Personnel certification is the most effective assessment of an enterprise's personnel. This event is integral part personnel management. Certification is mandatory for a certain category of workers. The imperative requirement for them is established by law. At the discretion of the enterprise administration, voluntary certification may be carried out. It pursues the goal of optimization in personnel management, as well as increasing the efficiency of personnel in a particular company. Certification shows the employer whether his employee is suitable for the position he occupies.

What is included in the concept of employee certification?

Assessment of labor and personal qualities a person, his labor performance at the enterprise is included in the concept of certification. The employer must constantly encourage a competent and responsible employee to improve his skills at work. The effectiveness of personnel work consists of the effectiveness of the use of organizational resources, including the potential of each employee.

Certification helps to obtain information for making management decisions. This is important from the point of view of assessing, analyzing and researching data on the subject of how much the potential of employees allows them to realize the goals and objectives of the company. This is relevant for developing large companies who use a flexible management system in their activities. Certification is also important from the point of view of obtaining information for ongoing work with personnel, to identify areas that need additional control.

Mandatory or not?

The law contains a list of types labor activity where it is necessary to carry out certification activities. These are, for example, employees (civil, municipal), teachers, police officers, teachers. That is, the legislator establishes that certification is mandatory for budgetary institutions. As for commercial companies and organizations, the legislator has not established a mandatory norm for them to conduct this kind of event.
Therefore, if the company has decided to conduct certification, employees are subject to it, for whom a special procedure is provided. For example, for teachers. When developing a local regulatory act on certification, it is necessary to take into account the requirements of legislative acts.

Dismissal based on the results of certification of inconsistency with the position held

The grounds for dismissal of employees of an enterprise or company are listed in the Labor Code of the Russian Federation. One of the grounds is the initiative of the employer (Article 81). This article contains a provision that allows the dismissal of an employee based on the results of personnel certification. Dismissal can be carried out if, based on the results of the event under consideration, it was revealed that the person holding a certain position at the enterprise does not correspond to it. The certification algorithm is determined by labor legislation, regulations, and local legal acts, which are adopted taking into account the opinions of trade unions.

Dismissal of an employee based on the results of certification can be carried out if the employer does not have the opportunity to transfer the employee to another job. The employee must consent to this in writing. The job must be suitable for his qualifications and health. The employer has the right to transfer an employee to a lower position, lower paid job. The transfer must be carried out in the same area where the employee of the enterprise worked. In another location, an employee can also be offered vacancies, but only if this is provided for in the employment contract.
A letter from Rostrud dated 2008 under No. 1028 states that on the grounds under consideration a person can be dismissed only after certification.

The term “certification” is absent in the Labor Code of the Russian Federation. However, certification refers to an event that represents a test of moral, personal and business qualities person. In addition, the employee is checked to ensure that his/her work qualities correspond to the position held.

Dismissal based on the results of certification is not permitted.

Certification does not make sense for some employees. This is due to the fact that, based on the results of this event, they cannot be fired at the initiative of the employer. Consequently, this process loses its meaning for them. In particular, you cannot fire:

• a pregnant woman;
• a woman with a child under 3 years old;
• a single woman raising a disabled child under 18 years of age;
• a person who has a disabled child and is the only breadwinner in the family;
• a person who has a child under 3 years of age and is the only breadwinner in a family raising three or more children.

Dismissal of these workers, even if they have not passed certification, is not permitted. Based on Article 81, Part 1, Clause 3, the employer is obliged to be aware of the restrictions that prevent him from dismissing:

• employees on vacation;
• workers who are in a state of incapacity (temporary).

At the initiative of the employer, it is possible to dismiss employees if they have failed the certification process, but in compliance with the procedures specified for this case:

• trade union members;
• employee representatives during negotiations (collective);
• minors;
• staff representatives who participate in the resolution of labor disputes;
• workers who take part in a strike;
• workers who take part in a labor dispute;
• workers elected to the labor dispute commission;
• heads of collegial bodies of primary trade union organizations (elected) and their deputies.

How to avoid dismissal based on certification results

Based on the results of the certification of an employee of the enterprise, the employer writes a review. This document characterizes the level of theoretical and practical skills of the employee, his moral and volitional qualities. It also indicates whether it matches this person position held. The review reflects not only general indicators that are typical for this category of employees, for example, educational level, but also data on the duration of work in the position held, the personal qualities of the subject, the degree of independence in the work process, the quality of work performed, responsibility for the assigned work, ability adapt to the situation, use new approaches in solving emerging problems, etc.

If the manager was introduced negative review about the employee to the certification commission, a dissatisfied employee has the right to file an objection to the review in writing. The objection must be motivated. If the certification commission nevertheless decides to dismiss an employee, he can appeal this decision in court. The appeal algorithm is outlined in Article 392 of the Labor Code of the Russian Federation. The period for applying for help to the court is one month, which begins to count from the moment the employee receives the review; There is no need to pay for services provided by the state. If there is a valid reason, the deadline that was missed for going to court is restored upon filing an application there. The category of cases under consideration is within the jurisdiction of a court of general jurisdiction; therefore, it is necessary to apply to the district-level court at the place of residence or location of the company.

Dismissal based on the results of certification of civil servants

Based on the results of certification regarding employees, the commission makes a decision:

• corresponds to the position he occupies;
• corresponds to the position, subject to improvement of work, implementation of the recommendations given to the employee by the certification commission, passing another certification within the period specified by the commission;
• inadequacy of a civil servant for his position.

The certification commission forms the decision in the form of a protocol. This document is signed by all participants of the certification commission. Its meeting will be valid if at least 2/3 of the members are present. Court practice shows that employees who were dismissed as a result of an attestation event based on an order by a decision of the commission are reinstated if its meeting was declared unauthorized.

Within a month after the certification event and based on its results, a legal act is issued stating that the civil servant must be legally included in personnel reserve, intended to fill vacant civil service positions in the order professional growth. In addition, the act contains information that the civil servant is sent for retraining or advanced training or is demoted.

If a civil servant refuses retraining, advanced training, or transfer to a civil service position, he has the right to dismiss him. A civil servant has the right to appeal the results of certification.

Dismissal based on the results of certification of municipal employees

Certification of a municipal employee is carried out in accordance with the objectives of determining his suitability for the position held. municipal service. Certification activities for this category of workers are carried out once every 3 years. As a result of the above event, the certification commission must make a decision on whether the employee is suitable for the position held. The powers of the commission also include issuing recommendations related to the promotion of individual municipal employees. Promotion comes after good results in work, successes, including promotion of employees. If there is a need, the certification commission recommends improving the work of certified employees. The results of the event are communicated to employees after the voting of the members of the created commission is completed. Materials related to certification are transferred to the representative of the employer or the employer.

Based on the results of the certification, the employer makes a decision related to rewarding individual employees for the successes they have achieved within a period of no more than one month from the date of conducting and summing up the results of the certification. In addition, the demotion of an employee is carried out during a similar period of time. The certification commission, analyzing and examining the results of certification of a particular employee, can issue a recommendation to send him to receive vocational education additionally.

A municipal employee may not agree to a demotion. In addition, if a municipal employee cannot be transferred to another position with his consent, the employer has the right to dismiss him within a month from the date of certification. The basis for dismissal will be the employee’s inadequacy for the position he previously occupied before the certification event. The certification results confirm that the employee does not have sufficient qualifications for his position.

If more than a month has passed since the event took place, the employer missed the dismissal deadline without a valid reason, he will no longer be able to dismiss the employee on the grounds in question. If a municipal employee does not agree with the results of the certification event, he has the right to appeal its results to a judicial authority.
The category of cases under consideration is within the jurisdiction of a court of general jurisdiction; therefore, it is necessary to apply to the district-level court at the place of residence or location of the company. Based on the results of consideration of the controversial case, the court makes a decision in which it can reinstate the employee in his position.

For example, the following characteristics may be included in the review: degree of independence regarding execution job responsibilities, the quality of their implementation and responsibility for the assigned work, the ability to adapt to a new situation, apply new approaches to solving emerging problems, the ability to organize the work of subordinates, provide guidance to their work, the style of communication with subordinates, the actual scale of management, etc.

An individual interview is conducted in the presence of the person being certified and the head of the relevant structural unit of the organization. The certification commission reviews the submitted materials, hears the employee and the head of the relevant department, and, if necessary, his immediate superior - on the issue of the certified person’s performance. Discussion of the professional, business and personal qualities of the certified employee should take place in an atmosphere of objectivity, exactingness and goodwill.

If an employee fails to attend a meeting of the certification commission without good reason, the certification may be carried out in his absence.

An approximate list of indicators for assessing the qualifications of employees:

Education;

Work experience in the specialty;

Professional competence;

Knowledge of the regulatory legal acts required in the work;

Acquaintance with domestic and foreign experience in this area;

Ability to quickly make decisions to achieve set goals;

Quality of completed work;

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

Timely performance of official duties;

Responsibility for work results;

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

Ability to work with documents;

Ability to predict and plan, organize and analyze the work of subordinates;

The ability to quickly master technical means that increase labor productivity and quality of work;

Work ethics, communication style;

Ability to be creative and entrepreneurial;

Participation in commercial activities;

Independence;

Self-esteem ability.

In other words, the assessment of the professional qualifications of the certified employee is based on the conclusion about his compliance with the provisions of the job description, determining the share of his participation in solving assigned tasks, the complexity of the work he performs, and its effectiveness. This should take into account his professional knowledge, work experience, advanced training and retraining, and in relation to the corresponding group of positions - organizational abilities.

The certification results are entered into the certification sheet.

Decisions made based on the results of certification

Based on the results of the certification, in relation to each certified employee, the certification commission gives one and the following assessments:

1. Corresponds to the position held;

2. Corresponds to the position held, subject to improvement of work and implementation of the recommendations of the certification commission with re-certification after a specifically established period;

3. Does not correspond to the position held.

The decisions of the certification commission are documented in protocols, which are signed by the members of the certification commission present at the meeting.

Notification of the certification results must be given to the employee or sent by mail ( by registered mail) no later than 5 days after the day of certification, unless otherwise provided by the current document. An extract from the protocol of the certification commission is attached to the employee’s personal file.

Based on the results of the certification, the certification commission can submit recommendations for consideration by the head of the organization:

On rewarding individual employees for their achievements;

On changes in the size of their official salaries;

On the establishment, change or cancellation of bonuses to official salaries;

On inclusion in the nomination reserve;

On demotion or dismissal of an employee from his position;

On improving the qualifications of individual employees;

On improving the performance of certified employees and the results of their work.

The results of the certification are reported to the head of the organization within a week after it is carried out.

The head of the company (the head of the relevant department), taking into account the assessment and certification recommendations and in accordance with the legislation of the Russian Federation, makes a decision on further professional development managers and specialists, material and moral incentives for employees for the successes they have achieved, changes in official salaries for relevant positions, establishment, change or abolition of bonuses to official salaries, and promotions.

The results of the certification may serve as the basis for recognizing the certified employee as unsuitable for the position held and for making a decision to send him for advanced training (retraining) or, with his consent, to transfer him to another job. If the certified person does not agree with the direction for advanced training (retraining) and it is impossible to transfer this employee to another position, the manager has the right to decide to dismiss him. Specified solutions accepted within no more than two months from the date of certification. After the expiration of the specified period, a reduction in the amount of the official salary, a reduction or cancellation of bonuses to it, or the dismissal of an employee based on the results of this certification are not allowed. Sickness and vacation time of a certified manager (specialist) is not counted towards the two-month period.

If there is written disagreement of the certified person with the conclusions of the certification, the materials are considered by a special expert commission.

Certification materials are entered by the personnel service into the personal file of the certified employee only after written explanations have been reviewed and final decisions have been made on them.

Analysis of certification results

A good performance appraisal should not end with handing in an appraisal form to the HR department. At the end of the certification, as at the end of any project, it is necessary to evaluate whether the goals have been achieved. It is important not to lose the information collected during the certification. And draw up an action plan - both for the organization as a whole and for individual managers and employees. The plan must be understandable, clear and measurable. The range of certification results is quite wide.

Analysis of certification results can provide not only a better understanding of the activities of a particular employee. Certification gives a lot to understand the situation in the organization. Obviously, the results depend on what goal was set and what methods were used.

For a specific employee, based on the results of certification, it is possible to draw informed conclusions about the need for training and development, his place in the organization, career planning, change wages, disciplinary actions.

Certification commissions summarize the recommendations made, as well as proposals for improving the performance of employees, improving the qualifications of personnel, the need and feasibility of which were established during the certification process.

Based on the analysis of the results of the completed certification, a draft action plan is being developed aimed at further improving the organization of production, labor and management.

After the completion of the next certification, the HR department summarizes its results, establishes the number of employees who have passed certification, their share in the total number of managers and specialists subject to certification, determines the number of employees recognized as appropriate and not appropriate for their positions, and identifies employees who have not passed certification for various reasons, a list of managers and specialists is compiled that are subject to re-certification in a year (their compliance with their positions will be determined taking into account their implementation of the recommendations of the certification commission adopted at the next certification), as well as employees after the expiration of the period of exemption from the next certification.

The head of the enterprise (organization) ensures a thorough review of the certification results in order to check the compliance of the certification procedure with the approved Regulations on certification, the validity of the recommendations adopted by the certification commissions, the possibility and feasibility of their implementation in compliance with staff discipline and within the approved wage fund.

At large enterprises (organizations), it is recommended to develop measures first in structural divisions, and then throughout the enterprise (organization) as a whole.

Based on the results of the work carried out, an order is issued for the enterprise (organization), which provides an analysis positive aspects and shortcomings in the organization and conduct of certification, measures developed based on the results of certification, changes in the placement of personnel, official salaries, enrollment of promising employees in the reserve for promotion, as well as other measures to encourage positively certified employees are approved.

The head of an enterprise (organization), within a period of no more than 2 months from the date of certification, may decide to transfer employees recognized by the results of certification as not corresponding to their positions to another job with their consent. If employees do not agree with the transfer to another job, the head of the enterprise (organization) may terminate employment with them within the same period. employment contract in compliance with current legislation (see section "Dismissal of an employee of a trade and Catering for non-compliance with the position held or the work performed due to insufficient qualifications confirmed by certification results").

After 2 months, transferring employees to another job or terminating their employment contract based on the results of certification is not allowed.
Please note that the local Regulations on personnel certification cannot include disciplinary sanctions among the measures of influence on employees. This is unacceptable for the reason that inconsistency with the position held does not imply the employee’s guilt in the lack of sufficient qualifications, and if a dispute arises and is considered in court, the employer’s actions to attract employees to disciplinary liability will be declared unlawful, and the provisions of the local regulatory act on personnel certification will be declared invalid on the basis of Part 4 of Art. 8 of the Labor Code of the Russian Federation.

Labor disputes regarding the dismissal and reinstatement of employees recognized as not corresponding to their positions based on the results of certification are considered in accordance with the current legislation on the procedure for resolving labor disputes.

L.A. Elina,
leading expert

Dismissal of employees based on certification results

Develop and approve the certification regulations

You can take as a basis the old Soviet Regulations on the procedure for conducting certification And Articles 8, 81 of the Labor Code of the Russian Federation; Regulations, 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). Moreover, it is better not to prescribe rules in your local certification regulations that will worsen the conditions for your employees compared to the Soviet Regulations.

At the same time, there are regulations governing certification in relation to certain categories of workers. For example, when certifying scientific and pedagogical workers in universities, one must adhere to the Regulations on the procedure for conducting certification, approved by the Ministry of Education and Science And Order of the Ministry of Education and Science dated March 30, 2015 No. 293. If your organization is subject to any industry credentialing regulation, you must consider its rules.

Attention

Company employees must be familiarized with the certification regulations against signature. And Art. 22 Labor Code of the Russian Federation.

Fix in your position how the certification commission will be formed. Write down the timing and form of the certification, as well as what exactly it will consist of. Approve evaluation criteria for various categories of employees. Based on the established criteria, forms of tests, questionnaires and/or lists of questions can be developed for specific categories of workers.

If the company has a trade union, do not forget to take its opinion into account when approving the certification regulations And Art. 8, part 2 art. 81, art. 372 Labor Code of the Russian Federation; pp. 24,.

The certification regulations must be approved by order of the manager.

Form an attestation commission

The certification commission, as a rule, includes a chairman, members of the commission (including the deputy chairman) and a secretary. The commission may include experts from among highly qualified workers, as well as heads of relevant departments. Your position may provide the opportunity for independent experts who are not employees of your organization to participate in the commission.

Reference

When forming qualification requirements, you can focus on the norms of the professional standard, the Unified qualification directory or the Unified Tariff and Qualification Directory.

Be sure to include in the certification commission a representative of the elected body of the trade union organization (if it There is) Art. 82 Labor Code of the Russian Federation.

Approve the names of the certification commission by order of the head to conduct certification And clause 5 of the Soviet Regulations; Art. 82 Labor Code of the Russian Federation.

Prepare for certification

Inform employees about the upcoming certification within the time period established by your certification regulations.

No later than 2 weeks before certification, for each employee being certified, the immediate supervisor must provide written feedback (characteristics) to the members of the commission y) clause 6 of the Soviet Regulations. The review reflects the assessment of the employee’s performance, his qualifications, and also indicates the extent to which he complies with labor discipline.

No later than a week before the certification, familiarize the employee with the feedback submitted to him m clause 6 of the Soviet Regulations.

Conduct certification

As a rule, the employee being certified answers test questions or has an oral conversation with members of the commission - this depends on the specifics of the certification.

Reference

Certification cannot be carried out in relation to And clause 4 of the Soviet Regulations:

pregnant women;

women with children under 1 year of age;

employees who have worked in their position for less than 1 year.

And based on negative certification results, you cannot fire an entire group of people. Including women with children under 3 years of age, and single mothers raising a child under 14 years of age (disabled child under the age of 18 years) Art. 261 Labor Code of the Russian Federation.

An employee's evaluation should be based on his/her suitability qualification requirements to the position held, as set out in his job description and/or employment contract. In doing so, take into account the employee’s professional knowledge, work experience, advanced training, retraining and other data.

Please note that:

during certification, the secretary of the certification commission must keep minutes of its meeting in free form;

the voting results must be determined by a majority vote. If there is an equality of votes in assessing the performance of the certified employee, he must be recognized as having successfully passed the certification and appropriate for the position held;

the voting results must be entered into the minutes l clause 8 of the Soviet Regulations;

these results must be announced to the employee being certified immediately after summing up the voting results of the members of the certification commission;

conclusions about the certification (or non-certification) of the employee must be entered into the certification sheet clause 9 of the Soviet Regulations. This sheet must be compiled in two copies:

One copy of it, along with the review of the employee, must be kept in his personal file;

The second must be given to the employee, preferably against signature;

the results of employee certification must be entered in section IV of the personal card in form No. T-2;

Attestation sheets for employees completed by the commission must be handed over to the head of the company.

Attention

It is impossible 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.

Keep in mind that an employee can challenge the legality of his dismissal based on the results of certification if, for example, the procedure for conducting such certification was violated. Thus, one employee managed to be reinstated by a court decision, since the questions specified in the attestation sheet did not meet the requirements of the job description, and the employee’s answers to the questions of the commission members were not recorded s Appeal ruling of the Krasnoyarsk Regional Court dated December 24, 2014 No. 33-12241. And the other employee was reinstated, since the certification consisted only of the announcement of the review submitted to her immediate supervisor m Appeal ruling of the Yamalo-Nenets Autonomous Okrug court dated 06/05/2014 No. 33-1144/2014.

Formalize management’s decision based on the certification results

All personnel decisions regarding an employee (for example, dismissal) can only be made within 2 months from the date of certification And clause 12 of the Soviet Regulations. If the manager decides to leave him in his previous position, then nothing needs to be done.

If the manager wants to dismiss an employee from his position, all procedures preceding such dismissal must be strictly followed.

Reference

If the employee is a member of a trade union, then before dismissing him, you need to take into account the opinion of this trade union (the elected body of the primary trade union organization And) Articles 82, 373 of the Labor Code of the Russian Federation; pp. 24, 31 Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2.

If the employee is the head or deputy head of an elected collegial body of a trade union organization, then the employer must request the prior consent of a higher-level elected trade union body A Art. 374 Labor Code of the Russian Federation.

But even if the trade union is against it, it is still possible to fire an employee O Articles 373, 374 of the Labor Code of the Russian Federation. Only the dismissal procedure will become somewhat more complicated. We will have to conduct additional consultations with the trade union and draw up protocols based on their results.

If during such consultations it is not possible to reach an agreement with the trade union, the employer may decide to dismiss the employee.

Such a decision can be appealed to the labor inspectorate. And if it recognizes it as illegal, the organization will receive an order to reinstate the employee at work with payment for forced absence. This order can be challenged in court.

Also, the employee himself or the trade union can apply directly to the court regarding the legality of the dismissal of an employee. h Articles 373, 374 of the Labor Code of the Russian Federation.

An employee who is found to be unsuitable for the position held must be offered vacant positions (work in the same area), both corresponding to his qualifications and those of lower or lower pay. Higher positions - only if this is provided for in the collective and/or labor contract and agreements And Part 3 Art. 81 Labor Code of the Russian Federation.

Offers of vacant positions must be made in writing. Also require the employee's response in writing. If the employee agrees, then formalize the transfer with an additional agreement to the employment contract at Art. 72 Labor Code of the Russian Federation.

If the company does not have suitable vacancies or the employee refuses the vacancies you offered, issue an order to terminate the employment contract. To do this you can use the form No. T-8 clause 3, part 1, art. 81 Labor Code of the Russian Federation.

IN work book The dismissal record looks like this.

By general rule no need to pay the dismissed person severance pay. But its payment may be provided for in the company’s collective agreement, local normative act or an employment contract with the dismissed employee.

Certification at an enterprise serves to assess the quality of skills and functional abilities of an employee necessary for him to professionally perform his job duties. Dismissal based on the results of certification occurs when the employee does not meet the qualification requirements, as confirmed by the commission in writing. Let's consider how and in what cases you can fire an employee who has not passed the certification.

Dismissal of employees based on certification results

The conditions that an employee working at an enterprise must correspond to the position held are contained in Labor Code RF.

The provisions of Article 81 establish that dismissal is possible after certification, at the initiative of the employer of an employee who has not confirmed his qualifications based on the results of certification.

You just need to be very careful about the issue of formatting the results of a knowledge test, otherwise they can easily be challenged.

Certification rules

In order to legally dismiss an employee during certification if he failed to meet the certification requirements, the procedure itself must be properly prepared and carried out in accordance with the Regulations on certification and the norms of the law.

1. An attestation commission must be convened.
2. Certification can be carried out both orally and in writing.
3. All employee answers must be entered on a specially designed certification sheet.
4. The employee must be familiarized with the completed certification sheet against signature.
5. In the minutes of the commission meeting, there should be details for each employee, the result of the vote on which a decision is made for each individual employee.
6. In accordance with the conclusion of the certification commission, a mark is placed on whether the employee corresponds to the position he occupies or not.
7. Certification must be regulated by a special Regulation adopted by the enterprise.

The conditions for certification are reflected in the Regulations. It may contain other wording about the certification results. For example, you can enter information that the employee is suitable for the position, but must undergo retraining or advanced training. It is also possible to include information in the Regulations stating that the certification commission has the right to make recommendations to the employee, with subsequent re-checking of the employee’s implementation of these recommendations.

Dismissal based on certification results

Particular attention should be paid to the correctness of the dismissal procedure. After all, in the legislation there are many options for the outcome of the same event - failure to pass certification. For example, if an employee who is a member of a trade union is fired, notification and a written opinion from the body of the trade union organization is required.

In the manner prescribed by Art. 373 of the Labor Code, before dismissing a trade union member based on the results of certification, all dismissal documents, including the order and certification results, are first sent to the elected body of the trade union organization. After the union has received these documents, within seven days it is obliged to give a written opinion on the possibility of dismissing the employee.

It is prohibited by law to dismiss an employee based on the results of certification if he is on sick leave or on regular paid or unpaid leave. However, not everything is so simple if an employee does not pass certification if he is not a member of a trade union. His dismissal also does not happen instantly; some procedures need to be taken into account.

How does dismissal occur based on the results of certification?

After the certification has taken place, all materials and conclusions of the commission are sent to the employer, the head of the enterprise, who is authorized to make decisions on dismissal. The manager reviews the specified materials, after which he makes decisions on dismissal or retention of the employee in his position.

It is important that the manager adheres to the deadlines established by the Regulations. If the dismissal occurred later during certification, it can be challenged. The Regulations must clearly define the deadlines for the manager to make decisions based on the results of the certification.

So, if, nevertheless, an employee does not meet the criteria defined for a given position, he can be dismissed only after he is, in due course, offered another job at the same enterprise that corresponds to his skill level. At the same time, the employee must be notified in writing about the vacancies available for him. The notification is issued in such a way that the employee understands that he is not suitable for the position held, but he is offered a transfer to certain vacant positions. The notice must indicate the column where the employee signs that he is familiar with all vacancies existing at the enterprise. And one more column where he indicates his consent or disagreement with the transfer to another position.

That is, the dismissal of an employee based on the results of certification does not occur immediately, after the commission meeting. The commission indicates its opinion in the protocol, and the employer can decide to send the employee to advanced training, training, or courses. Or, decide that the employee can no longer work in a given position for which he does not correspond.

Dismissal of an employee who refused to undergo certification

An employee’s refusal to undergo certification in itself is not grounds for dismissal. He can be charged disciplinary action in the form of a reprimand or reprimand. However, according to Article 21 of the Labor Code of the Russian Federation, such an employee violates labor discipline at the enterprise. If he was familiarized with signature job description, labor regulations, Certification Regulations, was duly notified of the upcoming certification, and still refuses to undergo it, such an employee can be subject to disciplinary action.

p>If the employment contract and the Regulations contain information about certification and dismissal, in the event of repeated refusal of certification, or in case of violation labor discipline employee, he can be dismissed under the article, in accordance with the initiative of the employer.

Opinion judicial practice there are different things. On the one hand, the courts have repeatedly indicated in their acts that violation of labor discipline, if documented, is legal basis for dismissal. But in the labor legislation there is no article that directly allows the dismissal of an employee if he fails to pass the certification, in the event of his refusal, and not of professional inconsistency. Therefore, if an employee refuses to undergo certification, this should be documented. The head has every right issue an order to subject the employee to disciplinary action.