The requirements for the professional competence of employees are very high. Failure to comply with them - for example, the lack of documents confirming certification - is a sufficient reason for dismissal.
Unfortunately, it happens that an employee has to be fired due to the fact that he cannot perform the functional duties assigned to him. This is called a subordinate's professional inadequacy. However, it is not easy to fire an employee on this basis. The fact is that you can say goodbye to an employee only if there are results of his certification.
The Labor Code lacks an explanation of how certification should take place and how to draw up its results. This situation is discussed only in the Attestation Regulations, which was approved back in 1973. But it is quite possible to use such a Regulation, because it is still valid on the territory of the Russian Federation. In this document, in particular, it is indicated that the enterprise must have this very Regulation on certification and the approved certification schedule (although the manager may issue a corresponding order even before the certification itself, and this will not be a violation). Naturally, the employee must be familiarized with all the documentation regarding this procedure under a personal signature.
The qualifications of subordinates are assessed by a special commission. It must include people who can objectively assess the employee's knowledge. By the way, the head may not be a member of this commission.
The result of the certification carried out must, again, be formalized by order. However, even after that, it is impossible to immediately dismiss such a subordinate; he needs to be given another chance. But if he also fails the second test, then you have every right to remove him from his post.
Remember: one conclusion of the commission about the inconsistency of the position held will not be enough. Before firing an uncertified employee, he will have to offer another job. This way will be any vacancy, even a janitor, but it is imperative to offer it against signature, otherwise the employee will easily recover through the court. And only if an uncertified employee refuses from a new (less prestigious and highly paid, naturally) job, then he can be fired with a calm heart.
Remember: everything does not always end well; an employee may also challenge the decision to dismiss in court. Therefore, when deciding to dismiss an uncertified employee, strictly observe all the necessary formalities and legal deadlines.
