08.07.2015 22:05
On January 1, 2015, amendments to the Code of Administrative Offenses of the Russian Federation came into force, toughening the responsibility of the employer for violation labor law. Namely, a new version of Article 5.27 of the Code of Administrative Offenses of the Russian Federation came into force, in clause 3 of which it is said that evasion of registration or improper execution of an employment contract, as well as the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer, entails imposition of an administrative fine. Yes, for officials the fine is set in the amount of 10,000 to 20,000 rubles; for persons carrying out entrepreneurial activity without forming a legal entity, - from 5,000 to 10,000 rubles; for legal entities - from 50,000 to 100,000 rubles.
Please note: if the inspector asks you for, for example, 15 employment contracts and all of them are recognized as improperly executed, then the fine will have to be paid for each contract. That is why it is time to figure out if you have any errors in your employment contracts.
The procedure for hiring
1. Check that you have all the required documents.
Article 65 of the Labor Code lists all Required documents, which, when concluding an employment contract, is presented to the employer by a person entering work:
Passport or other identity document;
Work book (exceptions are cases when an employment contract is concluded for the first time or a person goes to work on a part-time job);
Insurance certificate of state pension insurance;
Documents of military registration - for persons liable for military service and persons subject to conscription for military service;
A document on education and (or) on qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;
Certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds (when implementing certain types activities).
There are times when an employee's passport is being reissued. Most likely, he has a certificate in his hands, which is issued according to the administrative regulations of the FMS. However, according to the certificate, it is impossible to hire a person, since it is not an identity document. A temporary ID will be required for employment.
If a person has lost work book, but wants information about the length of service to be included in a new work book, he can contact the employer at the last place of work to issue a duplicate.
Another option is explained in Article 65 of the Labor Code: “If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application from this person (indicating the reason for the absence of a work book), to issue a new workbook."
Disputes arise over military registration documents: is it possible to refuse employment in case of their absence? Someone thinks that - yes, it is necessary to refuse, since military registration documents are in the list of documents listed in Article 65 of the Labor Code. But there are those who believe that these documents are named only so that employers can keep military records at the place of work. At the same time, it should be borne in mind that by refusing to hire a person in writing with reference to the lack of military registration documents, if the case goes to court, you will not be able to explain how their absence affected the impossibility of the employee to perform the labor function.
In 2015, Article 5.27.1 appeared in the Code of Administrative Offenses, which provides for administrative responsibility for admitting an employee without conducting preliminary medical examinations. The amount of the fine is up to 130,000 rubles. for each such admitted worker. The categories of workers for whom it is imperative to check the availability of mandatory preliminary medical examinations are indicated in Article 213 of the Labor Code. Order of the Ministry of Health and Social Development No. 302n approves the list of harmful and (or) dangerous production factors and a list of works in which mandatory preliminary and periodic medical examinations of employees are carried out.
2. Before signing the employment contract, familiarize the employee against signature with the internal labor regulations and local regulations directly related to his work activity, as well as the collective agreement (Article 68 of the Labor Code).
The painting must be under each normative act.
3. Pay attention to the terms of the employment contract. When drawing up an employment contract, check all the mandatory information and conditions that need to be entered into it.
If any mandatory mixing from Article 57 of the Labor Code is absent in employment contract, then you need to make an addition. The missing information is entered directly into the text of the employment contract. As for the missing conditions, they are determined by the appendix to the employment contract or by a separate agreement of the parties concluded in writing which are an integral part of the employment contract.
If your company employs drivers, couriers, freight forwarders, you must not forget to indicate nature of work in an employment contract (mobile, traveling, on the road, other nature of work).
Important condition - working hours. According to Article 57 of the Labor Code, the mode of working time and rest time is indicated if for this employee it is different from general rules operating at this employer.
If a person works part-time for you and an employment contract is concluded with him, then you are obliged to prescribe the working hours in the employment contract (Article 284 of the Labor Code).
Make sure that in each employment contract it is named exactly place of work. According to Article 209 of the Labor Code " workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer. legal definition there is no concept of “place of work” in the Labor Code. However, Article 57 of the Labor Code states that the employer must indicate a separate structural unit. For correct design include the name of the organization and location.
pay attention to start date. If you are entering into a fixed-term employment contract with an employee, make sure that:
You had the right to conclude it (Article 59 of the Labor Code). Even if you conclude a fixed-term employment contract in a case not provided for by law, the terms of its urgency will not have any legal force. And if after the termination labor relations in connection with the expiration of the employment contract, the employee will go to court, then he will be reinstated at work. The court will be interested in evidence that the employer had the right to conclude a fixed-term employment contract, which you this case cannot provide;
The term of the employment contract is prescribed - by the date or time of the occurrence of the event (for example, “until the absent employee leaves”);
The reasons for the circumstances for concluding a fixed-term employment contract are spelled out.
Required condition - salary. It is important that in each employment contract the size of the tariff rate or salary is indicated, and not just written "salary according to the staffing table." If there are any additional payments, allowances, do not forget to list them in the employment contract.
Also pay attention to working conditions at work. In accordance with Article 209 of the Labor Code, working conditions at the workplace are a combination of factors in the working environment and the labor process that affect the performance and health of an employee. Since January 1, 2014, this condition has become mandatory for inclusion in the employment contract. Some employers who have not carried out certification of workplaces and special assessments are scratching their heads - how to include this condition in an employment contract? Federal Law No. 426-FZ specifies four classes of working conditions: optimal, permissible, harmful and dangerous. You can understand what working conditions you have at the workplace for inclusion in an employment contract only based on the results of certification (if its validity period has not yet expired) or a special assessment of labor. The wording can be peeped in the special assessment card (or the job attestation card) and rewrite the relevant factors in the employment contract. It is true if you wrote down working conditions something like this: “working conditions are optimal based on the special assessment report from such and such a date.”
4. On the basis of the concluded employment contract, issue an order for employment.
In this case, you need to carefully check that the content of the order complies with the terms of the employment contract (Article 68 of the Labor Code). With the order on hiring an employee must be familiarized against signature within three days from the date of the actual start of work.
5. Make an entry in the work book.
According to Article 66 of the Labor Code, an employer (with the exception of employers - individuals who are not individual entrepreneurs) keeps work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. Therefore, having accepted a work book from an employee, enter it in the book of accounting for the movement of work books and wait five days. On the 6-7th day, make a record of employment in the work book with a pen. It will be necessary to indicate exactly the date of employment, it is in the order for employment and the employment contract.
If a person quits during these five days, no entries are made in the work book.
6. Don't forget your personal T-2 card.
First, it is important that there is a personal card. Secondly, with each entry made in the work book about the work performed, transfer to another permanent job and dismissal, the employer is obliged to acquaint its owner against signature in his personal card, in which the entry made in the work book is repeated (clause 12 of the Decree of the Government of the Russian Federation dated 16.04.2003 No. 225 “On work books”).
Copying and any processing of materials from the site site is prohibited
The teacher is very kind and prestigious profession in RF. But, unfortunately, the work of a teacher in a school is not highly paid. Due to low wages, the work of a teacher has become not only prestigious, but also in great demand in the vastness of the Russian Federation. Many teachers prefer to leave to work in other countries, and only a small number of teachers remain to work in their home country. In the ranking, the teacher's salary remains in the tail.
Becoming a teacher is not for everyone. This is a difficult profession that requires patience, endurance and love for children. Therefore, the main part of the teachers of the Russian Federation work not because of financial gain, but by vocation. They get moral pleasure from communication and work with children. The peculiarity of the teacher's work is that the teacher must find mutual language with children, try to rally the class, make them friendly, and at the same time, the academic performance of schoolchildren should grow.
Many graduates of pedagogical universities, after completing their studies, express a desire to work at a school. There are several ways to get a job as a teacher at a school:
- Already in the 2nd or 3rd year, young teachers have practical training in schools. If a future teacher establishes himself as a sociable and qualified employee, then he has every chance to stay to work at the school where he did his internship. The teacher will need to show all his skills and abilities in order to earn the trust of the teaching staff.
- Employment of teachers in schools is carried out by local educational authorities (GORONO - the city department of public education and science). A future teacher, if he wants to get a job, can come to such an organization and find out about the availability of vacancies. It is worth coming no later than May-June. During these months, the teaching staff is recruited.
- Find out about vacancies at schools on your own. It is worth remembering that a positive reference from the place of practice will only increase the chances of a future teacher to get a job at a school. Therefore, in practice, do not neglect the advice of "senior" teachers.
- You can find a job as a teacher at a school on the Internet. There are many job search websites. On the site, go to the "Education" section, and the portal will automatically issue vacancies for various educational institutions of the selected city.
One of the most famous job search portals in Russia is Trudvsem.ru. The site contains a nationwide database of vacancies. It is necessary to enter the requirements of the future teacher in terms of salary, region and work schedule, and after that it is worth choosing the field of activity "Education, Science".
Main page of the site "Work for everyone"
- One of the most simple ways to get a job at school is to apply to the home school you graduated from. If the teacher during the training found a common language with the teaching staff and established himself as a responsible person, then if free places, the specialist, most likely, will be able to get a job.
Many ambitious people who want to devote their lives to teaching are interested in the question of whether it is possible to get a job at school as a teacher without specialized education. Unfortunately this is not possible. A person needs to finish at least College of Education or lyceum. But with such an education, he can only become a teacher. primary school. In order to teach in high school, you will need to graduate from a higher educational institution with a pedagogical focus.
In rare cases, you can get a job at a school without a specialized education. But for this, a person must thoroughly possess the knowledge that he wants to teach children. Employment decisions are made by the school administration.
In order to get a job at a school, it is not at all necessary to have work experience. Specialists without work experience are accepted in both municipal and private schools.
To increase the chances of employment, it is worth looking for work in areas where the percentage of demand for teachers is higher. In 2018-2019, the areas most in need of teachers are:
- Moscow region.
- Krasnoyarsk region.
- Krasnodar region.
- Leningrad region.
- Novosibirsk region.
- Sverdlovsk region.
- Volgograd region.
- Omsk region.
- Rostov region.
Highly importance When applying for a job, a well-written resume plays a role. The resume contains information such as:
- Personal data.
- Work experience.
- Education.
- Category.
- Qualification.
- Contact Information.
- Personal qualities.
- Discharge.
If a person already had work experience at school, then the duties performed at the previous place of employment are additionally included in the resume.
This information will help the school administration understand how qualified the employee is and what obligations can be assigned to him.
If the school administration is satisfied with the candidacy of the teacher, then an order for employment is issued. The order is drawn up by an employee of the personnel service. If one person is hired, then an order is drawn up in the form No. T-1. If two or more people get a job, then the personnel officer draws up an order in the form No. T-1a.
The order contains the following information:
- School name.
- Document number and date.
- Employment date.
- End date of the employment contract.
- Personnel Number.
- Full Name.
- Structural subdivision.
- Job title.
- Terms of employment.
- The nature of the work.
- Salary and allowance for overtime work.
- Grounds for employment.
The order is signed by the principal of the school and the teacher.
If the basis for employment is not an employment contract, then the teacher is obliged to write and sign an application for employment.
Application for a job
To conclude an employment contract, the teacher must provide the school administration with a package of documents:
- the passport,
- employment history,
- education document,
- a personal medical certificate indicating that the teacher has no health restrictions for working at school.
It is worth noting that the first year of work at school is not easy. During this period, the teacher gets to know the children, exchanges experience and forms of work with other young teachers.
Adaptation of work at school on average takes from 6 months to 2 years.
Requirements for teachers
The main requirement for teachers of various specialties is compliance with GEF standards(Federal State Educational Standard).
The GEF clearly spells out the personal qualities of schoolchildren, which it is the teacher who should help form. The Federal State Educational Standard indicates the main educational program, the workload in certain subjects. Also, it is in the Federal State Educational Standard that the main disciplines for studying are indicated.
According to GEF teacher elementary school and senior classes should have the following abilities:
- Organizational skills are the ability to rally students.
- Didactic ability is the ability to prepare educational material.
- Receptive abilities are the ability to identify the characteristics of the psyche of schoolchildren.
- Communication skills are the ability to establish contact with children.
- Suggestive. Abilities are the ability to emotionally influence a student.
Teacher Responsibilities
Main responsibilities of a teacher in a school:
- Control of the presence of notebooks in students.
- Checking notebooks.
- Order compliance control.
- Grading in class journal.
- Teaching a subject in your specialty (lesson management).
- The ability to find individual approach to every student.
- Drawing up calendar plans.
- Making report.
- Training visual aid for the lesson.
- Participation in the meeting of the pedagogical council.
- Conducting parent meetings.
- Carrying out educational work.
- Organization of extracurricular activities.
Advantages and disadvantages of being a teacher
Like every profession, teaching profession has its own advantages and disadvantages:
Advantages:
- Creative work.
- Systematic development of the teacher.
- Opportunity to work as a tutor.
- Schedule. Often teachers work only in the morning.
- Vacation 2 months.
- Opportunity for career growth.
Flaws:
- Small salary.
- profession associated with nervous tension. Because of this, teachers often have health problems.
- Strict dress code. The teacher is a role model for students. Therefore, the teacher is forced to dress strictly and in a business style for work.
For comparison, here is a video about working in a US school. fundamentally different from ours.
Salary by profession
It is worth noting that the salary of a teacher depends not only on the number of hours worked and qualifications, but also on specialization in the subject:
- A Spanish teacher earns from 45 thousand rubles a month.
- An economics teacher earns about 45,000 rubles.
- The teacher rightfully receives from 40 thousand rubles.
- Teacher of English language receives from 15 thousand. If the teacher foreign language gets a job in a private school, then his salary will range from 30 to 60 thousand, depending on the level of prestige of the school.
- A vocal teacher earns an average of 34 thousand rubles a month.
- Physics teacher earns from 30 thousand rubles.
- teacher Japanese language receives from 26 thousand.
- A teacher of labor receives an average of 20 thousand rubles a month.
- Primary school teacher earns from 23 thousand rubles.
- Teacher of French gets about 22k.
- A mathematics teacher earns from 21 thousand rubles a month.
- A teacher of Chinese can count on a salary of 20 thousand rubles.
- The teacher of the Russian language receives from 20 thousand rubles.
Salary by region
The level of the average salary of a teacher directly depends on the region in which he carries out his labor activity.
| City or county | Medium wage(expressed in rubles) |
| Yamal-Nenets | 77 000 |
| Chukchi | 75 400 |
| Deutsch | 65 370 |
| Khanty-Mansiysk | 56 900 |
| Kamchatka | 52 300 |
| Magadan | 58 800 |
| Yakutia | 49 140 |
| Moscow | 58 800 |
| Sakhalin | 53 300 |
| Komi | 39 460 |
| Khabarovsk | 34 900 |
| Tyumen | 33 700 |
| Krasnoyarsk | 33 500 |
| St. Petersburg | 39 000 |
| Arkhangelsk | 32 600 |
| Sverdlovsk | 29 000 |
| Karelia | 29 000 |
| Irkutsk | 30 700 |
| Tatarstan | 27 200 |
| Buryatia | 27 000 |
| Nizhny Novgorod | 24 800 |
| Yaroslavl | 24 300 |
| Tuva | 27 400 |
| Vologda | 26 000 |
| Omsk | 25 580 |
| Kemerovo | 26 140 |
| Permian | 26 230 |
| Tomsk | 31 400 |
| Ryazan | 23 000 |
| Samara | 24 930 |
| Novosibirsk | 26 120 |
| Rostov | 22 600 |
| Chelyabinsk | 27 000 |
| Kaliningrad | 26 000 |
| Lipetsk | 22 300 |
| Smolensk | 21 600 |
| Kaluga | 27 000 |
| Stavropol | 21 500 |
| Vladimir | 21 800 |
| Altai | 22 000 |
| Orenburg | 22 900 |
| Voronezh | 23 000 |
| Volgograd | 22 900 |
| Astrakhan | 23 600 |
| Tver | 23 820 |
| Ulyanovsk | 20 300 |
| Ingushetia | 21 170 |
| Novgorod | 24 280 |
| Adygea | 20 170 |
| Pskov | 20 300 |
| Bashkortostan | 23 500 |
| Eagle | 20 000 |
| Tambov | 19 600 |
| Bryansk | 20 200 |
| Belgorod | 22 900 |
| Kalmykia | 19 000 |
| Kirov | 20 260 |
| Mound | 20 180 |
| Kursk | 22 000 |
| Penza | 21 450 |
| Saratov | 21 280 |
| Ossetia | 19 800 |
| Kostroma | 20 260 |
| Mordovia | 18 700 |
| Dagestan | 18 500 |
can we apply for an employee without education (after school, a student in the 1st year of customs) for the position of assistant accountant?
the presence of a specific education, confirmed by a diploma, is mandatory for admission medical workers, teachers, civil servants.
When hiring an employee for this position, as a rule, it is important to have higher education, indicating the level of knowledge, but not necessarily. As a rule, the list of duties of an employee, as well as the requirements for the level of education, are prescribed in the job description, which, in turn, is compiled on the basis of the Unified Qualification Directory for the positions of managers, specialists and employees.
It is the right of your organization to accept an employee without special education for the position of assistant accountant, but this employee must meet the requirements that are inherent in this qualification.
The rationale for this position is given below in the materials of the System Glavbukh.
Denial of employment
You can refuse on such grounds as unsuitable education, insufficient work experience, lack of the necessary profession, qualifications, medical contraindications (paragraph 10 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). * A candidate who was not hired, has the right to demand that the organization inform in writing the reasons for the refusal (Article 64 of the Labor Code of the Russian Federation). Keep in mind that pregnancy, having children, lack of registration, gender, nationality, religion (part and article 64 of the Labor Code of the Russian Federation) cannot be indicated as such reasons.
Moreover, it is forbidden to establish restrictions of a discriminatory nature in the dissemination of information about vacancies or vacant positions (clause 6, article 25 of the Law of April 19, 1991 No. 1032-1).
Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
2. Article:Is it possible to refuse employment if the applicant does not have a special education?
We analyze the legislation
Article 64 of the Labor Code prohibits unreasonable refusal to conclude an employment contract. Refusal due to circumstances unrelated to business qualities worker.
A document on education, qualifications or the availability of special knowledge is presented to the employer only when applying for a job that requires special knowledge or special training (Article 65 of the Labor Code of the Russian Federation). For example, for work on the manufacture and sale medicines the candidate must have pharmaceutical knowledge. But to work as a manager for the sale of food and industrial goods, as a rule, special knowledge, documented, are not needed. *
Article 57 of the Labor Code makes an important clarification: if the performance of work in a certain position, specialty involves the provision of benefits, compensation or has restrictions, then the names of these positions must correspond to the names and requirements specified in the qualification reference books. Therefore, if a candidate applies for a position, the length of service for which gives the right to an early appointment of a pension, it is necessary to refer to additional regulations.*
Take a look at the job description
The qualification characteristics contained in the tariff and qualification reference books serve as the basis for the development of job descriptions, *** which are approved and put into effect by the employer. Job descriptions contain a complete list of duties of employees, taking into account the characteristics of a particular organization. It is in them that the qualification requirements for the employee are determined, including the requirements for the level of education.
Therefore, when hiring for a position for which the requirements for the level of education are defined job description approved in in due course, the employer has the right to refuse an employee who does not have the necessary education. In practice, this feature is very often used.*
Teach with a Diploma
For a number of positions Labor Code defined special requirements to the level of professional education. For example, Article 331 establishes the procedure for admitting to pedagogical work only those persons who have a certain education. * Its level is fixed in standard provisions, which are approved by decrees of the Government of the Russian Federation (see table).
The issue of hiring graduates after graduation worries many staff members. In many situations, such a decision is extremely dubious, at the same time, as many young specialists can, on the contrary, turn out to be very valuable personnel. However, the absence of a work history requires a much more thorough and in-depth study of a potential employee.
Features of hiring after university graduates
Status young specialist and the features of hiring him are regulated primarily by the provisions of Article 70 of the Labor Code of the Russian Federation. In particular, such an article suggests the impossibility of establishing probationary period for employees who have just graduated from an educational institution during the year. This should be taken into account by the employer when hiring such employees - dismissal due to unsatisfactory test results can be easily challenged by those in court.
It should be noted that earlier the status of a young specialist gave other benefits and guarantees to employees during the USSR, but at the moment these guarantees are not provided in addition to the above.
In general, the main reason why employers have doubts about whether to hire graduates on the staff is their lack of practical experience. However, in itself, such a lack of experience is not critical in most cases and for many specialties that need to be filled. The true reason most often is the inability or unwillingness of either the personnel department, or the employer or manager himself, to carefully select candidates, focusing on the extremely small work history of a potential applicant.
The absence of a work history for a graduate, from the point of view of leading HR specialists, is a more positive factor than the presence of non-core work experience, which will be evidence of either late education or ignoring part of the education in favor of personal interests.
FROM practical point view, higher education in itself is also not unambiguously useful. For many personnel specialists of the old school, it is simply considered necessary requirement, while the actual skills required for work, especially in the humanitarian fields, it provides very little.
Modern trends in personnel activity are increasingly calling for paying attention to the presence of work experience or personal qualities, rather than just documentary evidence of education. The exceptions are specialties or positions, the occupation of which without higher education is simply impossible according to legislative standards - in this case, it becomes necessary to attract qualified employees with all the necessary documents.
The procedure for hiring university graduates in most cases does not differ from hiring applicants who already have work experience. But promising businesses and talent trends show that there will be much more efficient development a special personnel policy, the application of which will make it possible to find employees suitable for a particular business with high potential and performance.
Advantages and disadvantages of hiring job seekers without experience
Hiring young professionals and applicants without experience for employers has both pros and cons. At the same time, some enterprises primarily specialize in attracting just such applicants, while other employers prefer to avoid the full possible employment of such employees, preferring to select personnel with at least some specialized work experience to be able to evaluate them in the professional field.
The benefits of hiring employees with no experience who have just graduated from university include:
- Fewer requirements from the applicant. In most cases, young professionals are willing to accept lower wages or less in order to gain experience and seniority. comfortable conditions labor. In general, according to statistics, even taking into account equal positions and job responsibilities, former students are ready to fill vacancies with a salary of 20-40% lower than that of similar specialists with work experience.
- High level of motivation. Young employees are the most motivated to achieve promising results. That is why companies with the possibility of effective personnel selection and vertical growth prospects try to pay attention to cooperation with universities and the selection of future employees at the stage of their studies. A highly motivated employee, with the right skills, can bring much more benefits to an enterprise than a stable simple performer.
- Loyalty and low conflict. Young professionals are often more loyal to the company as a whole than experienced workers, and are more willing to take on overtime work and harder work conditions, which allows them to maximize the efficiency of such an employee.
- Learnability. The decline in cognitive skills and learning abilities with age is a scientifically proven fact. By hiring a young specialist, the employer in many cases can actually nurture a professional who can work with the specifics of a particular enterprise much faster in comparison with an experienced employee who worked, even in this area, but in a different business with other features of labor organization.
Of course, young workers also have a number of disadvantages. To the disadvantages of hiring employees without experience and graduates educational institutions can also be attributed enough a large number of factors and characteristics of such applicants. For example, HR professionals and employers are often not satisfied with such candidates:
- Lack of work experience. The most obvious minus of most employees without work experience is the lack of practical skills in conducting labor activity. At the same time, the positive qualities of an employee can largely compensate for this shortcoming or even completely level it.
- Low significance of documentary evidence of education. At the moment, it is far from always the presence of a diploma, even with honors, or another document on education, which indicates the actual presence of knowledge and skills of the applicant - not in every case the documents correspond to reality, and the grades were obtained precisely for knowledge, and not for active work or corruption .
- High expectations and difficulty integrating into the team. This shortcoming occurs precisely because of the high motivation of the employee. In a situation where a highly motivated worker finds himself in a team of people with a lower level of motivation and interest in the success of the business, he can become an enemy to all other employees, which will significantly affect the efficiency of the entire department and level out the advantages of the candidate.
- Instability. Young professionals are often more likely to change jobs than experienced employees if they are not satisfied with the working conditions. In addition, with initially low wages, the staff turnover among young professionals can be very high - they will come to the enterprise solely to obtain proven work experience, without the goal of staying in it further and developing the business.
- Difficulty in evaluating a candidate. The bigger seniority the employee and his “track record”, the easier it is for personnel specialists and the security service to check this applicant and evaluate how effectively he will integrate into an existing team. As regards young professionals, employers often consider the possibility of their employment as the acquisition of a "pig in a poke".
As can be seen from the list of advantages and disadvantages, most negative sides to one degree or another can be leveled with a properly designed personnel policy business focused specifically on the admission of university graduates.
Methods for selecting and hiring university graduates
Hiring a university employee, with proper training, allows you to get a specialist who, in the end, will have more positive aspects than negative ones. The most effective method for selecting such professionals is a multi-stage training program for future personnel during their training. Thus, the employee gets the opportunity to develop his skills and even gain the necessary experience for himself, solves problems with the internship, and by the end of the training, he is very likely to remain working at the enterprise, since there he already has a complete understanding of business processes, and in other business entities he you have to build a career from scratch.
Such a multi-stage technique usually consists of several stages:
- Presentation of the enterprise and vacancies. Such a presentation can be carried out one of these days open doors, job fairs and other events designed for students. In addition, most universities are open to cooperation with potential employers and make it easy and effective to convey information about the business and the vacancies available in it to students.
- Preliminary selection of students. If there are agreements with teachers or the students themselves, the employer can choose the most effective future employees for themselves even at the training stage, based on the personal qualities of students, their professional abilities and academic performance.
- Preparing applicants for production. Such a format of work may involve the work of students on the basis of an enterprise, combined with training in the mode of a shortened working day or during vacations. Subsequently, students can be invited to the enterprise for official internships necessary for passing the practice.
- Full employment of employees after their graduation. By the time a specialist receives a diploma, the employer will have the opportunity to employ a full-time employee, having already received a qualified employee.
For enterprises that operate in areas of activity with high staff turnover and low qualification and professional requirements for applicants, another mechanism of cooperation with educational institutions may be beneficial.
For example, the employment of students by distribution, with a preliminary agreement with the management, can make it possible to obtain a large number of employees to fill all staffing gaps. Also, employment by distribution is often the prerogative of state institutions.
Thus, the employer can set different positions for positions with the same name. official duties taking into account the specifics of those departments in which this position is present. We believe that the employer can also establish an equal salary for these positions, because according to Art. 132 of the Labor Code of the Russian Federation, the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and maximum size is not limited. But at the same time, Art. 22 of the Labor Code of the Russian Federation, which establishes the principle of equal pay for work of equal value. When employees perform comparable job duties, but in significantly different volumes, the establishment of equal size wages, not due to the circumstances specified in Art. 132 of the Labor Code of the Russian Federation, can be regarded as discrimination.
Qualification does not match position
Labor Code of the Russian Federation and others federal laws, then the requirements of qualification reference books and professional standards are advisory character(See Letter No. 14-2/OOG-6465 of the Russian Ministry of Labor dated July 6, 2016). As for the specialty of the assistant secretary, there are no requirements in the Labor Code of the Russian Federation and other federal laws that an individual has a higher education to occupy such a position.
However, if the employer has included the condition of higher education of the assistant secretary in the job description, he is obliged to follow the provisions of this instruction. At the same time, in our opinion, the employer cannot be involved in administrative responsibility for non-compliance with the specified provision of the job description.
This is due to the fact that such liability comes in accordance with paragraphs 1, 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation and other regulatory legal acts containing norms labor law. However, by virtue of Art.
Sign in
Serious crimes are intentional acts for which the maximum penalty does not exceed ten years' imprisonment; especially grave - these are intentional acts, the commission of which is punishable by imprisonment for a term of over ten years or a more severe punishment (parts 4, 5, article 15 of the Criminal Code of the Russian Federation). The conviction is extinguished (part 3 of article 86 of the Criminal Code of the Russian Federation) in relation to persons convicted: to imprisonment for serious crimes - after six years after serving the sentence; for especially grave crimes - after eight years after serving the sentence. If the convicted person behaved impeccably after serving the sentence, at his request the court may remove his conviction before the expiration of its repayment period (part 5 of article 86 of the Criminal Code of the Russian Federation). d) recognized as incompetent in accordance with the procedure established by federal law; For information.
Is it legal to be hired without a degree?
Attention
Chiardi Belarus #4 January 8, 2012, 12:48 It's quite, if his experience, skills and other qualities suit the employer. Ultimately, if the employee does not cope with the assigned work, there is clause 3 or clause 4 of article 42 of the Labor Code RB (with the appropriate "evidence base") I want to draw the moderator's attention to this message, because: Notification is being sent ... #5 January 8, 2012, 12:55 pm Thank you for considering this issue on its merits. I want to draw a moderator's attention to this message because: A notification is being sent...
« First ← Prev.1 Next → Last (1) » In order to reply to this topic you need to log in or register.
Employment without relevant education
After all, in it the employer can determine the tasks, qualification requirements, functions, rights, duties, and responsibilities of the employee. This was also indicated in the letter of Rostrud dated 08/09/2007 N 3042-6-0. When developing job descriptions, it is necessary to take qualification handbooks as a basis, if the use of handbooks is mandatory for the employer. As follows from paragraph 4 General Provisions Qualification directory of positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia dated August 21, 1998 N 37, the qualification requirements contained in the directory can be specified taking into account the peculiarities of the organization of production, labor and management, as well as the rights and responsibilities of employees.
Currently in Russian Federation the following levels of higher professional education have been established: higher professional education, confirmed by the assignment to a person of the qualification (degree) "bachelor"; higher professional education, confirmed by the assignment of a qualification (degree) to a person, either "specialist" or "master". The indicated levels of higher professional education are equivalent. The level of education and qualifications of employees educational organizations are determined on the basis of state-recognised education documents: diplomas, certificates, etc. In accordance with Part 1 of Art. 84 of the Labor Code of the Russian Federation, the conclusion of an employment contract if the person entering the pedagogical work does not have a document on education is a violation of the Labor Code of the Russian Federation when concluding an employment contract and can serve as a basis for its termination under clause 11, part 1, art.
Employment of a specialist without relevant education
The enterprise has developed a practice of hiring persons whose education and work experience do not meet the requirements of job descriptions, as the heads of departments in their memos the head of the enterprise is not informed about hiring when deciding on the hiring of these persons for work. also in recent times In order to hire persons whose education and work experience do not meet the requirements of job descriptions, the heads of interested structural units began to make changes to existing job descriptions, which prescribe education and (or) work experience for specific individuals.
The current job descriptions at the enterprise do not meet the requirements that should apply to certain positions.
For example, a chief specialist or a leading engineer actually performs the duties of a clerk in accordance with the job description, although these positions are managerial and can only be occupied by persons with higher vocational education and work experience in the specialty. Should the company be guided by qualification guides? Can an employer establish different job responsibilities for the same position in two different departments, but with the same size wages? In accordance with the second part of Art. 57 of the Labor Code of the Russian Federation in the employment contract with the employee indicates labor function(work according to position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee).
If the transfer is illegal, who will be held liable in this situation? Thank you in advance. I want to draw a moderator's attention to this message because: A notification is being sent...
Important
Chiardi Belarus #2 January 8, 2012, 11:56 this is not an "explanation of the EKSD" but paragraph 16 of the General Provisions of the Unified Qualification Directory of Positions of Employees 16. As an exception, for positions of managers of all levels of management, specialists (without category) and other employees appoint persons who do not have the education and (or) work experience provided for qualification requirements for the relevant position, unless otherwise provided by law, taking into account the business and professional knowledge, skills and abilities of the employee, work experience in the relevant area of activity, initiative and creative attitude to work and other factors.
When the condition on the required level of qualification (including education) of an individual to occupy a specific position is not in the Labor Code of the Russian Federation and other federal laws, then the requirements of qualification reference books and professional standards are advisory in nature (see letter of the Ministry of Labor of Russia dated 06.07.2016 No. 14- 2/OOG-6465). As for the specialty of the assistant secretary, there are no requirements in the Labor Code of the Russian Federation and other federal laws that an individual has a higher education to occupy such a position.
However, if the employer has included the condition of higher education of the assistant secretary in the job description, he is obliged to follow the provisions of this instruction. At the same time, in our opinion, the employer cannot be held administratively liable for non-compliance with the specified provision of the job description. This is due to the fact that such liability comes in accordance with paragraphs 1, 2 of Art.
Code of Administrative Offenses of the Russian Federation for violation of labor legislation and other regulatory legal acts containing labor law norms. However, by virtue of Art. 5 Labor Code of the Russian Federation local normative act, which is the job description, does not apply to the above regulations.
In addition, clause 8 of the Procedure for the Application of the Unified Qualification Handbook (approved by Decree of the Ministry of Labor of Russia dated 09.02.2004 No. 9) states that persons who do not have special training or work experience provided for qualification handbook, but which have sufficient practical experience and qualitatively and fully perform the duties assigned to them, can be appointed to the relevant positions in the same way as persons with special training and work experience.