duties by an employee.
• Conducting an assessment center (assessment center) is a technology that allows you to comprehensively evaluate employees using a combination of methods. The Assessment Center is focused on assessing professional, psychological characteristics, as well as identifying potential opportunities for development.

In addition, there are a number of types of certification:

• Another- a mandatory process for all, carried out once a year for managers and once every 2-3 years for ordinary employees (may be done more often).
• When moving up the career ladder- the goal is to determine the level of training of the employee in accordance with the new job responsibilities.
• After passing probationary period - the view necessary in order to understand whether the employee should be recommended for enrollment in the state.
• When transferred to another department- carried out only if the person will perform another range of duties.

Which employees are required to be covered?

There are a number of categories of personnel that must undergo certification without fail. Among them stand out:

• Aviation personnel.
• Heads of unitary enterprises.
• Library staff.
• Personnel working in the emergency services.
• Workers are procurators (primarily those who have class ranks).
• Employees in hazardous work.
• Professionals working in the field of shipping, land and air transport, who are associated with the need to ensure security.

Generally speaking, various legislative acts regulate the mandatory assessment procedure for those specialties on which the life and health of people seriously depend.

In case of failure to pass the certification, the employer cannot dismiss some employees: in particular, these are pregnant women, single mothers and women with children under the age of 3 years.

The main stages of the procedure

Certification of employees is carried out according to sufficient standard procedure(regardless of the type and method chosen). So, it includes several stages:

1. Preparatory stage- is carried out by specialists of the personnel department and consists in developing indicators for assessing personnel and preparing forms and instructions in accordance with them.
2. Face Acquaintance Stage conducting certification, with its goals and objectives, progress, etc.
3. Stage of work with normative documents - the process of preparing all required documents for evaluation and recording of its results.
4. Organization of certification in departments- the process is carried out by direct supervisors. If the management apparatus is being tested, this is done by the director of the company or his deputies.
5. Stage of consideration of materials on the evaluation procedure- the point is to analyze the results obtained.
6. Decision stage- is to determine further plans for the development of the employee, his training and advanced training. Decisions are also made to change the level wages, payment of bonuses, etc.

Documents drawn up in the process

As in the case of other procedures taking place at the enterprise, in the process of its implementation it is necessary to draw up a number of documentation. So, the following list of documents is exhaustive for any type of certification:

• Order of the head on the need for an assessment.
• Regulations of the company on the certification procedure.
• Schedule for staff appraisals.
• Certification sheet.
• specialized forms.

Personnel certification is one of the most important elements personnel work, which is a periodic inspection professional suitability and compliance with the position held by each employee of a certain category. The composition of personnel subject to certification is established in each branch of activity according to the list of positions of managers, specialists and other employees.

The legislation does not oblige all employers without exception to conduct certification of their employees. Neither in the Labor Code of the Russian Federation, nor in any other regulatory legal act industry-wide and mandatory, it is not established that any employer must periodically check the professional suitability of their employees.

Mandatory certification is only for employees performing certain types activity, which is regulated by special federal laws and regulatory legal acts.

Mandatory certification is subject to:

Civil servants of the Russian Federation, civil servants of a number of federal bodies executive power, civil servants of public authorities of subjects Russian Federation, as well as municipal employees of the Russian Federation;

- personnel of organizations of individual industries economic activity, This:

• employees carrying out activities related to operational dispatch control in the electric power industry;
• employees whose activities are related to the movement of trains and shunting work on public railways;
• employees responsible for ensuring the safety of navigation;
• employees of hazardous production facilities;
• workers working at chemical weapons storage facilities and chemical weapons destruction facilities;
• aviation personnel;
• workers performing work with sources of ionizing radiation;
• librarians;
• personnel of space infrastructure facilities;
• teaching and administrative staff educational institutions;

- heads of unitary enterprises.

In other cases, certification is a voluntary matter - there are no regulatory and legal obstacles to its introduction in organizations. The only thing that the employer and his personnel service should do is to fix the certification rules in the relevant local regulatory act - the Regulations on the certification of the organization's personnel.

The main points of legal significance in the preparation of the Regulations on personnel certification

Since methods for assessing employees should be developed by personnel services, taking into account the specifics of the organization's activities, qualification structure its personnel, other managerial factors, it would be reckless to give universal recommendations. Therefore, we will dwell on the main points of the local Regulations on personnel certification, which are of legal significance and are common to any certification procedure, regardless of how the professional suitability of employees is assessed:

1. Workers subject to and not subject to certification

The Regulations being developed should clearly define the categories of employees subject to certification, and categories not subject to certification.

Certification in order to establish the compliance of employees with their positions, their professional suitability is carried out in relation to such a group of employees as employees. Employees are defined as social group workers engaged mainly in mental (non-physical) labor, as a rule, leading, accepting and developing management decisions, information preparation.

workers- a social group of workers employed primarily physical labor, consisting in the creation of a material product, as well as in the technical and production support of the organization's activities - are not subject to this certification.

What categories of employees managers, specialists or technical performers- must undergo certification, the personnel service in each organization decides individually. So, in a number of organizations, technical performers are not included in the personnel subject to certification.

Not subject to certification:

• employees who have worked in their position for less than 1 year, tk. they do not have proper work experience and the conclusions drawn about their business qualities will be biased;
• pregnant women, in this case, even if a discrepancy is established, they still cannot be fired, based on the prohibition established by Article 261 of the Labor Code of the Russian Federation;
• women with children under the age of 3 and on parental leave; their certification is carried out no earlier than one year after leaving the vacation, tk. firstly, during parental leave, an employee may lose his qualifications and a reasonable period for its restoration is 1 year, and, secondly, the establishment of a discrepancy with the position held will still not allow terminating labor relations with the employee under paragraph 3 of Article 81 of the Labor Code RF.

The list of employees not subject to certification may include:

• employees working on the terms of internal combination;
• employees with whom they have been concluded for a period of up to 1-2 years;
• employees who have undergone advanced training or professional retraining within a year from the date of completion of advanced training or retraining;
• employees appointed to a position by competition within 1 year from the date of appointment;
• young specialists (it should be clarified that young specialists are not subject to certification during the period compulsory work by appointment after graduation educational institution. Since there is almost no such practice now, the issue of certification of yesterday's students is decided by the employer at its discretion), etc.

2. Frequency and timing of certification

According to the Regulations on the procedure for certification of managers, engineering and technical workers and other specialists of enterprises and organizations in industry, construction, Agriculture, transport and communications approved. Decree of the USSR State Committee for Labor and the USSR State Committee for Science and Technology dated 05.10.1973 No. 267/470 ( last changes were introduced into it in 1986, and at the moment it has not been canceled or invalidated), certification is carried out periodically, once every 3-5 years.

Therefore, in the local act of the organization - the Regulations on the certification of personnel - a specific frequency should be prescribed: certification of employees is carried out 1 time in 3 years or 1 time in 4 years, or the frequency of certification (for example, “Not more than 1 time in 3 years ").

When establishing the frequency of certification, it is desirable to determine the start date for this period - from the moment the head of the order (instruction) issues certification or from the date specified in the order (instruction).

Next, you should determine the period that is allotted for certification before establishing the results (from the beginning). This period is set by each organization independently, based on the number of staff, the composition of the certification commission and the number of these commissions, the qualification composition of those being certified, etc.

From experience, a period of 3-6 months is considered optimal. During this period, the certification of personnel must be fully carried out.

If the organization is very large, then in order to be able to meet within a reasonable time, stage-by-stage certification is provided, i.e. distribution of the total number of certified by years within the established frequency.

In the event that it is difficult to determine the terms of the certification in the local Regulations on the certification of personnel for any reason, then they can be determined in the order (instruction) on the certification. The possibility of establishing the timing of certification by order (instruction) should be recorded in the local act - the Regulations.

3. Informing employees about the certification

In the local act - the Regulation - it is necessary to prescribe about:

• mandatory communication to the employee at least 1 month before the start of certification of information on the timing of the certification, certification schedule;
• at least 1 week before certification - familiarization of the employee with the feedback (characteristics) submitted to him;
• with what other documents fixing the passage of attestation, the employee must or can be familiarized.

The employee should also be given the opportunity to familiarize himself with the final certification documents, up to the issuance of appropriate copies.

4. Types and purposes of certification

Certification can be:

• another planned one: this is certification, which is carried out in deadlines, is considered the next scheduled certification;
• early: certification conducted during the inter-certification period.

The reasons for early certification may be:

• nomination of a candidate for a higher position, if there is vacant position;
• significant omissions or miscalculations in the work or the commission of a disciplinary offense, the essence of which is improper, poor-quality performance of official duties;

Omissions in the work of the entire unit can be named as the basis for the certification of all employees of the unit:

• the request of the employee himself, if he wants to get a higher position or declare himself as a candidate for promotion;
• the initiative of the head of the organization or other managerial person to check the compliance of an employee hired a year ago who has not passed the next certification; in this case, we are talking about an employee who at the time of the certification did not have the necessary certification experience and was not subject to certification, but the need to check the compliance of his position remained;
• obtaining an assessment during certification "conditionally certified".

Taking into account possible disputes, the Regulations should describe in detail the rules for conducting early certification, including the grounds for its conduct and the procedure itself.

Goals of certification

Main:

1. Evaluation of the results of the employee's work.
2. Determination of suitability for their position.
3. Identification of shortcomings in the level of training.
4. Drawing up an employee development plan.

Additional:

1. Checking compatibility with the team (ability to work in a team, loyalty to the organization, employer and management).
2. Checking the motivation to work, to work in this position.
3. Determining career development prospects for an employee.

Are common:

1. Improving personnel management and increasing the efficiency of personnel work.
2. Increasing responsibility and executive discipline.

Specific:

1. Determination of the circle of employees and the list of positions subject to dismissal or reduction.
2. Improving the moral and psychological climate in the organization.

5. Regulations for the work of the attestation commission

In order to avoid conflicts and disputes with employees, the Regulations should define in detail the scheme of work of the certification commission:

• the procedure for holding meetings of the commission;
• rules for making decisions by the commission and their execution;
• rules for the preparation by the commission of recommendations to employees.

It is important to know!

Part three of Article 81 of the Labor Code of the Russian Federation stipulates that when carrying out certification, which may serve as a basis for the dismissal of employees in accordance with subparagraph "b" of paragraph 3 of Article 81 of the Code, a member of the commission from the relevant elected trade union body must be included in the certification commission .

Therefore, in the Regulation it is necessary to determine the form of participation of a trade union representative in the certification.

The inclusion of a trade union representative in the attestation commission is mandatory only if the purpose of the attestation is only to verify the suitability of the position held and, as a result, dismissal of employees is possible. If attestation has other goals (formation of a personnel reserve, increase in wage categories, etc.) and its results do not provide for the possibility of dismissal, then the inclusion of a trade union member in the attestation commission is not necessary.

6. Results of certification

The Regulations should contain the wording of the certification results: "corresponds to the position" And "does not fit the position" . In some cases, a third assessment is provided - or “corresponds to the position held, subject to the recommendations of the attestation commission” . This intermediate assessment is very important, as it allows the personnel service to influence the employee. However, the actions of the employer when using it must be thoughtful.

Other wording of attestation results, such as "certified", "not certified", "good" etc. nothing more than creativity and can lead not only to internal conflicts with the employee, but further to litigation, where the unprofessionalism of the employer's personnel service will be noted.

Evaluation of an employee "conditionally corresponds to the position held" , does not allow the employer to make a decision on the dismissal of the employee until he checks whether the employee has complied with the recommendations of the certification commission. This means re-assessment of this employee, for example, in a year. In this case, it is necessary to prescribe in the Regulations how the extraordinary certification will be carried out, make a cyclic reference to the procedure for establishing the results of the next certification and provide that the second time certifying commission can give only two grades: corresponds or does not correspond to the position held.

7. Registration of final certification documents

It is very important that the Regulation clearly defines the list of documents generated during certification.

Based on the decision of the certification commission, a report on the certification is prepared, in which the personnel service informs the head of the organization of the results of the certification: how many employees correspond to their positions, how many do not.

On the basis of these documents, the head of the organization issues a general order (instruction) on measures following the results of certification, in which he sets the task for the personnel service to solve all the questions at once:

• on transfers to higher positions within the framework of local regulation on the personnel reserve or by individual decision of the head of the organization;
• on the assignment of a category;
• about increasing salaries, establishing allowances;
• on the change or cancellation of allowances;
• about downgrading qualification category;
• on employee incentives;
• on consideration of the issue of transfers or dismissal of employees who do not correspond to their position.

8. Deadlines for the completion of certification results

The Regulations must necessarily define the terms within which the employer has the right to make a decision related to the continuation, modification or termination of labor relations with workers. This will help to avoid further challenging the decision of the head of the organization in relation to the employee in court.

In paragraph 12 of the Regulations of 1973, it is established that the head of the organization, taking into account the recommendations of the attestation commissions in in due course applies appropriate incentive measures to employees and, in appropriate cases, within a period of not more than 2 months from the date of certification, may decide to transfer an employee who, according to the results of certification, does not correspond to the position held, to another job with his consent.

If it is impossible to transfer an employee with his consent to another job, the head of the organization may, within the same period in accordance with the established procedure, terminate with him in accordance with the law. (See subparagraph "b" of paragraph 3 of Article 81 of the Labor Code of the Russian Federation).

Further, in the same paragraph 2 of the Regulations of 1973, it is said that after a 2-month period, the transfer of an employee to another job or termination of an employment contract with him based on the results of this certification is not allowed.

In addition, it is necessary to link the period in which a decision can be made to transfer or dismiss an employee with the period of certification (for example, it must be clearly established that the 2-month period is counted from the moment the head of the organization approves the results of the certification).

9. Measures of influence on employees

!Know that in the Regulations on certification of personnel, among the measures of influence on employees, disciplinary action. This is unacceptable, since the discrepancy to the position held does not imply the fault of the employee in his lack of sufficient qualifications. In the event of a dispute and its consideration in court, the actions of the employer to bring employees to disciplinary liability will be recognized as unlawful, and the Regulations on personnel certification will be declared invalid on the basis of Article 8 of the Labor Code of the Russian Federation.

10. The procedure for changing and terminating labor relations based on the results of certification

The procedure for making a decision on the transfer of an employee, on changing the essential terms of the employment contract and dismissal should be detailed in the Regulations on personnel appraisal. It is also necessary to determine not only the mechanisms for selecting positions, the transfer to which can be offered to an employee who is recognized as inappropriate for the position held, but also the time frame in which such an offer must be made to the employee, the form of the offer, the procedure for issuing the employee’s consent or refusal to transfer.

In the event of disputes between the employer and the employee and their resolution in court, the employer will have the opportunity to justify the legality of their actions.

The following should also be noted:

• Evaluation should not be combined with criticism.
• You can not tell the employee at the same time about the results of certification and about remuneration.
• It is mandatory to explain to employees that personnel certification is not a punitive tool for dismissing objectionable or “wrong” specialists; it is designed to help not only employers, but also employees themselves find weak spots in their training and eliminate them.

Based on the certification results, a individual plan development of each specialist, providing for the improvement of his qualifications (seminars, trainings, internships, consultations) and his career growth.

If necessary, the Regulations can add the necessary chapters and applications.

The form of the order for certification

The form of the schedule for certification

Form of certification sheet of an employee

The form of the certification sheet of the employee during re-certification

Supervisor feedback form

Worker report form

Form of decision of the attestation commission

The form of the protocol of the attestation commission

An indicative list of indicators for assessing the qualifications of department heads

The assessment of the service qualification of the certified employee is based on the conclusion about his compliance with the provisions, determining the share of his participation in solving the tasks set, the complexity of the work he performs, and its effectiveness:

Education;

Work experience in the specialty;

professional competence;

Knowledge of the necessary regulatory legal acts;

Acquaintance with domestic and foreign experience in this area;

Ability to make quick decisions to achieve set goals;

The quality of the finished work;

Ability to adapt to a new situation and find new approaches to solving emerging problems;

Timeliness of performance of official duties;

Responsibility for the results of work;

Intensity of work (the ability to cope with a significant amount of work in a limited time);

Ability to work with documents;

The ability to predict and plan, organize, predict and analyze their work or the work of subordinates;

Ability in short time master technical means, providing an increase in labor productivity and quality of work;

Production ethics and communication style;

Ability to be creative, entrepreneurial;

Participation in commercial activities;

Independence;

The ability for self-esteem.

Often, employees dismissed as a result of certification are reinstated at work through the courts. How to properly conduct certification of employees in order 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 should ensure that positions are filled by competent employees. But the staff is wary of such an assessment, as they are afraid of layoffs, demotions and pay cuts. In addition, employers often forget to settle various aspects of this procedure, so most disputes related to certification are won by employees.

Learn more about the features of personnel certification.

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

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The procedure for preparing for the certification of employees

Performance appraisal of employees in private sector companies is not regulated current legislation. There is only an article in the Labor Code that allows you to dismiss an employee due to inadequate qualifications, confirmed during the certification.

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

Mandatory information that must be in the Regulations on certification:

1. what are the objectives and goals of certification;
2. with what frequency the certification of employees is organized;
3. in what order the attestation commission is formed;
4. what is the procedure for preparing and conducting certification;
5. what decisions the attestation commission is entitled to make and in what order;
6. how the test results are presented.

Note! The company independently determines the frequency of certification. It has to do with working conditions. For certain categories of employees, the frequency may be different. For example, the Regulations can prescribe that managers (deputy directors, heads of departments, departments, departments) are subject to certification once every two years, the rest - once every three years.

The regulation on attestation is approved with a stamp or put into effect by order of the head of the organization. Prior to the start of certification, employees must be familiarized with the local act against signature. New employees are introduced to the position before signing employment contract(part three of article 68 of the Labor Code of the Russian Federation).

Preparation of documents for certified

Prior to the start of certification, for example, two weeks before it, reviews are submitted to the certification commission for employees subject to evaluation. They can be presented in the form of a presentation. In the review (submission), the immediate supervisor writes how the employee performed his official duties for the certification period. Feedback typically 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 he was appointed to this position;

list of duties performed by the employee;

a reasonable assessment of the business qualities of a specialist and the results of his work for the certification period (reports on the work performed or information on outstanding assignments, if any, are attached).

Simultaneously with the reviews, the personnel department submits to the attestation commission copies of documents on education, on advanced training, job descriptions, extracts from the work book and other documents necessary for the assessment of the employee. Each certified employee must also be familiarized with the submitted materials in advance (for example, a week before the certification). So he can submit additional information about my professional activity for the specified period, which, in his opinion, may affect the results of certification. If the employee is not familiarized with the review and other documents, he may declare a violation of the certification procedure.

Important: the law provides for a mandatory certification of employees of certain categories: civil servants (Article 48 of the Federal Law of 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 for conducting

After the necessary preparatory work is 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.

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According to the results of the attestations employees make a decision for each certified person. It may or may not be related to retirement. For example, an employee remains in the same position or is offered a promotion. In addition, an employee can be certified, but under the condition. For example, they 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.” In the certification sheet, members of the commission can write their recommendations to the employee.

How to sum up the performance appraisal of employees

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

leave the employee at their previous job,

offer the employee another job,

send to professional development,

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

How to issue a dismissal based on the results of certification

If an employee, due to insufficient qualifications, was recognized by the decision of the attestation commission as inappropriate for the position held (or work performed), the employer has the right to dismiss him. The basis will be paragraph 3 of the first part 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 on sick leave.

Before dismissing, the employer must first offer the employee available vacancies. These are both vacant positions that correspond to the qualifications of the employee, as well as vacant lower 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). Notification of the availability of vacancies or their absence is safer in writing.

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

It is forbidden to dismiss in connection with the unsatisfactory result of the certification of the following employees (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 (a disabled child under 18), another employee raising a child under 14 without a mother (a disabled child under 18);

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

Thus, the certification of employees 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 promotion of an employee to his dismissal. In any case, it is important to follow the procedure in order not to end up in court.

Employees of organizations in certain areas of activity, financed from various levels of the budget, do not need to talk much about attestation: for them, the need and procedure for its implementation are established by regulations. But certification of employees of commercial companies is not mandatory and can only be carried out by decision of the employer with the mandatory regulation of this procedure by local regulations. When developing a set of local documents, the employer must rely on the norms of the current labor law. Today we will talk about everything you need to know about the certification of employees, in particular, about what points to pay attention to when preparing local regulations.

The concept of attestation

- have worked in the position for less than a year;

- who have reached the age of 60 years;

- pregnant women;

— who are on maternity or childcare leave until they reach the age of three years (certification of these employees is possible no earlier than one year after leaving the leave).

- with whom a fixed-term employment contract has been concluded for a certain period, for example, up to one year, if certification is carried out once every few years;

- aimed at advanced training, if it is related to the position held. In this case, certification can be carried out after a certain time after advanced training, for example, after six months.

It is also necessary to determine the form of certification by the regulation. Of course, each employer independently decides how to evaluate employees, but the following forms of certification are possible:

1) oral - interview. It can be carried out both individually and collectively. An individual interview is usually conducted by the immediate supervisor during the preparation of a response to an employee to clarify his tasks, attitude to his duties, and also determine if he has any problems. A collegiate interview is conducted by the attestation commission after consideration of all the submitted materials. Usually, during such an interview, the commission hears the employee, asks questions of interest to her, invites the employee to independently evaluate his work and hears an opinion about what the maximum result of his activity could be if he was not achieved by the employee, and what the employer can do to ensure that so that in the future such a result would be achieved by the employee;

For your information. When conducting certification, an important stage is the preparation of reviews (characteristics) for employees. In such a review, the immediate supervisor evaluates the work activity of the employee, indicating the quality of the employee's performance of the tasks assigned to him, professional knowledge skills, abilities and competencies, business qualities(responsibility, diligence, labor intensity and independence in decision-making). The employee must be familiarized with the review against signature.

2) written - filling out tests, questionnaires. This form of certification is the most objective, since it provides an equal approach to assessing the level vocational training and knowledge of each certified worker. However, in order to conduct certification in this form, the employer must work hard: create a list of questions, approve tests, set the number (percentage) of correct answers that determine successful certification, etc.;

3) mixed - when an oral interview is used with a mandatory written response to the questions of a test or questionnaire.

A very important part of the provision is the establishment of criteria and assessments. The criteria are set based on the complexity of the work performed, as well as the duties assigned to the employee. Therefore, it is possible to determine the correspondence of an employee’s qualifications to the work performed only if, in employment contract (job description) the functions of the employee are described as clearly as possible. If he is recognized as inappropriate for his position, and his official duties are not documented, disputes may arise.

Note! If different evaluation criteria are established for different categories of employees in the organization, it is advisable to issue this in the form of an application. Employees subject to certification must be familiar with such criteria in advance, before certification.

The assessment can also be formed based on the complexity of the work, the variety of tasks assigned to the employee, the degree of independence and responsibility for the task assigned, the effectiveness in performing certain functions (error-free, compliance of the result of work with the task, meeting deadlines), level of competence.

It is desirable to describe the certification procedure in as much detail as possible, both on the part of the employee and on the part of the employer. For example, you can describe the procedure for keeping minutes of the meeting of the attestation commission, indicate the obligation to fill it out, present the form of the protocol and the procedure for its approval and familiarize employees with the results of attestation after the decision is made by the members of the commission.

Note. It is advisable to enter the data for each employee separately in the protocol, otherwise the execution of the employees’ answers without a breakdown by person will not allow determining which of the employees answered this or that question, and in the event of a dispute, the protocol will not be proof of the inconsistency of the employee’s qualifications with the position held.

It would be good to indicate a list of reasons that are valid and in the presence of which the certification can be postponed for another period, as well as identify disrespectful ones that entail either the imposition of a penalty or the certification in the absence of the employee.

In the provision it is convenient to determine the composition and powers of the certification commission. Of course, for this it is possible to develop and approve a separate local normative act, but it is also possible not to “breed the bureaucracy” and get by with one provision on the certification of employees.

As a rule, the commission includes a chairman, members (including a deputy chairman), a secretary, a representative of a trade union organization (if any). In addition, the commission may include experts from among highly qualified employees with sufficient knowledge in a particular area, as well as heads of relevant departments.

In addition to the above provisions, this section may include the following conditions:

- on the procedure for signing the protocol (it is established that it is signed by all members of the commission or those who do not sign this document are indicated, for example, the secretary);

- on the timing of the submission of the minutes of the meeting of the attestation commission to the head of the organization for a final decision;

It is necessary to clearly establish the unit or person responsible for the preparation of materials for submission to the certification commission (this may be, for example, a legal adviser or personnel department), whose job responsibilities include participation in the certification, and also reflect the stages of preparation for the certification:

- formation of lists of employees subject to certification;

- informing the heads of departments about the need to submit characteristics or certification sheets for employees. At the same time, it is necessary to indicate what information should be contained in them (point by point), and set a deadline for submitting characteristics before the start of certification;

– collection for transfer to the attestation commission of materials related to labor activity employees subject to certification (reviews, characteristics, copies of orders to encourage and bring to disciplinary responsibility, etc.);

- drawing up a schedule for certification (including for individual structural divisions or blocks)

- preparation of a draft order on the formation of the composition of the attestation commission;

- setting deadlines for familiarizing employees subject to certification with the certification schedule, notifying them of the date of its conduct, the composition of the commission, materials characterizing the labor activity of employees, their rights and obligations;

— approval of the procedure for the employee to provide additional information that is not in the materials submitted to the certification commission, etc.

For your information. The regulation must include information on the persons responsible for drawing up certification schedules, the timing and methods of approving the schedule, describe the procedure for communicating information about the timing of certification to the members of the certification commission and employees. Schedules can be drawn up both for the entire organization as a whole, and for individual divisions or for categories of positions (management staff, specialists, workers, technical performers).

After the employee attends the meeting of the attestation commission, its members get acquainted with the submitted materials and discuss them. Members of the commission, when formulating questions, should first of all proceed from qualification characteristics, which are established for the position held by the employee. In other words, the employee's incorrect answers to questions that are not related to the work performed are not a confirmation of the employee's inconsistency with the position held.

The procedure for discussing materials submitted to the certification committee, test results is also fixed in the local regulatory act of the employer. The decision taken by the commission is recorded in the minutes.

Decisions that can be made based on the results of certification are also best fixed in a local regulatory act. So, for each of the certified employees, depending on the final grades obtained during the certification process, one of the following decisions can be made:

- the employee corresponds to the position held and is recommended for transfer in the order of promotion;

- the employee corresponds to the position held and is recommended for inclusion in personnel reserve;

- the employee corresponds to the position;

- the employee does not correspond to the position.

In addition to establishing the conformity or inconsistency of the qualifications of the employee with the position he occupies, during the certification, achievements in labor activity can be identified. Appropriate wording must be included in the list of possible decisions of the commission, for example: “Worthy of encouragement”. Based on such a decision, the employer issues an order to reward or otherwise encourage the employee.

The next important point that needs to be fixed in the local regulatory act is the period in which the employer needs to follow the recommendations of the certification commission. Such a period, based on the current regulations, ranges from a month¹ to two².

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¹ Regulations on the procedure for attestation of federal civil servants central office Federal customs service, approved Order of the Federal Customs Service of Russia dated February 21, 2008 N 166.

² Regulations on the procedure for certification of managers, engineering and technical workers and other specialists of enterprises and organizations in industry, construction, agriculture economy, transport and communications, approved. Decree of the State Committee for Science and Technology of the USSR N 470, Goskomtruda of the USSR N 267 of 05.10.1973.

Source - magazine "HR department of a commercial organization"

Under the traditional system of attestation of employees, the current legislation refers to a procedure, the content and procedure of which the employer develops independently. There is no article under the title "Certification of employees for compliance with the position held." However Labor Code, according to article 81, determines that the procedure for conducting certification is established by the local regulatory act of the employer.

For example, certification of cultural workers is determined by the Procedure approved by the Deputy Minister of Culture of the Russian Federation, dated February 8, 2010 No. 7790-44 / 04-PKh. This normative act, in particular, stipulates that employees who, by 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 provision 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 certification of employees

IMPORTANT!

Since in 2020 the certification of employees is regulated by the employer, we recommend taking the Regulation on the procedure for conducting certification, approved by the Decree of the State Committee of the USSR dated 05.10.1973 No. 267, as the basis for the development of an internal regulatory act.

The current legislation does not limit in any way the categories of employees in respect of which certification can be carried out, as well as the frequency and procedure for certification itself. 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 the "Regulations on the certification of employees", with attention. In order to avoid 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 itself, it is advisable to include the following sections in it:

1. General information.
2. Section on preparations.
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 employees at his enterprise does not fail and is as objective as possible.

General section

Step 1. Designate the purpose of 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 might set out to aim rational use labor resources their employees, increasing the effectiveness of their work and responsibility for the work assigned. Formulate clearly and specifically exactly the goal that you are trying to achieve.

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

• objective assessment of the activities of managers and determination of its compliance with the position held;
• assistance in improving the efficiency of enterprises;
• stimulation professional growth business leaders.

Step 2. Determine the composition of the certified workers

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

• pregnant women;
• who have worked in the position for less than a year;
• 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 is concluded.

The rest of the staff can be certified.

For example, when attestation of prosecutors is carried out, the number of those being attested does not include:

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

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

Step 3. Fix the frequency of certification

Certification can be carried out every year, but such a 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, attestation of employees of internal affairs bodies is carried out once every four years.

Step 4. Indicate the grounds for an extraordinary certification

It is better to foresee (in case of parting) and fix 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 duties.

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

For example, in the Regulation approved by the Ministry of Transport of the Russian Federation of March 11, 1994 No. 13/11 (registered in 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 serious traffic accidents occur.

Section on preparation for certification

IN this section it is necessary to clearly and clearly indicate what steps and measures the employer and subordinate officials are obliged to take.

Step 1. Determine the composition of the commission

The composition of the commission is determined by the 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 which does not.

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

The composition of the commission is permanent, changes can be made either due to a conflict of interest, or in connection with personnel movements.

It is important to indicate the powers of the members of the commission. Thus, the chairman is responsible for the validity and legitimacy of the collegiate decisions made, the members of the commission for the comprehensiveness and objectivity of the decisions made, the secretary for the technical work.

Step 2. 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 have time to acquaint those who are to be certified with it.

The chart indicates:

• list of employees subject to certification this year;
• date and place of the procedure;
• time to provide the necessary personnel documents on attested employees and F.I.O. responsible for providing.

Step 3. Notify employees about the upcoming certification

All certified workers must be notified of the procedure in advance and under signature. How far in advance, the employer decides, but the optimal period is one month.

The form of the notification is not important, the fact confirming the acquaintance is important.

If the employee refuses, an appropriate act is drawn up.

If sick, a corresponding notification is sent to the place of registration and residence by registered mail with acknowledgment of receipt.

Step 4. Obtain the necessary personnel documents

Due to the fact that the attestation commission makes decisions on the basis of the documents provided, the employer has the right to independently provide for which document and within what time frame should be submitted to the commission.

It can be any requirement, like a portfolio, for example.

For example, until recently teaching staff state government institutions social services V Leningrad region had to submit a portfolio for certification social worker characterizing the results of their activities. However, it is worth noting that at present this requirement has been canceled by the 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 description or service review of the employee, which must be prepared by his immediate supervisor.

With the characteristics of the employee must be familiarized under the signature. After familiarization, this document is submitted to the certification commission.

IMPORTANT!

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

The deadline for submission of all documents is indicated in the schedule.

IMPORTANT!

A characteristic not provided on time with disputable certification results is a formal reason for the court to recognize the decision of the certification commission as 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 the quorum

To do this, the regulation should state that with the participation of two-thirds of the composition of the commission, its decisions are considered valid. If the number of members of the commission is less, the certification is postponed for 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 members of the commission ask questions of interest to them.

After the questions are asked and the employee answers them, the certified employee is removed, and his head 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 an appropriate document. If an employee is a scoundrel, this is not a reason to recognize him as inappropriate for his position.

The professional activity of an employee should be evaluated in conjunction with the qualification requirements for his position. It is necessary to take into account the personal contribution of the employee in achieving the goals of the organization, as well as the complexity and intensity of the work that he performs.

It is worth paying attention to the absence or presence of facts of violations work schedule 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 corresponds to the position;
• send for training to match the position;
• apply to the employer for an increase (salary, position);
• consider demotion due to insufficient qualifications;
• does not correspond to the position held, to recommend sending for training for advanced training or dismissal due to insufficient qualifications.

Step 5. We draw up the decision of the commission.

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

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

IMPORTANT!

Those members of the commission who were not present at the certification are not entitled to sign these documents. If they sign, this may serve as a reason to cancel the decision of the commission 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 in which, but not more than one month.

It is necessary to provide that the terms can be interrupted (when going on vacation, temporary absence for unknown reasons or temporary incapacity for work, this period should be interrupted).

Violation of the terms entails the cancellation of the decision by the attestation commission.

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

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

Step 6. Worker rights

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

Final provisions

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