If an employee has not passed the certification of suitability for the position held, what happens to him?

1. upon admission to study at an educational institution;
2. in case of violation by the employer of labor standards (law, provisions of the collective agreement, employment contract, local acts);
3. I'm retiring when I retire.

In all these cases, the employer is obliged to dismiss the person on the day specified in his application.
In the modern world, it is rare when subordinates are satisfied with their superior management. And the bosses themselves sometimes behave aggressively, humiliating, insulting and shouting at their employees. All this happens either due to a general misunderstanding of each other, or due to the incompetence of both sides. But what to do if you can’t find a common language with your superiors?

Analysis of the situation

There are situations when a conflict between a subordinate and a manager is inevitable, or it already exists. In such a case, it is necessary to analyze the current situation. The employee should analyze the ongoing conflicts and determine what exactly provokes them. Perhaps this is a general misunderstanding between the parties or the incompetence of the manager. Or maybe this is a long-standing and hidden conflict (if the boss and subordinate worked in the same team).

It is worth taking into account that, in general, the disrespectful attitude of superiors towards their subordinates indicates either the manager’s awareness of his inadequacy for the position he holds, or the boss’s recognition of his insignificance. In any case, we should not forget that the subordinate himself often provokes rude attitudes from management.

View from the outside

First of all, it is necessary to determine whether the manager’s claims are justified, or whether he is biased against you. An employee should think about the fact that he himself may be the reason for his boss’s rude behavior. Perhaps the deadlines for submitting materials were repeatedly missed, or the same mistakes were made in the preparation of documents, which were often mentioned by the boss. There is also an option when an employee does not want to do anything, but still wants to receive a salary. If all this does not suit, and the employee conscientiously performs his work duties, but the boss still has a number of complaints, then you should think about something else.

Bosses are not always appointed based on their achievements at work. To a large extent, now those who have good connections are appointed to leadership positions. Such bosses are rarely professionals in their field. They do not worry about the team entrusted to them, its performance and how employees will perform the tasks assigned to them.

In such cases, feeling helpless and illiterate, management takes it out on its team. His main task is to intimidate the team, to subjugate him, so that no one dares to contradict him and prove that he is right. Such situations lead to a split in the team, as well as a decline in performance.

Who undertakes to undergo certification?

Mandatory qualification confirmation is provided for by federal legislation for certain groups of specialists, which include energy workers, teachers, and those who work with explosives and other hazardous aspects of production. To give an example, the following groups of employees can be specified:

• specialists involved in ensuring transport security;
• civil servants;
• subordinates involved in loading and unloading operations;
• workers from the field of industrial safety;
• employees who manage unitary organizations;
• other employees mentioned in the company's regulations.

Ways to resolve conflict

In such situations, when the boss does not satisfy his subordinates for objective reasons, there are various options for solving the problem.

The first of these is a change of workplace. Realizing that there is no way to get along with the bosses, the employee decides to quit. But this may also be a last resort measure to solve the problem. Of course, you can try to find another way out of the situation.

One solution to the problem could be a conversation with your manager. It is worth trying to voice reasonable claims and try to find a solution to the current situation. However, not all bosses are ready to listen to their subordinates. Therefore, before you decide to take such a step. You should think it over carefully and take into account the character of your leader.

Another option for solving the problem may be to completely deny it and not respond to insults and humiliation. This method is not effective, because in any case you won’t be able to tolerate the leader’s tyranny for long. In the end, there will either be a nervous breakdown, or there will be a breakdown towards the boss, which is also not very good.

As an alternative method of solving the problem, you can consider the “fool” option. Which boss doesn’t like it when his subordinate is stupider than him? In this case, you should tone down your ambitions and agree with the leader in everything, even realizing that his ideas are not effective.

Each employee will have to decide for himself how to deal with the boss’s tyranny and what ways to resolve the conflicts that have arisen. The main thing to remember is that under no circumstances does anyone have the right to insult and humiliate their subordinates, and such behavior must be nipped in the bud.

How to fill out an application on your own

First of all, you need to submit an application, which is sent to the HR department of the organization. Based on this, an order is issued.

The Labor Code does not provide for a strict application form, but, nevertheless, certain rules must be followed when drawing it up.

How the application is compiled:

1. The application must be submitted exclusively in writing;
2. indicates the date of preparation, day of dismissal, reason and signature of the employee;
3. It is advisable to submit the application in person or by mail;
4. there is no reason to leave.
5. Employee-initiated layoff dates

According to the Labor Code of the Russian Federation, an employee must notify the employer of dismissal at least 14 days in advance. This time, the company needs to find a replacement for the resigned employee and transfer current affairs to him.

If it takes less time to find and train a new employee, then by mutual agreement of the parties the working period can be shortened. If dismissed during the probationary period, the employee must give three days' notice.

Legal aspect – has everything been thought out?

The new legislative initiative should theoretically help the employer select personnel more effectively and implement a qualitatively new personnel policy. Already when signing an employment contract, the boss will assess the employee’s qualifications, experience and suitability for the position held. At the same time, the legislator requires that professional standards be applied “today” only to those categories of citizens whose profession is associated with increased risks and responsibility for the life and safety of citizens. Doctors, drivers, aircraft pilots and other specialists – their qualifications will be subject to mandatory verification and classification. The employer is obliged to evaluate employees if special requirements are imposed on their profession in federal laws, the Labor Code, and various regulations.

What about other categories of specialists? The legislator leaves the right of choice to the employer, but clarifies: the employer has the right to independently put forward certain requirements, taking into account the characteristics of a particular position. More stringent requirements have been imposed on the public sector: from January 1, 2020, professional standards will become a prerequisite for extra-budgetary funds, municipal institutions, and organizations that are state owned (more than 50%). And from January 1, 2020, compliance with the law will become mandatory for all employers, regardless of their form of ownership.

Who to fire

A system of key performance indicators helps in personnel management only when it is thought out and debugged. And this is far from a simple process. Be prepared for the fact that a lot of time and effort will be spent on reviewing the company's work, determining key performance indicators and monitoring employees getting used to the new system. In addition, it is unlikely that there will be conflicts with employees and layoffs. But since major changes are necessary, you can make them less painful for the organization if you act confidently and consistently.

The first thing a manager should do is to thoroughly think through the list of KPIs for each position. It must be justified and aimed at achieving the goals of the organization. This means you will have to check the tasks of all employees. When compiling indicators, several rules are useful:

Attestation and business assessment

Fundamentally different concepts such as “performance appraisal” and “business judgment” are often confused in the workplace. Certification of personnel in an organization is a narrower concept, however, it has more serious consequences. If the DO evaluates the effectiveness of employees in performing their job functions, then certification is an assessment of how the employee’s work correlates with the established standard for a certain specialty. Unsatisfactory results can often become the basis for the legal termination of an employment contract with an employee, however, at the same time, one should not forget about the main task of certification - increasing the productivity of the organization’s personnel. It cannot be elective, so it is held for all employees who work in a certain area. Otherwise, this will be considered as an attempt by management to “get rid” of the employee by dismissing him based on the results of certification.

This practice began to be used in Russia back in 1973, when the original version of the Regulations on the certification plan was developed. Then, in most cases, employees of industrial enterprises (engineers, builders, etc.), which employed thousands of specialists, were subject to certification. Today in Russia, this practice has begun to be used even in small organizations (no more than 100 employees), since for further development they need to assess the professional suitability of staff. By the way, as of today, the example of the 1986 Certification Regulations is still valid. The local act of the company must take into account the rules that were specified in the regulation.

Set achievable goals

The sales consultant, seeing how many pairs of shoes he had to sell every day, waved his hand and went to drink coffee: “I won’t fulfill the plan, even if the whole city comes shopping!”

Monitoring employee performance will take a lot of time, but it will help determine optimal and realistic indicators that will stimulate employees, and not demotivate them with their impracticability.

Select only those KPIs that can be influenced by this particular employee.

The chef thought for a long time about how he could attract new visitors (this is exactly the performance indicator that the restaurant owner suggested to him) and why this task was not assigned to a marketer.

A company is a large organism, all parts of which are codependent. It is important to correctly determine the functions of each employee. An employee who does not have the opportunity to improve his performance does not see the point in working.

Thoughtful criteria are just the beginning. For an innovation to take root, you need to find the right approach to your subordinates. Depending on the size of the company and the situation in it, you can introduce a system of key performance indicators en masse or individually. As a rule, the implementation of KPIs begins with the employees or departments whose work is most in need of improvement.

From the very morning there was noise in the financial department: the general director silently hung tables on the wall with the responsibilities of employees and left for a business meeting. Accountants calculate how much they will lose on each overdue report and argue about who will be fired first.

Stubbornly imposing a new system is far from the best solution. Your task is to maintain employee loyalty and avoid insults and scandals. Explain the benefits of the method for the company and for the employee himself, praise him, and gently point out the shortcomings in his work that this system will help correct. However, confidently insist on the assigned indicators, even if their implementation sounds like an ultimatum. In any case, be prepared to look for new staff.

Another option is a vacant position; it is often most convenient to start with it. The new employee agrees to the employer’s conditions before starting his duties, which means he will not have the idea that the KPI system is a punishment for poor work.

The combination of good preparation and firmness will help carry out the KPI implementation process with minimal difficulties in the company. But they will quickly pay off due to a real increase in employee productivity.

Care

After terminating the contract and signing the corresponding order, the employee must receive all necessary types of payment, and compensation is also paid. Upon termination, the accounting department collects wages regardless of the end date based on the hours actually worked in the current month. Usually there are no problems with this payment method; payments are made as standard. In most cases, questions arise about deferment when compensation is given for unused vacation.

When crossed out, calculating this amount may result in a contradiction. Workers receive leave annually in accordance with Article 121 of the Labor Code of the Russian Federation, while many workers do not go on leave of their own free will or on the initiative of their immediate supervisor. Information about this payment is collected for all working hours, that is, for each year, regardless of the use of vacation. Compensation for dismissal is regulated by Article 127 of the Labor Code of the Russian Federation.

If an employee has the right to additional (extraordinary) leave in connection with work, his payment will be regulated by the company’s internal regulations and the decision of management. For advance payments, this amount is deducted from the calculation. Other types of severance pay and severance pay depend on the company's type of business and the employee's profession.

Normative base

A normative act establishing uniform algorithms regulating the certification of employees for suitability for the position held has not been adopted to date. There is no article in labor legislation that directly states how employees are certified for suitability for the position held.

Certification of an employee for compliance with the position held (Labor Code of the Russian Federation) allows you to part with the employee. The law includes qualification provisions that allow an employer to terminate an employment agreement with an employee if there is no match between his qualifications and skills and the requirements for the functionality he performs. Only its non-compliance with the requirements must be established by the results of the procedure.

There are other acts that establish how to certify an employee for suitability for the position held in 2020. They describe compliance testing for certain categories of employees. For example, certification of cultural workers in 2020 is carried out in accordance with the Letter of the Ministry of Culture dated 02/08.

If the institution has employees who are not subject to mandatory certification, the employer can, by local act, establish standards that will make it possible to check whether the employee’s qualifications meet the requirements for the position he occupies.

Due to the fact that the certification algorithm is determined by the employer, he has the right to choose the basis for developing a local act himself. We recommend using Resolution of the USSR State Statistics Committee dated October 5, 1973 No. 267 for this.

What to do

Here are some tips on what to do if you are asked to voluntarily quit your job and at the same time put pressure on it - determine your position.

1. If there is a real reason to fire an employee under an article, it will be more profitable to write a letter of resignation of one’s own free will. In other cases, you can write a declaration with the consent of the parties with the payment of severance pay.
2. It is necessary to demonstrate to the employer that the employee understands the illegality of his actions, knows his rights and is ready to defend them. Carefully study the employment contract and job description to avoid mistakes. Maintain strict discipline.
3. All documents offered for signing must be read carefully. There is no need to sign anything retroactively. If the employee was not promptly informed about the documents to sign, he will only benefit in this situation.
4. If the organization has a trade union, you must join its members. If there is no trade union, you can independently begin to create the main trade union organization in the company. To do this, you need to contact the Union of Trade Unions.
5. Be prepared for provocations. If an employer causes a disruption, look for a witness who can testify to what happened. Do not sign the application.
6. Inform the employer that they will be responsible for the administrative exemption.
7. Request a written version of verbal orders from the authorities. If orders are clearly impossible, provide a written response as to why they cannot be carried out.

Order of conduct

Such a section can be represented by a number of parts.

Part 1. Designation of specific goals and objectives. For example, the goal may be the need to:

• establishing compliance with the employee’s qualifications for the position he occupies;
• adjustments to the organizational structure;
• determination of the motivation system.

Certification is also the basis for adjustments in remuneration systems, that is, the staffing table can be adjusted in terms of allowances for complexity, tension, etc.

Part 2. The legislator has not limited the rights of the employer in terms of determining groups of workers subject to certification.

These could be:

• key employees;
• part-time workers (including internal ones) working in the institution.

It is better to provide in the document a position that internal part-time workers are certified for the entire list of staff positions, i.e., working in the main position of “manager” and in the internal part-time position of “specialist”, the employee is certified in both positions occupied. This means that the testimonial and review are provided in both versions.

It is advisable to identify in the position a group of workers who will not be involved in the procedure. They are not established in the Labor Code of the Russian Federation. You can rely on other regulations on the topic and still include employees in the list of those who do not pass certification:

• aged 60 years and older;
• having less than a year of experience in their position;
• pregnant women;
• those on maternity leave and child care leave;
• under 18 years of age;
• with a fixed-term employment agreement.

Other employees can be involved in the procedure.

Part 3. Frequency of the procedure.

The frequency of the procedure depends on its goals and objectives.

These could be options:

• at least once every 5 years (as for scientific workers);
• no more than once every 2 years, but not less than once every 4 years (as for customs officials);
• Once every 3 or 5 years (as for engineering and technical employees).

Certification can be carried out every year, but such a schedule is not practical. An acceptable option might be: no more than once every 3 years and no less than once every 5 years.

Part 4. Identification of species.

According to the timing of the procedure, it can be:

• planned (regular);
• unscheduled (extraordinary).

The planned one must be determined at strictly established time intervals.

It is advisable to carry out unscheduled:

• if there is an agreement between the parties;
• when working conditions change due to technological reasons;
• in case of repeated failure to fulfill duties.

Such certification will be useful when the employer makes a decision about an employee, established by paragraph 3 of Art. 81 Labor Code of the Russian Federation.

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This section explains the algorithm of actions for organizing procedures in the company.

Part 1. Determination of the composition of the commission.

Determines the composition and functions of the commission members.

As a rule, the certification commission for suitability for the position held consists of:

• chairman;
• members;
• secretary.

A representative of the trade union (if any) must be present on the commission.

It is necessary to clearly define:

• the terms of reference of each category, including cases when, instead of the chairman of the certification commission, documents are signed by his deputy;
• presence or absence of voting rights;
• having a decisive vote in their general equality.

Powers can be distributed as follows:

• Chairman - heads the commission, organizes its activities, sets the terms of the procedure, the order of work;
• members of the commission - take part in checking the qualification level of employees, vote, and collectively decide what the result will be for a particular employee;
• secretary - collects a package of documents for the procedure, reports the place and time of its implementation, creates a protocol, takes into account the employees who have undergone the procedure.

The composition of the commission is permanent and can be adjusted in the event of a conflict of interest or a change in personnel.

Part 2. Establish the procedure for employee certification.

This part can include information:

• about persons responsible for creating schedules;
• list of employees subject to certification;
• the procedure for informing commission members and employees subject to certification;
• date and place of the procedure;
• deadlines and those responsible for sending the documents required for employees to submit.

Schedules can be generated both for the entire enterprise and for its individual structural divisions or groups of positions (managers, specialists, technical personnel).

In practice, cases may arise in which the procedure must be rescheduled (accident, illness, etc.). To do this, the regulations can define cases and the possibility of adjusting dates, determining other deadlines by order, order of the employer.

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Part 3. Informing employees about the procedure.

Employees must be notified in advance of the procedure by signature. It is advisable to do this at least one month in advance.

There is no established form of notification, so the employer himself determines how to confirm the fact of familiarization.

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If the employee refuses to familiarize himself, the employer draws up a report. If a person is ill, the employer sends a notification of the need to participate by registered mail with notification to the place of registration.

Part 4. Obtaining personnel documents.

Since the certification commission makes a decision based on the documents provided in relation to the employee, the employer himself determines what this document should be and when to provide it.

In practice, a characteristic or review developed by the immediate supervisor is usually required. The employee is familiarized with such a document in advance in writing.

In the section “How certification is carried out for compliance with the position held,” it is necessary to describe the algorithm of actions of the employer and employee in the certification process.

Part 1. Determination of quorum.

The regulations must establish the number of commission members whose presence is required to make a valid decision (usually 2/3). If the quantity is smaller, it is better to reschedule the procedure to another date.

Part 2. Deciphering the procedure algorithm.

This part should provide for the procedure to be carried out against the employee in person in the presence of his immediate superior.

The manager introduces the subordinate, then the commission receives questions for certification regarding suitability for the position held.

After answering all the questions, the employee being certified leaves the room, the commission and the employee’s manager discuss the results and make a decision.

Once a decision has been made, the employee is invited to announce the results.

Part 3. Determination of the decision algorithm.

The decision can be made by a simple majority of votes, taking into account the documents received by the commission, the characteristics of the manager, and communication with the person being certified.

The employee’s work activity is subject to assessment taking into account the requirements for qualifications and skills for the position. The person’s personal contribution to the implementation of the organization’s goals, complexity and volume of work must also be taken into account.

It is necessary to take into account the presence or absence of operational disturbances.

In case of equality of votes, the final decision rests with the chairman. Doubtful issues are resolved in favor of the employee.

Part 4. Formulations of the commission's decisions.

In this part, you need to determine what decisions the commission can make:

• corresponds to the position held;
• appropriate for the position and recommended for promotion;
• corresponds to the position held, subject to additional training;
• consider demotion;
• does not correspond to the position held in the civil service.

Part 5. Formalization of the decision.

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There are few design options: a protocol and entering information into an attestation sheet. The protocol is one for everyone, the certification sheet is for everyone.

From Art. 81 of the Labor Code of the Russian Federation it follows that the procedure for conducting certification activities is established both by labor legislation and other regulatory legal acts, as well as local acts of the organization. Since the general procedure for certification is not established at the legislative level, each enterprise prescribes its own rules in the appropriate regulation.

When developing regulations on the certification procedure, enterprises are recommended to familiarize themselves with the standards prescribed in the following regulations:

• Resolution of the State Committee for Science and Technology of the USSR and the State Committee for Labor dated 05.10.1973 No. 470/267;
• Resolution of the State Committee for Science and Technology of the USSR, Gosstroy and Goskomtrud dated February 17, 1986 No. 38/20/50.

The norms of these resolutions are allowed to be applied to the extent that does not contradict the Labor Code of the Russian Federation. In practice, they are often taken into account by the courts when considering disputes about the reinstatement of workers dismissed based on the results of an attestation test.

In particular, in the ruling of the Moscow City Court dated September 10, 2015 No. 4g/8-7875-2015, the court indicated that the regulatory act on certification approved at the enterprise worsened the situation of workers due to non-compliance with the norms of regulations from the times of the USSR.

Briefly, the certification procedure can be divided into the following stages:

1. Approval of the certification regulations.

For information about what this document is, read the material “Regulations on the certification of employees - sample.”

1. Preparation for certification, which includes:

• approval of the composition of the certification commission;
• establishment of categories of certified employees;
• approval of the schedule for certification inspections;
• preparation of documents for certified employees;
• bringing to the attention of employees information about the date and place of certification.

NOTE! At this stage, an appropriate order is issued, which provides the above information. The information contained in this order and all possible annexes to it (for example, on the inspection schedule) is communicated to the certified employees against signature.

1. Carrying out certification.
2. Recording the results and making a decision by the manager based on the results of certification in relation to each employee.

According to Art. 49 of Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation”, certification is carried out once every five years. Some categories of persons may be exempt from undergoing mandatory testing of teachers' professional suitability. For example:

• having qualification categories;
• those who have worked in their position for less than two years in the institution in which the certification is carried out;
• pregnant women;
• employees on maternity leave;
• employees on parental leave to care for a child under three years of age;
• absent from work for more than 4 months in a row due to illness.