In the broadest sense of the word, attestation is a conformity check. In labor law, this procedure involves determining the suitability of the employee for the position. It can include the determination of qualifications, verification of the business qualities of employees, the compliance of their professional skills with the requirements of the current moment. Any employer has the right to organize and conduct employee certification, but most often it concerns employees of state and municipal institutions.
Why certification is carried out
This is a responsible and exciting procedure for both the employer and employees. For the employer, it is an opportunity to objectively assess the compliance of employees with the positions occupied by the staffing table, optimize the distribution of labor resources and prepare a personnel reserve on its basis. For those working at the enterprise, certification is an incentive to improve the quality and productivity of their labor, improve their qualifications and master new modern methods and technologies.
Certification is a legal and objective criterion that provides the possibility of terminating an employment contract with those employees who have shown a low level of qualifications or transferring them to other positions with salaries adequate to their level of knowledge. On the other hand, those employees who showed themselves on the positive side, according to the results of certification, can count on an increase in wages and advancement in the career ladder.
Categories of workers exempted from certification
There is no legislative act containing a list of employees who are not subject to certification, therefore, enterprises and organizations have sectoral regulations that determine this list. When determining the circle of employees who will undergo certification, it is necessary to take into account the guarantees that the legislation establishes to protect the employee from unreasonable decisions.
For example, if we proceed from the norms of Article 70 of the Labor Code of the Russian Federation, which establishes probationary periods, employees whose probationary period has not yet ended are subject to unconditional exemption from certification. In most cases, those employees who have worked less than 1 year after the conclusion of an employment contract are subject to such an exemption. The list of persons who are not subject to certification is given in the regulation "On the procedure for certification of managers, engineering and technical workers and other specialists of enterprises and organizations of industry, construction, agriculture, transport and communications" as amended on 1986-14-11. To date, this is the only regulatory act that contains such a list.
According to this Regulation, the following are not certified:
- young specialists who have not yet completed the period of compulsory work after graduation;
- women who presented a pregnancy certificate;
- women with children under the age of three and those who have worked for less than 1 year after parental leave;
- single parents with children under 14 years old or a disabled child who is under 18 years old.
In the general case, all categories of workers can refuse certification, the dismissal of which at the initiative of the employer is not allowed by law.
