Certification of workplaces and employees is an effective tool with which the employer can determine the level of staff qualification and establish its compliance with the occupied positions or tasks. With a small staff, the manager without an audit can understand how conscientiously employees perform their duties. But the more people there are at the enterprise, the harder it is to do. The essence of the procedure is to evaluate the performance of employees, testing their knowledge and skills. In addition, certification of workplaces is carried out at enterprises. The essence of this procedure is to assess working conditions and verify their compliance with established standards.
General information
Assessment of working conditions and certification of workers of state / municipal budgetary institutions are carried out in accordance with regulations approved by executive authorities. For them, the procedure is mandatory. Do certification workplaces and employees in commercial organizations? Yes, of course they do. Certification of workers in non-budget organizations is regulated by local acts containing the provisions of the Labor Code and other sectoral legal documents.
It is worth saying that many employers do not conduct verification, considering it very costly and complicated. At the same time, part of the employers performing certification is often limited only to the formal collection of documents and signatures, which does not bring the desired effect.
For workers, the results of certification are of great practical importance. So, the head of the enterprise can increase the employee in the position or increase his salary, as well as terminate the employment contract with him if it is found that the position is inconsistent. Taking this into account, in order to avoid appealing against the procedure, recognizing the provisions of local acts as discriminatory or worsening the situation of personnel in comparison with the conditions provided for by the Labor Code, it is recommended that managers include rules similar to those in acts regulating certification at the federal level in internal documents.
Procedure value
For the head of the organization, certification of workers is an opportunity to optimize the use of labor. The employer can determine the level of qualification not only of each individual employee, but of the entire staff as a whole. On the basis of the results obtained, the manager creates additional incentives for the professional growth of employees, improving their skills. It is also important that the manager gets the opportunity to create a personnel reserve by including the most competent specialists in it. The results of the audit are the basis for terminating the contract with employees whose qualifications do not meet the requirements established for the respective position.
For workers, certification is an opportunity to prove that they are competent specialists with the qualifications and professionalism sufficient to carry out more work or more complex tasks. Accordingly, they can expect a promotion or salary increase.
Key Tasks
The certification program for workers is aimed at:
- Establishment of the compliance of employees with their positions.
- The formation of a highly qualified staff.
- Providing the possibility of reasonable and objective movement of personnel.
- Stimulating the improvement of professionalism, level of knowledge, staff skills.
- Determining the feasibility of retraining workers.
Local documents
Certification of workplaces and employees should be carried out in accordance with the internal acts of the enterprise. One of the main documents is the Regulation. It must reflect:
- Terms, forms, procedure for certification of workers and working conditions.
- The composition of the commission, the rules for its creation. In the Regulation, it is necessary to specifically indicate who conducts the certification of workers (F. I. O., positions).
- Categories of certified and non-certified employees.
- Criteria for evaluation. The Regulation establishes a system for determining the compliance of employees with their work or position by scoring (grades), the number (percentage) of correct answers, which determine the success of the audit.
- The types of decisions that can be made following the results of the procedure, the rules for their approval.
Other provisions may be included in the local document to ensure effective verification.
Another mandatory document is the protocol. It reflects the progress of the audit, indicates the evaluation criteria, the results of the procedure, as well as the conclusions of the commission.
The results of certification as a basis for termination of the contract
The Labor Code provides for the possibility of dismissal of an employee who has not passed the audit due to insufficient qualifications. The corresponding provision is enshrined in paragraph 3 of part 1 of article 81 of the Code.
Often, dismissal due to failure to pass certification is disputed in court. At the same time, as practice shows, often the employer loses the dispute. This is due to insufficiently clear documentation of the procedure. For example, the head did not reflect the standards adopted at the federal level in the Certification Regulation, established criteria that it was not possible to achieve under the given conditions. In some cases, the certification of workers is carried out formally and only in order to "weed out" unnecessary people. This is certainly unacceptable.
Mandatory procedure
As follows from the above information, certification of workers is a set of measures aimed at assessing the results of an employee’s activities, determining his business qualities, level of qualifications to determine the suitability of his position (duties) and career opportunities.
The check is mandatory only for certain categories of persons directly indicated in the Labor Code. It is, in particular, about municipal and civil servants, law enforcement officers, educators and a number of others. As for commercial structures, certification of workers in them is optional. However, if the head decides to conduct an inspection, then it should be carried out in relation to persons for whom the legislation establishes a special procedure (for example, health workers, teachers, etc.). Accordingly, when developing internal documents governing certification, it is necessary to take into account the provisions of industry regulations.
What is qualification?
Why does this question ever arise? The fact is that during the certification of workers, the level of qualification of an employee is primarily subject to assessment. the manager must understand whether he corresponds to the position held by the employee. The concept of qualification is disclosed in Art. 195.1 TC. It should be understood as the level of skills, knowledge, experience and professional skills of the employee. Each position has its own qualifications. Its characteristic is given in a professional standard. Today, a large number of standards are approved. Their main goal is to establish qualification criteria. Professional standards are gradually replacing qualification guides adopted in the Soviet era.
Job descriptions
Professional standards are the legal basis for the development of job descriptions. In these documents, in addition to direct duties and rights, as well as the functions of a particular employee, requirements for the level of qualification and work experience, education and other requirements that are necessary to fulfill the tasks in a particular position are fixed. For example, the ability to work on a computer is important for a secretary.
Those who carry out certification of workers, checks just the conformity of the level of qualification with the requirements established in the job description.
The manager must determine the requirements for experience and experience, as well as education, professional skills for a particular position in a uniform and clear manner. Otherwise, problems may arise after certification (for example, challenging the results discussed above).
Documentation of the procedure
In addition to the approved Regulation on certification, the following documents are prepared:
- The order of the head to conduct the procedure.
- Inspection Schedule.
- Order on the formation of the commission, Regulation on its activities.
- Certification sheets.
- Minutes of meetings of the commission.
If necessary, other documents can be developed.
Position Structure
The development of this document must be treated with great attention, since it is the main local act regulating the certification procedure. It should contain the following sections:
- General Provisions Here are the goals and objectives of the document, the main terms used in it, as well as the regulatory framework.
- Preparatory measures. This section provides a list of procedures prior to verification: drawing up orders, creating a commission, etc.
- Certification. This section describes the progress of the procedure, indicates methods and evaluation criteria.
- Final provisions. They reflect the results of certification. The section indicates the types of decisions taken as a result of the audit, the consequences of non-compliance or compliance of employees with the established requirements and criteria.
- Applications They, as a rule, provide samples of documents drawn up in the course and at the end of certification.
The above structure is not universal, since the development of the Regulation should be carried out taking into account the specifics of the enterprise. However, it can be taken as a basis and adapted to a specific organization.
Training
This is the most important stage of certification, since its effectiveness will depend on the correctness of its conduct. Properly organized training helps prevent disputes and other problems. During this stage, an order is issued to certify and appoint a commission, among whose members the chairman is determined. As a rule, they are the employee responsible for labor protection (OT engineer). The commission includes:
- human resources officer;
- mechanic;
- electrician (power engineer);
- accountant;
- health worker;
- union representative;
- technologist.
The composition may be different depending on the specifics of the enterprise.
Assessment of workplaces
It is a set of measures aimed at assessing the working conditions of personnel. Such certification is necessary to identify production factors that negatively affect employees. The results of the audit serve as the basis for the development of measures to bring working conditions in line with the provisions of the law and labor protection standards.
Certification is carried out in relation to all workplaces in the enterprise. Moreover, the organization must have documents confirming its state registration. The registration procedure is determined by federal law.
Verification is carried out by a certifying organization. To conduct an audit, a civil contract is concluded which sets out the rules, conditions, terms, procedure form, obligations and rights of the parties, as well as liability.
A legal entity accredited in the manner prescribed by law may act as a certification organization. A key condition for the participation of a third party is its independence from the certified company.
Goals and objectives of verification
Certification of jobs is carried out to differentiate production factors into groups depending on the degree of their impact on the health of staff. This separation is of great practical importance. Personnel carrying out labor activities in negative, dangerous, harmful conditions have the right to rely on benefits, an additional payment to their salaries, a reduction in the length of service for the appointment of pensions, additional leave, and financial assistance.
During the audit, a comprehensive assessment of each workplace is carried out. In this case, the following are determined:
- the level of influence of production factors on the health of workers;
- the severity and intensity of production cycles and individual operations;
- safety level and risk of injury;
- the degree to which each employee is provided with protective equipment, work clothing, and shoes.
The result of the procedure is to compile a certification card for the workplace. It is the basis for the development of measures to reduce injuries in the enterprise.
Validation Objects
Certification of jobs is mandatory at all enterprises, regardless of ownership. Among them are commercial organizations, budgetary, state-owned institutions and enterprises, as well as individual entrepreneurs who have at least one employee in the state. Accordingly, entrepreneurs who have not concluded employment contracts with citizens are exempted from the mandatory certification of jobs.
The main stage of verification
Since certification is aimed at establishing compliance of working conditions with the standards provided for in legislative and other acts, the assessment is carried out in the following areas:
- Compliance with hygiene requirements.
- Risk of injury.
- Provision of workers with protective equipment.
In addition, a comprehensive analysis of working conditions is carried out.
Assessment of compliance with hygiene requirements involves the identification of all harmful and dangerous production factors, determining the degree of their influence, the level of tension.
Protocol Design
Based on the results of certification, a document is drawn up which indicates:
- The date of the.
- The name of the unit in which the audit was carried out.
- Means and instruments for measuring the level of exposure to harmful factors.
- Names of identified and measured production factors (noise level, concentration of toxins, etc.).
- F. I. O., positions and signatures of members of the commission.
A protocol (drawing) of the room is attached to the protocol.
Responsibility
In accordance with the Labor Code, each employee is guaranteed protection of labor rights. The employer must create the right conditions for the staff. For violation of the requirements of the law, a fine is established.
Certification of workplaces is subject to verification by such controlling organizations as Rospotrebnadzor, the prosecutor's office, the Labor Inspectorate, and Rostekhnadzor. If it is revealed that the assessment of working conditions by the head of the enterprise has not been carried out, then administrative sanctions will be applied. In accordance with the Code of Administrative Offenses, officials and individual entrepreneurs face a fine of up to 10 thousand rubles, legal entities - up to 80 thousand rubles.