Recent legislative amendments imply the replacement of outdated specialized reference books with modern legislative standards - A set of requirements for specific professions and a division into skill levels in professional standards... They are understood as a certain list of requirements that must be met by the skills and education of an employee.
The concept of professional standards, the scope of their application
Based on Art. 195 of the Labor Code of the Russian Federation, a professional standard is a document with a set of certain professional characteristics that employees must meet in order to perform specific tasks in their position.
The first drafts of such documents were recorded back in 2013. However, only since 2015 have some of them become mandatory for a number of employers, professions and positions.
Occupational standards can be developed by employers independently or with the involvement of additional experts in this area. In addition, the standards adjusted for the needs of a particular company can also be developed to order in legal offices, that is, by third parties.
The main requirement for a draft professional standard is compliance with the provisions of the document being developed guidelines Of the Ministry of Labor of the Russian Federation, a model of a template professional standard, as well as a competent distribution of qualification levels in the document.
Upon the formation of the draft standard, together with the attached documents, it is sent to the Ministry of Labor of the Russian Federation for consideration and approval. The project can be rejected, accepted or sent for revision. The process of formation and adoption of such standards is fixed in the RF Resolution No. 23 dated January 22, 2013.
The sphere of application of professional standards is the work activity of employed citizens. They are necessary to describe the norms of the subject's working process, as well as the required level of his experience, practical skills and education.
In particular, qualification levels describe the following requirements for an employee:
- the presence of specific knowledge and skills in accordance with the profile of the professional standard and the position of the subject;
- the necessary level of qualifications, which are responsible for the official duties of the entity, as well as its powers.
Amendments to the labor legislation of the Russian Federation in 2016-2017.
Skill levels are a necessary assessment step when applying for a job. The correspondence of the subject's knowledge to them is the possibility of potential employment for the desired position.
Starting in July 2016, each employee of the organization must meet the professional requirements of qualification levels, if this is enshrined in the local standard or the Labor Code of the Russian Federation.
However, the effect of professional standards does not apply to the list of specialties, whose activities are not related to obtaining benefits. Also, the regulation of standards does not apply to those professions whose labor functions do not have a clear description in any legislative act... So, for government workers compliance with standards is mandatory, for most commercial structures - this rule is advisory in nature.
Any commercial company has the right to develop local regulations or job descriptions based on the national professional standard in accordance with the needs of the enterprise.
In addition, based on the RF Resolution No. 23 of 01/22/2013. for such employers the right to independently form the standards is provided. And from 01.01.2017. a manager, if the current situation in the organization requires it, can, on his own initiative, certify a subordinate in order to determine the level of his current qualifications. Also, in case of inconsistency with the qualification level of the position held by the subject, the person may be sent to additional education courses.
Positions falling under the regulation of professional standards and qualification requirements
Positions for which professional standards are mandatory:
- employees of the educational sphere on the basis of Federal Law No. 273 "On Education" dated December 29, 2012;
- engineers of the cadastral profile, based on the Federal Law No. 221 "On the State Cadastre of Real Estate" dated 24.07.2007;
- doctors and pharmacists, based on the Order of the Ministry of Health No. 707 of 08.10.2015;
- pilots, relying on the Order of the Ministry of Transport of the Russian Federation No. 147 of 12.09.2008;
- employees of the legal profile on the basis of Federal Law No. 63 "On advocacy" dated May 31, 2002;
- auditors, based on the Federal Law No. 307 "On Auditing Activity" dated 30.12.2008;
- senior or chief accountants of some organizations, based on the Federal Law No. 402 "On Accounting" dated 06.12.2011;
- forensic experts working in state institutions are based on Federal Law No. 73 "On Forensic Expert Activity in Russia" dated May 31, 2001;
- employees working in municipal institutions, based on the Federal Law No. 79 "On civil service"Dated July 27, 2004;
- judges, based on the Federal Law No. 3132 "On the status of judges" from 26.06.1992.
Qualification levels of professional standards
Qualification levels describe the powers and responsibilities of employees in specific positions, as well as the skills and educational level required to perform their job functions.
In addition, the text of the document also reflects the special conditions that can be met by the subject to obtain the desired qualifications. In particular:
- passing instructions on the profile of the profession;
- obtaining the required educational level in special programs;
- obtaining additional technical or higher education according to the profile of the position held;
- a certain number of years of work experience.
Thus, qualification levels are divided into 9 categories:
- First level. It is assumed that the most simple tasks are performed using physical labor and basic factual knowledge. The possibility of obtaining such a qualification is simple - it is enough to be instructed before the actual execution of the assignments. Practice also shows that many employers do not put forward requirements for having experience at a given qualification level. In this case, the presence of experience is often not decisive.
- Second and third levels. This implies the execution of typical tasks, the theoretical basis of which can be obtained based on primary education for a specific professional profile. In addition, such an employee will also have to undergo retraining to become familiar with the specifics of production activities.
- Fourth and fifth levels. This type of qualification implies initial skills in personnel management. In addition, the employee is required to be able to take responsibility for the result of the work of the entire unit. The requirements of the specified qualifications include secondary vocational education or general vocational training according to the standard state educational program in the presence of retraining.
- Sixth level. This qualification implies the presence of a higher education of the category "bachelor" or secondary specialized education. This allows the employee to possess the skills of working outside the team, as well as the ability to manage a large work group of subordinates (branch or institution). Such an employee should perform functions to improve specific technological aspects or to develop methodological developments in order to improve manufacturing process generally.
- Seventh level. A similar qualification category is suitable for the control apparatus highest grade... Managers are meant large companies or individual branches of large-scale institutions. So, such an employee must master the techniques of strategic planning and high level management skill large quantity staff. In addition, such subjects are also subject to high requirements regarding education. Such workers must have a specialist or master's degree education in a specific field of activity.
- Eighth and ninth levels. They assume the availability of the necessary knowledge and skills to work in leading positions in world corporations or the state, as well as large-scale research activities. Education requirements are also high: the subject must have higher education Master's or Specialist's categories, as well as the availability of a scientific degree (that is, graduation from postgraduate studies, postgraduate studies or residency).
Practical application of qualification levels
The qualification levels of professional standards are used to form similar documents for various specialties. So, the application of standards in enterprises and organizations can significantly change the adopted personnel policy, as well as change the order of work of specific subordinates.
It is also important to know that dismissal due to “non-compliance with the requirements of the professional standard” is illegal. The Labor Code of the Russian Federation does not provide for such a basis for depriving a person of a workplace. However, at the same time, it is prohibited to perform labor duties for those employees whose qualifications do not correspond to the position held.
For example, arbitrage practice shows that such cases can be fraught with consequences:
The described jurisprudence dates back to the period when professional standards were just introduced. However, such cases make it possible to predict the future practice of using professional standards in relation to qualification levels.
Thus, knowledge of skill levels constitutes important information for an employer. In accordance with these data, the head of the company can only hire highly qualified employees for certain positions. In addition to optimizing activities, this will allow avoiding prosecution and illegal labor process.
The qualification levels are part of the professional standard. They express the level of training that an employee must meet to perform specific duties and functions. If a subordinate is found to be inconsistent with his position, the manager must send the subject to advanced training levels or transfer to a less difficult position.
Qualification is the preparedness of an employee for professional activity to perform work of a certain complexity within the profession, specialty, specialization.
In TK, the concept of "qualification" is defined as the level of general and special training of an employee, confirmed by the types of documents established by law (certificate, diploma, certificate, etc.).
Qualification is a component of the vocational education standard and is characterized by the stage and level.
The qualification level is a stage in the training of professional personnel in the continuous education system, reflecting the volume and ratio of general and professional education and completed by obtaining a corresponding document (certificate, certificate, diploma).
Skill level is a degree professional excellence within a specific level of qualification. The essential characteristics of the qualification level are: the amount of knowledge and skills; the quality of knowledge and skills; the ability to rationally organize and plan work; the ability to quickly adapt to changes in technology, technology, organization and working conditions.
Requirements for different levels of qualifications in relation to specific professions and specialties are established by the corresponding local (local) documents in the system of rating and certification.
The definition of the qualifications of personnel is regulated by administrative, agricultural and labor legislation. With the help of administrative law, the qualifications of graduates of special educational institutions and a number of others. Agrarian law sets out the rules for determining the qualifications of members of agricultural organizations. Labor law regulates the rules for determining the qualifications of workers, the conditions for the emergence of labor relations.
When determining the qualifications of employees, they are guided by a system of generalized indicators, greatest value among which there are categories, classes and categories.
With the help of tariff categories, the qualifications of the majority of workers in industrial, construction and other organizations are determined. Class titles are awarded to transport drivers, specialists Agriculture and others. The level of qualifications of specialists in a number of industries is recorded using the categories Quantitative and qualitative results of labor activity, the level of professional preparedness of workers reflects the following indicators:
Duration of work experience in this work (special
TI); availability of general and special education:
The measure of responsibility for the assigned case, and so on.
These indicators are of great theoretical and practical
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elements of the labor relationship. Determination of qualifications for employment shows the possibility or impossibility of admitting an employee to perform a certain job. On the contrary, an untimely detected discrepancy future work increases the likelihood of disappointment in her or other undesirable phenomena.
Labor law establishes the obligation of the employer to establish the qualifications of the employees hired. However, this obligation does not apply to all employment cases. For example, the persons accepted by the students do not have vocational training, and because of this their qualifications are not established.
Labor law provides following forms establishment of qualifications for employment: documentary establishment, testing, medical examination, internship, interview, test tests and passing a special exam.
The documentary establishment of qualifications upon admission to work is carried out on the basis of various documents that have legal force.
The qualifications of graduates of special educational institutions are determined by a diploma, certificate, certificate, certificate.
The qualifications of workers can be established by appointment in work book on the basis of the qualification category assigned to them, class.
The study of documents helps to establish the business, moral and other characteristics of workers, the level of their professional training. A specific list of documents submitted by applicants when concluding an employment contract is established in TK. Employment without the specified documents is not allowed. It is forbidden to demand documents that are not provided for by law when concluding an employment contract. The significance of the documents lies in the fact that they confirm the age, the level of professional training, which are necessary for approval labor function and other conditions of the employment contract, clarification of official duties.
The legislation provides for other forms of acquaintance with the data of the applicant. Upon hiring with the agreement of the parties, a test may be required to verify the employee's compliance with the assigned work.
This condition is stipulated by TK. but its inclusion in a written employment contract is allowed only by mutual agreement of the parties. If the employee objections, the contract is either rejected. or is concluded without of this condition.
The duration of the test is determined by the TK. moreover, only the maximum ero duration is regulated (no more than three months). By mutual agreement of the parties probation can be appointed, for example, and for one, two months Establishment of a test is not a prerequisite of an employment contract, but an agreement has been reached on it, it must be indicated in the text of the employment contract and the order (order) for employment The probationary period is calculated only on working days. So, the trial period does not include the period of temporary lack of ore availability and other periods when the employee was absent from work for valid reasons.
The test is not established when hiring employees under the age of 18; young workers after graduation from vocational schools; young specialists after graduation from higher and secondary specialized educational institutions; disabled people; temporary and seasonal workers; when transferring to work in another locality or to another employer; when applying for a job on a competition basis; in other cases stipulated by law (for example, when transferring an employee who is labor relations with an employer, from one position to another or from one unit to another).
Each of the parties has the right to terminate the employment contract with a preliminary test:
Prior to the expiration of the preliminary test period, notifying the other party about this in writing three days in advance;
On the day the preliminary test expires.
An unsatisfactory test result gives the employer the right to terminate the employment contract with the employee. In this case, the employer is obliged to indicate the reasons that served as the basis for recognizing the employee as not having passed the test.
The employee has the right to appeal against the employer's decision in court. If, before the expiration of the preliminary test period, the employment contract with the employee is not terminated in accordance with part one of Art. 29 TK, the employee is considered to have passed the test and the termination of the employment contract with him is allowed only on a general basis.
The test for hiring is an optional condition of the employment contract, a test of professional preparedness when fulfilling, on time, tasks related to the labor function of an incoming employee. The test helps to determine the level of his qualifications, suit the work performed and change adaptation and labor protection measures.
The employee has the right to appeal the test results in the general rules: in the labor dispute commission (CCC), in the court. If unsatisfactory test results are accompanied by his release from work, then the complaint is filed with the district court
In a number of cases, labor legislation establishes a mandatory medical examination upon hiring.
For example, minors under the age of 18, workers employed in hard work, at work with harmful conditions labor, as well as at work on the maintenance of vehicles, employees of food industry, Catering and trade, medical institutions and some other organizations. These measures are aimed exclusively at protecting the life and health of both the workers themselves and those who come into contact with their work activities.
The results of the medical examination are documented in a special document.
An internship is one of the forms of establishing qualifications when hiring young specialists. The internship has a multi-purpose purpose. It helps to clarify the qualifications of personnel, to quickly develop adaptation measures, to improve the level of professional training of workers, and in this capacity is a guarantee of the right to work. The internship is used for transport drivers, law enforcement officers and other categories of workers.
The regulation on the distribution of graduates of state higher and secondary specialized educational institutions of the Republic of Belarus, approved by the Ministry of Education, the Ministry of Economy, the Ministry of Justice, the Ministry of Labor and the Ministry of Finance, does not provide for compulsory internship for young specialists during the first year of work.
In practice, internships for young specialists, as a rule, are provided for in the local acts of enterprises (organizations).
During the internship, young specialists acquire the appropriate qualifications. Therefore, employees who have received higher education in the system of evening or correspondence education, who have worked in the relevant specialty for at least one year, during which they have already acquired an initial qualification, are exempted from internships.
The qualifications obtained during the internship are established by a collegial body (commission) in the appropriate manner
Coordination of the labor function and other conditions of the employment contract begins with an interview with the incoming employee.
Conducting an interview is one of the most important forms of determining qualifications when applying for a job Appointment to a position after preliminary selection and interview is a situation when an organization represented by an employee personnel service and the candidate for this position is trying to determine the extent to which their own interests can be satisfied as a result of this appointment.
The preliminary interview when applying for a job is aimed at finding out the applicant's education, assessing his personal qualities, etc.
At this stage of qualification determination, prior to the entry into force of the employment contract, the employee may change his original intention to enter the job. The organization also has the right to refuse the services of an employee, but in cases and on the grounds specified in the legislation
There is a difference in the position of the parties The employee, changing the initial intention, may not indicate the reasons for his decision, in any case, the law does not oblige him to do so. The organization is obliged to explain the reason for the refusal, admissible only for business reasons, with a good reason.
V modern conditions Special attention paid to the level of competence of the employee. And this is not surprising, because every company wants to see in its ranks professionals who will serve for the benefit of the organization with their work. An employee's qualification is a combination of knowledge, skills and abilities required to perform a job. The level of preparation is very important when applying for a job. Every employer is looking for best employee to their company, and therefore qualifications are now coming to the fore.
Educational process
Modern life is such that every person who wants to get a job on Good work and earn decent money, must get an education: higher or specialized secondary. After graduation, the student receives a diploma, but this does not mean that he is now a qualified worker. Certificate of education - level of knowledge. An employee's qualification is, first of all, experience.
But where can I get it? In many institutions, senior students are sent to practice so that they can learn a little about the profession, not only in theoretical terms. Further, all responsibility falls on the shoulders of the person himself: his qualifications will depend on personal qualities.
Each student has at different levels knowledge and skills, therefore, when hiring, the employer conducts a personal interview in order to find out whether this or that person is suitable for him as an employee. The qualifications of educators determine the level of training of former schoolchildren, so the employer chooses employees from the best universities in the country.
Scientific qualification degrees
Now in Russia there is new system division of graduates. Previously, everyone was specialists, and in this moment bachelor's and master's degrees appeared. Opinions are divided about this system: some consider it a failure, others, on the contrary, - the best. Such a qualification degree as a bachelor's degree can be obtained by a student studying for 4 years, specialists need to acquire knowledge within 5 years.
If a person intends to become a scientist, first you need to get a master's degree. To do this, you need to spend 6 years in an educational institution. The qualifications of teaching staff have a huge impact on the level of education of students. Professors and associate professors are able to teach students their specialty, thereby preparing competent experts for the country.
Upon graduation, each student is obliged to write a graduation thesis, according to the results of which he will be awarded a qualification. This work will determine the theoretical and practical knowledge of the student, as well as the level of his skills.
Qualification levels
Quality work force in our country is determined using qualifying ranks. They are assigned to workers based on the results of the decision of the attestation commission. In factories, industrial workers have a category. There are 6 types of them in total, the first is the lowest, and the sixth is the highest.
The Institute for Advanced Training of workers divides them into categories. The salary of an employee directly depends on this. It is defined using tariff rates... For an engineer, they are distributed from 0 to 1. These are the values by which the salary is multiplied, depending on the category of the employee. For engineers, the degree of discharge is determined the other way around: the first is the highest, the second is the least qualified, etc.
Each employee has his own job description, where his rights and obligations are clearly described. Attached to it is a list qualification requirements, which represent the knowledge and skills of the employee. They are essential for the successful completion of the job.
The professional qualifications of an employee are beyond doubt if he does everything efficiently. Managers value such personnel and strive to improve working conditions. In case of any dispute, opinion skilled workers is decisive.
Groups according to qualifications
To determine the level of knowledge of a particular person, there is a special unified tariff scale... In this regard, four main groups of workers are distinguished based on the level of qualifications:
- Unskilled (handymen). Such employees do not have special knowledge, in most cases they have specialized secondary education. Often they hold low positions, such as a janitor, a loader, etc.
- Low-skilled. Such workers have been trained for about a month and can perform simple tasks.
- Qualified. They are trained for 1-2 years, they are also practicing specialists. They perform work of a complex level, some are able to lead a group of people.
- Highly qualified. Such workers have higher education, extensive practical experience, and often hold managerial positions.
Training medical professionals, employees of the education sector is especially relevant in our time. After all, two main factors in life depend on them: health and the level of knowledge.
Types of professional development
This type of personnel training is quite popular, because improving knowledge and skills will benefit not only the employee, but also the organization as a whole. Professional development of workers in education and other fields of activity is short-term, medium and long-term.
Short-term training takes no more than 72 hours and is usually carried out at the workplace. Highly qualified employees share their knowledge with newcomers. After that, students take an exam, in case successful result they are issued certificates of professional development.
Average training duration is from 72 to 100 hours. It is relevant if the company introduces new technologies or changes the field of activity. Further training of this type is carried out in the form of trainings or seminars.
Long-term training is effective for experienced employees who need to acquire new knowledge to perform practical tasks. Such advanced training can be carried out with a break from production. Sometimes workers are sent to another city, but the position and salary of the employee are preserved.
Features of professional development
Each profession has its own distinctive features... If we talk about government workers, then we can note their division into leaders, assistants and advisers. Also, the relevant authorities have service personnel who perform the simplest tasks.
There is also a division of positions into groups, such as junior, senior, leading, and senior. But this is not true everywhere. Professional development of teaching staff is aimed at learning by the teacher modern technologies... In addition, it is necessary to successfully apply knowledge in practice and have a positive work result. Only in this case the teacher can get the highest category.
The Institute for Advanced Training of Educators assumes serious training for teachers, because education is currently an integral part of people's lives. The exactingness of teachers is due to the desire to increase the level of knowledge of students.
Student problem
Employers value highly skilled workers who have extensive experience behind them and know everything about the profession. But what about yesterday's students? After all, it is clear that the company will choose a more experienced representative as its employee. Currently, there are few organizations that are ready to give young people a chance, but what to do?
If a student wants to achieve a high position and become a professional in his field, he will first have to work in low positions. It is advisable to start working in the last courses as a laboratory assistant or assistant manager in order to master the practical part of the specialty. In modern realities, autumn is important knowledge foreign language... Almost all areas require the ability to speak English. The main thing is to cling to all the opportunities for advanced training, because the competence of a specialist depends on this.
Personnel training
Initial training is carried out in educational institutions: institutes, colleges, etc. Future leaders must have higher education, for workers there is enough and secondary specialized. An employee's qualification is the level of training required to perform a job. To acquire it, the employee is trained always and everywhere.
New employees often hear the phrase: "Forget what you were taught at the institute." Of course, this is not worth doing, but the fact is that in most cases theory and practice differ significantly from each other. Therefore, employers are forced to conduct training in production so that the newcomer understands what is required of him. In addition to practice, the organization teaches its theory, thereby preparing employees for work.
Retraining of personnel
This type of training is relevant for workers who are mastering a new specialty. In fact, there is no fundamental difference between training and retraining. Training can be carried out both on the territory of the enterprise and on the spot. Features of employee retraining:
- It is necessary in the case of planned advancement of personnel: a person masters, for example, a managerial position, since he has never held it before.
- This type of training is characterized by the fact that a second profession is being studied. That is, a person will be competent in two specialties.
Training, retraining and advanced training of medical workers, teachers and representatives of other professions has a positive effect on the level of education in the country. After all, the more qualified specialists there are, the better their services are.
Conclusion
In making a conclusion, it should be noted that the role of training is increasing every day. An employee's qualification is the degree of his competence in a particular profession. The education system in Russia allows people to grow from ordinary students into in-demand specialists. Hard work on oneself and constant self-improvement are capable of turning any ordinary worker into a professional in their field.
In many areas of life, you can often hear about the presence or absence of any qualifications. From the article you can learn that qualification is a very broad concept and even its term has two main translations.
The meaning of the concept
WITH in English the term is translated as "quality", which means the degree of the displayed merits. In more ancient translation(from Latin) the word "qualification" is a combination of the words "what" and "to do". In other words, how good is what is being done.
Depending on the field of application, the term means an assessment of the degree of quality or the specified levels.
Qualification types
Qualification is a fairly broad concept. There are various types of it, distinguished depending on the scope of application:
- in education, this is the level of training of those who graduated from an educational institution (secondary or higher);
- in labor relations - the level of manifestation of professional qualities, the degree of suitability for certain requirements;
- in sports - preliminary (qualifying) competitions;
- in criminal law - an assessment of a specific socially dangerous action.
In addition to the division according to the scope of application, a distinction is made between the qualifications of an employee and a job.
Employee qualifications
For an employee, qualification is the degree of his training in a professional sense. In other words, this is the level of his training, the availability of experience, theoretical and practical skills to perform a certain type of activity. Most often, a qualification is established in the form of a category or category.
An employee has the right to take advanced training courses and then receive a higher category or category. This will increase his wage... But if the employee cannot confirm the existing category, the employer will have the right to downgrade it and even terminate the employment contract.
The procedure for determining the level of training of a professional has its own characteristics in each individual country. They are spelled out in labor laws.
Job qualification
This characteristic is established depending on the degree of complexity, the responsibility of the employee during the performance of labor duties. It is determined in accordance with the existing records of tariff-qualification categories that relate to a specific specialization.
What are job qualifications and why are they important? It is used when setting tariff rates and salaries from which wages are calculated. In simple words, wages depend on qualifications.
Professional qualifications
This is the name of the professional training of an employee who has to perform a certain type of activity. The job requires one or another qualification, determined depending on its perceived complexity and the required quality of performance.
Most often, there are the following stages:
- initial vocational education allows you to be a worker;
- secondary education - as a technician;
- higher - by a specialist.
Among the working specialties, there are 6 categories, which are spelled out in a special grid. Usually, vocational schools release workers 3-4 categories.
There is a grid for teachers. So after graduating from a higher educational institution, the teacher takes office as a specialist and works without a category. Then he can raise it to the 2nd, 1st, highest. The last qualifying step in pedagogy is the category of teacher-methodologist.
Employees have their own grid. It consists of 18 digits.
Do not forget that in real working conditions, the qualification on the grid does not always correspond to real skill. In addition to professional development, the employee must have a sense of responsibility, professional duty, and civic maturity.
Qualification is the preparedness of an employee for professional activity to perform work of a certain complexity within the profession, specialty, specialization.
In the TC, the concept of "qualification" is defined as the level of general and special training of an employee, confirmed by the types of documents established by law (certificate, diploma, certificate, etc.).
Qualification is a component of the vocational education standard and is characterized by the stage and level.
The qualification level is the stage of training professional personnel in the continuous education system, reflecting the volume and ratio of general and professional! on education and completed by obtaining a corresponding document (certificate, certificate, diploma).
A qualification level is the degree of professional skill within a specific level of qualification. The essential characteristics of the qualification level are: the amount of knowledge and skills; the quality of knowledge and skills; the ability to rationally organize and plan work; the ability to quickly adapt to changes in technology, technology, organization and working conditions.
Requirements for different levels of qualifications in relation to specific professions and specialties are established by the corresponding local (local) documents in the system of rating and certification.
The definition of the qualifications of personnel is regulated by administrative, agricultural and labor legislation. With the help of administrative law, the qualifications of graduates of special educational institutions and a number of other persons are established. Agrarian law establishes the rules for determining the qualifications of members of agricultural organizations. Labor law regulates the rules for determining the qualifications of workers, the conditions for the emergence of labor relations.
When determining the qualifications of workers, they are guided by a system of generalized indicators, the most important among which are categories, classes and categories.
With the help of tariff categories, the qualifications of the majority of workers in industrial, construction and other organizations are determined. Class titles are assigned to transport drivers, agricultural specialists, etc. The qualification level of specialists in a number of industries is recorded using the categories Quantitative and qualitative results of labor activity, the level of professional preparedness of workers reflects the following indicators:
length of experience in this work (special
TI);
availability of general and special education;
the measure of responsibility for the entrusted whole, and so on.
These indicators are of great theoretical and practical
importance when agreeing on the content of an employment contract, resolving issues about the workplace, adapted measures, certification and others. Thus, the labor function is established in accordance with the qualifications of the employee, which, in turn, is expressed in ranks, classes, categories. Legal norms establish the legal obligation of the employer to timely and objectively record such indicators, i.e. to correctly determine the qualifications of employees, guaranteeing them work in accordance with vocation, abilities, education and taking into account social needs.
Determination of qualifications is the establishment of the level of knowledge and skill of the employee, the compliance of this level with certain requirements due to one or another difficulty of LABOR of the corresponding specialty.
Sch. The qualification of an employee is determined on the basis of certain qualification characteristics derived from the components of complexity included in the content of the concept of qualification work, the totality of knowledge, production experience, degree H of the ability and skills of the employee. These features may include; the volume of special and general education, work experience in this profession, the ability to perform ьgt; certain operations, control mechanisms, aggregates and devices, the compliance of the employee's personal data with professional C requirements, the degree of responsibility for the assigned work, etc. The need for qualifications shouts from the employer, first of all, when concluding 1 ordinary contract. Determination of the qualifications of an employee when hiring is necessary for the correct and prompt determination of the compliance of his data with the requirements of his work buddy Qualitative definition of qualifications clarifies the content of a written employment contract, labor function, labor rights and obligations, the amount of remuneration and other elements of the labor relationship. Determination of qualifications for employment shows the possibility or impossibility of admitting an employee to perform a certain job. On the contrary, untimely disclosure of non-compliance with future work increases the likelihood of disappointment in it or other undesirable phenomena.
Labor law establishes the obligation of the employer to establish the qualifications of the employees hired. However, this obligation does not apply to all employment cases. For example, the persons admitted by the apprentices have no vocational training, and therefore their qualifications are not established.
Labor law provides for the following forms of establishing qualifications for employment: documentary establishment, testing, medical examination, internship, interview, test trials and passing a special exam.
The documentary establishment of qualifications upon admission to work is carried out on the basis of various documents that have legal force.
The qualifications of graduates of special educational institutions are determined by a diploma, certificate, certificate, certificate.
The qualifications of workers can be established by entry in the work book on the basis of the assigned qualifying category, class.
The study of documents helps to establish the business, moral and other characteristics of workers, the level of their professional training. A specific list of documents submitted by applicants when concluding an employment contract is established in the Labor Code. Employment without the specified documents is not allowed. It is forbidden to demand documents that are not provided for by law when concluding an employment contract. The significance of the documents lies in the fact that they confirm the age, the level of professional preparedness, which are necessary for the coordination of the labor function and other conditions of the employment contract, clarification of official duties.
The legislation provides for other forms of acquaintance with the data of the applicant. Upon hiring with the agreement of the parties, a test may be required to verify the employee's compliance with the assigned work. This condition is provided for by the TC. but its inclusion in a written employment contract is allowed only by mutual agreement of the parties. In the event of an objection from the employee, the contract is either rejected or concluded without this condition.
The test period is determined by the TC. moreover, only its maximum duration is regulated (no more than three months). By mutual agreement of the parties, a probationary period can be assigned, for example, for one, two months. hiring The probationary period is calculated only in working days. So, the trial period does not include the period of temporary no ore potential and other periods when the employee was absent from work for valid reasons.
The test is not established when hiring employees under the age of 18; young workers after graduation from vocational schools; young specialists after graduation from higher and secondary specialized educational institutions; disabled people; temporary and seasonal workers; when transferring to work in another locality or to another employer; when applying for a job on a competition basis; in other cases stipulated by law (for example, when an employee who is in an employment relationship with an employer is transferred from one position to another or from one department to another).
Each of the parties has the right to terminate the employment contract with a preliminary test;
- prior to the expiration of the preliminary test period, notifying the other party about this in writing three days in advance;
- on the day the preliminary test expires.
The employee has the right to appeal against the employer's decision in court. If, before the expiration of the preliminary test period, the employment contract with the employee is not terminated in accordance with part one of Art. 29 of the Labor Code, then the employee is considered to have passed the test and termination of the employment contract with him is allowed only on a general basis.
A test for employment is an optional condition of an employment contract, a test of professional preparedness when performing tasks related to the labor function of an incoming employee in a timely manner. The test helps to determine the level of his qualifications, suit the work performed and change adaptation and labor protection measures.
The employee has the right to appeal the test results in a general manner: to the Labor Disputes Commission (KTS), to the court. If the unsatisfactory results of the test are accompanied by his release from work, then the complaint is filed with the district court
In a number of cases, labor legislation establishes a mandatory medical examination upon hiring.
For example, minors under the age of 18, workers employed in heavy work, in work with harmful working conditions, as well as in work on servicing vehicles, employees of enterprises are subjected to preliminary medical examination. Food Industry, catering and trade, medical institutions and some other organizations. These measures are aimed exclusively at protecting the life and health of both the workers themselves and those who come into contact with their labor activity.
The results of the medical examination are documented in a special document.
An internship is one of the forms of establishing qualifications when hiring young specialists. The internship has a multi-purpose purpose. It helps to clarify the qualifications of personnel, to quickly develop adaptation measures, to improve the level of professional training of workers, and in this capacity is a guarantee of the right to work. The internship is used for transport drivers, law enforcement officers and other categories of workers.
The regulation on the distribution of graduates of state higher and secondary specialized educational institutions of the Republic of Belarus, approved by the Ministry of Education, the Ministry of Economy, the Ministry of Justice, the Ministry of Labor and the Ministry of Finance, does not provide for compulsory internship for young specialists during the first year of work.
In practice, internships for young specialists, as a rule, are provided for in the local acts of enterprises (organizations).
During the internship, young specialists acquire the appropriate qualifications. Therefore, employees who have received higher education in the system of evening or correspondence education, who have worked in the relevant specialty for at least one year, during which they have already acquired an initial qualification, are exempted from internships.
The qualifications obtained during the internship are established by a collegial body (commission) in the appropriate manner
Coordination of the labor function and other conditions of the employment contract begins with an interview with the incoming employee.
Conducting an interview is one of the most important forms of determining qualifications for hiring. Appointment to a position after preliminary selection and interview is a situation when an organization, represented by a human resources employee and a candidate for this position, are trying to determine the extent to which their own interests can be satisfied. ~ rena as a result of this appointment.
A preliminary interview for a job is aimed at clarifying the applicant's education, assessing his personal qualities, etc.
At this stage of qualification determination, prior to the entry into force of the employment contract, the employee may change his or her initial intention to enter the job. The organization also has the right to refuse the services of an employee, but in cases and on the grounds specified in the legislation
There is a difference in the position of the parties The employee, changing the initial intention, may not indicate the reasons for his decision, in any case, the law does not oblige him to do so. The organization is obliged to explain the reason for the refusal, admissible only for business reasons, with a good reason.