Certification activities can be carried out to confirm the qualifications of a specialist, checking his theoretical and practical training. Dismissal of employees based on the results of personnel certification is permitted if the result of this check is negative. In this article we will look at how this procedure occurs and what guarantees the Labor Code of the Russian Federation provides for forced dismissal after certification.
When is certification carried out?
For certain categories of employees, certification procedures may be mandatory. For example, for municipal employees or civil servants, the frequency of such verification is at least three years. The goals of this procedure can be distinguished:
- confirmation of suitability for the position held, determination of the objective level of knowledge and training of a specialist;
- formation of a personnel reserve for subsequent filling of higher positions;
- confirmation of the current qualification category for the employee, or assignment of higher classes of state and municipal service.
If certification is mandatory, it is assigned and carried out at the initiative of the employer. However, voluntary application by employees to test their knowledge is also allowed - if an application is submitted for a higher position, if a citizen does not agree with the results of the first certification, etc.
How is certification carried out?
Termination of labor relations based on the results of an attestation audit is permitted Article 81 of the Labor Code of the Russian Federation. To do this, the employer must comply with the research requirements:
- provide the employee with the opportunity to improve the level of qualifications and improve the acquired knowledge/skills - this may include referral to training, self-training, etc.;
- organize and conduct knowledge testing in strict accordance with regulations;
- use the option of transferring an employee to a position with lower requirements for qualifications and knowledge.
Note! The procedure for certification of state and municipal employees is approved at the legislative level. For other categories of employers, these rules are approved by local regulations.
Step-by-step instructions for dismissing citizens based on certification results consists of the following steps:
- making a decision to conduct an attestation check, issuing an order indicating the list of employees - each specialist must be familiarized with the contents of the order, including the date of the check;
- the certification preparation program is approved - a list of questions for the upcoming inspection is determined, a referral to advanced training courses is issued, and a self-training schedule at the enterprise is approved;
- the composition of the certification commission is approved - not only officials of the institution, but also invited experts can be involved in the inspection;
- characteristics are drawn up for each employee undergoing certification - their personal and business qualities, attitude to work, the presence or absence of disciplinary sanctions are indicated;
- knowledge is tested - in the form of a test or an oral answer to questions, practical assignments, using electronic knowledge diagnostic tools, etc.;
- an attestation sheet is filled out assessing the employee’s qualifications;
- the employee is introduced to the results of the certification - when objections are received, their validity is checked;
- if the conclusion of the certification confirms the inadequacy of the position held, the employee is offered a transfer to another place of work - the employer must take into account the education and qualifications of the employee, as well as the absence of medical contraindications;
- if there are no available vacancies, or if the employee refuses to transfer, an order is issued to terminate the employment relationship at the initiative of management.
Even before dismissal, an employee can challenge the results of the certification check. Judicial practice considers such cases as the exercise of the right to additional or repeated inspection. If regulations or local company regulations allow the possibility of re-certification, the employee is given time to prepare or improve the level of qualifications. As a rule, this period does not exceed 2-3 months.
After issuing the order, the administration of the enterprise is obliged to perform the following actions:
- determine the number of days of unused vacation - it is allowed to provide them in kind, or pay appropriate compensation in cash;
- calculate the specialist for all types of payments - since a negative certification result is not a guilty action, the employee will be able to receive all standard payments;
- the work book is filled out - it must be issued on the last day of work at the enterprise (if you refuse to receive the document, it can be sent by mail).
Upon dismissal for this reason, no severance pay is paid. Mandatory payments include monetary remuneration, bonuses and compensation provided for in the employment contract and internal regulations.
You can challenge the grounds for dismissal no later than one month after receiving a copy of the order or work record book. As a rule, the reason for reinstatement will be a violation of the certification procedure or summing up its results, as well as the refusal of the enterprise management to provide another position for transfer. For example, a dismissed citizen can prove the biased or biased nature of the certification check, the inclusion in the program of questions not related to core activities, etc.
Personnel certification is the most effective assessment of an enterprise's personnel. This event is an integral part of personnel management. Certification is mandatory for a certain category of workers. The imperative requirement for them is established by law. At the discretion of the enterprise administration, voluntary certification may be carried out. It pursues the goal of optimization in personnel management, as well as increasing the efficiency of personnel in a particular company. Certification shows the employer whether his employee is suitable for the position he occupies.
What is included in the concept of employee certification?
Assessment of a person’s labor and personal qualities, his work performance at an enterprise is included in the concept of certification. The employer must constantly encourage a competent and responsible employee to improve his skills at work. The effectiveness of personnel work consists of the effectiveness of the use of organizational resources, including the potential of each employee.
Certification helps to obtain information for making management decisions. This is important from the point of view of assessing, analyzing and researching data on the subject of how much the potential of employees allows them to realize the goals and objectives of the company. This is relevant for developing, large companies that use a flexible management system in their activities. Certification is also important from the point of view of obtaining information for ongoing work with personnel, to identify areas that need additional control.
Mandatory or not?
The law contains a list of types of work activities where it is necessary to carry out certification activities. These are, for example, employees (civil, municipal), teachers, police officers, teachers. That is, the legislator establishes that certification is mandatory for budgetary institutions. As for commercial companies and organizations, the legislator has not established a mandatory norm for them to conduct this kind of event.
Therefore, if the company has decided to conduct certification, employees are subject to it, for whom a special procedure is provided. For example, for teachers. When developing a local regulatory act on certification, it is necessary to take into account the requirements of legislative acts.
Dismissal based on the results of certification of inconsistency with the position held
The grounds for dismissal of employees of an enterprise or company are listed in the Labor Code of the Russian Federation. One of the grounds is the initiative of the employer (Article 81). This article contains a provision that allows the dismissal of an employee based on the results of personnel certification. Dismissal can be carried out if, based on the results of the event under consideration, it was revealed that the person holding a certain position at the enterprise does not correspond to it. The certification algorithm is determined by labor legislation, regulations, and local legal acts, which are adopted taking into account the opinions of trade unions.
Dismissal of an employee based on the results of certification can be carried out if the employer does not have the opportunity to transfer the employee to another job. The employee must agree to this in writing. The job must be suitable for his qualifications and health. The employer has the right to transfer an employee to a lower position, lower paid job. The transfer must be carried out in the same area where the employee of the enterprise worked. In another location, an employee can also be offered vacancies, but only if this is provided for in the employment contract.
A letter from Rostrud dated 2008 under No. 1028 states that on the grounds under consideration a person can be dismissed only after certification.
The term “certification” is absent in the Labor Code of the Russian Federation. However, certification refers to an event that is a test of a person’s moral, personal and business qualities. In addition, the employee is checked to ensure that his/her work qualities correspond to the position held.
Dismissal based on the results of certification is not permitted.
Certification does not make sense for some employees. This is due to the fact that, based on the results of this event, they cannot be fired at the initiative of the employer. Consequently, this process loses its meaning for them. In particular, you cannot fire:
- a pregnant woman;
- a woman with a child under 3 years old;
- a single woman raising a disabled child under 18 years of age;
- a person who has a disabled child and is the only breadwinner in the family;
- a person who has a child under 3 years of age and is the only breadwinner in a family raising three or more children.
Dismissal of these workers, even if they have not passed certification, is not permitted. Based on Article 81, Part 1, Clause 3, the employer is obliged to be aware of the restrictions that prevent him from dismissing:
- employees on vacation;
- workers who are in a state of incapacity (temporary).
At the initiative of the employer, it is possible to dismiss employees if they have failed the certification process, but in compliance with the procedures specified for this case:
- trade union members;
- employee representatives during negotiations (collective);
- minors;
- staff representatives who participate in the resolution of labor disputes;
- workers who take part in a strike;
- workers who take part in a labor dispute;
- workers elected to the labor dispute commission;
- heads of collegial bodies of primary trade union organizations (elected) and their deputies.
How to avoid dismissal based on certification results
Based on the results of the certification of an employee of the enterprise, the employer writes a review. This document characterizes the level of theoretical and practical skills of the employee, his moral and volitional qualities. It also indicates whether the person is suitable for the position held. The review reflects not only general indicators that are typical for this category of employees, for example, educational level, but also data on the duration of work in the position held, the personal qualities of the subject, the degree of independence in the work process, the quality of work performed, responsibility for the assigned work, ability adapt to the situation, use new approaches in solving emerging problems, etc.
If the manager submitted a negative review about the employee to the certification commission, the dissatisfied employee has the right to file an objection to the review in writing. The objection must be motivated. If the certification commission nevertheless decides to dismiss an employee, he can appeal this decision in court. The appeal algorithm is outlined in Article 392 of the Labor Code of the Russian Federation. The period for applying for help to the court is one month, which begins to count from the moment the employee receives the review; There is no need to pay for services provided by the state. If there is a valid reason, the deadline that was missed for going to court is restored upon filing an application there. The category of cases under consideration is within the jurisdiction of a court of general jurisdiction; therefore, it is necessary to apply to the district-level court at the place of residence or location of the company.
Dismissal based on the results of certification of civil servants
Based on the results of certification regarding employees, the commission makes a decision:
- corresponds to the position he occupies;
- corresponds to the position, subject to improvement of work, implementation of recommendations given to the employee by the certification commission, passing another certification within the period specified by the commission;
- inadequacy of a civil servant for his position.
The certification commission forms the decision in the form of a protocol. This document is signed by all participants of the certification commission. Its meeting will be valid if at least 2/3 of the members are present. Court practice shows that employees who were dismissed as a result of an attestation event based on an order by a decision of the commission are reinstated if its meeting was declared unauthorized.
Within a month after the certification event and based on its results, a legal act is issued stating that the civil servant must be legally included in the personnel reserve intended to fill vacant positions in the civil service in the order of professional growth. In addition, the act contains information that the civil servant is sent for retraining or advanced training or is demoted.
If a civil servant refuses retraining, advanced training, or transfer to a civil service position, he has the right to dismiss him. A civil servant has the right to appeal the results of certification.
Dismissal based on the results of certification of municipal employees
Certification of a municipal employee is carried out in accordance with the objectives of determining his suitability for the position held in the municipal service. Certification activities for this category of workers are carried out once every 3 years. As a result of the above event, the certification commission must make a decision on whether the employee is suitable for the position held. The powers of the commission also include issuing recommendations related to the promotion of individual municipal employees. Reward is given for high performance results and successes, including promotion of employees. If there is a need, the certification commission recommends improving the work of certified employees. The results of the event are communicated to employees after the voting of the members of the created commission is completed. Materials related to certification are transferred to the representative of the employer or the employer.
Based on the results of the certification, the employer makes a decision related to rewarding individual employees for the successes they have achieved within a period of no more than one month from the date of conducting and summing up the results of the certification. In addition, the demotion of an employee is carried out during a similar period of time. The certification commission, analyzing and examining the results of certification of a particular employee, can issue a recommendation to send him to receive additional vocational education.
A municipal employee may not agree to a demotion. In addition, if a municipal employee cannot be transferred to another position with his consent, the employer has the right to dismiss him within a month from the date of certification. The basis for dismissal will be the employee’s inadequacy for the position he previously occupied before the certification event. The certification results confirm that the employee does not have sufficient qualifications for his position.
If more than a month has passed since the event took place, the employer missed the deadline for dismissal without a valid reason, he will no longer be able to dismiss the employee on the grounds in question. If a municipal employee does not agree with the results of the certification event, he has the right to appeal its results to a judicial authority.
The category of cases under consideration is within the jurisdiction of a court of general jurisdiction; therefore, it is necessary to apply to the district-level court at the place of residence or location of the company. Based on the results of consideration of the controversial case, the court makes a decision in which it can reinstate the employee in his position.
First, you must follow the certification procedure. It is established by labor legislation and other acts, as well as local regulations, which are adopted taking into account the opinion of the representative body of workers (if there is one).
The fact is that regulatory legal acts establish certification procedures only for certain categories of workers. For example, these are heads of federal state unitary enterprises, civil servants, state employees, scientific and pedagogical workers, employees of the Pension Fund of the Russian Federation, etc.
For other categories, the employer can draw up a local regulation, for example a special Regulations on certification . It must specify the procedure for certification, its goals, criteria, types, composition of the certification commission, consequences of certification, etc.
The most common violation on the part of the employer is failure to comply with the deadline for notifying the employee about certification, if it is specified in the relevant regulation.
The employee must familiarize himself with this document against signature upon hiring before signing the employment contract (Part 3 of Article 68 of the Labor Code of the Russian Federation).
Secondly, according to Part 3 of Art. 81 of the Labor Code of the Russian Federation, you cannot fire an employee if he can be transferred to another position you have, which the employee can perform taking into account his state of health. In other words, you must offer the employee a transfer to a vacant position or job that matches his qualifications, or to a lower-ranking vacant position or lower-paying job. It is advisable to formalize such a proposal in writing, familiarizing the employee with it against signature.
Vacant (unoccupied) positions that you have at the time of employee certification are fixed in the staffing table.
The concept of “position corresponding to the employee’s qualifications” is not established by law. But from judicial practice it is clear that an employee’s qualifications are considered suitable if they meet the requirements specified in the job description (for example, education, work experience in the specialty).
However, you are not required to offer a higher position.
By default, here we are talking only about vacancies in a given area. You will be required to offer vacancies in other locations if this is specified in a collective agreement, employment agreement or other agreement. Another area is considered to be the territory outside the administrative-territorial boundaries of a given locality (clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).
Thus, this condition will be met if the employee refused the transfer, or if you did not have the opportunity to transfer him to another job (for example, due to her absence).
Thirdly, in addition to the results of the certification, there must be other evidence that the employee is not sufficiently qualified for his position.
The fact is that the conclusions of the certification commission are considered and assessed in court in conjunction with other evidence in the case(Clause 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, Determination of the Constitutional Court of the Russian Federation dated November 17, 2009 No. 1383-O-O). Even if all these documents are provided and reviewed, the court is not required to agree with the results of this assessment.
Without this evidence, the court may declare the dismissal illegal, even if you followed the certification procedure and offered all the available positions mentioned above.
What about such evidence? You must have specific, documented facts of non-fulfillment or improper performance by the employee of his official duties, due to his insufficient qualifications. These may be special acts, explanations from the employee, bringing him to disciplinary liability, the results of inspections carried out by the employer, etc.
If the outcome is unsuccessful, the court will oblige you to reinstate the employee at his previous job, pay him the average salary for the entire period of forced absence, and even, if the employee demands it, compensation for moral damage, the amount of which will be determined by the court.
Unfortunately, judicial practice shows that decisions are made predominantly in favor of the employee.
Conflict situation: the company’s management decided to dismiss the employee based on the results of the certification, he does not agree. Example: an employee was fired for being unsuitable for the work performed due to insufficient qualifications, confirmed by certification results. The basis for issuing the order was the protocol for testing the employee’s knowledge. But the document did not contain the commission’s conclusions about the employee’s inadequacy for the position, so the employee argued that the certification was not actually carried out and he was simply given an unsatisfactory rating. In addition, the employee justified the illegality of his dismissal by the fact that he was not offered another job. What does the law say about this? To assess the professional level of employees, the employer needs to carry out a certification procedure.
Dismissal of employees based on certification results. legal aspects
How does dismissal occur based on the results of certification After certification has occurred, all materials and conclusions of the commission are sent to the employer, the head of the enterprise, authorized to make decisions on dismissal. The manager reviews the specified materials, after which he makes decisions on dismissal or retention of the employee in his position. It is important that the manager adheres to the deadlines established by the Regulations.
Attention
If the dismissal occurred later during certification, it can be challenged. The Regulations must clearly define the deadlines for the manager to make decisions based on the results of the certification. So, if, after all, an employee does not meet the criteria defined for a given position, he can be dismissed only after he is, in due course, offered another job at the same enterprise that corresponds to his skill level.
Certification of employees as a basis for dismissal
At the same time, the employee must be notified in writing about the vacancies available for him. The notification is issued in such a way that the employee understands that he is not suitable for the position held, but he is offered a transfer to certain vacant positions. The notice must indicate the column where the employee signs that he is familiar with all vacancies existing at the enterprise.
And one more column where he indicates his consent or disagreement with the transfer to another position. That is, the dismissal of an employee based on the results of certification does not occur immediately, after the commission meeting. The commission indicates its opinion in the protocol, and the employer can decide to send the employee to advanced training, training, or courses.
Or, decide that the employee can no longer work in a given position for which he does not correspond.
Dismissal of those who have not passed certification
It is necessary to clearly and uniformly determine the requirements for length of service and experience, professional skills and education for a specific position or profession, otherwise during the certification procedure, which we will discuss below, questions may arise regarding the interpretation of certain provisions of the instructions. So, based on the definition of qualification given in Art. 195.1 of the Labor Code of the Russian Federation, it can be said that the inconsistency of an employee’s qualifications for occupying a particular position can be defined as the inability of the employee to qualitatively perform the work assigned to him by the employment contract. Documentation support for certification Let us repeat that commercial organizations independently decide whether to conduct certification, and if so, for which employees and how often.
However, for this procedure to be legal, the company must develop a number of documents.
International Faculty
That is, the legislator establishes that certification is mandatory for budgetary institutions. As for commercial companies and organizations, the legislator has not established a mandatory norm for them to carry out this kind of event. Therefore, if a company has decided to conduct certification, employees for whom a special procedure is provided are subject to it. For example, for teachers. When developing a local regulatory act on certification, it is necessary to take into account the requirements of legislative acts.
Dismissal based on the results of certification of inconsistency with the position held. The grounds for dismissal of employees of an enterprise or company are listed in the Labor Code of the Russian Federation. One of the grounds is the initiative of the employer (Article 81). This article contains a provision that allows the dismissal of an employee based on the results of personnel certification.
Certification as a reason for dismissal
The main one of these documents is a local regulatory act - the regulation on certification. In addition to it, you will need: - an order for certification; - certification schedule; - regulations on the work of the certification commission and an order for the approval of its members; - minutes of commission meetings, certification sheets, etc. It is important to develop and approve the documents that are used during certification and on the basis of which it is carried out, since if a labor dispute arises based on the results of certification, the competent authorities will first check local regulations and the procedure for their adoption and statements.
Let's say a few words about the regulations on certification.
Employees who have not passed certification will be able to be fired within three months.
Certification is important for both sides of the labor relationship: it will help the employer to form a personnel reserve, fire workers who do not meet the requirements for the position, and the employee will have the opportunity to receive a well-deserved promotion. In this article, we would like to give general recommendations for conducting certification of your employees, and tell you what local regulations in the field of labor law are necessary when conducting certification. First of all, certification is a periodic check of the professional level of an employee to determine whether his qualifications correspond to the position held or the work performed.
As a rule, employee certification should be carried out at least once every three to five years. Extraordinary certification can be carried out in case of planning to reduce the number or staff of an organization, ineffective work of a department, etc.
Dismissal based on certification results
Info
A civil servant has the right to appeal the results of certification. Dismissal based on the results of certification of municipal employees. Certification of a municipal employee is carried out in accordance with the tasks of determining his suitability for the position held in the municipal service. Certification activities for this category of workers are carried out once every 3 years.
As a result of the above event, the certification commission must make a decision on whether the employee is suitable for the position held. The powers of the commission also include issuing recommendations related to the promotion of individual municipal employees. Reward is given for high performance results and successes, including promotion of employees.
If there is a need, the certification commission recommends improving the work of certified employees.
Important
In another area, an employee can also be offered vacancies, but only if this is provided for in the employment contract. A letter from Rostrud dated 2008, No. 1028, states that on the basis under consideration a person can be dismissed only after certification. The term “certification” is absent in the Labor Code of the Russian Federation. However, certification refers to an event that is a test of a person’s moral, personal and business qualities. In addition, the employee is checked to ensure that his/her work qualities correspond to the position held.
Dismissal based on the results of certification is not allowed. Certification for some employees does not make sense. This is due to the fact that, based on the results of this event, they cannot be fired at the initiative of the employer. Consequently, this process loses its meaning for them.
Terms of dismissal of workers who have not passed certification
- workers who are in a state of incapacity (temporary).
At the initiative of the employer, it is possible to dismiss employees if they have failed the certification process, but in compliance with the procedures specified for this case:
- trade union members;
- employee representatives during negotiations (collective);
- minors;
- staff representatives who participate in the resolution of labor disputes;
- workers who take part in a strike;
- workers who take part in a labor dispute;
- workers elected to the labor dispute commission;
- heads of collegial bodies of primary trade union organizations (elected) and their deputies.
How to avoid dismissal based on the results of certification Based on the results of certification of an employee of the enterprise, the employer draws up a review.
Dismissal of employees who have not passed certification
To carry out certification, the employer must approve a local regulatory act regulating the procedure and applied certification procedures - the regulation on certification. Since at present there is no single regulatory act that would define the general rules for conducting certification in commercial organizations, when preparing regulations on certification in a commercial organization, you can take as a basis the Regulations on the procedure for conducting certification of civil servants and other regulations relating to the conduct of certification of individual categories workers. Additional documents that need to be based on when conducting certification are the internal labor regulations of the organization, regulations on the structural divisions of the organization, employment contracts, job descriptions of employees.
Certification at an enterprise serves to assess the quality of skills and functional abilities of an employee necessary for him to professionally perform his job duties. Dismissal based on the results of certification occurs when the employee does not meet the qualification requirements, as confirmed by the commission in writing. Let's consider how and in what cases you can fire an employee who has not passed the certification.
Dismissal of employees based on certification results
The conditions that an employee working at an enterprise must correspond to the position held are contained in the Labor Code of the Russian Federation.
The provisions of Article 81 establish that dismissal is possible after certification, at the initiative of the employer of an employee who has not confirmed his qualifications based on the results of certification.
You just need to be very careful about the issue of formatting the results of a knowledge test, otherwise they can easily be challenged.
Certification rules
In order to legally dismiss an employee during certification if he failed to meet the certification requirements, the procedure itself must be properly prepared and carried out in accordance with the Regulations on certification and the norms of the law.
- An attestation commission must be convened.
- Certification can be carried out both orally and in writing.
- All employee answers must be entered on a specially designed certification sheet.
- The employee must be familiarized with the completed certification sheet against signature.
- In the minutes of the commission meeting, there should be details for each employee, the result of the vote on which a decision is made for each individual employee.
- In accordance with the conclusion of the certification commission, a mark is placed on whether the employee corresponds to the position he occupies or not.
- Certification must be regulated by a special Regulation adopted by the enterprise.
The conditions for certification are reflected in the Regulations. It may contain other wording about the certification results. For example, you can enter information that the employee is suitable for the position, but must undergo retraining or advanced training. It is also possible to include information in the Regulations stating that the certification commission has the right to make recommendations to the employee, with subsequent re-checking of the employee’s implementation of these recommendations.
Dismissal based on certification results
Particular attention should be paid to the correctness of the dismissal procedure. After all, in the legislation there are many options for the outcome of the same event - failure to pass certification. For example, if an employee who is a member of a trade union is fired, notification and a written opinion from the body of the trade union organization is required.
In the manner provided for in Art. 373 of the Labor Code, before dismissing a trade union member based on the results of certification, all dismissal documents, including the order and certification results, are first sent to the elected body of the trade union organization. After the union has received these documents, within seven days it is obliged to give a written opinion on the possibility of dismissing the employee.
It is prohibited by law to dismiss an employee based on the results of certification if he is on sick leave, or is on regular paid or unpaid leave. However, not everything is so simple if an employee does not pass certification if he is not a member of a trade union. His dismissal also does not happen instantly; some procedures need to be taken into account.
How does dismissal occur based on the results of certification?
After the certification has taken place, all materials and conclusions of the commission are sent to the employer, the head of the enterprise, who is authorized to make decisions on dismissal. The manager reviews the specified materials, after which he makes decisions on dismissal or retention of the employee in his position.
It is important that the manager adheres to the deadlines established by the Regulations. If the dismissal occurred later during certification, it can be challenged. The Regulations must clearly define the deadlines for the manager to make decisions based on the results of the certification.
So, if, after all, an employee does not meet the criteria defined for a given position, he can be dismissed only after he is, in due course, offered another job at the same enterprise that corresponds to his skill level. At the same time, the employee must be notified in writing about the vacancies available for him. The notification is issued in such a way that the employee understands that he is not suitable for the position held, but he is offered a transfer to certain vacant positions. The notice must indicate the column where the employee signs that he is familiar with all vacancies existing at the enterprise. And one more column where he indicates his consent or disagreement with the transfer to another position.
That is, the dismissal of an employee based on the results of certification does not occur immediately, after the commission meeting. The commission indicates its opinion in the protocol, and the employer can decide to send the employee to advanced training, training, or courses. Or, decide that the employee can no longer work in a given position for which he does not correspond.
Dismissal of an employee who refused to undergo certification
An employee’s refusal to undergo certification in itself is not grounds for dismissal. He may be subject to disciplinary action in the form of a reprimand or reprimand. However, according to Article 21 of the Labor Code of the Russian Federation, such an employee violates labor discipline at the enterprise. If he was familiarized with the job description, labor regulations, and the Certification Regulations against signature, was duly notified of the upcoming certification, and still refuses to undergo it, such an employee can be subject to disciplinary action.
If the employment contract and the Regulations contain information about certification and dismissal, in the event of repeated refusal of certification, or in case of violation of labor discipline by the employee, he can be dismissed under the article, in accordance with the initiative of the employer.
There are different opinions from judicial practice. On the one hand, the courts have repeatedly indicated in their acts that violation of labor discipline, if documented, is a legal basis for dismissal. But in the labor legislation there is no article that directly allows the dismissal of an employee if he fails to pass the certification, in the event of his refusal, and not of professional inconsistency. Therefore, if an employee refuses to undergo certification, this should be documented. The manager has every right to issue an order to subject the employee to disciplinary action.