LawRegulatory Compliance

Attestation: what is the procedure. Qualification category

Personnel work consists of many components. Its important element is the assessment of the quality of personnel training. The so-called attestation - what is it? It is about assessing the suitability of employees in a professional manner and the extent to which they correspond to the position they occupy, conducted with a certain regularity.

Attestation - what is it? Who can not do without it?

In each industry there is a list of positions and professions that are subject to this procedure. From the legal point of view, the Labor Code, like other normative acts, does not contain a mandatory provision forcing any employer to certify his own employees without fail. Only representatives of certain industries and types of activity should pass it, which is reflected in the legislation.

Who exactly can not do without attestation? First of all - employees of the Russian Federation, representatives of the state and executive authorities of both the Federation and its subjects, as well as workers in municipal bodies.

Mandatory assessment of the employee for compliance with the position is made for the personnel of a number of industries, namely those responsible for the movement of trains on the railways, conducts operational dispatch management in the electric power industry, works at hazardous production facilities or is associated with shipping.

In addition, all workers associated with the storage and destruction of chemical weapons and objects of ionizing radiation are certified. It also includes aviation personnel, as well as those who work in objects related to outer space.

From more "peaceful" professions of certification are employees of libraries, teachers and management of educational institutions, as well as unitary enterprises. Certification of medical workers in the category is also mandatory, from 2013, some changes have been made to its rules.

Those who are not included in this list are tested voluntarily. The employer develops and adopts the regulations on conducting it independently. His duty is to issue a local act, containing the terms and procedure for attestation. Moreover, the wording of this document must comply with all legal requirements.

Qualification appraisal. What is a local normative act and what does it contain?

There are no universal recommendations for assessing the professional qualities of employees. This is due to the fact that each organization has its own specificity. Our task is to consider only the main points contained in the local document "Regulations on Attestation", the legal significance of which is not subject to challenge.

The head of any enterprise that approves such a Provision for its employees must first of all prescribe in it which of their categories are subject to certification and which are not.

Determining how an employee corresponds to the position held by him, is conducted in relation to the category of employees. This definition refers to a social group of workers, whose work is not primarily physical, but mental. The range of their duties often consists of leadership, development and decision-making, work with information.

A social group, called workers, works physically, creates a material product and provides activities from a technical and production point of view. The qualifying category of them must be confirmed by attestation should not.

In turn, employees can relate to managers, specialists or technical executors. The decision to participate in the certification of any of these three groups is taken by each organization independently. For example, in some enterprises technical executors are not to be certified.

Who can not go through it?

Who can be legally exempted from this procedure? A relatively large number of employees belong to the category that does not qualify for certification, namely:

1. Those whose experience in this position is less than a year. It is understood that the experience of their work is still too small to make an objective conclusion about professional fitness.

2. It is impossible to certify pregnant women, and even if there are signs of low professionalism, such an employee can not be dismissed. This prohibition is contained in Article 261 of the LC RF.

3. This procedure also does not apply to women with babies up to the age of three who are on leave to care for them. To certify such a worker can be only one year after the date of coming to work. It is understood that in a woman sitting on a long-term leave, the qualification is automatically reduced. Just like in the previous case, this worker can not be dismissed, even if her qualification leaves much to be desired.

Add a personal order to this list of other categories the head has the right for those who work internally or under a fixed-term contract of no more than two years. In addition, past professional retraining or refresher courses during the following year.

The same term (1 year) protects against attestation of those who were appointed to the post as a result of the competition. Young people can also be released from passing it.

About the timing

How often should the certification be carried out and in what time frame? The normative provision regulating the entire procedure for attestation and approved in 1973 (with the latest changes in 1986) remains relevant to this day. According to him, the certification should be appointed and implemented periodically with an interval of 3 to 5 years.

The specific deadline for each organization must be reflected in its local act - all the same Regulations. The deadline for the procedure itself, including summing up the results, must also be indicated there.

It is established independently at each enterprise, being guided by the composition of the attestation commission and the staff number of the staff. From a practical point of view, the most acceptable is the interval from three months to six months. That is, for the specified time, the event must be completed. For an organization with a large number of employees, it can be carried out step-by-step with the distribution of attestees over the years.

Alert employees in advance

The next important point that requires mandatory reflection in a local regulatory act is the need to inform the attested staff about the upcoming procedure for a period of at least a month. Before attending the certification, the employee must be informed of her dates and schedule.

A week before the proposed date, he is obliged to issue a characterization for him. Get on hand, he has the right and other documents for certification relating to him personally. And upon completion of its passage - the right to review the results and request the necessary copies.

What qualifications can be

The next include those held in a predetermined time. In contrast, pre-term or intermediate certification - the one that had to be organized in the so-called inter-certification period.

What are the reasons for assessing the employee ahead of schedule? This can happen in the case of a vacancy created and his promotion to a vacant post. Or vice versa - in the presence of serious miscalculations or omissions in the work, as well as a disciplinary offense related to the performance of the duties assigned to the post.

If the work of the whole unit causes criticism for a certain time, it can also serve as the basis for the appointment of a general early certification. It can be carried out and at the request of the appraiser himself, who wants to put himself forward for a higher position.

Intermediate certification can "shine" the employee, for whatever reasons, avoided the passage of a planned similar procedure. This is usually done if it is necessary to check its professional qualities. And one more reason for pre-term attestation is the completion of the previous assessment "conditionally certified."

All the grounds and rules for conducting such a procedure (its early version) must be stated in the most detailed manner in the Regulation in order to avoid disputes and disagreements.

Its objectives

The main objectives of this activity (attestation) include evaluating the results of employees' work activities, ascertaining whether they correspond to their own position, identifying gaps and gaps in the level of training, and drawing up a plan for further development.

In addition, attestation is checked by psychological compatibility with other people (team), the ability to make group decisions, the degree of loyalty, and monitor the overall motivation for working and working in this particular place. The final result is the clarification of the future prospects of the appraiser's future career.

Its overall objectives by definition include improving the quality of personnel management and personnel work in general, as well as improving the indicators of discipline and responsibility. The specific task of this measure is to identify a circle of persons or positions-the closest candidates for dismissal for staff reduction and a concomitant improvement in the moral climate with the improvement of psychological relations.

The need to comply with the law

The certification commission is obliged to work under a certain procedure, also clearly prescribed in the Regulations (it is also about the dates of meetings, and the formulations of the decisions made with the slightest nuances of their design).

81st article of the TC indicates that if a person can be dismissed based on the results of certification, the composition of the commission must necessarily include a member of the trade union body. If a specific certification is not related to the possibility of dismissal, the presence of these representatives is not mandatory.

The results of the commission are formulated in the form "corresponds" or "does not correspond to the position held". Sometimes there is a third kind of evaluation - "corresponds conditionally." Such an intermediate option allows you to have the right effect on the certified one.

The wording of the results must be exactly as indicated above. Others (such as "fit", "certified") do not comply with legal norms, they talk about the lack of professionalism of the personnel service and can lead to legal proceedings.

What the results contain

The conclusion on the conditional compliance of the position does not allow dismissing the employee before checking the implementation of all recommendations received by him. That is, the employee must be after a certain period subjected to a similar repeated procedure. The regulation on certification, accordingly, should provide for this scenario and state that a re-evaluation of the commission can exist only in one of two ways: "corresponds" or "does not correspond to the position held".

The final documents should be drawn up in accordance with the list and rules, also stipulated by the Regulations. The main one is a report on the attestation carried out. Compiled according to the decisions of the commission, he bears information about the number of employees whose qualification category has been successfully confirmed, and those regarding whom inconsistencies have been identified.

Then each employee is given specific comments and suggestions. Based on the data of the report, the general order establishes a number of necessary measures. To the personnel service he orders to solve all the tasks set.

Their list may include transfers to higher positions, assignment of new qualification categories, increase of salaries, installation, cancellation or change in the amount of bonuses, promotion, as well as dismissal or transfer of those whose incompatibility of the post was identified and documented. The deadlines for possible dismissals should also be determined in advance in order to avoid disputes in court.

About translations

If the professional level of the employee leaves much to be desired, the manager can transfer the latter to another job or position (of course, with his consent) within two months after the date of certification. When such a transfer is impossible, the legislation allows the head of the company to terminate the employment contract with the employee within the same two months.

If the two-month period has passed, but dismissal or transfer has not followed, to do it later the law forbids. It should be remembered that the Regulation can not provide for measures to influence employees in the form of disciplinary sanctions. This is due to the fact that insufficiently high qualification of those does not apply to violations and does not imply the fault of the worker.

In the event of disciplinary punishment, the employee has the right to assert his or her own rights, referring to Article 8 of the LC.

Additional remarks

In conclusion, it should be noted that an assessment of the professionalism of an employee during the certification is strictly prohibited to accompany criticism of his actions and methods of work. When announcing the results of the commission's decisions, the employee should not be affected by pay issues. In this sense, what is the essence of the concept of "attestation"? What an event should not be turned into a punitive tool!

In the final documents, individual plans for career growth and development of all employees with a list of necessary activities in the form of internships, trainings, consultations, seminars, etc., must be outlined.

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