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If the competition did not take place to fill the vacant position. Regulations on the procedure for holding a competition for filling vacant positions of scientific workers. Personnel reserve in the state civil service and managerial personnel reserve

The study of the competition procedure in practice showed the inefficiency and ineffectiveness of the legal norm introduced by the legislator on holding a meeting of the competition commission in the presence of two candidates. It is necessary to develop and legally establish a different procedure for the competition procedure, which consists in the sufficiency of having one candidate in order to consider the competition valid, and the expediency of holding a meeting of the competition commission if there is one candidate. Taking into account the etymology of the term "competition", which implies the presence of exactly two competitors and does not allow the participation of one applicant, the possibility of using a different term is considered - " State exam upon admission to the civil service.

So, despite the fact that the relationship between civil servants and the state is usually called public-service relations, in the case when an application for participation in the competition is submitted by a citizen, and not a civil servant, these legal relations cannot be called public-service relations. possible.

Public relations in the field of the competitive procedure for filling a vacant position in the federal state civil service have signs of legal relations. Accordingly, it is advisable to single out the legal relationship that arises in the course of the competitive procedure as an independent type of legal relationship that arises upon admission to the federal state civil service, and call it a competitive legal relationship.

Based on the results of the first stage of the competition, three “refusal” decisions can be made: on refusal to accept documents, on refusal to participate in the competition, on non-admission to participate in the competition. It is not clear from the text of the Competition Regulations whether these decisions are within the competence of the competition commission or the representative of the employer.

The decision to refuse to accept documents, to refuse an applicant to participate in the competition and (or) admission to participate in the competition is focused on the Federal Law "On the State Civil Service Russian Federation”and the Regulations on the competition and is rather formal, and not evaluative. In this regard, it is necessary to amend the Competition Regulations by setting out one of the paragraphs in the following edition (Appendix No. 5). Having revealed that the decisions of the competition commission based on the results of the competition, taken by open voting, suffer from bias, we came to the conclusion that the decisions of the competition commission must be taken by secret ballot by a simple majority of its members present at the meeting.

It is important to know that the legislator has not set a period between the deadline for accepting documents and the date of the second stage of the competition.

This period has not been established, since the representative of the employer has been given time to verify the accuracy of the information and to issue, if necessary, access to information constituting state and other secrets protected by law.

If the winner of the competition changed his mind about entering the public service, he has the right to refuse the appointment by issuing a written application addressed to the representative of the employer. In this case, the representative of the employer has the right to consider this position as vacant and re-announce a competition for its replacement. This nuance must also be spelled out in the Competition Regulations.

The norm of the Regulations on the competition, which contains the right of the representative of the employer to decide on holding a repeated competition in connection with the failure to identify the winner, does not correspond to the essence of the competition, since it is dispositive in nature. Clause 15 of the Regulations on the competition must be amended, setting it out as follows: “If, as a result of the competition, no candidates were identified who meet qualification requirements to the vacant position of the civil service, for which he was announced, the representative of the employer decides to hold a repeated competition in the manner prescribed by these Regulations.

In addition, it is necessary to state in the Competition Regulations that the next competition for existing vacancies must be announced no later than 15 calendar days after the previous one.

Act federal body executive authority on appointment to a position based on the results of a competition is an individual written legal act of local management, effective from the date indicated in the act itself.

For the emergence of service relations, a complex legal composition is required: a decision of a collegiate body represented by a competition commission, a decision of the individual nature of the representative of the employer, a decision of two equal parties in the form of a service contract. Only all these three elements together are the basis for the emergence of a service relationship that connects the representative of the employer with a specific person who has acquired the status of a public civil servant.

We propose to amend the Federal Law “On the State Civil Service of the Russian Federation” accordingly.

So, it is necessary to exclude official regulations from among essential conditions, including in the named law the norm of the following content: "Job regulation is an annex to the service contract, its integral part."

It is absolutely necessary at the legislative level, by analogy with the approved exemplary form of a service contract for the passage of the state civil service of the Russian Federation, to approve a standard (or exemplary) form of official regulations for a state civil servant of the Russian Federation.

It is necessary to make additions to the Federal Law "On the State Civil Service of the Russian Federation" by setting out one of the norms of Art. 27 as follows: “When concluding a fixed-term service contract for a period of one to two years, the probation cannot exceed three months. When concluding a fixed-term service contract for a period of two to five years, the probation may not exceed six months.

Due to the fact that the test can be established, including when transferring a civil servant from one position to another, the title of the article federal law“On the State Civil Service of the Russian Federation” should read as follows - “Test when replacing a civil servant with a civil service position”.

In order to attract young personnel with the appropriate level vocational education it is advisable to issue a separate regulatory legal act that regulates the mechanism for entering the federal state civil service specifically for graduates of higher educational institutions.

A citizen entering the civil service, when concluding a service contract, presents a certain package of documents to the representative of the employer.

In paragraph 4, part 2 of Art. 26 of the Federal Law "On the State Civil Service of the Russian Federation" should be amended in terms of representation by a citizen not only work book, but also other documents confirming the labor (service) activity of a citizen.

Part 2 Art. 26 of the Federal Law "On the State Civil Service of the Russian Federation" should be supplemented with a rule on the need to submit a document confirming that a citizen does not have a disease that prevents entry into the civil service or its passage.

In connection with the foregoing, we came to the conclusion that it is advisable to develop and adopt three basic legislative documents in the field of government controlled and state civil service:

1) a comprehensive legislative act regulating the organization and conditions for the passage of the state civil service;

2) a law approving the registers of public positions and positions of the state civil service;

3) a legislative act that provides guarantees for the activities of persons holding public office, in view of the fact that federal legislation does not regulate the issues of guaranteeing the activities of persons holding public positions in constituent entities of the Russian Federation.

The main areas of reform and development of the state civil service in the region also include:

Improving the training, retraining and advanced training of civil servants;

Creation of material and technical conditions for the effective functioning of the state civil service;

Formation of the management system of the state civil service.

Without a full-fledged management system, it is impossible to ensure effective reform of the civil service.

The management system of the civil service is necessary to ensure the unity of the state civil service, the interaction of state bodies with civil society structures, the coordination of the activities of state bodies on the issues of entering the state civil service, passing and terminating the state civil service, as well as professional development government civil servants.

In order to form and operate the system of management of the civil service, as well as to ensure compliance with the unity of the principles of the state civil service established by the Federal Law, a state body for the management of the civil service should be created in the region. It is most logical to call such a body the State Inspectorate for the Management of the Civil Service. Draft law "On government agency for the management of the civil service” has already been developed. However, its submission to the regional parliament is seen as premature due to the lack of a federal law regulating relations related to the basic principles for the creation and organization of the federal body for the management of the civil service.

Coordination of the activities of state bodies in dealing with issues of entering the civil service, passing and terminating the civil service;

Formation and use of a personnel reserve of civil servants to fill positions in the civil service;

Maintaining a register of civil servants;

Training, retraining, advanced training and probation of civil servants;

Legal, organizational and methodological and Information Support activities of divisions of state bodies on issues of civil service and personnel;

Implementation of intradepartmental control over compliance with federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts on civil service in state bodies;

Control over the provision of public social guarantees persons dismissed from the civil service, provided for by law; - provision of programs for the reform and development of the civil service; - interaction with the federal state body for the management of the state civil service.

The State Inspectorate should become a permanent conductor of the adopted legislative decisions on reforming the state civil service, effective tool overcoming its internal inertia, as a counterbalance to departmental policy. State Inspectorate the right to issue official clarifications and instructions on the application of legislation on the civil service, to adopt model interdepartmental normative acts, administrative and job regulations, and official regulations, binding on all state bodies, should be granted). It should be directly involved in the development and implementation of a regional program for the development of the civil service, in conducting appropriate experiments, introducing new personnel technologies, progressive forms and methods for assessing and stimulating the work of civil servants.

Casting legislative framework of the state civil service in accordance with federal legislation and the formation of a system for managing the state civil service will also ensure the prestige of the state civil service, its openness in the interests of the development of civil society, increase the efficiency of the civil service, optimize the cost of maintaining civil servants and develop the resource support of the state civil service.

METHODOLOGY OF COMPETITION FOR A VACANT POSITION IN THE STATE CIVIL SERVICE

A civil servant (citizen) is not allowed to participate in the competition due to his non-compliance with the qualification requirements for the position of the civil service, for which the competition is being held, as well as in connection with the restrictions established by the legislation of the Russian Federation on the civil service for entering the civil service and its passage, of which he is notified in writing with an explanation of the reasons for the refusal and an explanation of the procedure for returning documents, appealing the decision.

An applicant for filling a vacant position in the civil service, who is not allowed to participate in the competition, has the right to appeal this decision in accordance with the legislation of the Russian Federation (clause 18)

The decision on the date, place and time of the second stage of the competition is made by the director of the Federal Agency for Special Construction after verifying the accuracy of the information provided by applicants for filling a vacant civil service position, if there are at least two civil servants (citizens) admitted to participate in the competition (hereinafter referred to as - candidates), as well as after obtaining, if necessary, access to information constituting state and other secrets protected by law. Simultaneously with the adoption of the decision, candidates are sent a written notification of the date, place, time and conditions of its implementation.

Candidates may be notified at the same time orally. Oral notification of candidates about the date, place, time and conditions of its holding is made by the secretary of the competition commission.

The date of the second stage of the tender must be set no less than 15 days from the date of the decision (clause 20).

Prohibition of reduction during the period of verification current legislation not provided.

Article 80 of the Labor Code of the Russian Federation provides: when taking measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code. About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal. The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. In the event of a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, collective agreement, by agreement.

The procedure for appealing a dismissal order is regulated by Article 392 Labor Code RF. The term for applying to the court to appeal the dismissal is one month and is counted from the moment when the employee received a copy of the dismissal order or work book.

Taking into account the established long-term practice, election by competition should be carried out at a meeting of the Academic Council educational organization.

According to part 4 of Art. 26 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”, the Academic Council, along with general meeting(conference) of employees and students refers to the collegial management bodies of the organization implementing educational programs higher education and additional professional programs.

If the charter of such an organization states that the competitive election for the positions of assistants, teachers, senior lecturers and associate professors is carried out at the academic council of the faculty (institute), then discussion and competitive selection for these positions should be held at the academic council of the faculty (institute).

At the same time, the academic council may offer the participant of the competition to conduct trial lectures or other training sessions (clause 11 of the Regulations). The subject and volume of trial classes are established by the educational organization, taking into account the wishes of the applicants.

How is the winner of the competition for the teacher determined?

The decision of the Academic Council is made by secret ballot.

Before it begins, a counting commission consisting of at least three people is elected from among the members of the Academic Council to count the votes. For each candidate who took part in the competition, the voting results are announced separately. Protocol counting commission approved by the academic council of the educational organization and attached to the competition materials.

When applicants (two or more) participating in the competition receive an equal number of votes, a second vote is held at the same meeting of the Academic Council. If none of the applicants received more than 50% of the votes, the competitive selection is recognized as failed - the educational organization announces a new competition.

An applicant who has received by secret ballot more than half of the votes of those who took part in the voting with a quorum of two-thirds of the list of the Academic Council is considered to have successfully passed the competitive selection.

In the event that the voting was carried out on the only contender from outside and he did not score required amount votes, the competition is declared void. If the only candidate is a teacher working in this educational organization, then in case of non-election by competition, the employment contract with him is terminated under paragraph 2 of part 1 of Art. 77 of the Labor Code of the Russian Federation (expiration employment contract), and the competition itself is also declared invalid.

The decision of the academic council on the election of a person to a certain professorial and teaching position - legal fact, on which the rector of an educational organization relies when concluding an employment contract with the winning participant of the competition.

After a decision is made to elect one of several applicants to the position, both the subject composition and the content of competitive legal relations change. From this moment, the educational organization is bound by certain obligations only with a specific participant in the competition, elected by the Academic Council. For this applicant, competitive legal relations are transformed into labor relations, and for all the others they are terminated.

note
Absence of the applicant for the academic council is not an obstacle to the competition.

Legal relations with those participants who did not pass the competition are terminated. Each of them is given a reasoned conclusion of the academic council of the educational organization on the election of a specific participant in the competition. It seems that a reasoned opinion on the results of the competitive selection should be sent to interested parties within a week. Documents previously submitted by applicants who have not passed the competition may be returned to them upon their written application immediately after the completion of the selection procedure.

Thus, the decision of the academic council on the election of a particular applicant terminates the legal relationship (between the educational organization and the participants in the competition), which arose and developed before its adoption.

The decision of the academic council is approved by the order of the rector.

Situation

By decision of the council, the applicant was elected to the position. Can the rector disagree with such a decision?

The decision of the academic council on the election of a candidate for a specific pedagogical position is a legal act binding on the rector. Since the decision of the academic council is binding on the rector, if it is adopted without any violation of the current Regulations on the competition, the rector will not be able to challenge the act of election. He can not approve the decision of the Academic Council only in connection with a violation of the procedure for conducting a competitive selection. Therefore, the rector is obliged to give objective assessment the results of the competition, i.e. to approve the decision made by the Academic Council.

The approval by the rector of the council's decision (by the way, this procedure is not mentioned in the Regulations) is, by its legal nature, an act of management, a form of exercising power. At the same time, powers of authority are manifested in relation to the elected representative body - the academic council, and not to the elected applicant and are administrative and legal. And the relations between the winning participant of the competition and the educational organization, arising on the basis of the act of election, belong to the field of labor.

Conclusion of an employment contract with a teacher

After the academic council makes a decision to elect a candidate through a competition, both parties - the elected candidate and the educational organization represented by the rector representing its interests - must express mutual consent to the establishment of labor relations. This happens at the stage of discussion and conclusion of an employment contract.

Situation

Having passed the selection, the applicant stated that he had simultaneously participated in another competition, according to the results of which he was also elected to the position. Can he refuse to conclude an employment contract with us and go to work in another organization?

An applicant who has successfully passed the competition is in no case obliged to conclude an employment contract with an educational organization. Even if he originally intended to do this, he can change his mind at any time and refuse to participate in the competition, and even more so from concluding an employment contract.

At the same time, no one forbids participating in the competition at the same time in two or more educational organizations, and subsequently choosing which one to conclude an employment contract with.

The period during which a candidate elected by competition can apply for the conclusion of an employment contract with an educational organization is specified (limited) in clause 17 of the Regulations. The position of a scientific and pedagogical worker is again declared vacant if, within 30 calendar days from the date of the adoption of the relevant decision by the academic council of the educational organization, the person who successfully passed the competition for the position for the first time did not conclude an employment contract with the employer on his own initiative.

The applicant’s failure to appear within the specified period to conclude an employment contract subsequently deprives him of the right to demand that the educational organization conclude an agreement on the basis of an act of election by competition, which simply loses its legal significance.

Problem

Previously, in order to consider the documents of the participants in the competition, the academic council of an educational organization (faculty, institute) elected by secret ballot at academic year the commission for the replacement of positions of scientific and pedagogical workers (hereinafter referred to as the competition commission). The competition commission studied the materials received from the participants of the competition, and submitted to the academic council a reasoned recommendation in writing for each applicant. In fact, she represented an advisory body under the rector (dean of the faculty, director of the institute), designed to provide needed help in the selection of highly qualified personnel for an educational organization.

On the one hand, the commission had the right to demand clarifications from the participants of the competition on any issue that it had, on the other hand, its recommendations to the Academic Council were of a purely non-binding nature, so that the Academic Council was not bound by them when making decisions. The competition commission did not decide on the admission or refusal of one or another person to participate in the competition. It seems that at the present time it would be desirable to submit the consideration of candidates who wished to take part in the competition to specially created competition commissions.

The Academic Council does not thoroughly study the professional and personal qualities of applicants and in most cases simply agrees, for example, with the recommendation of the department. The department is not always objective, especially if its teachers and a person who has not previously worked in an educational organization (an applicant from outside) participate in the competition. In such a case, most likely, employees will recommend their colleague only because he already works here. And vice versa: if a conflict situation has developed at the department, the team can ignore professional quality the teacher involved. It should also be borne in mind that the department is small team, consisting of like-minded heads, and his sole opinion on a particular candidate may be decisive.

Therefore, the introduction of an additional stage into the competitive election procedure - the consideration of participants by the competition committee - to some extent will help to avoid biased assessment of applicants by members of the Academic Council.

The competitive commission would single out one of the candidates, the most worthy, in its opinion, to fill this pedagogical position. And he would receive significant benefits (support from the competition commission), significantly narrowing the possibilities of other participants.

Based on the results of the work, the competition commission would accept a document - a reasoned conclusion (recommendation) in writing - and send it to the academic council of the organization.

The validity of this conclusion would allow the members of the Academic Council to elect the best candidate for a teaching position. At the same time, as you know, the members of the council are not obliged to listen to the opinion of the competition commission - it remains recommendatory, which would ensure a certain objectivity of the procedure.

How long is the contract?

In accordance with the current legislation with teachers of higher education organizations, as well as those implementing additional professional programs it is possible to conclude both open-ended and fixed-term employment contracts (part 1 of article 332 of the Labor Code of the Russian Federation).

If a fixed-term employment contract was drawn up, then when the teacher is re-elected to the position new treaty may not be included. In such cases, the validity of the contract is extended by agreement of the parties, concluded in writing, for a certain (no more than five years) or indefinite period (part 8 of article 332 of the Labor Code of the Russian Federation).

The conditions under which an employment contract with a teacher can be concluded for an indefinite period are established by the educational organization. She also decides to conclude an open-ended employment contract with a specific employee.

On a note

A separate law governs legal status two leading classical universities of the country: Moscow State University. M. V. Lomonosov and St. Petersburg State University.

Both universities are among the oldest educational institutions higher education in Russia and are of great importance for the development of Russian society.

According to the Regulations, these universities have the right to independently develop and approve regulations on the procedure for filling positions of scientific and pedagogical workers.

These provisions should reflect the legal and procedural issues of organizing and holding a competition for filling the positions of scientific and pedagogical workers of these educational organizations, which are not properly reflected in the Regulations.

Example

In American universities, a permanent contract (an employment contract for an indefinite period) is concluded with a teacher, as a rule, after 6-7 years of work at the university under a fixed-term contract, which is renewed annually.

It should be noted that there is no need to hold repeated competitions for teachers elected to the position on a permanent basis. However, in this case, taking into account Part 10 of Art. 332 of the Labor Code of the Russian Federation, in order to confirm the compliance with the position held, the teacher is required to undergo certification once every five years. Main Feature an employment contract concluded for an indefinite period is the possibility of its termination due to the inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification (clause 3, part 1, article 81 of the Labor Code of the Russian Federation).

On a note

Participation of a working teacher in the competitive election for new term should be distinguished from the certification of a teacher, which he must pass every five years, if he had previously concluded an employment contract for an indefinite period.

Such attestation is carried out in order to confirm the compliance of the teacher with the position he holds in accordance with the Regulations on the procedure for attestation of employees holding positions of scientific and pedagogical workers, approved. by order of the Ministry of Education and Science of Russia dated July 28, 2014 No. 795.

The competition procedure provides for the nomination of candidates, their discussion and selection, voting on candidates, etc.

In the case of certification, nothing of the kind happens. Besides, business qualities the employee is determined by the staff of the educational organization - members of the academic council, and not certifying commission(a fairly narrow group of people). It seems that the very procedure for competitive election is more democratic than attestation.

Modified date: 07/04/2019 10:47

Here you can find answers to questions related to entering the civil service.

Abbreviations used:
Federal Law of the Russian Federation of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation": Federal Law No. 79-FZ, State Civil Service of the Novosibirsk Region: civil service.

How is civil service recruited?
Entry into the civil service and replacement vacancies is carried out in accordance with Article 22 of Federal Law No. 79-FZ on a tender basis, unless otherwise provided by the said law.
You can get acquainted with the announcements of ongoing competitions on the website of the Government of the Novosibirsk Region in the section "State Civil Service", subsection "Competitions".

In what cases can participation in the competition for filling a vacant position in the civil service / competition in the personnel reserve for filling a vacant position in the civil service be refused?
An applicant for filling a civil service position may be denied admission to participate in the competition due to non-compliance with the qualification requirements for a vacant civil service position, as well as due to restrictions for entering the civil service and its passage, provided for in Art. 16 of Federal Law No. 79-FZ. An applicant not allowed to participate in the competition has the right to appeal against this decision in accordance with the law.

Is it possible to simultaneously participate in several competitions for filling a vacant position in the civil service / competitions in the personnel reserve for filling a vacant position in the civil service?
Yes.

I have dual citizenship. Can I join the civil service?
No, unless otherwise stated international treaty. If you have Russian citizenship and citizenship of another state, everything will depend on the existence of an agreement or agreement on the settlement of dual citizenship issues between Russia and another state.

I am registered as individual entrepreneur. Can I participate in a competition to fill a vacant civil service position or a competition for a personnel reserve to fill a vacant civil service position?
Yes, you can, because carrying out entrepreneurial activities in accordance with Article 16 of Federal Law No. 79-FZ is not a restriction for entering the civil service. However, Art. 17 of Federal Law No. 79-FZ prohibits a civil servant from carrying out entrepreneurial activity, in connection with which the citizen is obliged to stop it when entering the civil service.

What is the age limit for joining the civil service?
To enter the civil service, you must reach the age of majority (18 years). The age limit for civil service is 60 years. The current legislation does not provide for the entry into the civil service of persons who have reached the age of 60. Reason: Article 25.1 of Federal Law No. 79-FZ.

Can I pick up the documents submitted for participation in the competition?
Yes, the candidate can withdraw documents upon written application within three years from the date of their submission.

For what period is the Conclusion on the form 001-GS / y valid for the presence (absence) of a disease that prevents entry into the state civil service of the Russian Federation and municipal service or its passage?
This Conclusion is valid for one year from the date of its receipt.

What is the difference between a competition for filling a vacant civil service position and a competition for a personnel reserve to fill a vacant civil service position?
When holding a competition for a personnel reserve to fill a vacant position in the civil service, as a rule, the competitive position is not vacant. The competition is held in order to form a personnel reserve of persons whose skill level and personal qualities meet the requirements for a competitive position. In the event that a competitive position becomes vacant, it may be replaced by a person in the personnel reserve.

In addition to the decision on the presence / absence of the winner of the competition, the commission may also decide to include in the personnel reserve persons whose level of qualification and personal qualities were highly appreciated by the results of voting by the members of the commission.

Personnel reserve in the state civil service and managerial personnel reserve

Abbreviations used:
State civil service of the Novosibirsk region: civil service; Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation”: Federal Law No. 79-FZ.

What is a personnel reserve in the civil service? How can I enter the personnel reserve in the civil service without being a civil servant?
Personnel reserve in the civil service is created to quickly fill vacant positions in the civil service. A competition for filling a vacant position in the civil service is not held if there is an applicant included in the personnel reserve in the civil service and meeting the qualification requirements for the specified position.
According to Art. 64 of Federal Law No. 79-FZ, inclusion in the personnel reserve of a state body is carried out:

citizens - based on the results of a competition for inclusion in the personnel reserve of a state body;
citizens - based on the results of a competition for filling a vacant position in the civil service with the consent of these citizens;
civil servants to fill a vacant position in the civil service in the order of promotion - based on the results of a competition for inclusion in the personnel reserve of a state body;
civil servants to fill a vacant position in the civil service in the order of promotion - based on the results of a competition for filling a vacant position in the civil service with the consent of these civil servants;
civil servants to fill a vacant position in the civil service in the order of promotion - based on the results of certification with the consent of these civil servants;
civil servants dismissed from the civil service in connection with the reduction of civil service positions or the abolition of a state body - by decision of the representative of the employer of the state body in which the positions of the civil service are being reduced, or the state body to which the functions of the abolished state body have been transferred, with the consent of these civil servants.

Thus, the inclusion of citizens in the personnel reserve of the state body is based on the results of the competition.

As a result of the competition, I was included in the personnel reserve in the civil service. Can I be appointed from it to a civil service position in another state body of the Novosibirsk Region, and not in the one where the competition was held?
If he meets the qualification requirements for this position, yes. At the same time, the position to which a civil servant (citizen) can be appointed should not be higher than the group of positions for which he is included in the personnel reserve.

Reason: Regulations on the personnel reserve in the state civil service of the Novosibirsk Region (approved by the Decree of the Governor of the Novosibirsk Region dated March 17, 2014 No. 40).

What is the difference between the reserve of managerial personnel and the personnel reserve in the civil service?
The main difference between these reserves is that a person who is in the reserve in the civil service, with his consent, by decision of the representative of the employer, can be appointed to the position of the civil service without holding a competition, provided that he meets the qualification requirements for the vacant position. At the same time, the position to which a civil servant (citizen) can be appointed should not be higher than the group of positions for which he is included in the personnel reserve. A person who is in the reserve of managerial personnel, but not in the personnel reserve in the civil service, may enter the civil service based on the results of the competition, unless otherwise provided by Art. 22 of Federal Law No. 79-FZ.

The reserve of managerial personnel of the Novosibirsk region is a group of promising specialists with the necessary professional, business and personal qualities, who have shown themselves positively in professional activity and intended to fill vacant positions in the field of state and municipal government.

The personnel reserve in the civil service is formed to promptly fill vacant positions in the civil service in accordance with the law.

Appointment to office-

Position replacement—

Competition for a position - this is a selection from among the candidates for filling a position that best meets the requirements of the position (conditions of the competition). The competition assumes: the obligatory presence of at least two applicants for the position; a body authorized to evaluate the characteristics of the contestants (state competition commissions, for example); criteria for assessing applicants; competition procedures.

competition of documents and test competition.

Election to office

Job selection

Elections for office

Main selection functions

selection function

Types of adaptation

firstly, social adaptation,

Secondly, organizational adaptation,

third, professional adjustment,

fourth,

Stages of adaptation

1) introduction, those.

6.1.2. Requirements for candidates to fill a vacant position

getting information about a new situation

2) fixture,

3) assimilation,
group;

4) identification,
organization.

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The main ways to fill a position

The selection of personnel ends with the filling of the position on the basis of the relevant normative act about the appointment.

Appointment to office- this is legal registration(fixing) official status state or municipal employee, produced by the relevant authority and expressed in the form of an administrative document - a resolution, decree, order, etc.

Position replacement— this is a way for a citizen to acquire an appropriate official status, formalized by appointment.

In the selection process, a number of ways to fill a position are used, depending on the category and group to which the positions of the state or municipal service.

The main ways to fill a position include: competition election, choice, election. None of them can do without its own methods and techniques of selection. All these methods are reflected in the legislative acts on state and municipal service in the Russian Federation.

Competition for a position - this is a selection from among the candidates for filling a position that best meets the requirements of the position (conditions of the competition).

Vote:

The competition assumes: the obligatory presence of at least two applicants for the position; a body authorized to evaluate the characteristics of the contestants (state competition commissions, for example); criteria for assessing applicants; competition procedures.

The winner of the competition is the candidate whose performance is higher than that of other applicants. The results of the competition, formalized by the decision of the relevant commission, are a necessary and sufficient basis for appointment.

The main ways to fill vacant positions in the state and municipal service should be competition of documents and test competition.

Election to office- this is a determination from among the candidates to fill the position of one specially authorized

collective body. This method of filling a position assumes, as a rule, that applicants must have formal signs to participate in the election procedure. The number of applicants does not have to be more than one. This method of filling a position is currently used in the legislative bodies of state power and local governments of the Russian Federation.

Job selection- this is a definition from among the applicants for filling the position of one by the relevant body or the relevant official. Such a method of filling a position does not necessarily involve a public discussion of candidates (or their documents) and justification of the motives for choosing an authorized body. This method of filling a position is typical for a group of junior positions in the state and municipal service, as well as for positions, the replacement of which is carried out by decision of the persons filling positions, for the direct execution of the powers of state authorities and local governments.

Elections for office- this is a determination from among the applicants for the position of one by voting (open or secret) by members of the collective, electors, voters. Election results are a necessary and sufficient condition for holding office. This is the main way of holding positions in public authorities and local self-government bodies, in which the powers of these bodies are directly embodied, as well as positions in public, political, scientific and other organizations.

Main selection functions

Selection in the field of state and municipal service, including professional, performs a number of important social functions. Among them selection function state structures of society from those categories of people who, first of all, according to formal criteria, do not meet the requirements for state and municipal employees, as well as public positions in the civil service.

Adaptation of civil service personnel

One of the important conditions for successful personnel management in public service is its adaptation to the social environment in state and municipal bodies. This chapter reveals the main provisions of adaptation in the practice of personnel management of the state and municipal service.

The concept and structure of adaptation

The term "adaptation" is taken from biology, where it means the adaptation of the structure and functions of the body to the conditions of existence and getting used to them. Representatives of the organic school in sociology borrowed it to describe some of the processes taking place in society, which they considered as an analogue of a biological organism.

For a long time, adaptation was understood as a one-way process of adapting an individual or a group to social conditions. However, now they proceed from the fact that simultaneously occurs and transforms

the shaping influence of the individual on the social environment. This means that a person, when applying for a job, takes a certain position in the organization, agreeing with the requirements, values, norms, rules of conduct imposed on him and coordinating his goals and objectives with the goals and interests of the organization.

At the same time, the personality already has an established system of needs, goals, values and norms that determine its requirements for the organization. Realizing these requirements, the employee and the organization influence each other, interact.

Thus, labor adaptation can be defined as adaptation, the employee's getting used to the requirements of the profession, the assimilation of the production, technical and social norms of behavior necessary for the performance of labor functions.

Types of adaptation

Labor adaptation is a multidimensional phenomenon, which includes:

firstly, social adaptation, those. obtaining information about the values, norms of the organization, its formal and informal groups, leaders, acquaintance and inclusion in the system of business and personal relationships in the team. The information is correlated with the past experience of the employee, his value orientations. The result of the adoption of group norms is the identification of the employee with the team or with one of the formal or informal groups. Social adaptation can be considered in a broader sense - as "the process of learning the threads of power, the process of comprehending the doctrines adopted in the organization, the process of learning, realizing what is important in this organization or its divisions"1;

Secondly, organizational adaptation, in which the employee becomes aware of his role in the overall production process. This is achieved by getting acquainted with the features of the activities of the unit, its place in the overall organizational structure, mode of operation, management system, as well as with the mechanism of functioning of the entire organization;

third, professional adjustment, which is characterized by the development of a certain level of professional knowledge, skills, skills of cooperation, the formation of the necessary qualities and positive attitude to your work;

fourth, psychophysiological adaptation, those. adaptation to new mental and physical loads, sanitary and hygienic factors of production, the rhythm of work, etc.

It is customary to distinguish between primary and secondary adaptation. Primary adaptation is carried out by young employees who start their professional activities for the first time and do not have work experience. Secondary adaptation - the adaptation of employees with a certain experience of professional activity, due to various circumstances, changing their place of activity or position.

Stages of adaptation

In the process labor adaptation the following stages are followed:

1) introduction, those. getting information about a new situation
tions, criteria for evaluating activities, norms of behavior;

2) fixture, those. mastering by the new employee of the basic
values of the organization while maintaining pain
most own installations;

3) assimilation, those. full adaptation of the worker to
group;

4) identification, those. identifying employee goals with goals
organization.

By the nature of identification, indifferent, partially identified and fully identified workers are distinguished. The "backbone" of the organization, its core, is made up of fully identified employees.

In addition, there are four types of human behavior when included in an organization1.

Attitude to the norms of behavior in the organization: accepts, does not accept, shares, does not share.

The first type fully accepts the norms of behavior and values of the organization, tries to ensure that its actions are not included in

conflict with the interests of the organization. The results of this person's actions depend mainly on his personal capabilities and abilities and on how correctly the content of his role is defined.

The second type does not accept the values of the organization, but behaves in accordance with the norms of behavior accepted in the organization. Is a good but unreliable employee who is able to leave the organization or take actions contrary to its interests.

The third type accepts the values of the organization, but does not accept the norms of behavior. Difficulties arise in relationships with colleagues and management. With a liberal attitude towards certain forms of employee behavior on the part of management, they find their place in the organization and work successfully.

The fourth type does not accept the norms of behavior and does not share the values of the organization and therefore constantly creates conflict situations. Such people most often complicate the lives of colleagues, can damage the organization, but they are not completely unacceptable in it.

Rice. 22. The nature of the relationship to the values of the organization

Most often, a person is clearly aware of the process of adaptation and strives to successfully complete it and determine his new social status. This is facilitated by how quickly and well a person learns social roles in a team,

shares its norms and values, realizes the goals and motives within the profession, there is a convergence of their own guidelines with the guidelines of the group.

Adaptation takes on an active character when a person tries to adapt the profession to himself, i.e. there is a creative transformation of the profession by the employee.

In the process of adaptation, sometimes the question may arise about the extent of its expediency in relation to specific conditions. This happens when a new employee has a system of norms and values that is higher than the one that has developed in the team. In this case, it is more appropriate to talk about the adaptation of the group to the beginner.

The adaptation period depends on many factors and can range from one to three years. At this time, a person, drawing conclusions from the consequences of his previous experience, consciously corrects and changes his behavior. This is reflected in the fact that new employee, knowing his functional role, learns to place emphasis in the work he performs from the position of its importance for the organization, assessing the quality of his work; learns to perform such formal and procedural actions as scheduling and holding meetings, filling out various forms and questionnaires, receiving and sending information, etc.; learns to understand and take their place in the organization (i.e., behave correctly with colleagues and management; there is a certain “ranking” of employees - who can be relied on, who should be feared, etc.); learns how to solve their own problems and achieve their goals in the organization.

Difficulties in adaptation or its violation are commonly called maladaptation. The consequences of maladjustment include destructive conflicts, indifference to the work performed, leaving a unit or organization. In addition, an adaptation crisis may arise due to a significant mismatch of knowledge and skills with the requirements of the position.

The results of adaptation are evaluated by quantitative and qualitative indicators of labor, in relation to the employee to the organization, which is manifested in his orientation towards changing or maintaining a place of work, profession, position, advanced training.

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In the Russian labor law it provides for the conclusion of contracts between employees and firms-employers on the terms of combination and substitution. What are their specifics?

What is a combination?

Under combination in labor law The Russian Federation is understood as a kind of legal relationship between an employer and an employee, involving the fulfillment by a person of the main and additional work. Accordingly - profile for his position, as well as the one that is typical for other positions.

The need for a combination often arises when expanding production and a temporary shortage of personnel in the company. Or, for example, due to the absence of the main employee in a certain position - as a result of which another person can replace him through a combination.

With the considered scheme of legal relations with the participation of an employee and an employer, the first receives a salary, firstly, under his contract, and secondly, in accordance with the terms of the contract specified for another position held. In this case, a person may receive additional allowances for processing - if his presence at work is required for more than 8 hours, as on a standard working day.

The combination is realized only with the written consent of the employee - these are the norms of the labor legislation of the Russian Federation.

What is a substitution?

Under substitution in the labor legislation of the Russian Federation is understood the type of legal relationship between the employer and the employee, which implies a temporary refusal of a person to perform work characteristic of his main position, and the performance by him during the corresponding period of labor functions in another position.

The need for substitution may arise in the enterprise, in principle, for the same reasons as in the case of combination. The salary of an employee replacing another is accrued on the basis of the conditions under the contract established primarily for the position being replaced.

But it is worth noting that, in accordance with the norms of the Labor Code of the Russian Federation, an employer, if there is a production need for that, has the right to involve an employee for up to a month in work that is not characteristic of his employment contract, for the same salary that is established for his usual position. At the same time, a person’s earnings cannot be lower than the average for the main position.

Comparison

The main difference between combination and substitution is that the first type of legal relationship involves the simultaneous (or distributed within the working day) performance of work by a person in his own and in another position (sometimes even in several positions).

Rules for filling a vacant position

Substitution means that the employee temporarily refuses to perform work in his position and begins to perform a labor function that characterizes another position in the company.

Combination is a legal relationship in which an employee of the company enters exclusively voluntarily. Substitution in the general case also implies the consent of the employee to a temporary change in work, but in cases specified by law, it can be forced. As a rule, this applies to those situations where substitution is required due to production necessity.

Having determined the difference between overlap and substitution, we will reflect the conclusions in the table.

Table

Combination	substitution
What do they have in common?
Both types of labor relations are initiated with the expansion of production, if it is necessary to replace absent employees with others.
What is the difference between them?
It involves the simultaneous execution by an employee of the company of his labor function and the one that is typical for another position	It involves a temporary refusal of an employee to perform his labor function and work in another position in the company
It is a voluntary type of labor relations - its implementation requires the written consent of the employee	In the general case, the consent of the employee to a temporary change of work is required, but in situations specified by law, the replacement can be initiated by the employer forcibly