Legal aspects of certification
The concept of a traditional grading system is introduced by current laws. This is the name of the procedure, the order, the content of which is regulated by the employer, making decisions independently.
There is no specific article on skills testing in the labor code. But in Article 81 of the same code they write that the basic rules can be approved in a local act issued for a specific enterprise.
An important nuance is that the employer organizes the development of regulations on inspections independently. But he is still obliged to take into account the opinion of the trade union. If there are no such associations, then nothing needs to be agreed upon.
Who is required to undergo certification?
The laws do not restrict employers. They can select any categories of employees when organizing such checks. But in practice it is recommended not to include the following persons in the lists:
- Those with whom a fixed-term employment contract has been signed.
- Minors.
- Old age pensioners.
- Those who took parental leave worked for less than 1 year after leaving the previous such leave.
- If you have worked in the position for less than 1 year.
- Pregnant women.
The rest of the personnel are included on the lists to study the level of training without any problems.
Which employees are required to undergo certification?
The legal obligation to undergo certification is established for the following categories of workers:
Helpful information
Certification of teachers has its own characteristics. For example, to pass it you need to answer 100 questions on the basics of legislation, psychology and pedagogy. The questions will also include methods for teaching the basics of subject knowledge.
- employees of emergency rescue services who acquire the status of a rescuer only based on the results of certification;
- employees of the prosecutor's office, the Investigative Committee;
- civil aviation personnel;
- workers in hazardous industries;
- library staff;
- heads of unitary enterprises;
- teachers;
- police officers;
- medical workers.
Certification of military personnel
Some data
Certification deadlines: once a year for soldiers, sailors, sergeants and petty officers, annually, and for officers every five years, but no less than four months before the end of military service, as well as upon graduation from military educational institutions of professional education (hereinafter referred to as military -educational institutions), postgraduate studies, military doctoral studies.
The certification commission in the army is carried out to objectively assess the activities of military personnel and determine their suitability for the position they occupy. The assessment is necessary to establish the prospects for further service of a particular military man.
The main tasks of the certification commission for military personnel:
- Selection of persons for appointment to military positions;
- Determining the feasibility of concluding contracts with new employees;
- Selection of candidates for the educational course;
- Nomination of certain employees for awards;
- Identification of reasons for early dismissal of military personnel.
The composition of the certification commission is headed by the deputy commander of the military unit in which the assessment will be carried out.
Certification of teaching staff
The Main Certification Commission of teaching staff is created to confirm the suitability of the position held by the employee and to determine qualifications. Frequency: once every 5 years.
Attention! Teachers whose work experience in the organization is no more than 2 years are not subject to evaluation.
The certification commission, operating on a permanent basis, makes it possible to establish the category of qualification of a teaching worker in accordance with the application drawn up by him. The analysis of activities is carried out with the involvement of specialists in the field of pedagogy.
Types of certification
Depending on the timing of the certification events, they can be divided into 2 large groups.
Planned, or regular. | Such inspections are organized according to a schedule, at certain time intervals. An example is an analysis of employee performance every few years. The manager himself decides what the frequency will be. |
Unscheduled, extraordinary | Allows organization on an emergency basis. For example, when an organization changes staffing or wages, a whole batch of defective products is identified. Qualification testing may be organized only for specific categories of employees. Moreover, if a translation is being carried out that requires an event. |
Some managers conduct one-time assessments. Including for employees who are just being hired.
Rostechnadzor explains: Certification Commission (AC) of industrial safety specialists
On November 6, 2019, Decree of the Government of the Russian Federation of October 25, 2019 No. 1365 (as amended on August 6, 2020) “On training and certification in the field of industrial safety, on the safety of hydraulic structures, and safety in the electric power industry” came into force. As of December 21, 2019, Order No. 37 became invalid . On December 15, 2020, Rostechnadzor Order No. 256 dated July 6, 2020 “On approval of the Regulations on certification commissions for certification in the field of industrial safety, on the safety of hydraulic structures, and safety in the electric power industry” came into effect. Therefore, the explanations given below are no longer relevant. Read our articles:
- From November 1, the procedure for undergoing industrial safety certification in the territorial certification commissions of Rostechnadzor will change
- Territorial certification commissions of Rostechnadzor do not accept applications for certification without advanced training
- Important innovations in industrial safety certification
- Rostechnadzor explains: Improving the qualifications of workers
Question:
Rostekhnadzor received an application asking about creating a commission within the organization to certify industrial safety specialists.
Answer: Specialists from the Civil Service and Personnel Department of Rostechnadzor answered this question.
The procedure for organizing the training and certification of specialists from organizations supervised by Rostechnadzor is determined by the Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision, approved by Order of Rostechnadzor dated January 29, 2007 No. 37 (hereinafter referred to as the Regulations).
In accordance with the Regulations, certification commissions of supervised organizations are created by order (instruction) of the head of the organization. Members of certification commissions of organizations supervised by Rostechnadzor must be certified in the areas of certification for which exams are held in the relevant certification commission of Rostechnadzor, depending on the location of production facilities and the number of employees of the supervised organization.
At the initiative of the chairman of the organization’s certification commission or his deputy, may be included , if the mandatory nature of their participation is not provided for by the relevant regulatory legal acts.
The certification schedule, as well as applications for sending representatives of Rostechnadzor to the commission meeting, are sent to the appropriate territorial body of Rostechnadzor at the location of the operating hazardous production facilities.
The Regulations do not provide for any other requirements for certification commissions of organizations supervised by Rostechnadzor.
The work procedure of the certification commission, as well as its structure, are determined by the administrative documents of the organization.
Question:
The organization has created a certification commission, the members of which have been certified by Rostechnadzor. Does this commission have the right to conduct primary certification of its managers and specialists, or should all specialists of the organization undergo primary certification in the bodies of Rostechnadzor, and subsequent ones - in the commission of the organization?
Answer: Explanations on this request were prepared by specialists from the Department of Civil Service and Personnel of Rostechnadzor.
In accordance with the Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision, approved by Order No. 37 of Rostechnadzor dated January 29, 2007, certification of managers and their deputies, members of the certification commission of the organization is carried out in the Central and territorial certification commissions of Rostechnadzor depending on the number of employees of the organization.
Certification of specialists who are not members of the certification commission of the organization, certification of managers and members of certification commissions of branches and separate structural divisions (without the right of a legal entity) is carried out in the certification commission of the organization.
Question from 06/21/2017:
I ask you to provide clarification on clause 11 of the Order of the Federal Service for Environmental, Technological and Nuclear Supervision of January 29, 2007 No. 37 “On the procedure for training and certification of employees of organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision” 11. Certification of specialists is carried out in the commissions of organizations in which those being certified work (including the main organizations), as well as in the certification commissions of the Federal Service for Environmental, Technological and Nuclear Supervision (Central Certification Commission, territorial certification commissions) According to this paragraph, there are two types of commissions Commission of the Federal services for environmental, technological and nuclear supervision (TAK); Organization commission. Are Members of the Certification Commission (CHAK) of an organization required to be full-time employees of this organization, or can they be in an employment relationship through a contract? Are Members of the Certification Commission (CHAK) of an organization required to undergo certification by the Territorial Certification Commission (TAC) of Rostechnadzor? Can Members of the Certification Commission (CHAK) be certified by the TAK of Rostechnadzor for one organization and at the same time be on the commission of another (second) organization (under a work contract, fixed-term contract), without having certification protocols (without passing certification) in the TAK of Rostechnadzor for the second organization ?
Answer: Specialists of the interregional department of planning, analysis and licensing and permitting activities have prepared clarifications on this issue.
1. In accordance with paragraph 1 of Article 9 of the Federal Law of July 21, 1997 No. 116-FZ “On Industrial Safety of Hazardous Production Facilities,” the organization operating a hazardous production facility is obliged to ensure that the hazardous production facility is staffed in accordance with established requirements.
Labor law norms do not apply to persons working under civil contracts (Article 11 of the Labor Code of the Russian Federation).
2. In accordance with clauses 20, 21, 22 of the Regulations on the organization of training and testing of knowledge of working organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision (RD 03-20-2007. approved by order of Rostechnadzor No. 37 of 01/29/2007 ):
Managers and members of certification commissions of organizations with fewer than 5,000 employees are certified by the territorial certification commissions of the Federal Service for Environmental, Technological and Nuclear Supervision.
Members of certification commissions of organizations with more than 5,000 employees are certified by the Central Certification Commission of the Federal Service for Environmental, Technological and Nuclear Supervision.
The certification commissions of the Federal Service for Environmental, Technological and Nuclear Supervision consider applications submitted to the secretariats of the certification commissions from supervised organizations in which those being certified work.
Question from 09/01/2017:
Order of the Federal Service for Environmental, Technological and Nuclear Supervision dated January 29, 2007 No. 37 “On the procedure for training and certification of employees of organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision” does not establish the number of members of the certification commission in the field of industrial safety in the organization. Previously, the company's Order established the size of the commission consisting of 5 certified employees. Now there are no such requirements. What number of employees should be required for membership in the commission?
Answer: The Rostechnadzor Office clarifies that, according to paragraph 18 of the “Regulations on the organization of work on training and certification of employees of organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision” (RD-03-19-2007), approved. By order of Rostechnadzor dated January 29, 2007 No. 37, certification commissions of supervised organizations are created by order (instruction) of the head of the organization.
The certification commission includes managers and chief specialists of the organization, heads and heads of departments of departments that carry out production and other types of internal control over compliance with industrial safety requirements, representatives of emergency rescue services and other highly qualified specialists.
Thus, the composition and number of the organization’s certification commission is determined by the head of the organization.
Question from 11/09/2018:
Should all members of an organization's certification committee be certified in the areas of industrial safety certification for which they conduct exams? Or is it enough for one member of the commission to be certified in this area, and the rest - in general requirements and other types of supervision?
Answer: The procedure for organizing the training and certification of specialists from organizations supervised by Rostechnadzor is determined by the Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision, approved. by order of Rostekhnadzor dated January 29, 2007 No. 37.
Members of certification commissions of organizations supervised by Rostechnadzor must be certified in the areas of certification for which exams are held in the relevant certification commission of Rostechnadzor, depending on the location of production facilities and the number of employees of the supervised organization.
Order of conduct
An important condition for checking the suitability of employees for positions is clearly defined responsibilities. Usually, for this purpose, an employment contract is properly drawn up. The employer is responsible for providing conditions for quality work performance.
Employees will not be able to perform functions properly if they do not have at least some of the tools and equipment and information materials. In this case, there is a high probability that the dismissal will be considered illegal if it takes place later.
To establish inspection rules, the employer issues a separate internal document. Employees are familiarized with this provision and put their personal signatures on it. Subordinates cannot be punished for non-compliance with established rules unless they are familiarized with the original documents.
Preparation
Employee training is also a prerequisite. They must receive information about the essence of the procedure. After this, certain actions are performed:
- Compiling lists of event participants.
- Drawing up characteristics for each or other document, which provides a detailed description of the work.
- Approval of the certification schedule and composition of the commission by appropriate order.
- Certification
Each employee is allowed to perform the following activities:
- Conversation.
- Passing the test.
- Study of characteristics or sheet for analysis.
All information on the results is entered into a special protocol. At the final stages, the information that was obtained is discussed. After this, a decision is made for each of the subordinates, and the written forms are supplemented with information. The decision made is also communicated to those who were subjected to such verification.
The personal card records the result that was achieved during the certification.
When the certification is completed, the manager makes a decision as to whether the employee is suitable for the position. The order records final thoughts on this matter.
On the rules for conducting employee certification
The rules for conducting certification of employees of the Labor Code of the Russian Federation have not been defined. Therefore, employers who are not subject to legislative and other regulatory legal acts regulating the procedure for certification of certain categories of employees (state civil servants, managers and specialists of transport organizations, etc.) are free to decide on the procedure for certification of their employees.
Unfortunately, many employers and even trade union committees do not attach any importance to this problem or do not even think about its existence. Thus, members of certification commissions are given the opportunity to decide the fate of those being certified, based on their own ideas about how to evaluate their professional activities. This is the main reason that the questions asked in such cases to the employee being certified by the members of the commission are unsystematic, unfocused, and sometimes not directly related to the topic of certification.
The responses of the person being certified to such questions are perceived ambiguously by the members of the commission, which inevitably leads to large differences in their opinions when the commission makes a decision about whether the employee is suitable for the position held, the work being performed, whether he should be recommended to be included in the organization’s personnel reserve, etc.
As for the person being certified, such questions disorient him, making it difficult to report on his professional activities. The person being certified, and even the members of the certification commission themselves, find themselves in an even more difficult position if, as guidance is used, and this often happens, various kinds of contradictory recommendations published in periodicals are used.
When developing regulations for the certification of employees, it is necessary, first of all, to proceed from the rights and freedoms of man and citizen proclaimed by the Constitution of the Russian Federation and those responsibilities that are assigned to the employee of the Labor Code of the Russian Federation and, in its development, by regulatory legal acts, local regulations adopted by the employer (internal labor regulations , job and production instructions, labor protection instructions, etc.).
The rights and freedoms of man and citizen proclaimed by the Constitution of the Russian Federation must be strictly observed at all stages of preparation for certification and its implementation, including when determining the criteria in relation to which the certification commission decides whether the person being certified corresponds to the position being filled or the work being performed. Let us remind readers of some of the rights and freedoms of man and citizen proclaimed by the Constitution of the Russian Federation that are directly related to the topic we are considering:
— fundamental human rights and freedoms are inalienable and belong to everyone from birth (Part 2 of Article 17);
— personal dignity is protected by the state. Nothing can be a basis for its belittlement (Part 1, Article 21);
- everyone has the right to privacy, personal and family secrets, protection of their honor and good name (Part 1, Article 23);
- collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed (Part 1 of Article 24);
— everyone is guaranteed freedom of thought and speech (Part 1, Article 29);
- no one can be forced to express their opinions and beliefs or to renounce them (Part 3 of Article 29);
— everyone is guaranteed freedom of literary, artistic, scientific, technical and other types of creativity and teaching. Intellectual property is protected by law (Part 1, Article 44).
The rights and freedoms of a citizen proclaimed by the Constitution of the Russian Federation protect (should protect) the certified employee from the presentation of various kinds of demands and assessments by the employer and the certification commission that are arbitrary in nature and violate these rights and freedoms.
What requirements can be presented to a certified employee by the employer, the certification commission, and by what criteria can his professional activities be assessed? The employee and the employer are equal parties to labor relations regulated by the Labor Code of the Russian Federation and other federal laws. Therefore, any requirements for an employee from the employer or the certification commission can be put forward exclusively within the framework of labor relations.
In the same way, the criteria for assessing the professional activity of the certified employee must be applied. The employer has the right and real opportunity to put forward demands in relation to the employee to the extent that the Labor Code of the Russian Federation imposes certain obligations on the employee in relation to the employer. In general, these employee responsibilities are declared in Art. 21 and 214 of the Labor Code of the Russian Federation. The employee is obliged:
— conscientiously fulfill his labor duties assigned to him by the employment contract;
— comply with internal labor regulations;
— maintain labor discipline;
— comply with established labor standards;
— comply with labor protection and safety requirements;
- treat the property of the employer and other employees with care;
— immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (Article 21 of the Labor Code of the Russian Federation).
The responsibilities of an employee in the field of labor protection are also in general form, but are set out in more detail in Art. 214 Labor Code of the Russian Federation. The employee is obliged:
— comply with labor protection requirements;
— correctly use personal and collective protective equipment;
— undergo training in safe methods and techniques for performing work and providing first aid to victims at work, instruction in labor protection, on-the-job training, testing of knowledge of labor protection requirements;
- immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);
— undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations).
The employer, in turn, has the right, according to Art. 22 of the Labor Code of the Russian Federation, require employees to fulfill their labor duties and take care of the property of the employer and other employees, and comply with internal labor regulations.
The above responsibilities of workers form their job responsibilities, which are personified by categories of workers: managers, specialists, employees, blue-collar workers. Labor responsibilities - the content of the work of employees - are given in the qualification characteristics contained in the Unified Qualification Directory of Positions of Managers, Specialists and Employees, as well as in the Unified Tariff and Qualification Directory of Work and Professions of Workers.
The content of work can be adjusted by job and production instructions approved by the employer. If a given employer does not apply qualification characteristics, then the content of the work is determined directly by job and production instructions. In both cases, employees are also required to comply with various rules and instructions, which also relates to their job responsibilities.
If the certified employee conscientiously fulfills the labor duties assigned to him in accordance with the Labor Code of the Russian Federation and the employment contract, he must be recognized by the certification commission as appropriate for the position held (the work performed). This employee cannot be accused of not being proactive enough, not independently improving his qualifications, etc.: the Labor Code of the Russian Federation does not assign such responsibilities to him. In this regard, one can express wishes to him, nothing more.
In the case where this employee also has the necessary professional knowledge and skills, is sociable, enjoys well-deserved authority among colleagues at work, the commission may decide that he corresponds to the position being filled (the work performed) and is recommended for inclusion in the prescribed manner in the employer's personnel reserve for filling a higher-level vacant position in the order of job growth.
It is a different matter if the person being certified performs his or her job duties in bad faith: does not comply with labor standards, allows defects in work, violates labor protection and safety rules, etc. The reason for this may lie either in the insufficient qualifications of the certified person or in omissions on the part of the administration, which did not provide the working conditions necessary for the normal work of the certified person. In this case, the certification commission, taking into account the circumstances of the case, makes one of two decisions:
— the employee corresponds to the position being filled (the work performed), subject to successful completion of advanced training;
- the employee does not correspond to the position being filled (the work performed) due to insufficient qualifications.
The second decision of the certification commission may mean for the certified employee a transfer with his written consent to another job available to the employer (Part 3 of Article 81 of the Labor Code of the Russian Federation) or dismissal under Clause 3 of Part 1 of Art. 81 of the Labor Code of the Russian Federation - due to the employee’s inadequacy for the position held or work performed due to insufficient qualifications confirmed by certification results.
When making a decision on the possible termination of an employment contract in accordance with clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, with an employee who is a member of a trade union, the employer carries out the procedure for taking into account the opinion of the elected body of the corresponding primary trade union organization in the manner established by Article 373 of the Labor Code of the Russian Federation.
If shortcomings in the work of the certified employee were entirely or partially due to the fault of the administration, the certification commission should not make a decision on his inadequacy for the position being filled (the work being performed).
Let us recall that, according to Part 3 of Art. 82 of the Labor Code of the Russian Federation, during certification, which may serve as a basis for the dismissal of an employee in accordance with clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, a representative of the elected body (trade committee) of the corresponding primary trade union organization must be included in the certification commission. If the employer has one primary trade union organization, then no problems arise for the persons forming the composition of the commission: a person authorized by the trade union committee is included in the commission as its equal member.
Problems may arise if the employer has, for example, three primary trade union organizations, whose members undergo certification. Does this mean that representatives of all three trade union committees should be included in the commission, which the employer is not interested in in principle? The fact is that representatives of trade union committees are persons, firstly, who are interested and, secondly, who, as a general rule, are not specialists in the field of assessing the professional data of workers. In addition, by combining their efforts due to common interests, these representatives may have the opportunity to influence the results of the commission’s work in a certain way.
How should an employer act in such a situation? Let's try to answer this question based on the provisions of the mentioned part 3 of Art. 82 Labor Code of the Russian Federation. From its text it follows:
1. If certification cannot serve as a basis for dismissal of an employee, then it is not necessary to include a representative of the trade union committee in the certification commission, for example, when certifying specialists for the right to assign them qualification categories.
2. If the employer has two or more primary trade union organizations, representatives of their elected bodies should be included in the commission. Each of these representatives participates in the work of the commission as its equal member in cases where employees who are members of the primary trade union organization, the interests of which this representative expresses, are certified.
Based on the foregoing, in cases where the employer has two or more primary trade union organizations, it is advisable to make a note to the text of clause 11 with the following content: “When conducting certification, which may serve as a basis for the dismissal of workers - members of trade unions in accordance with clause 3 Part 1 Art. 81 of the Labor Code of the Russian Federation, the certification commission must include one representative from the elected bodies of primary trade union organizations.
Moreover, each of the representatives participates in the work of the certification commission in cases where employees who are members of the trade union organization whose interests this representative expresses are being certified.”
Certification and its results
Based on the results of its work, the commission can issue several recommendations:
- Cash incentive.
- Application of punishments.
- Transfer to another position.
- Assignment to a higher rank.
- Increase or decrease in wages.
- Dismissal.
The manager should not follow these directions without controversy. He only takes note of the information received. If it is decided that the qualification level does not correspond to the position, the option of sending the citizen to retraining courses is acceptable. Or a mentor is assigned to such an employee.
Those for whom the commission has recommended transfer to a higher position may be included in the personnel reserve. This is a relevant solution, for example, if there are currently no suitable vacancies.
If a decision is made to dismiss a citizen, an offer of another position, according to the current level of skills, becomes a mandatory condition. The main thing is to make such proposals in writing in accordance with all requirements.
Certification results
Based on the results of the inspection, the commission may recommend monetary reward or punishment for the employee, transfer to another position, assignment to the next rank, increase or decrease in pay, or dismissal.
The employer takes the commission’s conclusions into account and does not follow them unconditionally. If the professional qualities of an employee are recognized as not corresponding to the position he occupies, the employer may send him to advanced training courses or assign a mentor to him. If the commission recommends transferring an employee to a higher position, but there are no vacancies in the organization, he may be included in the personnel reserve.
If a decision is made to dismiss an employee based on the results of certification, the employer must offer a job that matches his qualifications. The offer must be made in writing so that it is possible to prove the legality of dismissal if the employee refuses the offer. If the employee agrees, his transfer to another position is arranged. If you refuse the offered vacancies, the employment contract is terminated on the basis of clause 3, part 1, art. 81 TK.
There are categories of employees whose dismissal based on qualification assessment results is not permitted by law. The Labor Code establishes a ban on dismissal:
- pregnant women;
- employees with children under three years of age;
- single mothers or single fathers if the child is under 14 years old;
- guardians of children under 14 years of age.
Also by virtue of paragraph 6 of Art. 81 of the Labor Code, it is impossible to dismiss employees who are on vacation or sick leave at the time the order is issued. Trade union members are not subject to dismissal due to Part 2.Art. 82 Labor Code and employees under 18 years of age on the basis of Art. 269 TK.
The need for certification for suitability for the position held is obvious. It allows the employer to identify shortcomings in the professional training of employees, form the optimal personnel composition of the organization, and provides employees with opportunities for career growth and professional development.
Information on evaluation commissions
The following persons usually participate in special commissions:
- The authorized representative of the organization responsible for the problem.
- Representatives from the trade union.
- Representative from the employer.
- A specialist whose work at an enterprise is related to labor protection.
The procedure is not complete without representatives of certifying organizations. If violations and errors are detected without such a participant, any conclusions and results will be considered illegal.
Such associations have certain responsibilities:
- Preparation of the final report. It indicates all the information collected during the organization of the event.
- Creating a list with jobs. This is necessary to assess working conditions and identify factors that have a negative impact. Then it is determined whether personal protective equipment is needed.
- Preparation of the necessary documentation. It has not only an organizational character, but also a normative one.
- Evaluation control. All activities aimed at analyzing the available data are carried out independently.
- Filling out certification cards is considered an additional responsibilities of certification commissions.
What is an attestation commission?
The certification commission is a competent body created on the basis of an order from the head of the organization. The purpose of his work is a comprehensive and fair assessment of the level of qualifications, professionalism and productivity of specific employees. The work of the commission members is regulated by the current Certification Regulations and the issued order.
The number of certification commissions at the enterprise and their composition depends on the number of employees subject to testing and the established deadlines for certification. It is possible to create several commissions for groups of production departments or to evaluate employees performing functional duties that are similar in content and nature.
The composition of the commission is determined on the basis of the requirements of the current legislation and the provisions of local documents. The regulatory framework includes, inter alia, the following documents:
- Labor Code of the Russian Federation,
- Resolution of the State Committee for Science and Technology of the USSR No. 470, State Committee for Labor of the USSR No. 267 of October 5, 1973, as amended. dated November 14, 1986 (on the procedure for certification of specialists from industrial, communications, transport, and agricultural enterprises),
- industry documents, for example, Law dated July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”, Order of the Ministry of Education and Science of Russia dated April 7, 2014 No. 276 on the certification of teachers, other regulations governing the procedure for certification in different spheres.
The commission created in the organization is headed by a chairman. Usually the head of the commission is appointed by the general director, one of his deputies or a competent specialist. The composition also includes a secretary and members of the commission appointed by order of management.
If the results of the certification may become the basis for the dismissal of one or more employees in accordance with Art. Labor Code of the Russian Federation - a representative of the elected trade union body (if any) must be included in the commission. The form of participation of the trade union representative must be defined in the Certification Regulations.
A meeting of an authorized body is usually considered valid if at least two thirds of its members are present. The decision for each employee is made by voting. When voting, each member of the commission has one vote.