If the necessary conditions exist (work experience in the specialty, management of an independent work area, etc.), a specialist can be promoted to a higher qualification category or transferred to the position of a leading specialist. These steps need to be done correctly.
Transfer of an employee to the position of a leading specialist
The title of the position with the definition "leading" is possible for those employees who, in addition to fulfilling the duties of their position, carry out functional, coordinating or methodological management of subordinate performers or an independent work site<1>. This title is reserved for professional positions. top level qualifications for which qualification categorization is established (legal advisers, engineers, etc.).
<1>Ch. 2 p. 5 General Provisions Unified qualification directory of positions of employees, approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus of 02.01.2012 N 1 (hereinafter - the General Provisions of the EKSD).
A position indicating "leading" is inherently derivative. However, it is an independent position and is not categorized.<2>. For example, the base position is legal adviser, the full name of the derivative position is lead legal adviser (for example, there may be a category 2 legal adviser, but there cannot be a category 1 leading legal adviser). The assignment by the employer to the employee of work in another position (compared to the one stipulated in the employment contract) is a transfer<3>.
<2>Part 3, paragraph 5 of the General Provisions of the EKSD.
<3>Part 1 Art. 30 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code).
When transferring to the position of a leading specialist, the immediate supervisor of the employee or personnel department(other services) addresses the management with a memorandum (sample 1). In this case, it is necessary to request the consent of the employee, which he can personally put on the proposal for transfer to another job (sample 2).
Sample 1
│Legal Department to the Director of Sever LLC│
│ Kopeiko I.I. │
│MEMORY │
│24.10.2012 N 8 │
│g. Minsk │
│ Medvezhina Inna Aleksandrovna, legal adviser of the 1st category of legal │
│department, has been successfully working in this position since 2007. From the present│
In the meantime, she will be entrusted with managing the contractual work of Sever LLC. │
│ In connection with the foregoing, I propose to translate Medvezhina I.A. on│
│Leading Legal Counsel. │
│Head of the Legal Department Signature I.I. Ivanov│
└─────────────────────────────────────────────────────────────────────────┘
Sample 2
┌─────────────────────────────────────────────────────────────────────────┐
│Limited Company Legal Department │
│responsibility of "North" to the Legal Counsel of the 1st category│
│ Medvezhina I.A. │
│OFFER │
│24.10.2012 N 21 │
│g. Minsk │
│About transferring to another job │
│ Due to the fact that you are entrusted with the leadership of an independent
│plot - contractual work of Sever LLC - taking into account the available │
│qualifications, we offer you a transfer to the position of Leading Legal Counsel with│
│01.11.2012. │
│ Please report the decision in writing by 31.10.2012. │
│Appendices: 1. Job description of the leading legal adviser for 2 sheets. at 1│
│ 2. Draft contract for 2 years. in 1 copy. │
Can.ASSIGNMENT OF QUALIFICATION CATEGORIES TO SPECIALISTS
Assignment of qualification categories to specialists is carried out in the manner determined by the collective agreement, agreement or employer in accordance with the qualification characteristics of the positions of specialists provided for by the EKSD, taking into account the recommendations attestation commission.
When assigning a qualification category, the complexity of the labor functions performed by the specialist, the degree of independence in their performance, his responsibility for the work performed, the initiative and creative attitude to work, the efficiency and quality of work, as well as practical experience, determined by work experience in the specialty, professional knowledge and etc. (clause 20 of the General Provisions of the EKSD).
Thus, Article 61 of the Labor Code of the Republic of Belarus provides that the attribution of work performed to specific tariff categories (positions) and the assignment of appropriate qualifications to employees are carried out in the manner determined by the collective agreement, agreement or employer on the basis of qualification reference books approved in the prescribed manner.
Taking into account the specified requirement of the legislation in the organization, on the basis of a local regulatory legal act (for example, the provision on the assignment of qualification categories), the procedure for assigning qualification categories to specialists is established.
For reference
Hiring an employee for a position of a specialist of the 1st or 2nd category cannot serve as a basis for assigning the appropriate qualification to the employee.
A qualification category is considered awarded only if this decision was adopted at a meeting of the certification commission and approved by the order of the employer, and a corresponding entry was made in the work book of the employee.
Qualification categories are assigned to those positions of specialists for which the qualification characteristics of the EKSD provide for intra-position categorization, and in the manner and on the conditions provided for by the relevant qualification requirements. At the same time, specialists with the education and work experience provided for by the qualification characteristics in the relevant positions are allowed for certification (clauses 22, 23 of the General Provisions of the EKSD).
For the position of "Accountant", contained in issue 1 of the EKSD, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated December 30, 1999 No. 159, subject to changes and additions, the following qualification requirements are provided:
Accountant: higher professional (economic) education without requirements for work experience or secondary specialized education without requirements for work experience.
Taking into account these qualification requirements, it is possible to assign the 2nd qualification category to an accountant only if the employee has at least 3 years of experience in the position of an accountant, and the 1st qualification category is assigned if there is work experience in the position of an accountant of the 2nd qualification category at least 3 years respectively.
If the qualification requirements provide for additional conditions (for example, for a specialist in customs clearance the employee is required to have a qualification certificate of a customs clearance specialist, as well as to take advanced training courses for customs clearance specialists once every 3 years), the employer is obliged to take them into account both when appointing to this position and when assigning a qualification category to this employee. Moreover, the employer may, in accordance with the established procedure, provide, along with the requirements qualification characteristic Additional requirements to knowledge vocational training, length of service, etc. when assigning a qualification category to specialists in the relevant area of activity (clause 23 of the General Provisions of the EKSD).
When assigning a qualification category to specialists, the employer has the right, on the basis of a local regulatory legal act, to establish additional requirements along with those in the qualification description (for example, for some positions of specialists - the requirement of knowledge of a foreign language, advanced training courses, etc.).
Qualification categories are assigned to employees sequentially (second, first, highest), and further confirmation of them is not required, unless otherwise provided by law (clause 24 of the General Provisions of the EKSD).
So, the attestation commission may recommend that an employee who has been working for at least 3 years as an engineer without a category be assigned the 2nd qualification category, but the 1st qualification category for the position of an engineer can be assigned to this employee, provided that his work experience as an engineer 2nd category will be at least 3 years.
As an exception, a specialist who does not have a qualification category and is appointed (accepted) to a position may be assigned a qualification category, provided that he has work experience provided for by the qualification requirements of the qualification characteristics of the relevant position, incl. experience in leadership positions in this area of activity. This takes into account his practical experience, as well as the business, personal qualities of a specialist, the level of his professional knowledge, skills and abilities (clause 25 of the General Provisions of the EKSD).
A specialist working as an accountant and having 10 years of experience as a chief accountant (deputy chief accountant, chief accountant, accountant) may be assigned the 2nd or 1st qualification category in the manner prescribed by the organization's local regulatory legal act. criterion in this case it is considered that the employee has work experience, which must be at least the total work experience in the relevant positions, provided for by the qualification requirements for the 2nd and 1st categories. For example, for an accountant of the 1st qualification category, this experience will be at least 6 years (3 years + 3 years).
Features of the assignment of qualification categories to specialists in certain industries are regulated by the relevant regulatory legal acts (clause 26 of the General Provisions of the EKSD). The assignment of qualification categories to individual specialists (healthcare workers, education workers, etc.) is established by industry regulatory legal acts. In addition, for certain categories of specialists in these industries, the qualification characteristics provide for the highest qualification category.
The procedure for creating an attestation commission
To assign qualification categories to specialists, certification commissions are created in organizations, which in their activities are guided by the legislation of the Republic of Belarus, relevant regulatory legal acts, qualification reference books, as well as the General Provisions of the EKSD.
The composition, size of the attestation commission and other conditions for the assignment of qualification categories may be determined in the organization, taking into account the procedure provided for model provision on certification of managers and specialists of enterprises, institutions and organizations, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated October 31, 1996 No. 84 (clause 27 of the General Clauses
Any personnel officer knows that labor legislation prohibits discrimination in the field of wages. Employees with the same qualifications performing an identical labor function must have equal salaries according to the staffing table. At the same time, if the functionality of employees differs in the volume or complexity of work, they can be set different salaries, providing qualification categories within the same position.
How to arrange it? Is it necessary to conduct employee appraisal? Do staffing needs to be adjusted? Will there be changes to job descriptions?
What are qualification categories
If the organization has decided to differentiate wages depending on the qualifications of employees, you can divide a particular position into categories. At the same time, it is not enough to simply add the words “senior”, “junior”, “leading” to the title of the position. It is necessary to prescribe for each category different requirements for the level of education, qualifications and work experience. The Labor Code does not contain the concept of a qualification category, and in most cases the employer is not obliged to establish it. Qualification Handbook No. 37 provides for the division into categories for some professional positions.
For example, the position of an engineer can be divided into the positions of an engineer of the 1st category, an engineer of the 2nd category, and an engineer proper; position of legal adviser - for a legal adviser of the 1st category, a legal adviser of the 2nd category, a legal adviser, etc.
However, it is necessary to comply with the requirements of qualification reference books only in two cases (paragraph 3 of the second part of article 57, articles 143, 144 of the Labor Code of the Russian Federation):
- if the performance of work in a certain profession or position is associated with the provision of compensation, benefits or the presence of restrictions (for example, teachers, doctors, etc.);
– if the employer is a state or municipal institution.
When the word “senior” is added to the title of the position, this implies that the employee has subordinates and manages them, or he is assigned the function of managing an independent work area. If an employee is responsible for the direction of activities, coordinates or provides methodological guidance to groups of performers, the word “leader” can be added to his position. At the same time, he must have
work experience is two to three years more than a specialist of the 1st category in a similar position (clause 7 of the General Provisions Qualification Handbook № 37).
At the same time, commercial organizations have the right to independently determine the names of positions and qualification classes. Therefore, it is often possible to meet the gradation “junior - senior - leading”, which is not based on the requirements of Qualification Guide No. 37. In which local act can positions be divided into categories. The breakdown of positions into separate categories can be reflected in any local regulatory act of the organization: internal labor regulations, regulations on job categories, etc. (Article 8 of the Labor Code of the Russian Federation). However, most often such a division is indicated in the regulation on remuneration. If the document did not previously have such a gradation, it needs to be amended. To do this, the head of the organization must issue an order. Since the introduction of categories, as a rule, affects the size of salaries, it is necessary to make changes to the staffing table.
Changes are made by order of the head of the organization. It should be noted in it which staff units are excluded from the staffing table, and which are to be included in it, indicating official salaries and increasing coefficients.
Is it necessary to carry out certification in order to assign a qualification category to an employee?
Formally, the employer is not required to conduct an employee appraisal in order to assign him a category. However, this procedure will allow an objective assessment of the qualifications and professional skills of the employee, compliance with the category criteria for the position held. The conclusion of the attestation commission will serve as the basis for issuing the order of the head on the assignment of a qualification category.
The certification procedure should be fixed in the local regulatory act of the organization. An order for attestation can be drawn up in any form.
Employees responsible for the execution of the order must be familiarized with it against signature.
We conclude additional agreements and adjust job descriptions
Each qualification category within the basic position implies its own volume and specifics of work. Therefore, when the category changes, as a rule, the labor function changes, which should be documented by translation (Article 72.1 of the Labor Code of the Russian Federation). However, even if the job function does not change, the category assignment will affect the employee's salary and job title. Therefore, in any case, it is necessary to conclude an additional agreement to the employment contract. When, when assigning a category, the working conditions change
of the contract, the employee must be notified in writing at least two months in advance. If he does not agree to work in the new conditions, offer him another available job that is suitable
for health. In the absence of such work or if the employee refuses it, he can be fired under clause 7 of part one of Article 77 of the Labor Code (Article 74 of the Labor Code of the Russian Federation).
On the basis of an additional agreement, if necessary, issue a transfer order. Also make changes to job descriptions. The corrective action depends on
whether this document is an annex to the employment contract or acts as an independent act. In the first case, the changes are reflected in additional agreement to an employment contract. In the second - the job description is approved
V new edition order of the head of the organization.
1. Can a specialist be a leader if he is the only one (for example: one person works in the personnel department, he is also responsible for organizing ideological work, keeps records of those liable for military service, the position is called “leading specialist in personnel”, is charged according to the 14th category; one labor protection engineer, the position is called “leading labor protection engineer”, is charged according to the 14th category)? The Decree of the Ministry of Labor of the Republic of Belarus dated March 30, 2004 No. 32 (as amended by the Decree of the Ministry of Labor of the Republic of Belarus dated October 30, 2007 No. 135) states that the name of the derivative position “leading” can be used for positions of specialists of the highest qualification level, for which qualification categorization is established, provided that the employee performs the functions the head and responsible executor of work in one of the areas of activity of the organization or its structural unit, or the obligation to coordinate and methodologically guide the performers, taking into account the rational division of labor in specific organizational and technical conditions (clause 13 of the General Provisions). In the above example, specialists do not have employees directly subordinate, but they independently make decisions and are responsible for them, cooperate with specialists at all levels of management, coordinate their activities and take a significant part in the activities of the organization.
Paragraph 14 of Resolution No. 60 of April 26, 2010 states that in cases provided for by law, including local regulatory legal acts, a service can be created in an organization as structural subdivision(production structural unit) regardless of the number of employees. At the same time, the employer independently determines the feasibility of introducing the position of the head of the service, as well as its pricing for one of the levels of management in accordance with Appendix 1 to the Instruction, based on the number of subordinate employees.
It may be appropriate in this situation to create a labor protection service, personnel service and, at the discretion of the employer, assign the head of the service 14th category? And what in this situation is considered a case provided for by law, including a local regulatory legal act - an order from the head to create a service?
2. Is it necessary to job description prescribe the leading specialist, who is subordinate to him?
3. Can the employer, at its discretion, assign categories I and II to a specialist if he does not have a higher education and (or) relevant experience, or has an education, but does not have sufficient experience? Clause 25 of the General Provisions states that, as an exception, a specialist who does not have a qualification category and who is appointed (accepted) to a position may be assigned a qualification category, provided that he has work experience provided for by the qualification requirements of the qualification characteristics of the relevant position, including experience in leadership positions in this area of activity. This takes into account the practical experience he has, as well as the business, personal qualities of a specialist, the level of his professional knowledge, skills and abilities.
- If it is possible to assign a category, then how to properly document it, should it be written in the Collective Agreement, noted in the work book, etc.?
− If not, what should be done with employees who were previously assigned categories? over what period of time to review the assignment of categories? Do I need to recalculate wages and for what period of time, how to reflect it in the accounting?
