Minutes of the meeting of the attestation commission. Protocol of the attestation commission on the completion of work on attestation of workplaces in terms of working conditions (Sample filling) Protocol of the attestation commission of similar workplaces

Many enterprises and organizations use periodic appraisal of employees in their work. Such checks may be subject to different employees, regardless of their specialty, skill level and other parameters.

For the competent conduct of the procedure, a special commission is involved, the work of which is recorded in a separate document.

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The role of attestation

Timely and regular verification of employees makes it possible to determine the degree of their professional training, to assess their theoretical knowledge, as well as practical skills and abilities.

In the process of appraisal, it is determined how much one or another employee corresponds to the position held at a given point in time.

If a fact of non-compliance is revealed, the administration of the enterprise can take measures aimed at solving this problem, for example, by demotion of an employee, or by sending him to advanced training or retraining courses. The option of dismissal of those representatives of the staff who have not passed the certification is also not ruled out.

Mandatory or voluntary

There are a number of specialists who from time to time are certified in without fail. Basically, these are "state employees":

• doctors,
• teachers,
• some technical and other narrow-profile workers.

Most employees working for commercial companies are subject to checks based on the wishes and needs of the company's management.

Can I opt out of certification?

An employee has the right to refuse to undergo certification, but only if he does not belong to those categories of specialists who are required to pass this species control by law. However, one should not forget that the management of the enterprise may find a reason to dismiss such an employee.

Who can't be tested

There is certain groups employees who cannot be tested for prof. fitness. These include:

• pregnant workers,
• those who work in the specialty for less than one year,
• mothers caring for children under the age of three,
• people on sick leave (more than 14 days),
• full-time students.

All other employees, including those who have various scientific degrees, long experience and other regalia can be subject to verification at any time.

Order of conduct

1. In order to carry out certification of employees in accordance with all the rules, the first thing the enterprise issues is an appropriate order. It specifies the employees who will be tested.
2. A commission is appointed by a separate order. It can include both employees of the enterprise and outside experts.
3. Next, an attestation meeting is held, during which the members of the commission study the materials provided by the experts being checked and ask them questions on their specialty.
4. Based on the results of the audit, the commission makes a decision on each employee for compliance with his position. These data are recorded in the attestation sheets of employees, and the whole process is recorded in the minutes of the meeting of the attestation commission.

What is the protocol for?

The role of the document is extremely important. It accurately records the entire procedure for the meeting of the certification commission, which further limits the employer from unreasonable claims from employees who are dissatisfied with the results of the audit and controlling structures. That is why the drafting of a document must be treated with the utmost care, not excluding the possibility that at some point it may become a legally significant paper that is in demand for submission to the court.

Who draws up the document

A secretary is chosen to keep the minutes. He may be a member of the commission, and may be outside of it. In any case, this should be a person with a sufficient level of knowledge and education in order to properly compile this document.

Rules for compiling the minutes of the meeting of the attestation commission

There is no unified sample of the protocol of the attestation commission, so enterprises and organizations can write it in free form or according to a template developed within the company and approved in its accounting policy. The protocol must contain certain information:

• the name of the organization whose employees are being tested,
• information about the members of the attestation commission,
• and test workers
• result of control actions.

The list of questions asked during the certification process can be included directly in the protocol, or can be attached to the document as a separate application.

Protocol registration rules

You can keep the document by hand, or print on a computer using a plain A4 sheet, or letterhead companies.

Regardless of how the protocol will be drawn up, it must necessarily contain the original signatures of all members of the commission, as well as the secretary who issued it.

A protocol is being drawn up in several copies: one for each stakeholder. After registration and endorsement, one copy is transferred for storage to the archive of the enterprise, which contains the time set for such documents.

1. First, in the middle of the line, the full name of the document is written, then the date of its compilation is indicated.
2. After that, a reference is made to the order, which served as the basis for the certification of employees (its number and date) and the full name of the company.
3. The next thing to note in the minutes is the items on the agenda. In this case, this is the certification of employees of the enterprise - here you need to indicate their last names, first names, patronymics, positions, as well as an assessment of their compliance with their positions.
4. Further, the results of attestation for each specific employee are entered into the protocol, and the fact of passing the test is also recorded.
5. In conclusion, the protocol must be signed by the chairman, as well as members of the attestation commission and the secretary, who thus certify that all the information entered into it is correct.

To understand what final documents the Customer will receive after the Certification of workplaces according to working conditions it is necessary to briefly explain how Certification of workplaces generally takes place.

During the Certification of workplaces, the specialists of the Certifying organization go to the Customer (to your organization) to conduct instrumental measurements of the levels of dangerous and harmful substances. production factors in the workplace, as well as the actual assessment of the state of the workplace.

Based on the results of instrumental measurements, the specialists of the Certifying Organization draw up protocols (for each harmful factor), which reflect the levels of maximum allowable concentration (MAC), as well as the actual level of exposure to a particular factor at each workplace. As a result of comparison of MPC and the actual level of exposure to a harmful factor, a class of working conditions is determined.

In addition, each workplace is assessed gravity and tension labor process , grade injury risk workplaces with the obligatory drawing up of protocols for this workplace.

As well as an assessment of the equipment of employees (and the organization as a whole) means of individual and collective defense (overalls and PPE) with the preparation of protocols.

Instrumental measurements at workplaces take on average 10 to 20 minutes (for each workplace), sometimes a little more, sometimes less. It depends on the specifics of the workplace, the number of harmful factors, the remoteness of the workplace, etc.

Further, the specialists of the Certifying Organization, based on the results of the actual assessment of harmful factors (protocols for assessing the severity and intensity of the labor process, assessing the risk of injury, assessing the equipment with overalls and PPE) are compiled Job Appraisal Cards.

The CERTIFICATION CARD of the workplace in terms of working conditions reflects the full characteristics of a particular workplace, indicates:

• the name of the profession according to OK-016-94;


• the issue of ETKS or EKS is indicated;


• the number of employees and the number of similar jobs;


• an assessment of working conditions is indicated according to the degree of harmfulness and (or) danger of factors of the production environment and the labor process, as well as the actual state of working conditions;


• compensation for workers engaged in heavy work is indicated;


• the right to early retirement;


• the need for medical examinations;


• recommendations are given to improve the regime of work, rest, selection of employees.

Forms of measurement protocols and assessment of harmful factors, as well as the form of the Attestation Card are approved by order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n"On Approval of the Procedure for Certification of Workplaces on Working Conditions".

And the last important point in Workplace attestation card - conclusion of the Attestation Commission on a comprehensive assessment of working conditions. In accordance with the requirements of the order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 342n, the following wordings were approved:

• The workplace is certified with comprehensive assessment working conditions "corresponds .


• The workplace is certified with a comprehensive assessment of working conditions "does not meetstate regulatory requirements for labor protection"

Please note that after the Attestation behavior, the workplace will be attested in any case, but the assessment of the Attestation Commission may be different: corresponds or does not match state regulatory requirements for labor protection.

So, apart from Attestation card and Protocols measurements for each workplace, according to the results of Certification, the package of reporting materials (for the Customer) includes the following documents:

1. Information about the certifying organization (information about the accreditation of the testing laboratory (TL), information about the employees of the testing laboratory participating in the Certification, information about measuring instruments (instruments)).


2. Consolidated LIST of JOBS subject to certification in terms of working conditions.


3. CONSOLIDATED STATEMENT of the results of attestation of workplaces in terms of working conditions.


4. A SUMMARY TABLE OF CLASSES OF WORKING CONDITIONS ESTABLISHED FROM THE RESULTS OF Certification OF WORKPLACES FOR WORKING CONDITIONS AND COMPENSATIONS THAT NEED TO BE SET IN THIS CONNECTION FOR WORKERS.


5. MINUTES of the meeting of the Attestation Commission based on the results of attestation of workplaces in terms of working conditions (final).


6. PLAN of measures to improve and improve working conditions. This document is prepared if necessary, if, for some reason, harmful or dangerous working conditions are identified.

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Document text:

Limited Liability Company "Klyuch" MINUTES 28.12.2012 N 5 Minsk of the attestation commission on the completion of work on attestation of workplaces in terms of working conditions Chairman - V.I.Konoplev Secretary - I.I.Petrova Total attendance - 6 people Agenda: 1. Discussion of the results of certification of workplaces in terms of working conditions. 2. Completion of work on attestation of workplaces in terms of working conditions. HEARD: B.B. Bulkin, labor protection engineer. on the results of the work of the attestation commission for attestation of workplaces in terms of working conditions. RESOLVED: 1.1. Accept the results of certification of workplaces in terms of working conditions. 1.2. Submit for approval to the director of the company IP Shumelkin: 1.2.1. list of jobs by professions and positions, in which the employees are confirmed by the results of attestation special conditions labor that meet the requirements of the lists of industries, jobs, professions, positions and indicators that give the right to an old-age pension for work with special working conditions; 1.2.2. a list of jobs by professions and positions, in which employees, based on the results of certification, have been confirmed the right to additional leave for work with harmful and (or) hazardous conditions labor; 1.2.3. a list of workplaces by professions and positions where, based on the results of attestation, employees are confirmed to have harmful and (or) dangerous working conditions that meet the requirements of the list of industries, workshops, professions and positions with harmful and (or) dangerous working conditions, work in which gives the right to reduced working hours; 1.2.4. a list of jobs by professions and positions, in which, based on the results of attestation, the right to additional payments for work with harmful and (or) dangerous working conditions is confirmed; 1.2.5. a list of workplaces where the results of certification do not confirm working conditions that give the right to an old-age pension for work with special working conditions, additional leave for work with harmful and (or) dangerous working conditions, reduced working hours for work with harmful and (or) dangerous working conditions, higher wages by establishing additional payments for work with harmful and (or) dangerous working conditions, as well as working conditions entailing the obligations of the employer for professional pension insurance workers; 1.2.6. action plan to improve working conditions. 1.3. Consider completed the work of the commission for attestation of workplaces in terms of working conditions. VOTE: "for" - unanimously; "against" - no; "abstained" - no. Chairman Signature V.I.Konoplev Secretary Signature I.I.Petrova The voting results are known to: Signature A.A.Avlasov Signature B.B.

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Documents for certification Table of contents of the article:

General provisions

Certification of employees - effective tool, allowing the employer based on the evaluation labor activity employees (tests of business qualities, level of knowledge, skills) to determine whether they have sufficient qualifications, as well as their compliance with the position or work performed.

Requirements for the qualifications of employees are determined by: an employment contract, job description, local regulations, qualification guides and professional standards.

With a small staff size and without certification, it is easy for an employer to figure out which of the employees adequately performs their job duties and deserves promotion and encouragement, and which regularly makes mistakes and does not bring much benefit. But, the larger the number of employees, the more difficult it is to do this.

For civil servants and budget organizations certain areas of activity, the need for certification and the procedure for its implementation are established by regulatory legal acts. Certification of employees performing labor duties for other employers is not mandatory, is carried out by decision of employers and is regulated by local regulations prepared taking into account the norms contained in the Labor Code of the Russian Federation and other regulatory legal acts.

Taking into account that, following the results of certification, the employer has the right to terminate labor relations with those employees who do not correspond to their position, in order to avoid challenging the procedure and recognizing local regulations as discriminatory and worsening the position of employees, it is recommended to include in internal documents employer norms similar to those contained in the regulatory legal acts that determine the conduct of certification.

You can contact labor law lawyers who also represent the interests of the Customer in the judiciary. The cost of legal advice with the study of documents available to the Customer is 4000 rubles.

Benefits of Certification

The vast majority of employers do not carry out certification of employees, finding this procedure labor-intensive and complicated, and many of those who carry it out often limit themselves to formal collection of papers and signatures, which ultimately does not bring proper results.

At the same time, competent performance appraisal of employees not only brings benefits and gives a real return, but also has great importance for both sides of the employment relationship:

for the employer, this is an opportunity to optimize the use of labor resources, assess the skill level of the team as a whole and each of the employees individually, create additional incentives for professional growth employees and improve their qualifications, form a personnel reserve of the most competent specialists and terminate employment contracts with employees who do not meet the requirements for their position;

for an employee, this is an opportunity to prove to the employer that he is a competent specialist with sufficient qualifications and a high level of professionalism, as well as to prove himself in this capacity and get a promotion.

AT modern conditions certification can also help the employer in determining the system of remuneration of employees, and it is obvious that the assignment of a rank or category based on the results of certification is more objective character than the implementation of these actions at the request of the immediate supervisor or the head of the organization alone.

The tasks of certification

The main objectives of certification are:

establishing the compliance of employees with their positions;

formation of highly qualified personnel;

ensuring the possibility of objective and reasonable movement of personnel;

stimulating the growth of professionalism and the level of knowledge of employees;

determination of the need to improve the skills of employees.

The procedure for certification

To carry out the certification of employees, the employer must approve (as an option - a regulation) that determines:

procedure, terms and forms of attestation;

the composition of the attestation commission and the procedure for its creation;

categories of attested workers;

categories of workers not subject to certification;

criteria for assessing employees: a system for determining the suitability of an employee for the position held by assigning grades and / or points; establishing the number / percentage of correct answers that determine the successful completion of the certification by the employee;

types of decisions made based on the results of certification and the procedure for their adoption;

other provisions conducive to the most effective implementation certification.

The local normative act should provide for clear and precise criteria that allow an objective assessment of business qualities employee (Appeal ruling of Smolensky regional court dated February 24, 2015 in case No.).

It is necessary to familiarize with the local normative act that determines the procedure for the certification of an employee against signature. It should be borne in mind that in the event of a labor dispute, the employer will be required to provide evidence that the employee was made aware of the possibility of assessing the results of his work and personal business qualities in the form of certification and that the results of the certification may be followed by the dismissal of the employee (Definition Supreme Court RF dated 06/04/2004).

As follows from the Appellate ruling of the Moscow City Court dated February 24, 2015 in case No., the fact that the employee is familiar with the employer's order to conduct certification does not indicate that the employee is familiar with the relevant local regulatory act regulating the certification (Regulations). In this regard, the employer needs to have indisputable evidence confirming the familiarization of the employee with all that determine the procedure for conducting attestation, with which the employee must be familiarized against signature.

It is also necessary to take into account that in the absence of provisions in the local regulatory act regulating the timing and procedure for organizing the necessary explanatory and preparatory work organized by the employer in order to inform employees about the tasks, conditions and forms of certification, as well as to identify the most objective picture of the activities of the employee being certified, in the event of a labor dispute, the court may indicate that the employer did not take the necessary actions during the certification and make a decision in favor of the employee ( for example, the Appellate ruling of the Moscow City Court dated February 24, 2015 in case No.).

After the implementation of the above actions, the employer, guided by the local regulatory act, must approve the certification schedule and bring it to the attention of each certified employee no later than one month before the start of the certification. The schedule should indicate the date and time of the certification, as well as the date of submission to the certification commission of all necessary documents. Violation of this obligation by the employer may lead to the recognition of the certification as illegal.

It is advisable to fix the obligation of the employee to undergo certification in the employment contract. If the employee refuses to participate in the certification, this provision of the employment contract will be evidence of the employee's misconduct and the basis for holding the employee liable.

In terms of the employee’s refusal to conduct certification, there is an interesting ruling of the Moscow Regional Court dated 06/10/2010 in the case, which established that the employee, who applied to the court demanding that the certification be recognized as illegal and reinstated at work, during the period of work against signature was familiarized with the current the defendant has a provision on attestation, according to which, if the employee fails to appear without good reason or refuses to attest, the employee is recognized as uncertified, i.e. inappropriate for the position held and subject to dismissal. by order CEO it was planned to conduct a planned certification, with which all employees of the organization were familiarized, including the employee challenging the dismissal. On the date specified in the order, a meeting of employees subject to certification was held, at which the employees were explained the rules, procedure and terms for certification, given approximate tasks / questions, the employee refused to sign the protocol, about which the employer drew up an act. Then a meeting of the attestation commission took place, from the protocol of which it follows that the meeting of the commission was postponed indefinitely, since the employee asked for permission to leave the office and left the territory of the enterprise. It follows from the explanation of the worker that on the day of the certification she waited in the waiting room for 2.5 hours, after which she became ill and went to the hospital. After that, the employee was on sick leave for more than three weeks and returned to work. From the minutes of the meeting of the certification commission, which took place after the worker went to work, it follows that she refused to undergo certification, about which an act was drawn up. Further, according to the certification sheet, the employee was recognized as not corresponding to the position held, as she refused to undergo certification, after which she was notified that there were no vacant positions in the organization and was dismissed from her position on the basis of paragraph 3 of part one of Article 81 Labor Code RF. Following the consideration of this case, the court concluded that the employer had legal grounds for terminating the employment contract with the employee under paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation, since the employee refused to undergo certification.

At the same time, one should also take into account the opposite position of the court, set out in the Appeal ruling of the St. Petersburg City Court dated 07/08/2014 No., according to which:

"The judicial board sees no grounds for reassessing the evidence, since there is evidence that the plaintiff's refusal to undergo certification entailed negative consequences, the severity of which allows us to conclude that the measure taken disciplinary action in the form of dismissal corresponds to the severity of the misconduct, the case materials do not contain and such circumstances are not given in the appeal. While acknowledging the dismissal of C.R.A. unlawful and satisfying the plaintiff's demands for her reinstatement in the state civil service, the court of first instance reasonably recovered from the employer in her favor wages during forced absence."

Frequency of certification

The optimal frequency of certification is no more than once every three years.

Considering that the procedure requires time and creates a tense atmosphere in the team, the establishment of a shorter period seems inappropriate.

It should also be borne in mind that the certification period less than once every three years may be recognized as worsening the position of the employee in comparison with the norms contained in regulatory legal acts. For example, it is precisely this frequency of attestation (three years) that is established for state civil servants, heads of state unitary enterprises, employees of territorial bodies of the antimonopoly service, the FSS of the Russian Federation, etc.

At the same time, before the expiration of three years after the previous certification, an extraordinary certification of employees may be carried out in the cases and in the manner established by the local regulatory act of the employer.

Employees subject / not subject to certification

When determining the circle of employees subject and not subject to certification, it is advisable for the employer to take into account the special guarantees established by regulatory legal acts. LLC "TeKa Group" recommends being guided by the Regulations on the certification of civil servants Russian Federation dated 02/01/2005 (with the possibility of clarification), which established that employees are not subject to certification:

who have worked in their position for less than one year;

over the age of 60;

pregnant women;

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

The composition of the certification commission

As a rule, the composition of the attestation commission is as follows: chairman, deputy chairman, secretary, members of the commission. The chairman of the commission is usually appointed the head of the organization or his deputy, and the members of the commission are the heads of various structural divisions. The recommended number of commission members is from three people, the maximum number of commission members is not limited.

Employers whose activities are in many different areas or have large separate structural divisions in terms of staffing, for the convenience of attestation, can create several attestation commissions (for the head unit and separate structural divisions). At the same time, in the local regulatory act regulating the certification, it is necessary to indicate the procedure in accordance with which separate subdivision a commission is created, to determine the powers of officials, and also to regulate other issues arising in the process of attestation.

Attention! The composition of the attestation commission should include a representative of the elected body of the relevant primary trade union organization (if such a body exists and with the exception of cases when the local normative act does not provide for the dismissal of employees based on the results of the attestation). If during the certification, which served as the basis for dismissal, a representative of the elected trade union body of the relevant primary organization, such dismissal is illegal (Overview of the cassation and supervisory practice of the Judicial Collegium for civil affairs Krasnoyarsk Regional Court for 9 months).

When carrying out attestation in relation to civil servants, in accordance with Article 48 federal law dated July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation", the attestation commission includes a representative of the employer and (or) civil servants authorized by him (including from the department for civil service and personnel, legal (legal) division and the unit in which the civil servant subject to certification replaces the position of the civil service), a representative of the relevant management body public service, as well as representatives of scientific and educational organizations, other organizations invited by the civil service management body at the request of the employer's representative as independent experts - specialists on issues related to the civil service, without indicating the personal data of the experts. The number of independent experts must be at least one quarter of the total number of members of the attestation commission.

Feedback on an employee

During certification milestone is the training (characteristics) for the certified worker. The employee’s immediate supervisor can best evaluate the employee’s activities, using the following criteria and indicators established by a local regulatory act when preparing a review:

quality of performance of tasks;

performance indicators for the period that has passed since the last certification;

professional knowledge, skills, abilities, competence;

degree of realization of professional experience;

business qualities: organization, responsibility, diligence, labor intensity, independence in decision-making, etc.;

moral and psychological qualities: the ability to self-esteem, adaptability, culture of thinking and speech, etc.;

a specific list of the most important issues in which the certified employee took part;

incentives and rewards.

The employee should be familiarized with the review against signature.

Forms of certification

To obtain an effective result, TeKa Group LLC recommends employers to use the following forms of certification:

1. Oral form in the form of an individual interview

An individual interview is conducted by the immediate supervisor during the preparation of a review for the employee.

In the course of an individual interview, the employee is explained the grounds and procedure for the certification, the responsibility for the employee’s failure to appear for certification, clarifies with the employee and enters in the recall information about the employee’s attitude to his position and the work performed, as well as labor function complexities and problems requiring any decisions on the part of the employer.

2. Oral form in the form of a peer interview

A collegiate interview is conducted by the attestation commission after consideration of all the submitted materials. The interview should be conducted in a calm atmosphere, excluding nervousness, so that the employee has the opportunity to feel confident and worthy of participating in the dialogue.

During the collegiate interview, the members of the commission listen to the messages of the certified employee and clarify the information they are interested in. The commission may invite the employee to independently evaluate his work for the period subject to certification and listen to his opinion on what the maximum result of his activity could be, and if such a result is not achieved, what exactly the employer can do to achieve it.

If the employee finds it difficult to answer any questions, the employer should not insist on the mandatory provision of an answer. The main tasks of the commission are: to listen to the employee; assess the level of his preparedness and compliance with the position; identify the problem and its causes; draw appropriate conclusions and make the necessary decisions.

3. Written form in the form of tests filled out by the employee

This form certification is the most objective, since it provides an equal approach to assessing the level of professional training and knowledge of each certified employee. involves a thorough organizational preparation, including the formation of a list of questions and the approval of certification tests.

The number / percentage of correct answers that determine the successful completion of the certification by the employee must be set in advance. The questions included in the tests must correspond to the profession (specialty) and qualifications of the certified employee. Over time, which implies the development of areas of society, the questions in the tests should be updated.

The performance appraisal of employees is usually accompanied by a record, in which all the information obtained during the procedure is entered. In accordance with the Order of the Ministry of Culture of the Russian Federation of August 25, 2010 No. 558 "On approval of the List of standard managerial archival documents generated in the course of activity government agencies, local governments and organizations, indicating the periods of storage", minutes of meetings, resolutions of attestation commissions are stored for 15 years (at enterprises with difficult, harmful and dangerous working conditions - permanently).

It should be borne in mind that if the employer considers the information provided by the employee during the certification to be incomplete or not corresponding to reality (incorrect), in the documents drawn up by the employer (certification sheet / protocol / written test of the employee, etc.), it is advisable to indicate in detail in what exactly are the claims to the information provided by the employee, and what information should have been provided to them. So, for example, from the Appeal ruling of the Moscow City Court dated February 24, 2015 in case No., by which the dismissal of an employee under paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation was declared illegal, it follows that:

“In justification for the legality of the dismissal, the defendant also referred to the fact that G. could not give a complete and correct answer to any of the seven questions put to her during the attestation. Meanwhile, from the examination sheet with answers submitted by G. (l d. 101) it is impossible to draw a conclusion about the correctness or incorrectness of the plaintiff's answers to the questions raised, from the testimony of the chief accountant F. interrogated at the court session as a witness, who was a member of the attestation commission, it is also impossible to conclude what the incorrectness or incompleteness consisted of G.'s answers to the questions posed and to what extent G.'s answers objectively testify to the inconsistency of the plaintiff with the position of an accountant.

Guarantees of objectivity of certification

The objectivity of the certification of employees is guaranteed by the following conditions:

1. Collegiality of inspectors

Provides a comprehensive and objective review of documents reflecting the employee's labor activity, an unbiased assessment of the level of his qualifications when deciding on the compliance / non-compliance of the employee with the position held and the work performed.

The commission should not be formed on the principle of including most administration representatives. The commission should include the most experienced specialists and representatives of the trade union, who have a high level of qualification, firmness of character and who have a reputation as people who are not conflictual, devoid of a preconceived point of view, polite and tactful.

If necessary, a local regulatory act may provide for the possibility for the employer to include specialists from third-party organizations in the attestation commission.

The employer should keep in mind that in the event of a labor dispute, members of the commission may be summoned to court as witnesses to give explanations regarding the performance appraisal of the employee, and in this case they will have to substantiate the employer's arguments why the employee could not be considered as having passed the appraisal. And members of the commission may not always carry out such actions, which is reflected in court decisions - for example, according to the Appeal ruling of the Moscow City Court dated February 24, 2015 in case No., in support of the legality of the dismissal, the defendant referred to the fact that none of the seven questions, during the certification she could not give a complete and correct answer. Meanwhile, from the examination sheet with answers presented in the case file, it is impossible to draw a conclusion about the correctness or incorrectness of the plaintiff's answers to the questions raised; what were the incorrectness or incompleteness of the plaintiff's answers to the questions posed and how her answers objectively testify to the inconsistency of the plaintiff's position as an accountant. Substantiating the arguments about the existence of grounds for the dismissal of the plaintiff, the defendant referred during the consideration of the case to the fact that during the period of work she repeatedly failed to cope with the work assigned to her, while these arguments of the defendant were not confirmed by any objective data. As follows from the materials of the case, during the period of work of the plaintiff, not a single disciplinary sanction was applied to her for improper performance of the tasks assigned to her. job duties, in 2009, the plaintiff increased the level of ETS for the purpose of remuneration, and memos with comments on the unsatisfactory work of the plaintiff from the chief accountant addressed to the director of the institution began to appear from 12/25/2013, i.e. shortly before the certification.

3. The invariance of the requirements for the certification procedure

The procedure, conditions, criteria and terms for the certification of employees, determined before the start of the certification, must remain unchanged until the end of the procedure.

The possibility of personal presentation of additional requirements to employees should be excluded, questions and tests should be standardized, bias and / or the provision of preferences on the part of members of the commission and the immediate supervisor should be suppressed.

4. Responsibility for violation of the certification procedure

Taking into account that the actions of the members of the attestation commission that violate the established procedure for conducting attestation are improper performance of labor duties, entail the risk of loss of professional staff and the emergence of a labor dispute, in case of violation of the rights of the attested employee, the perpetrators should be brought to disciplinary responsibility.

The employer can also fix this provision in the local regulatory act regulating the certification procedure.

Types of decisions based on the results of certification

Based on the results of the attestation in relation to each of the attested employees, depending on the assessments received during the procedure, the commission may take one of the following decisions:

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

the employee corresponds to the position held and is recommended for inclusion in the personnel reserve to fill a vacant position in the order of promotion;

the employee corresponds to the position;

the employee does not fit the position.

It should be noted that in relation to civil servants, the law provides for one more solution - it corresponds to the civil service position to be occupied, subject to successful completion professional retraining or advanced training.

Inconsistency of the employee with the position

In the event that, based on the results of the attestation, the commission found that the employee is not suitable for the position held due to insufficient qualifications, labor contract may be terminated in accordance with paragraph 3 of the first part of Article 81 of the Labor Code of the Russian Federation.

Paragraph 31 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated states that the conclusions of the attestation commission on the business qualities of the employee are subject to evaluation in conjunction with other evidence in the case. Thus, in order for dismissal on this basis to be recognized as legal, it is necessary that the documents submitted to the certification commission and confirming the lack of qualifications of the employee contain objective and reliable information. These can be certificates or memorandums of non-compliance by the employee with labor standards without good reason, certificates of marriage, protocols on untimely or poor-quality performance of tasks by the employee and violations and mistakes made by the employee in the process of work.

If the court finds that the content of the minutes of the meeting of the attestation commission in conjunction with other evidence submitted by the employer does not provide grounds for confirming the fact that the employee does not comply with the position held, then the dismissal cannot be recognized as legal and justified and the employee is subject to reinstatement in his previous job (for example, the Appeal ruling Omsk Regional Court dated April 22, 2015 in case No.).

It should be borne in mind that if the employer believes that the employee is not suitable for the position due to his lack of education and / or qualifications, then the employer must have weighty and reasonable evidence to support this position. So, for example, in the Appeal ruling of the Moscow City Court dated February 24, 2015 in case No., according to which the dismissal of an employee under paragraph 2 of part one of Article 81 of the Labor Code of the Russian Federation was declared illegal, the following is indicated:

“Objecting to the claim, the defendant, during the consideration of the case, referred to the fact that G. did not have a special education and did not correspond in his qualifications position of an accountant. Meanwhile, as follows from the job description of the accountant, approved by the director of the GAUK of Moscow "PKiO" ***", a person with a secondary vocational (economic) education is appointed to the position of an accountant in this area without presenting requirements for work experience or special training in the established program and work experience in accounting and control for at least 3 years. This requirement corresponds Qualification Handbook positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37. As follows from the case file, in 1997 G. graduated from accounting courses, i.e. had special training according to the established program. At the time of certification, her work experience as an accountant was 13 years 04 months. 04 days, i.e. in terms of its qualification characteristics, G. met the requirements."

In the event that, based on the results of the attestation, the commission revealed a discrepancy between the employee and the position held or work performed due to insufficient qualifications, and the employer plans to terminate the employment relationship, he is obliged to offer the employee another job he has in the area as a vacant position or a job corresponding to the qualifications of the employee, as well as a vacant lower position or lower-paid work that an employee can perform taking into account his state of health (part 3 of article 81 of the Labor Code of the Russian Federation). The employer is obliged to offer vacancies in other localities only if it is provided for collective agreement agreements, employment contracts.

The proposal of the employer, as well as the consent of the employee or his refusal to be transferred to another position, must be made in writing. The text of the notification of the employee about the transfer to another job due to his inconsistency with the position held may be as follows:

"Dear Ivan Ivanovich!

We hereby inform you that based on the results of the attestation of employees of "____" _______ 20___ at TeKa Group LLC, your inconsistency with the position held by ____________ was established, and by order dated "____" _______ 20___ No. _____, the possibility of your transfer with your consent to another position was determined.

We provide you with a list of vacant positions to which transfer is possible, and we inform you that in case of refusal to transfer, the employment contract may be terminated in accordance with paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation:

1. ________ - official salary of 30,000 rubles;

2. ________ - official salary of 25,000 rubles;

3. ________ - official salary of 20,000 rubles.

If you agree with the transfer, please indicate the desired position, in case of refusal to transfer, inform about it by putting the appropriate mark in this notice.

With the transfer to the post ________ from official salary ________ rubles agree ________ (employee's signature)

I refuse to transfer to the proposed positions ________ (employee's signature)"

With the consent of the employee with the transfer to another position, a supplementary agreement to the employment contract and the employer issues an order to transfer the employee to another job, and appropriate entries are made in the work book and personal card of the employee of the T-2 form.

If the employee does not agree with the transfer to another job and / or the employer does not have corresponding vacancies, the employer may decide to terminate the employment contract. In this case, an appropriate order is issued and work book the following entry is made:

"The employment contract was terminated due to the inconsistency of the employee with the position held due to insufficient qualifications, confirmed by the results of certification, paragraph 3 of the first part of Article 81 of the Labor Code of the Russian Federation"

It should be borne in mind that the employment contract on this basis cannot be terminated during the period of temporary disability of the employee or during his stay on vacation (part 6 of article 81 of the Labor Code of the Russian Federation), as well as with pregnant women and women with children under the age of three years, single mothers raising a child under the age of 14 (a disabled child under 18), other persons raising these children without a mother, a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of 18 or the sole the breadwinner of a child under the age of three in a family raising three or more young children, if the other parent (other legal representative of the child) is not in labor relations. (Article 261 of the Labor Code of the Russian Federation).

If an employee who is a member of a trade union is to be dismissed on the indicated grounds, it is necessary to take into account the elected body of the primary trade union organization in the manner prescribed by Article 373 of the Labor Code of the Russian Federation - for example, in the Ruling of the Moscow City Court dated March 30, 2011 in the case, it is indicated that from the minutes of the meeting trade union committee it follows that a representative was delegated to the attestation commission from the trade union committee, however, his signature is not seen from the attestation sheet. Also, the employer did not provide evidence that an additional consultation was held with the elected body of the primary trade union organization, given that the elected body of the primary trade union organization expressed disagreement with the alleged dismissal of the employee by the defendant. In connection with the said court, it was decided to recognize the dismissal of the employee as illegal and reinstate him at work.

Termination of an employment contract with employees under the age of 18 is possible subject to the general procedure and only with the consent of state inspection labor and commission for minors and protection of their rights.

Signing of documents by an authorized person

It should be borne in mind that all documents, including local regulations, notifications and other documents must be signed by persons having. For example, the Ruling of the Moscow Regional Court dated June 1, 2010 in case No. 33-8370 states the following:

"if a local normative act is approved not by the employer, who should be considered the general director of the organization, but by another person, it is necessary to establish whether this person, in this case the director of the branch, has the authority to adopt such an act. As seen from the case file, the company did not develop and did not adopted a local regulation on the procedure for attestation of workers. legal entity, acts in accordance with the regulation, which provides for the powers of the director of the branch, however, such powers as the development, adoption and approval of local regulations are not provided among them. There are no such powers in the power of attorney issued to the director of the branch on behalf of the general director of the organization. Thus, the director of the branch was not entitled to issue an order to approve the regulation on attestation. Based on the foregoing, the dismissal of an employee under paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation was declared illegal.

Dismissal of a civil servant

As stated in the Bulletin judicial practice Omsk Regional Court No. 3 (44) for 2010, according to the rules of part 17 of Article 48 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" in case of refusal of a civil servant from professional retraining, advanced training or transfer to another position, the representative of the employer has the right to release the civil servant from the position to be replaced and dismiss him from the civil service. From the literal content of the above rule of law, it follows that it does not provide for the possibility of dismissal of an employee directly on the basis of the results of certification.

The list of decisions that can be taken by an employer in relation to a civil servant based on the results of attestation is defined in part 16 of Article 48 of the Federal Law of July 27, 2004 No. 79-FZ, which provides that a civil servant:

1) is subject to inclusion in the personnel reserve to fill a vacant position in the civil service in the order of promotion;

3) is demoted in the civil service and is subject to exclusion from personnel reserve if it is in it.

Illegal actions during certification

Many employers expect to conduct certification in order to get rid of objectionable employees, regardless of real indicators their labor activity. However, it is hardly possible to solve the problem of subjective hostility by conducting certification, since such actions are illegal, it is almost impossible to hide the real motive for conducting certification, which means that the employer will not be able to avoid problems in the event of a labor dispute.

To influence the decision of the commission in order to underestimate the final assessment of the results of the work of an employee, not only the employer can use the administrative resource, but also a biased attitude towards the employee on the part of his immediate supervisor.

To avoid this, the employee is given the right to familiarize himself with the review of the immediate supervisor, after which the employee has the right to submit to the certification commission a statement of his disagreement with the review or explanatory note for a review. Also, the employee can submit to the certification commission additional information about their work, for example, reports on completed tasks, the final results of their activities, written explanations of other employees, and so on.

Often, before certification, an employee is deliberately given instructions that are either obviously impossible to fulfill or do not correspond to his position, profession, qualifications. In order to prevent such violations, the certification commission must make sure that the employee has both an obligation and a real opportunity to perform the work assigned to him.

If such actions are not carried out or such inconsistencies are ignored by the commission, the recognition of the employee as inappropriate for the position held is illegal.

Also quite common violations of the certification procedure are:

conducting certification in violation of the established frequency of its implementation;

violation of the deadlines for warning employees about the upcoming certification;

certification of employees who are not subject to certification;

preparation of a review that is biased or not supported by reliable evidence, for example, with an indication of improper performance of duties without any specification of the facts of such non-performance;

failure to familiarize the employee with the review;

violation of the procedure and conditions for voting by members of the commission;

the absence in the attestation commission of specialists in those areas to which the certified workers belong;

dismissal of employees in cases where certification was not carried out.

As one of the examples of illegal actions of the employer during the certification of employees, one can cite the wording from the Appeal ruling of the Smolensk Regional Court dated February 24, 2015 in case No., which states the following:

"Recognizing the results of the attestation dated 06/18/2014 as unfounded, the court proceeded from the fact that the attestation materials do not contain references to the normative legal act regulating the procedure for attestation of the Museum's employees (Regulations on the attestation of employees, approved by the Museum director on 01/25/2013); in the attestation sheet and decision of 06/18/2014 there is no indication of the criteria that guided the attestation commission, assessing the compliance of the plaintiff with the position (work performed); conclusions about gross violations by the plaintiff labor law and instructions for museum activities are not motivated, not supported by objective data; the decision was not adopted unanimously (5 - for, 2 - abstained); it is not taken into account that during the period of work at the Museum the plaintiff had a number of rewards, was awarded diplomas for many years of conscientious work, including the Certificate of Honor of the Ministry of Culture of the RSFSR for her great contribution to the development of culture; does not take into account the fact that the plaintiff has higher education in the specialty "teacher of history and social studies" (in 1979 she graduated ... from the State Pedagogical Institute named after K. Marx), which does not prevent her, in accordance with the job description, from holding a position ... in the historical department of the Museum. Moreover, from the attestation sheet, it is essentially seen that the reason for the negative assessment was not the plaintiff's business qualities, but her conflicting nature and uncompromising nature.

Dismissal if certification was not carried out

The Decree of the Plenum of the Supreme Court of the Russian Federation No. 4 states that an employer is not entitled to terminate an employment contract with an employee in accordance with paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation, if this employee has not been assessed or the certification commission has come to the conclusion that the employee complies with the position held or performed work.

These explanations of the Plenum of the Supreme Court of the Russian Federation are not unfounded, since cases when employees are dismissed under paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation without certification are not uncommon.

In particular, such a situation was considered by the St. Petersburg City Court, which, in the cassation ruling dated February 1, 2011 No. 33-424 / 2011, indicated that the employee was dismissed under paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation due to inconsistency with the position held, while At the same time, certification for compliance of the plaintiff with the position held or the work performed was not carried out. In justification for the dismissal, the employer referred to the absence of the petitioner's certificate "Nursing in Dentistry". Under these circumstances, the dismissal of the employee was declared illegal.

A similar situation was considered by the St. Petersburg City Court, which, in Ruling No. 4276 dated April 1, 2008, indicated that the dismissal of an employee from his position on the grounds provided for in paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation was carried out by the employer in violation of the procedure established by Article 81 of the Labor Code RF, namely: the insufficient qualification of the employee is not confirmed by the results of certification; Evidence showing that the employee refused to be transferred to another job or the employer did not have the opportunity to transfer the employee with his consent to another job in the same organization is not presented by the employer; the grounds for dismissal are not indicated in the dismissal order, i.e. there is no reference to documents with a number and date that are the basis for dismissal, which is prerequisite for registration of dismissal; the employee was not familiar with the dismissal order and also he was not familiar with the internal labor regulations and other local regulations of the employer, including the regulation on the certification of employees. Under these circumstances, the court reasonably issued a decision to reinstate the employee at work.

Another case was considered by the Judicial Collegium for Civil Cases of the Penza Regional Court - Ruling dated 12/10/2002 in case No. insufficient qualification of the plaintiff, before his dismissal was not carried out. The certification commission was not created by the employer, the regulation on certification was not developed and approved. The Employer's Tariff and Qualification Commission was not entitled to decide whether the employee complied with or did not comply with the position held, in addition, it met in an unauthorized composition. The employer's argument that certification is carried out in the manner prescribed by the rules for organizing, working with personnel at enterprises and institutions of energy production, approved by the President of RAO UES, contradicts Article 11 of the Labor Code of the Russian Federation, in accordance with which the Labor Code of the Russian Federation, laws and other regulatory acts containing norms labor law, are mandatory for use throughout the Russian Federation for all employers (legal or individuals) regardless of their organizational - legal forms and forms of ownership. Thus, other tests of the knowledge and qualifications of the employee, which were carried out by the employer, cannot be the basis for the dismissal of the employee due to insufficient qualifications, confirmed by the results of the certification.

Given the above, employers should not expect that holding a "fictitious" attestation without complying with all the requirements of the law will make it possible to accomplish the task of parting with an objectionable employee.

Certification in the absence of an employee

Employers should not conduct appraisal in the absence of the employee in cases where there is no conclusive evidence that the employee was notified of the date of the appraisal.

As follows from the Ruling of the Moscow City Court dated 08/03/2010 in case No. 33-23042, when the employer carried out certification, the meeting of the certification commission scheduled for 03/03/2009 was postponed to 03/16/2009 due to the absence of the certified employee. On 03/06/2009, the employer wrote a notice addressed to the employee about the need to arrive on 03/16/2009 for certification. On March 12, 2009, the employer drew up an act stating that the employee refused to receive a notice of certification on March 16, 2009, and on the same day a meeting of the certification commission was held in the absence of the employee, at which the commission decided that the employee of the position held was not corresponds, there is no other available position corresponding to the qualifications of the employee in the institution, therefore, the employee must be dismissed from his position on the basis of paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation.

The court, due to the employer's lack of confirmation of the fact that the employee was notified of the ongoing certification, the dismissal of the employee under paragraph 3 of the first part of Article 81 of the Labor Code of the Russian Federation was declared illegal and the employee was reinstated.

Services LLC "TeKa Group"

Employees who are recognized by the results of the certification as not corresponding to their position may not agree with the opinion of the certification commission and the decision of the employer to terminate the employment contract under paragraph 3 of part one of Article 81 of the Labor Code of the Russian Federation.

In the event that an employee dismissed on this basis goes to court, the employer will have to prove the fact of inconsistency with his position or work performed, and this will require flawlessly executed documents that must be prepared during the certification process.

The employer should not expect to produce Required documents he will be able to in preparation for the trial, even if only because many of these documents must contain the signature of the employee, which is not possible to obtain later. Thus, the employer should take the certification procedure as seriously as possible from the very beginning.

In the event that the employer's staff does not have specialists with certification experience, the employer should contact TeKa Group LLC in order to obtain the necessary and organizational assistance on the certification of employees.

Any question that has arisen on this topic, you can discuss on the TeKa Group forum in the "" section.