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Permanent transfer to another job is possible only by agreement of the parties to the employment contract.

No notifications, statements in this case, it is not necessary to make. The main document in the translation is an additional agreement to the employment contract.

If the transfer is initiated by an employee, he usually writes . If the administration of the organization - you need to obtain the written consent of the employee for the transfer. In practice, consent is most often formalized as follows. The employee writes on the transfer order: “I agree to the transfer.”

If the initiative to transfer comes from the head of the structural unit, you should (but not necessarily) prepare. In this document, the head of the department must characterize the professional and business qualities of the employee and justify the reason for the transfer. At the presentation, the head of the organization puts his resolution.

Regardless of who initiates the transfer, the basis for issuing an order to transfer according to (), approved, or according to is changes to the employment contract. Make changes to the employment contract in the form.

If no special regulatory legal act on the procedure for attestation has been adopted in relation to your organization, then the employer has the right to independently determine this procedure, including the requirements for the composition of the certification commission, and fix it in a local act.

Therefore, formally, you have the right to conduct an attestation of an employee in accordance with the Regulations on attestation in force in your organization, based on the results of which the attestation commission has the right to conclude that the employee is not suitable for the position held, after which the head of the organization has the right to dismiss him (clause 3, part 1, article 81 of the Labor Code of the Russian Federation).

So, you can conduct an employee appraisal, and if, according to the results of the appraisal, the employee is found to be inappropriate for the position due to insufficient qualifications, he must be offered a transfer to another position ( including lower paid or less qualified - which must first be entered into the SR). In case of refusal of the offered vacancies (or in the absence of a suitable job in the organization), the employee can be dismissed under clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation.

For more information on the procedure for dismissal on this basis, see add. materials.

Also, at any time, you can issue a dismissal by agreement of the parties to the employment contract.

What As for the increase in the discharge, then in this case it is also sufficient additional. agreements with the employee (and signatures on the certification sheet). There is no need to take any statements from him.

Details in the materials of the System Personnel:

1. Answer:How to file a dismissal due to inconsistency of an employee with a position

Grounds for dismissal

Under what conditions can an organization dismiss an employee due to inconsistency with the position held

Inconsistency with the position held as a basis for dismissal is provided for in Part 1 of Article 81 of the Labor Code of the Russian Federation. The reason for the dismissal is the lack of qualifications of the employee.

This ground for dismissal refers to dismissal at the initiative of the employer, which means that the employer must comply with ().

In the absence of a direct prohibition, it is possible to dismiss an employee due to insufficient qualifications only after the event. The termination of the employment contract must be confirmed by its results (). The legitimacy of such a position is also confirmed by the courts, see, for example, appeal rulings,.

Attention: dismiss an employee due to inconsistency with the position held during his (). It is necessary to wait until the end of the vacation or illness and carry out the dismissal on the first day of going to work. If this order is violated, the employee will ().

Job offer

Is the organization obliged, upon dismissal of an employee due to inconsistency with the position held, to offer him another job

Before dismissing an employee due to insufficient qualifications, he needs to be offered another job in the same organization (including in a lower position and lower-paid job) (). A list of vacant positions available in the organization can be compiled in writing as.

On the proposal, the employee must express in writing his consent or disagreement to another job. If the employee refuses to sign the offer, write a refusal to sign. The act must also be drawn up if the employee refuses the offered vacancies, but expresses the refusal orally. In turn, this will be evidence of the legitimacy of the employer's actions if an employee dismissed on the basis of inconsistency with his position goes to court with a claim for reinstatement ().

Question from practice: how long should an employment contract be terminated with an employee who, according to the results of certification, is recognized as inappropriate for the position held

Documenting

What documents need to be issued upon dismissal of an employee due to inconsistency with the position held

Dismiss an employee on the basis of inconsistency with the position held in the usual manner. First, issue a dismissal order according to a unified (), approved, or according to. Then make an entry about the dismissal in the employee's work book: "Dismissed due to insufficient qualifications, confirmed by the results of certification, clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation" (Instructions approved,).

Question from practice: what documents should be indicated in the order in the form No. T-8 (No. T-8a) as a basis for dismissal under clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation

Since the dismissal of an employee due to insufficient qualifications must be confirmed, then indicate (). For example, the minutes of the meeting of the attestation commission, the order on measures following the results of attestation, as well as the offer of another job (position) with the refusal of the employee.

Example of registration of dismissal in connection with the inconsistency of the employee with the position held

The organization has carried out Certification was carried out in writing, in the form of a test for job responsibilities. Accountant V.N. Zaitseva did not answer a single question of the test. The commission came to the conclusion that she was insufficiently qualified.

Based on the results of the certification, Zaitseva was sent the vacancies available in the organization. The employee refused the job offer.

The HR specialist issued a dismissal due to insufficient qualifications of the employee and made entries in his work book

According to paragraph 6 of the General Provisions of the Qualification Handbook, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 N 37, qualification categories are established by the head of the enterprise, institution, organization. This takes into account the degree of independence of the employee in the performance of official duties, his responsibility for decisions made, attitude to work, efficiency and quality of work, as well as professional knowledge, practical experience, determined by work experience in the specialty, etc.

According to paragraph 10 of the General Provisions of the Qualification Handbook, approved by Decree of the Ministry of Labor of Russia dated 08.21.1998 N 37, persons who do not have special training or work experience established by qualification requirements, but who have sufficient practical experience and perform qualitatively and in full the tasks assigned to them official duties, on the recommendation of the attestation commission, as an exception, can be appointed to the relevant positions in the same way as persons with special training and work experience.

Thus, it is possible to assign a category to an employee based on the results of certification. The composition of the attestation commission can be any, as a rule, it includes the head of the personnel department and a representative of the trade union (if the organization has a trade union). If the organization has specialists with relevant education and work experience, you need to involve them in participation in certification. It is not necessary to involve third-party specialists.

Read more about employee categories here:

• How to reflect positions with ranks and categories in the staffing table, if each category has its own salary. The total number of employees by position with a category is determined, while the number of staff units for each of the categories is not standardized and is calculated upon the fact of hiring employees

If there are no specialists with sufficient qualifications, a third-party specialist can be involved in the certification - for example, from an educational institution of the corresponding profile.

On the assignment of a category, you need to make an entry in the work book in the section. In column 1 of the specified section, put the next serial number of the entry, in column 2 indicate the date the category was assigned, in column 3 make the main entry. In column 4, indicate the number and date of the order to assign the category.

Details in the materials of the System:

1. Answer: How to conduct employee appraisal

Employees of any organizations whose production activities are related to the movement of trains and shunting work on public railways ();

Employees whose activities are related to ensuring the safety of navigation, flights and movement of ground vehicles (Regulations, approved);

Teaching staff (Procedure, approved, Regulations, approved);

Customs officers (, regulations, approved);

Employees working at hazardous production facilities ().

For certification you need:

Regulations on certification

The certification statement is a local document of the organization (). The standard form of the document is not provided for by law, therefore the Regulations on certification can be drawn up in. When developing it, you can take the approved as a basis.

As a rule, the Regulations indicate:

Requirements for the qualifications of employees (for example, compliance with labor standards, compliance with labor discipline, etc.). Such requirements can be set on the basis of approved ();

Positions of employees whose knowledge will be tested for certification;

The procedure for conducting scheduled and extraordinary certification;

The procedure for the formation of the attestation commission;

certification procedure;

Registration of the results of attestations (the procedure for keeping minutes of the meeting of the attestation commission, issuing an order based on the results of attestation, etc.).

The regulation on certification is put into effect by order of the head of the organization. After the provision enters into force, it must be familiarized with it against the signature of all working employees and each new employee when hiring ().

Certification initiated by the employer

If certification is not mandatory, but the employer plans to conduct it, the obligation of the employee to undergo certification should be fixed in the employment contract. The Labor Code of the Russian Federation does not provide for any restrictions on the certification by the employer. This means that certification can be carried out in relation to any category of employees. At the same time, the employer can set such restrictions on his own, for example, exempt pregnant women from attestation.

Certification initiated by the employee

If the initiator of the certification is an employee, he submits an application.

in commercial organizations

The form for an employee's application for certification is not established by law, so it can be drawn up in.

The decision to conduct certification

Start any certification with a decision to conduct it. Such a decision must be made by the head of the organization or the employee in whose competence is the appointment of certification. Make a decision by order. Include information in it:

On the timing (schedule) and place of certification;

On the circle of employees subject to certification;

On the appointment of an attestation commission or on the timing of its formation (appointment or election, if the commission is elected);

If the attestation is extraordinary about the grounds for the attestation.

The order may also impose duties (for example, on the heads of departments):

Preparation of documents for certification;

For the preparation and transfer to the certification commission of information about which of the employees and when improved their qualifications, certification sheets for the previous certification, etc.

The composition of the certification commission

The composition of the commission can be anything. Usually it includes heads of departments, an employee of the personnel department. If the organization has a trade union, its representative must be a member of the commission ().

Employee Notice

Notify employees in advance of the upcoming certification. This can be done in writing, for example, through the head of the department.

Editor's tip: before certification, check whether the job responsibilities of employees are spelled out in the relevant document. As a rule, this information is indicated either in the employment contract with the employee, or in his job description.

If a labor dispute arises and the organization does not have a document that spells out the official duties of the employee, the court may invalidate the results of the certification. It is impossible to draw a conclusion about the compliance or non-compliance of an employee with the position held without clear evaluation criteria.

The procedure for certification

Certification is carried out in the order prescribed in the Regulations. This may be a written test, an interview, a written exam, a practical session, etc.

Registration of certification results

Based on the results of the certification, the commission makes a decision on the compliance or non-compliance of the employee with the position held. Reflect the reasoned decision in the certification sheet (protocol).

Familiarize employees with the results of certification under signature. This is necessary to provide employees with the opportunity to express their opinion on the results of the certification, appeal them if they do not agree with the conclusions of the commission.

Upon completion of certification, provide all materials to the head of the organization (another authorized person). He must make the final decision on the results of certification.

Information about the results of the certification included in the employee.

in commercial organizations

The forms of the attestation sheet and protocol are not established by law. Therefore, they can be compiled in any form (, meetings of the attestation commission).

An example of processing the results of employee appraisal

Five accountants were certified in the organization. For this, an attestation commission was created, which included:

head of personnel department E.E. Gromova (chairman of the commission);

chief accountant A.S. Glebova (commission member);

chairman of the elected trade union body T.P. Mukhina (member of the commission);

Deputy Director A.S. Kondratiev (commission member);

secretary E.V. Ivanova (secretary of the commission).

Certification was carried out in the form of an interview (according to the official duties of accountants). V.N. Zaitseva answered all questions. The commission came to the conclusion about its suitability (meetings of the attestation commission,).

After certification, it was issued on the activities following the results of certification.

Job inconsistency

Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

2. Answer: How to make an entry in the work book about assigning a new rank to an employee or obtaining a new profession?

If an employee is assigned a new category (class, category, etc.) during the period of work or he receives a second and subsequent profession, then this must be reflected in the work book in the section. In column 1 of the specified section, put the next serial number of the entry, in column 2 indicate the date the new profession was established or the rank was assigned, in column 3 make the main entry. In column 4, indicate the details of the supporting document: its number and date.

The establishment of a new profession for the employee is additionally reflected on the first page (title page) of the work book. To do this, do not change anything in the “Education” line, and in the “Profession, specialty” line, indicate another received profession separated by commas. In addition, indicate on the cover of the work book the details of the supporting document.

Such conclusions follow from the provisions of paragraphs, Instructions approved.

An example of filling out the "Information about work" section of a work book. The employee received a second job

A.V. Lampochkin was hired by the organization in January as a locksmith of the fourth category. In September, Lampochkin received a second profession - an electrician of the third category.

The employee responsible for maintaining personnel records made the following entries in the employee.

3. Regulatory framework: "Qualification directory of positions of managers, specialists and other employees" (approved by the Decree of the Ministry of Labor of Russia of 08/21/1998 N 37) (as amended on 05/15/2013)

GENERAL PROVISIONS

1. The qualification directory of positions of managers, specialists and other employees (technical performers) is intended to address issues related to the regulation of labor relations, ensuring an effective personnel management system at enterprises, institutions and organizations of various sectors of the economy, regardless of ownership and organizational and legal forms activities.

The qualification characteristics included in this edition of the Handbook are regulatory documents designed to justify the rational division and organization of labor, the correct selection, placement and use of personnel, ensuring unity in determining the duties of employees and the qualification requirements for them, as well as decisions made on compliance positions held during the certification of managers and specialists.

2. The construction of the Directory is based on the job description, since the requirements for the qualifications of employees are determined by their job responsibilities, which, in turn, determine the names of the positions.

The directory was developed in accordance with the accepted classification of employees into three categories: managers, specialists and other employees (technical performers). The assignment of employees to categories is carried out depending on the nature of the predominantly performed work that makes up the content of the employee's work (organizational-administrative, analytical-constructive, information-technical).

The names of the positions of employees, the qualification characteristics of which are included in the Directory, are established in accordance with the All-Russian Classifier of Occupations of Workers, Positions of Employees and Pay Grades OK-016-94 (OKPDTR), which came into force on January 1, 1996.

3. The qualification guide contains two sections. The first section provides the qualification characteristics of industry-wide positions of managers, specialists and other employees (technical performers), which are widespread in enterprises, institutions and organizations, primarily in the manufacturing sectors of the economy, including those on budget financing. The second section contains the qualification characteristics of the positions of employees employed in research institutions, design, technological, design and survey organizations, as well as editorial and publishing divisions.

4. Qualification characteristics at enterprises, institutions and organizations can be used as regulatory documents of direct action or serve as the basis for the development of internal organizational and administrative documents - job descriptions containing a specific list of job responsibilities of employees, taking into account the specifics of the organization of production, labor and management, and as well as their rights and responsibilities. If necessary, the duties included in the description of a particular position can be distributed among several performers.

Since the qualification characteristics apply to employees of enterprises, institutions and organizations, regardless of their industry affiliation and departmental subordination, they present the most characteristic work for each position. Therefore, when developing job descriptions, it is allowed to clarify the list of works that are characteristic of the corresponding position in specific organizational and technical conditions, and the requirements for the necessary special training of employees are established.

In the process of organizational, technical and economic development, the development of modern management technologies, the introduction of the latest technical means, the implementation of measures to improve the organization and increase labor efficiency, it is possible to expand the range of duties of employees in comparison with the established corresponding characteristics. In these cases, without changing the official name, the employee may be entrusted with the performance of duties stipulated by the characteristics of other positions, similar in content to work, equal in complexity, the performance of which does not require a different specialty and qualifications.

5. Qualification characteristics of each position has three sections.

The section "Job Responsibilities" establishes the main labor functions that can be entrusted in whole or in part to the employee holding this position, taking into account the technological homogeneity and interconnectedness of work, allowing for optimal specialization of employees.

The "Must Know" section contains the basic requirements for an employee with regard to special knowledge, as well as knowledge of legislative and regulatory legal acts, regulations, instructions and other guidance materials, methods and means that the employee must apply in the performance of job duties.

The "Qualification Requirements" section defines the level of professional training of the employee necessary to perform the prescribed job duties, and the requirements for work experience. The levels of required vocational training are given in accordance with the Law of the Russian Federation "On Education".

6. In the characteristics of the positions of specialists, within the same position without changing its name, intra-position qualification categorization for remuneration is provided. *

Qualification categories for remuneration of specialists are established by the head of the enterprise, institution, organization. This takes into account the degree of independence of the employee in the performance of official duties, his responsibility for decisions made, attitude to work, efficiency and quality of work, as well as professional knowledge, practical experience, determined by work experience in the specialty, etc.

7. The Directory does not include the qualification characteristics of secondary positions (senior and leading specialists, as well as deputy heads of departments). The duties of these employees, the requirements for their knowledge and qualifications are determined on the basis of the characteristics of the corresponding basic positions contained in the Directory.

The issue of the distribution of duties of deputy heads of enterprises, institutions and organizations is decided on the basis of internal organizational and administrative documents.

The use of the official title "senior" is possible provided that the employee, along with the fulfillment of the duties stipulated by the position held, manages the executors subordinate to him. The position of "senior" may be established as an exception and in the absence of performers in the direct subordination of the employee, if he is assigned the functions of managing an independent area of ​​work. For positions of specialists for which qualification categories are provided, the official title "senior" is not applied. In these cases, the functions of managing subordinate executors are assigned to a specialist of the first qualification category.

The job responsibilities of the "leaders" are established on the basis of the characteristics of the respective positions of specialists. In addition, they are entrusted with the functions of a manager and a responsible executor of work in one of the areas of activity of an enterprise, institution, organization or their structural divisions, or duties of coordination and methodological leadership of groups of performers created in departments (bureaus), taking into account the rational division of labor in specific organizational units. -technical conditions. The requirements for the required work experience are increased by 2-3 years compared to those provided for specialists of the first qualification category. Job responsibilities, knowledge requirements and qualifications of deputy heads of structural units are determined on the basis of the characteristics of the respective positions of heads.

The qualification characteristics of the positions of heads (heads) of departments serve as the basis for determining the job responsibilities, knowledge requirements and qualifications of the heads of the relevant bureaus when they are created instead of functional departments (taking into account industry specifics).

8. The compliance of the duties actually performed and the qualifications of employees with the requirements of job characteristics is determined by the certification commission in accordance with the current regulation on the procedure for conducting certification. At the same time, special attention is paid to the quality and efficient performance of work.

9. The need to ensure the safety of life and health of workers in the course of work puts forward the problems of labor protection and the environment among urgent social tasks, the solution of which is directly related to the observance by managers and each employee of an enterprise, institution, organization of existing legislative, intersectoral and other regulatory legal acts on labor protection, environmental standards and regulations.

In this regard, the official duties of employees (managers, specialists and technical performers), along with the performance of the functions provided for by the relevant qualification characteristics of the position, provide for mandatory compliance with labor protection requirements at each workplace, and the official duties of managers - ensuring healthy and safe working conditions for subordinate performers, as well as monitoring their compliance with the requirements of legislative and regulatory legal acts on labor protection.

When appointing to a position, it is necessary to take into account the requirements for the employee to know the relevant labor safety standards, environmental legislation, norms, rules and instructions for labor protection, means of collective and individual protection against the effects of hazardous and harmful production factors.

10. Persons who do not have special training or work experience established by the requirements for qualifications, but who have sufficient practical experience and who perform the duties assigned to them qualitatively and in full, on the recommendation of the attestation commission, as an exception, may be appointed to the relevant positions in the same way. as well as persons with special training and work experience.

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