E.Yu. Zabramnaya, lawyer, PhD n.

We certify employees for professional suitability

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

We tell the manager

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

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

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

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

First of all - the provisions on certification

We warn the manager

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

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

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

From authoritative sources

Head of Legal Department Federal service on labor and employment

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

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

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

The mentioned Soviet Regulations can be found: section “Legislation” of the ConsultantPlus system (information bank “Version Prof”)

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

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

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

Circle of certified workers

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

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

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

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

Frequency of certification

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

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

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

From authoritative sources

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

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

Rostrud

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

For the form of the order for certification and the form of the certification schedule, see:

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

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

Procedure for certification

Write in the local regulations on certification detailed order its implementation. Include the form in which it is carried out (oral or written - by performing a test, etc.).

Forming an attestation commission

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

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

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

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

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

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

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

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

For the form of the certification sheet, see:

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

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

We warn the manager

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

If the company has a trade union, then do not forget to take its opinion into account before approving your local certification regulations. And Art. 8 Labor Code of the Russian Federation, part 2 art. 81 Labor Code of the Russian Federation, art. 372 Labor Code of the Russian Federation; clause 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2; Determination of the Moscow Regional Court dated 06/01/2010 No. 33-8370. Otherwise, in the event of a complaint from a trade union or workers to the labor inspectorate, the company and its management may be fined b Art. 5.27 Code of Administrative Offenses of the Russian Federation. If in such a situation someone is fired based on the results of certification, then if the dismissed person goes to court, he will be reinstated e Art. 394 Labor Code of the Russian Federation.

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

Before certification

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

For feedback form see:

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

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

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

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

From authoritative sources

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

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

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

Rostrud

We formalize management decisions based on the results of certification

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

Attention

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

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

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

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

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

STEP 2. Depending on the employee’s decision:

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

We warn the manager

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

In case of absence from the company suitable vacancies you can immediately prepare documents for dismissal of an employee A clause 3, part 1, art. 81 Labor Code of the Russian Federation.

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

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

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

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

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

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

Employee certification as a process can be divided into three stages:
1. preparation of a local regulatory act;
2. carrying out certification;
3. implementation of the recommendations of the certification commission

Employee certification is in a good way identify the cause of production failures. Some employers use certification as a tool to fire workers due to reluctance to make reductions. But in this case there is a high risk that the employer’s actions will be challenged. The main task of certification is to comprehensively assess the skill level of each employee.

Workers not subject to certification

The following employees will not qualify for certification:
— pregnant workers and women with children under 3 years of age;
- single mothers, fathers, guardians and trustees of children under 14 years of age (disabled children under 18 years of age);
— employees are the sole breadwinners of disabled children under 18 years of age;
— workers are the only breadwinners for a child under 3 years of age in a family with three or more young children. Provided that the other parent (other representative) does not work under an employment contract;
— other categories of employees at the discretion of the employer.

Timeframe for certification

Periodic certification is carried out every 2 or 3 years. For newcomers without experience or workers after a long absence from work due to illness, maternity leave, etc., a six-month or one-year moratorium on certification is possible.

Extraordinary certification is carried out for persistent violators or employees who
re-certification is recommended by the certification commission.

Preparation of a local regulatory act on the certification procedure.

The employer is obliged to follow the Soviet act establishing the certification of workers, but only if he operates in the industry that is named in the normative act.

Certification of employees in a commercial organization should begin with the development of a local act. For some categories of workers, there are regulations governing this issue, but most commercial companies have the right to independently determine the procedure for assessing the qualifications of personnel (Part 2 of Article 81 of the Labor Code of the Russian Federation). In case of a dispute, the norms of the local act will be studied by the court, and if the actual progress of the certification coincides with the rules, established by the employer, then the employee’s accusations of violating the order are considered groundless. Of course, for this the employer must adhere to the norms of the internal act.

When developing a local act commercial organizations and enterprises in industry, construction, agriculture, transport and communications should adhere to the standards established by Decree of the USSR State Committee for Science and Technology No. 470, USSR State Labor Committee No. 267 of 10/05/1973 (hereinafter referred to as Resolution No. 470/267). Of course, if the department has not issued a modern regulatory act. Such employers should not arrange certification more often than once every 3 or 5 years; it is also dangerous to certify newcomers who have not worked in the company for one year. Otherwise, the risk of employees challenging the certification results increases.

Commercial companies that operate in areas not named in the said resolution do not have such a strict framework when developing certification regulations. These companies have the right to provide for any frequency and procedure for checking the qualifications of personnel

The employee will not be able to challenge the dismissal if the certification was carried out according to the current regulations in the company, and not on the basis of Resolution No. 470/No. 267.

For certain categories of employees, in a local act, the employer can set different certification periods (for example, for some - annually, for others - once every 2-3 years), since there is no prohibition in the law. However, you first need to evaluate the labor costs and understand whether it is really justified.

For certain categories of employees, the employer has the right to provide special deadlines for certification, for example, for newly hired employees. It is possible that they should first be given time to pass the test (3 months), adapt to the team (about six months) and only then include them in the certification schedule. Accuse newcomers of superficial knowledge of technology and production processes- the path to demotivation. On the other hand, when hiring a citizen who has experience in a given position, the employer has the right to demand from him a certain level of knowledge and skills, which means that certification immediately after hiring on an equal basis with other employees is completely justified. Regardless of which approach the employer chooses, the provision on a special period for certification of newcomers must be enshrined in a local act.

Procedure for certification

Local regulations are developed by specialized departments (accounting, economic planning department, personnel service, etc.), the provisions are agreed upon by interested managers and legal counsel, and approved by the head of the organization. The director's signature on the act confirms its legitimacy.

The regulations, rules and charters signed by the head of the company apply to employees of the head office, branches and representative offices. Since a single act does not always take into account the specifics of local work, there is a need for independent provisions on the certification of employees of separate structural units. In this case, the powers of the head of the structural unit or branch should be properly formalized.

When developing regulations on a branch and issuing a power of attorney for its director, it is advisable to clearly state the right of the head of a structural unit to approve local regulations, including regulations on personnel certification.

The presence or absence of the director’s authority to approve a local act that is valid only in this division is the goal of close attention of the courts. And if there were no such powers, then regardless of the correctness of the entire procedure, the employee will be reinstated.
During the certification, the following documents should be prepared:

1. Order to conduct certification
2. Certification schedule
3. Characteristics of the certified employee
4. Protocol of the certification commission
5. Attestation sheet
6. Order on the results of certification.

If an employee does not show up for certification, he can be subject to disciplinary action. However, it is impossible to dismiss an employee under clause 3, part 1, article 81 of the Labor Code of the Russian Federation. Some employees refuse certification, do not show up for inspection, or are significantly late for the inspection, despite timely notification of the date and time of its conduct. Such actions cannot be considered as a negative result of the certification and the employee’s qualifications cannot be recognized as insufficient. Moreover, there is no rush to dismiss him. In the event of a dispute, the employer will have to prove the certification and provide the court with documents with the conclusions of the certification commission on the employee’s business qualities (clause 31 of Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2; hereinafter referred to as Resolution No. 2). Without a protocol with comments from members of the certification commission about the employee’s inadequacy for the position held by the employer, the employer will lose.

The behavior of an employee who is late for certification or misses it must be qualified as a violation labor responsibilities and, in compliance with the procedure, bring him to disciplinary liability. The punishment will be justified if the company has local act, establishing the employer’s right to conduct certification and establishing the employee’s obligation to participate in it. The employee’s signature on the familiarization sheet will confirm knowledge of the inspection procedure, and in the order with the certification schedule - awareness of its deadlines and start time. A similar obligation must be enshrined in the employment contract or, more simply, in the job description. And, of course, the employee’s failure to appear for certification must be recorded in the protocol.

Without a local act and the established obligation of the employee to participate in certification, the court may recognize the refusal of verification as lawful. In addition, a penalty cannot be applied to an employee if failure to appear for certification is caused by good reason, confirmed, for example, sick leave or a certificate from a doctor confirming outpatient treatment. He will challenge this punishment in court.

Missing certification may become another reason for an extraordinary certification, which means that the violator of discipline will not be able to delay the qualification test for several years, until the next periodic certification.

Certification can be regular (periodic) or extraordinary. The possibility of carrying out an extraordinary certification depends on whether the employer has provided for it in the relevant provision. In a local act, you can limit yourself to a reference to the decision of the head of the company or include in it the specific reasons that caused the extraordinary certification. For example, failure to fulfill production tasks, failure to meet deadlines or stages of work, and reduction in product quality.

Often, employers use extraordinary certification as a second chance for employees who have shown low level qualifications at periodic inspection. This reason for certification also needs to be enshrined in a local act. The employer sets the deadline for it, depending on what shortcomings the employee needs to correct. The appointment of re-certification for such workers can be provided in a month or two.

Certification begins with an order from the manager. It sets out the certification schedule, the date of submission of documents for employee evaluation (including characteristics) and the composition of the certification commission (secretary, ordinary members and chairman).

In practice, many questions arise related to the work of the certification commission. For example, is it allowed to work on several specialized commissions, whose participants will be specialists in a specific topic (accounting, jurisprudence, personnel, etc.). Since this point is not regulated by law, the employer has the right to do what is more convenient for the company by enshrining such a possibility in a local act.

Need to determine high-quality composition certification commission, which will eliminate questions from workers about the competence of its members. Obviously, company employees who have work experience and practical skills in the relevant field will be able to evaluate the professionalism of an accountant or HR officer...

For companies with active trade unions, their representative is included in the commission (Part 3 of Article 82 of the Labor Code of the Russian Federation). If the employer has complied with this requirement, the employee will not be able to prove a violation of the procedure.

Another difficulty with certification commissions arises in legal entities, included in the holding. Deputy managers of the parent company often want to participate in the certification of key employees of subsidiaries.

To do this, the certification regulations must include a provision providing for the participation of independent experts in the certification commission. They are attracted in cases where the employer does not have enough own strength to assess the qualifications of an employee, for example, if he has a narrow specialization or a rare profession. The courts do not see violations of the law in such conditions. The rule on including representatives of other organizations as independent experts on the commission is established, in particular, for civil servants.
The local act must specify the conditions for the formation of a commission from employees of other organizations. The employer has two options: to conclude an employment or civil contract (contract, provision of services) with the expert. If the company chooses employment contract, then a representative of the parent company concludes fixed-term contract for the period of certification. Here you don’t even have to come up with a reason for temporary labor relations, it is enough to refer to part-time work (paragraph 11, part 2, article 59 of the Labor Code of the Russian Federation).

After registering a representative of the parent company as a member of the staff or concluding a civil contract, he is included by order into the certification commission.

It happens that a third party is allowed to participate in the certification informally. Despite the fact that neither his full name nor his signature will appear in the documents, this will give the certified employees the opportunity to challenge the commission’s decision, citing a violation of the certification procedure. Participation in a meeting of a person not mentioned in the order listing the members of the commission is a convenient reason to insist on his removal or demand that the certification be rescheduled.

Certification of employees is not a mandatory event; the employer has the right to use other tools to evaluate the qualifications of employees, but in this case the employee cannot be fired due to a lack of skills and knowledge.

In addition, an employer should be aware of the various consequences of not using performance appraisals. When the employee’s insufficient qualifications are revealed by certification, the employer will have legal grounds to dismiss him under clause 3, part 1, art. 81 Labor Code of the Russian Federation. Other measures to assess professionalism do not provide such a right. Based on its results, the employer will receive an understanding of the employee’s level of knowledge and skills, but he has no right to terminate the employment contract with him due to incompatibility with the position held. The impossibility of dismissal without certification is indicated in paragraph 31 of Resolution No. 2. If the dismissal takes place, the employer will have to prove that the measures were a certification that allows parting with the employee on the employer’s initiative.

To record the questions and answers of the employee being certified, it is necessary to use an attestation sheet.

Judicial practice allows us to say that in addition to the provisions on certification and the order on its appointment, the employer must have a certification schedule. If the certification schedule is approved by the order on its appointment, then there is no need to draw it up again. But it happens that in the order the manager indicates only the units being certified and the period of time during which the commission is to conduct the inspection. Then a schedule is necessary; in it, workers are assigned to specific dates. It would be a good idea to provide a separate column for employees to familiarize themselves with the schedule.

The specific date of certification is set by the employer. Any period can pass from the moment the employee familiarizes himself with the schedule before the start of the inspection, but it is most convenient to focus on the month period established by Resolution No. 470/267. The employer will have time to prepare materials for certification, and the employee will have time to prepare for the inspection.

Immediately before certification (2-3 days) you need to announce exact time and the number of the office where the check will take place. Information is posted in the public domain (bulletin board, corporate website) and delivered to each employee personally against signature.

The commission evaluates the employee’s professionalism based on materials prepared by the immediate supervisor and personnel department employees. The package of documents includes an employee profile describing specific work achievements (failures) with details of orders for rewards, penalties, and an attestation sheet from the last inspection. In addition, you will need copies of diplomas, certificates and other educational documents, an extract from the work record book (or certificate of experience), job description, letters and reviews from counterparties and clients, etc.

One or two weeks before certification, the employee is introduced to all documents against signature. If necessary, he will provide missing or contradictory information. In case of refusal, a document is drawn up that will help in court to refute the employee’s argument about misunderstanding important information.

The purpose of the certification sheet is to collect in one document all the information regarding the current certification for a specific employee. It will be kept in your personal file. The protocol of the certification commission is also suitable for these purposes, but if large number workers, the protocol will turn into a multi-page, difficult-to-read document. When developing your own form of certification sheet, you can take as a basis the form from Regulation No. 110, Resolution of the Board of the Pension Fund of the Russian Federation dated January 15, 2007 No. 5p. The form must provide lines for the signatures of the employee and members of the commission.

In the minutes of the meeting of the certification commission, the secretary records the main points of the certification and the decisions made for each employee separately. If at the same time certification sheets are kept, then a reference to them is made in the protocol. The main thing is to include in one of these documents information that allows you to evaluate the professionalism and qualifications of the employee. Without this, it will not be possible to prove the employee’s inadequacy for the position.

The forms of the protocol are given in the appendices to the orders of the Ministry of Justice of Russia dated 06.06.2005 No. 76, Rostechnadzor dated 01.29.2007 No. 37, State Fiscal Service of Russia dated 09.26.2014 No. 325. The employer can only modify them for himself and approve them by order or as an annex to a local act. Unlike the certification sheet, there is no need to familiarize the employee with the protocol, since it contains information about other employees. There is no point in accusing the employer of disclosing personal information. Moreover, the certification sheet contains more information and all members of the commission will also sign it.

The protocol indicates the number of votes “for” and “against” the employee. The required quorum depends on the conditions of the local act, but, as a rule, 2/3 of the votes of the total number of commission members is sufficient to make a final decision. Based on the results of the meeting, the commission will have to assess the employee’s qualifications and his suitability or non-compliance with the position held. It is important not to allow in the protocol, for example, the following phrases: “the employee is subject to dismissal,” “the commission decided to dismiss the employee.” The commission's task is to provide recommendations on the basis of which the manager will make the final decision.

Information from the protocol must be posted on the personal cards of the employees who participated in the certification. Section IV is intended for this purpose, in which a minimum of important information is indicated. There is no need to hand over certification documents to the employee, but if he requests a copy of the certification sheet or an extract from the protocol, then they must be issued (Article 62 of the Labor Code of the Russian Federation).

Implementation of proposals of the certification commission

The dismissal of an employee who has not passed the certification can be formalized no later than two months from the date of completion of the work of the certification commission.

An order from the head of the organization on the certification results is needed to record the employer’s decision on the future fate of the certified employees in the company. The protocol of the certification commission is indicated as the basis. There is no need to include the names of all certification participants in the order. The order must list those employees who, in the opinion of the commission, are worthy of promotion, who need to improve their performance, and who should be fired.

Some workers cope with assignments and tests, while receiving the minimum acceptable scores. Then the commission makes an assessment “corresponding to the position held, subject to improvement of work with re-certification.” The employer has the right to send employees to an educational institution for advanced training or organize it independently and check it again after studying.

The order must clearly express the will of the head of the company for each employee whose qualifications the commission recognized as insufficient for the position held. That is, the manager will have to indicate whether the employee will continue to work in the company or should be fired. Pregnant women, women with children under 3 years of age and other family members listed in Part 4 of Art. are excluded from this list. 261 Labor Code of the Russian Federation.

- the employee is suitable for the position held
- the employee corresponds to the position held and is worthy of promotion to a higher position;
- the employee corresponds to the position held, subject to improvement of work with re-certification
- the employee is not suitable for the position held.

The employer's next step is to offer the employee a vacant position (Part 3 of Article 81 of the Labor Code of the Russian Federation). Moreover, it is impossible to unilaterally transfer an employee without his consent (Part 1 of Article 72.1 of the Labor Code of the Russian Federation). Therefore, first, the terms of the new job are discussed verbally with the employee, and only if they agree to the transfer, an additional agreement and order are drawn up. In addition, you need to fill out a personal card and work book. The employee will undergo the next certification in a new position.

If the employee does not agree to the transfer, then his refusal must be recorded in writing. After this, a dismissal order is issued. The decision on the deadline for dismissal from the date of completion of certification should be enshrined in a local act. At the same time, it is worth stating that the specified period does not include the employee’s sickness and vacation time.

Upon dismissal under clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, comply with the procedure provided for in Art. 193 Labor Code of the Russian Federation (application disciplinary action, no need. A negative certification result is not an employee’s misconduct, but independent basis termination of an employment contract at the initiative of the employer. At the same time, it is important that the dismissal takes place on the employee’s working day, and not during vacation or illness.

Most typical mistakes employer when conducting certification of employees:
1. The company has not developed a local act regulating certification
2. The employer violated the deadline for notifying employees about certification
3. The commission entered into the protocol the employee’s incorrect answers
4.The manager decided to fire the employee only on the basis of negative reviews.
The above errors should be noted Special attention employers, as well as employees in the event of a legal dispute.

What is professional suitability, how the professional suitability of applicants and working employees is checked, when a medical certificate confirming professional suitability is required - this is discussed in the article.

From the article you will learn:

What is professional suitability

Professional suitability is a combination of psychophysiological and psychophysical qualities, knowledge, abilities, and skills that will be required to achieve appropriate labor efficiency. Professional suitability is formed in the process of work, and is not an innate quality. Talk about the future professional suitability of applicants for certain types profession is irrational. IN general concept definitions include job satisfaction, evaluation of results the activity itself.

The description of the professional qualities of a specialist in a particular field of activity contains the necessary set:

values ​​and principles;

psychological level;

psychophysical and physical qualities, which in their totality determine the degree and category of professional suitability.

It is worth noting that in any field of activity there are brilliant specialists who fully correspond to the descriptions of ideal professionals.

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Assessment of professional suitability criteria based on results

Based on this, professional suitability is determined. But this test does not take into account the question of the price of success. This can be seen in the example of the composer Beethoven, who wrote beautiful classical music. At the same time, the composer completely lost his hearing, which is necessary for a musician. Other mechanisms helped completely compensate for this.

According to the laws of compensation, the psychophysical properties of a person are arranged in such a way that certain conditions some functions completely replace others. But this requires a strong desire and will to help achieve success. Professional suitability is achieved by activating the corresponding qualities and the ability to compensate for them with other mechanisms. Success depends on how strong the desire to spend a large amount of effort and time is. to achieve meaningful results.

Universal qualities of professional suitability development

Intelligence is one of the universal qualities that helps develop abilities, master abilities, and skills. It is intellectual abilities that make it possible to compensate for many missing mechanisms.
Often intellectually developed people forced to engage in activities unrelated to their main profession. But they quickly find ways to improve the basic methods of action and, due to this, succeed in any type of professional activity.

For example, if it is necessary to remember a large amount of information, functional and convenient systems storage Flexibility, the ability to quickly master new types of activities, and openness are important professional qualities that help one get accustomed to any profession and meet all the parameters of professional suitability that characterize high-class specialists. The main professionally important qualities include interest in one’s work, passion, motivation and desire to learn new skills, abilities, and obtain the necessary knowledge aimed at improving professional qualities.

How the professional suitability of applicants and working employees is checked

Aptitude test for initial stage personnel selection. Most HR specialists, when searching for candidates for a position, draw up a list of requirements that a future candidate must have. Keeping in touch with relevant educational institutions, you can immediately get acquainted with the personal qualities of students and determine whether they are suitable for open vacancies or not. When using the services of agencies, labor exchanges, and external sources, it is enough to correctly compose an advertisement and indicate in it the basic requirements that are presented to applicants.

At the next stage we study applicant's application form, which provides information about the level of education, work experience, professional training, and qualifications. Preliminary selection is carried out on the basis of a questionnaire, when the recruiting manager weeds out those who do not meet the basic requirements for professional suitability or professional qualities.

Preliminary interviews are conducted with candidates who have passed the initial selection. The purpose of the interview is to determine the personal qualities of applicants who have passed preliminary selection based on assessment sheets, questionnaires and review of resumes. It is worth considering that the level of professional suitability of most professions directly depends on personal qualities candidates. For example, if you have to communicate with clients, it is irrational to determine professional suitability only by level of education, experience, and qualifications. If the personal qualities of the applicant do not correspond to the degree of professional suitability, there is no need to talk about successful work activity.

The second interview is conducted with candidates who have passed all stages of selection. The HR specialist conducts such an interview together with line managers.

Professional suitability is also determined by methods such as scoring of key criteria:

1. suitability for the position;
2. determination;
3. experience;
4. competencies;
5. qualifications.

Methods such as: role-playing games, testing, professional tests. It is rational to carry out an examination of the professional suitability of candidates for a position using complex methods that are developed taking into account the specifics of the activities of the relevant enterprise.

Aptitude tests were developed by specialists and allow you to determine:

1. knowledge level;
2. understanding of technological and production processes;
3. knowledge of special terminology;
4. relevant requirements for a specific position.

Exam for professional suitability of working specialists

Certification of working specialists is an assessment system in accordance with specified criteria. A variety of techniques can be used. Employees' qualification level is checked for the position they occupy.

The professional aptitude exam is conducted by a certification commission in accordance with methods developed taking into account the specifics of the relevant industry. A certain scheme for carrying out certification and the frequency of such work is fixed by the internal regulations of the enterprise.

To obtain objective results, they clearly define standards and develop forms and methods for assessing working specialists. At the end of the probationary period, all new specialists undergo initial certification. They check the compliance of job skills and the level of adaptation in the new workplace.

The professional suitability group is determined for employees:

1. performing duties in dangerous and harmful production conditions;
2. those employed in underground work;
3. related to traffic;
4. food industry, trade, catering;
5. children's and preventive institutions;
6. water supply networks;
7. departmental security;
8. public utility enterprises;
9. hairdressers, etc.

Chemical and toxicological studies are carried out for certain categories of personnel based on the requirements federal laws, other regulations. Aviation personnel specialists, military personnel serving under contract, and crew members are subject to such inspections. sea ​​vessels, employees associated with train traffic, etc.

Any enterprise strives to develop not only its business, connections, partnerships, but also to exercise appropriate control over employees. After all, they are often the face of the company. Therefore, special checks are carried out, so called « certification employees on correspondence occupied positions» . This is necessary in order to reward the best and motivate less successful employees. And in some cases, make rational personnel changes.

How to prepare for the test, who should take it, we will consider these questions in this article.

What it is?

Certification of employees for suitability for the position held is a necessary and mandatory procedure, according to Labor legislation. However, in government institutions it is mandatory, and in private ones it is carried out at the request of the employers themselves, depending on what goals and objectives are being pursued. This is a very important event in the framework of human resources work. It shows whether the employee is professionally suitable and whether he corresponds to the position he occupies.

Who should be certified?

This check is provided for workers in the scientific field, workers in the educational sector - for example, for teachers. Those who work in science undergo this procedure at least once every few years. At the same time, no more than once every two years. Teachers undergo certification once every 5 years. In addition, certification of employees for compliance with the position held is necessary to streamline the activities of the organization. Directly concerns the one that is unsafe. So, check pass following categories:

• employees ensuring the safety of the transport system
• civil servants
• those who are responsible for the location, securing of cargo on railway transport, as well as their loading and unloading. Those workers whose activities are related to the movement of trains on railway tracks
• people who work in industry and are responsible for industrial safety
• people who run unitary institutions. Certification for these persons takes place once every three years
• as well as categories of persons defined by legislative acts. These include such specialties as firefighters, rescuers, prosecutors, and aviators.

Persons working in the economy are also checked. Including dispatchers working in the electric power industry; responsible for safe navigation; workers harmful production; those who operate in places where chemical weapons are stored and destroyed; aviation personnel; workers associated with the source ionizing radiation; library staff; space environment personnel.

These are the main groups of people who are subject to certification. For others there is no strict order.

Legal regulation of the procedure

In today's progressive society, relationships between employees and managers have become colder and harsher. In most cases, employers try to maximize the potential of their staff. Therefore certification is necessary. She allows identify skills workers, which Maybe, hiding. Or vice versa, show inconsistency his positions. After all, the success and profitability of a company often depends on its employees. Certification is a legal type of verification. The assessment is carried out by a specially appointed commission.

Previously, they said that bosses and their subordinates lack competence, culture and stress resistance. Therefore, this became a kind of brake economic sphere. Nowadays, demands have increased. Therefore, certification has moved to a completely different stage. The legislation has expanded the circle of persons who are subject to such control.

The evaluation commission must include a representative of the Primary trade union organization.

Presence commissions speaks O democracy V labor law. All participants in this procedure are notified in advance and are also introduced to the timing and rules of its implementation. Objectivity is ensured by the composition of the commission, which is competent in a particular area. Discrimination is not permitted.

In its turn , Not pass mandatory certification:

• persons who have recently taken up their position and their term of work is up to a year
• pregnant women. Because even if women do not pass certification, they cannot be fired, according to the Labor Code of the Russian Federation (LC)
• women with children up to three years, or those who are on maternity leave. In this case, certification is carried out no earlier than one year after the end of the restrictions.
• employees working part-time;
• signed under a fixed-term employment contract;
• those who have undergone retraining;
• appointed on a competitive basis during the year;
• Young professionals

Therefore, before you begin preparing for employee certification, it is necessary to divide who is subject to it and who is not. It is imperative to define approaches and collect materials, outline the rules and principles of certification. Such a legal framework will provide legal guarantees for employees with employers.

Stages of personnel assessment

How certification should be carried out is specified in departmental and regulatory acts. Ordinary employers can draw up the order individually.

Certification passes By one system. A looks she like this way

First stage. A commission is created based on the order or instruction of the director. The composition must be agreed with the Trade Union.

It is important to remember that if there is a Trade Union organization at the enterprise, then at least one of its representatives must be on the commission.

On second stage the manager must issue an order to conduct certification and notify employees about it.

Further necessary define methods And ways carrying out certification. Evaluation criteria and tasks should be thought out to check the level of training of employees. And also determine in what sequence the assessment will take place and what will be included in the list of tasks. It is necessary to inform employees about this before starting to relieve stress and make the procedure clear and as transparent as possible for them.

On penultimate stage are summed up results. The results are recorded in the protocol, the evaluation commission must sign the protocol. After this, the document is presented to employees for review; they can express disagreement and challenge the results. When everything is ready, the commission has recorded that no violations have been identified, and the document is submitted for signature by the director.

Final stage – Adoption solutions By results certification O: appointment of new management, dismissal, salary increase, retraining, and so on. Employees must be familiar with the results and decisions made

Required documents

It is necessary to make Position O carrying out certification. The terms of certification must be specified in the Regulations. It is best to schedule a check period from three months before six months. Also For this procedures will be needed following documentation:

• Personnel certification schedule
• Attestation sheets filled out by an employee
• Attestation sheet for the manager
• Feedback from your immediate supervisor
• Employee's report on the work done between the certification period
• Commission decision
• Protocol

On almost every document, the employee must sign that he has read and agrees.

After the procedure, the commission must submit a report on this. There should be a discussion about how many employees correspond to their position and how many are not.

Based on this document, the decision of the commission, a protocol is drawn up, which reports the results of the certification

After this, a conclusion is written for the employees and a decision is made on their future fate.

Increases the chance of passing certification well visit specialized trainings, lectures, seminars. This is relevant for those enterprises where they save on employees. For example, one specialist performs different types of work while receiving only one salary. Of course, specialized seminars will help specialists cope with certification better.

In addition, you can engage in self-education. Explore aspects of the profession that you had not previously noticed. If the employee is ready, certification will happen quickly for him . Procedure lasts approximately, near hours. So that the certification brings maximum benefit, follow the advice of psychologists:

• Notworry. No one will deliberately “fail” you. Perhaps, thanks to this certification, your salary will be increased;
• youcan be noted among colleagues. You will be able to prove yourself during the certification;
• Notthink bad, especially do not allow yourself to think that you are not valued;
• Certification is carried out to improve the company's performance, not to fire you
• tune infor this procedure. Remember your positive qualities, achievements in work
• if you did not pass the certification at the level you expected, dont be upset. Let this experience become useful for you in the future, and let the certification serve as motivation for training and retraining.

The inadequacy of an employee for the position held or the work performed due to insufficient qualifications is one of the grounds for termination of an employment contract at the initiative of the employer. The right way identify unqualified personnel - conduct certification.

In labor law, qualification is understood as the level of preparedness, skill, degree of suitability for performing work in a certain specialty or position, determined by rank, class, rank and other qualification categories. In turn, lack of qualifications is a discrepancy between the professional training of an employee and his position.

According to the Labor Code, insufficient qualifications of an employee is one of the grounds for termination of an employment contract at the initiative of the employer (clause 3 of Article 81 of the Labor Code of the Russian Federation).

However, an employee can be dismissed only if he cannot be transferred to another job that corresponds to his qualifications - for example, to a vacant lower position or a lower paid job that the employee is able to perform taking into account his state of health. Moreover, the transfer of an employee is possible with his written consent. The letter of Rostrud dated April 30, 2008 No. 1028-s also states that it is possible to dismiss an employee for incompatibility with the position held or the work performed due to insufficient qualifications only after certification. The Labor Code does not provide otherwise.

To avoid possible misunderstandings, it is necessary to include a clause in the employment contract with the employee regarding the obligation to undergo certification.

Aptitude test
Certification is a test of the professional knowledge and business qualities of an employee. It is carried out by the employer in order to determine the employee’s qualification level and his suitability for the position held.

The Labor Code does not limit the range of employees subject to certification. However, the company can exempt their individual categories from it. It is advisable to fix the list of persons who are and are not subject to certification in local regulations. For example, persons may be exempt from it probation which had not yet expired at the time of certification, graduates educational institutions primary, secondary and higher vocational education those working for the first year at the company, pregnant women, people employed in unskilled jobs, and others. Such guarantees are provided for in paragraph 4 of the Decree of the State Committee for Science and Technology of the USSR and the State Committee for Labor of the USSR dated October 5, 1973 No. 470/267 (hereinafter referred to as Resolution No. 470/267). In addition, it is also recommended to include a clause on the obligation to undergo certification in the employment contract with the employee.

The organization independently determines the frequency of certification. It may differ for different categories of workers. On average, certification must take place once every three to five years (clause 4 of resolution No. 470/267).

The company also determines its duration independently, based on the number of certified employees and other factors. A period of three to six months is considered optimal.

Certification can be carried out in the form of written testing, an interview, a written exam, a practical lesson, making a sample, etc., depending on the specifics of the profession of the person being certified. For employees whose job functions do not require special knowledge or training, certification is not carried out.

Step-by-step preparation for certification
Goals and objectives. First, decide what the goals of certification are at your enterprise. It may be conducted to identify training needs, improve current performance, plan future recruitment for moves within the organization, and gather information needed for promotion decisions.

But dismissal of employees cannot be the purpose of certification. Its main task is to update personnel policy, which benefits both the company itself and each of its employees.

Regulations on certification. The Labor Code does not contain recommendations for the development of Certification Regulations. We advise you to use the provisions of Decree No. 470/267.

The certification regulations must be approved by the head of the organization. The accepted document must be familiarized with signature to all working employees and each newly hired employee (Part 3 of Article 68 of the Labor Code of the Russian Federation).

Decor. The head of the organization decides to conduct certification and issues an appropriate order. The decision must include the following information:
- timing and place of certification;
- circle of employees subject to certification;
- composition of the certification commission;
- grounds for certification (if it is extraordinary);
- the procedure for processing its results.

It is advisable to set out the responsibilities of employees and the deadlines for preparing documents in the order for certification. In addition, it is necessary to establish a procedure for preparing and submitting to the certification commission information about which employees improved their qualifications and when, certification sheets for previous certification, reviews from clients and colleagues, and other necessary information.

Certifying commission. Its composition can be anything. Typically it includes department heads and a human resources officer. If the organization has a trade union, then, according to Part 3 of Article 82 of the Labor Code, its representative must be a member of the commission. If desired, you can also include independent experts.

Certification schedule. It contains the following information:
- name of the department whose employees are being certified;
- list of employees subject to certification (their names and positions);
- date, time and place of certification;
- date of submission of the necessary documents to the certification commission, indicating the heads of the relevant departments responsible for this;
- positions and names of employees responsible for training those being certified.

It is necessary to inform about the timing and schedule of certification at least one month before its start (clause 4 of resolution No. 470/267). The employee should be familiarized with the review (characteristic) submitted to him no later than one week in advance (clause 6 of resolution No. 470/267).

Carrying out certification.

Progress of the meeting and decisions made reflected in the minutes kept by the secretary of the commission. It is recommended to record the name of the organization and the date of certification, the list of commission members present, the names of the heads of departments in which the certified persons work, and other invitees, indicating the position and place of work (for third-party organizations).

Next, the surname, position and place of work (department) of the certified person are reflected, questions asked and brief answers to them, proposals and recommendations made by members of the commission on the candidate’s candidacy, assessment of his activities, voting results (number of votes “for” and “against”).

The minutes of the meeting of the certification commission are signed by the chairman, secretary and members of the commission. It is kept in the employee's file. When conducting testing, the protocol must indicate its results and attach tests with the responses of the person being certified.

A decision on the employee’s suitability or inadequacy for the position held. Based on the results of certification, it is issued by a commission.

As a rule, the Certification Regulations provide the following types decisions of the certification commission:
- the employee corresponds to the position held;
- the employee is not suitable for the position held;
- the employee is suitable for the position held, subject to the recommendations of the certification commission;
- the employee corresponds to the position held and is recommended for transfer to another higher or higher paid position.

The certification commission can also be authorized to make recommendations on rewarding workers for the successes they have achieved, on changing their working conditions, on improving their qualifications, etc.

The decision made by the commission is reflected in the certification sheet, which should be familiarized with the employee against signature. At the same time, he should be given the opportunity to express his opinion on the results of the certification and appeal them if he does not agree with the conclusions of the commission. In addition, information about the results of the certification carried out is entered into section IV of the employee’s personal card in form No. T-2 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

Upon completion of certification, all materials must be transferred to the head of the organization within the time limits established by the Regulations on certification. He makes one of the following decisions:
- maintain the terms of the employment contract;
- maintain the terms of the employment contract and stimulate the employee;
- maintain the terms of the employment contract with the imposition of additional duties on the employee - eliminate the comments of the certification commission and undergo re-certification within a year from the date of the decision;
- change the content of the employment contract regarding the employee’s labor function;
- terminate the employment contract under clause 3 of part 1 of Article 81 of the Labor Code.

In addition, based on the decision prepared by the certification commission, the manager issues an order on measures based on the results of the certification. It analyzes the results, approves measures to improve work with personnel, to implement the recommendations of the certification commission, as well as to conduct the next certification.

Paragraph 12 of Resolution No. 470/267 states that the manager can make a decision to transfer an employee who, based on the results of certification, is not suitable for the position held, to another job with his consent within no more than two months from the date of certification. If the employee cannot be transferred to another position, the head of the organization may terminate the employment contract with him within the same period.

This is the procedure for conducting personnel certification. If the employer violated the procedure for conducting it, established by regulatory legal or local regulations, this is the basis for reinstating the employee who was dismissed as a result of it.

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