The competitive system for selecting personnel for local government bodies is provided for by Federal Law No. 25 “On Municipal Service in the Russian Federation.” The procedure for holding a competition to fill a municipal service position is established by a municipal legal act.
Competitive selection for municipal service should be based on constitutional principles that ensure equality of rights and freedoms of citizens when exercising their right to work, choosing the type of professional activity, and realizing their abilities.
These principles are:
- the principle of the state guaranteeing equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances;
— the principle of prohibiting any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation;
— the principle of equal rights and freedoms and equal opportunities for their implementation for men and women;
— the principle of the right of citizens of the Russian Federation to participate in the self-government of a municipality, both directly and through their representatives;
- the principle of equal right to freely dispose of one’s ability to work, to choose the type of activity and profession.
— the principle of equal access of citizens to municipal service “in accordance with abilities and professional training,” which means that no citizen has a priority right to enter the municipal service.
In relation to selection practice, the principles mean that uniform admission rules should be established when citizens enter the municipal service.
The selection of citizens for municipal service is carried out taking into account formal and professional qualification criteria.
Formal selection criteria include requirements for the list of documents that a citizen submits when entering the municipal service. This list includes:
— a personally completed and signed application form in accordance with the form approved by order of the Government of the Russian Federation dated May 26, 2005 No. 667-r, with a 3 x 4 photo attached;
— a copy of the passport or a document replacing it (the corresponding document must be presented in person upon arrival at the competition);
— a copy of the work record book, certified by a notary or personnel services at the place of work (service);
— copies of documents on professional education, certified by a notary or personnel services at the place of work (service);
— conclusion of a medical institution on the presence (absence) of a disease that prevents entry into or completion of the state civil service of the Russian Federation and municipal service (according to form No. 001-GS/u);
- a certificate of income, property and property-related obligations of a citizen applying for a position in the municipal service;
- a certificate of income, property and property obligations of the spouse and minor children of a citizen applying for a position in the municipal service;
— extracts from the Unified State Register of Individual Entrepreneurs and the Unified State Register of Legal Entities of the Interdistrict Inspectorate of the Federal Tax Service;
— statement of consent to the processing of personal data.
Documents are submitted to the competition commission within a certain time from the date of publication of the announcement of the competition.
COMPETITION FOR FILLING A VACANT PUBLIC SERVICE POSITION
Late submission of documents, their submission not in full or in violation of the rules of registration are grounds for refusing to accept them to a citizen. If, during the inspection, circumstances are identified that, in accordance with federal law, prevent a citizen from entering the municipal service, as well as in connection with his non-compliance with the qualification requirements for a vacant position in the municipal service, the applicant is informed in writing by the chairman of the competition commission about the reasons for refusal to participate in the competition.
At the first stage, after the deadline for accepting documents, the competition commission, within 5 working days, checks the conformity of the documents submitted by the applicant and makes a decision on the applicant’s admission to participate in the second stage of the competition or on refusal of admission to participation and on the appointment of the second stage of the competition.
The applicant is not allowed to participate in the second stage of the competition if:
— failure to submit a complete package of documents within the established period for accepting documents;
- inconsistency of the applicant with the qualification requirements for a vacant position in the municipal service, as well as in connection with the restrictions established by the legislation of the Russian Federation on the municipal service for admission to the municipal service and its passage.
The decision of the competition commission on admission to participation in the second stage of the competition is made in the absence of grounds and is documented in the protocol of the commission. The secretary of the commission publishes information on the results of the first stage of the competition on the official website within 5 working days.
At the second stage of the competition, the professional level of the competition participant is assessed through testing using software and the professional level is assessed, compliance with the qualification requirements for the vacant position of the municipal service during an interview.
The commission's decision to recognize participants who have passed the second stage of the competition is made based on the results of testing and interviews by a majority vote of the commission members. In case of equality of votes, the vote of the chairman of the competition commission is decisive. The decision of the commission is documented in the protocol of the commission.
The competition is declared invalid by the commission in the following cases:
- if, after the deadline for submitting documents for participation in the competition, no documents have been submitted or documents have been submitted from only one applicant;
- failure of all participants to appear at the second stage of the competition.
The competition commission decides to hold a repeat competition if, as a result of the competition, the winner of the competition was not identified or the competition was declared invalid.
Notification of the results of the competition is sent in writing to candidates within 7 working days from the date of its completion. Information about the results of the competition is also posted within the specified period on the official website of local governments.
The representative of the employer (employer) enters into an employment contract and appoints one of the candidates selected by the competition commission based on the results of the competition for filling the position of municipal service to the position of municipal service.
Professional qualification selection criteria represent a set of requirements for the level of professional education, its compliance with the group and specialization of a municipal position, length of service and work experience in the specialty, the level of knowledge of the Constitution of the Russian Federation, federal laws, constitutions, charters and laws of the constituent entities of the Russian Federation in relation to the implementation of the relevant job responsibilities.
Who is a candidate in the personnel selection process?
In the labor market, a candidate is an applicant who has a chance to get what he wants (a job) and in a certain way meets the requirements that are put forward to applicants due to the characteristics of the profession and the wishes of the employer.
The definition of the concept of “candidate” implies that this is a participant who is compared with other applicants, selected, and considered.
Consequently, there are usually more candidates than what is offered to them (in this case, the vacant position). That is, there is only one position, and there are more than one applicants, so the “winner” will be the “ideal” candidate - the applicant who subjectively and objectively meets the employer’s requirements to the maximum possible extent.
The difference between a candidate and an applicant
When selecting applicants for a vacant position, there is a difference between the applicant and the candidate.
In the job search process, not every job seeker becomes a candidate, but every candidate is a job seeker. The only difference is the stage at which one or the other participant is.
Stages of job search and personnel selection
1) Determination of plans and needs.
The employer determines a description of the position profile, search priorities, and forms criteria for evaluating the candidate.
The applicant, in turn, determines his requirements for the future position, wishes for the next job, evaluates his capabilities, experience, competence, and competitiveness.
2) Voicing your wishes and intentions.
The employer publishes his desire to hire a new employee in publicly available sources, the applicant, in turn, specifically expresses his interest in a suitable vacancy by calling or sending a resume to the company.
Organization and conduct of a competition to fill a vacant municipal service position
3) Resume analysis and telephone interview.
These three steps are the primary selection of applicants. At this stage, all participants who are looking for work are applicants.
Length of stay as a candidate
Applicants become job candidates at the following stages:
1) Invitation, organization and conduct of a personal interview, regardless of the results.
2) Collection of information about the candidate (recommendations, publicly available sources) after the preliminary interview. As a rule, if they want to know more information about a candidate than he provides about himself, it means that he passed the initial screening interview successfully.
3) An interview with the immediate supervisor, during which the candidate is assessed not as an individual, but as a specialist (because various kinds of psychological tests are the job of a personnel manager, and not, for example, a shop manager).
4) Final interview with the main manager.
The above steps when an applicant turns into a candidate can be shortened or increased by several steps. As a rule, the number of interviews depends on the level of size and “prestige” of the employing company.
In small companies, to interview a candidate and make a decision on whether to hire him or not, only one meeting with the employer, who is the owner, the immediate supervisor and part-time HR, is enough.
In large corporations, the candidate selection process takes longer. The candidate only needs to meet with the HR manager at least twice (for a screening interview, for psychological testing or a stress interview). And the final meeting with the main manager usually occurs after 4-5 interviews.
But each candidate decides for himself which course of development in the job search process is more acceptable for him.
This is a preliminary encyclopedic article on this topic. You can contribute to the development of the project by improving and expanding the text of the publication in accordance with the rules of the project. You can find the user manual here
Municipal service and municipal position
Municipal service, according to the Federal Law “On the Fundamentals of Municipal Service in the Russian Federation,” is a professional activity carried out on an ongoing basis in a non-elective municipal position.
The term “municipal service” (“municipal employees”) came into use along with the development of legislation on local self-government and the development of the theory of municipal law. It can be considered that this concept unites all employees engaged in performing various functions in local governments.
It seems that municipal employees in their legal status (its main components, the “ideology” of service) do not differ from civil servants, since from a status-functional point of view their rights, duties, responsibilities, terms of reference, types of service, entry into service are the same and termination of official relations, etc. In other words, the traditional elements of the status of a civil servant are also characteristic of the municipal one: the concept of an employee, rights, responsibilities, service, certification, etc.
Of course, for municipal employees there are special laws and special regulations adopted by the legislative bodies of the constituent entities of the Federation, as well as local government bodies; They determine the specific level of competence and official status of municipal employees.
The following main features of municipal service can be distinguished:
- This is a special type of public service, i.e. in local public authorities, municipalities;
- filling by a municipal employee of a municipal position that is not an elective position
- this is a professional activity in local government bodies, for the implementation of which municipal employees receive a salary from the local budget (budget of the municipality); municipal employees are persons serving in positions in local government bodies;
- This is an activity to exercise the powers of the relevant bodies, i.e. activities subordinate to the municipality;
- This is an activity organized on an ongoing basis, i.e. municipal employees exercise the powers of the local government body as their main job for an indefinite period of time (permanently); Elected officials, on the other hand, act for a specific period of time (temporarily). A permanent basis for the activities of municipal employees will ensure the professionalism of the municipal service, its stability, and in a certain sense it is comparable to the principle of irremovability of officials in European countries.
The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” establishes that the legal regulation of municipal service, including requirements for municipal positions of municipal service, determination of the status of a municipal employee, conditions and procedure for performing municipal service, is carried out by federal law, as well as adopted in accordance with with it the laws of the constituent entities of the Russian Federation and the charters of municipalities.
The fundamentals of municipal service in the Russian Federation are regulated by the Federal Law “On the fundamentals of municipal service in the Russian Federation”. The legal regulation of the municipal service, including requirements for positions, the status of a municipal employee, the conditions and procedure for performing municipal service, management of the service, is determined by the charter of the municipal entity in accordance with the laws of the constituent entities of the Russian Federation and the federal law establishing the legal basis of the municipal service of the Russian Federation.
Local government bodies, implementing legislation on municipal service and adopting relevant regulatory legal acts in this area, must be guided by federal legislation and the legislation of the constituent entities of the Russian Federation on municipal service, which in the laws on municipal service determines the subjects of jurisdiction of a municipal entity in the field of municipal service.
Municipal position- this is a position provided for by the charter of a municipal entity in accordance with the law of a constituent entity of the Russian Federation, with established powers to resolve issues of local importance and responsibility for the exercise of these powers, as well as a position in local government bodies formed in accordance with the charter of a municipal entity, with established terms of reference for execution and ensuring the powers of this local government body and responsibility for the performance of these duties.
The Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” established three groups of officials working in local government bodies: 1) elected officials of local government; 2) local government officials; 3) member of an elected local government body - an elected official of a local government body formed at municipal elections.
Filling a vacant position
They differ mainly in the way positions are filled and the nature of administrative powers.
In this regard, all municipal positions are divided into two groups:
1) elective municipal positions filled as a result of municipal elections (deputies of a representative body of local self-government; members of another elected body of local self-government; elected officials of local self-government), as well as replaced on the basis of decisions of a representative or other elective body of local self-government in relation to persons elected to the composition of these bodies as a result of municipal elections;
2) other municipal positions filled by concluding a contract (employment contract); The laws of the constituent entities of the Russian Federation on municipal service call them municipal positions of municipal service.
Municipal positions of the municipal service include all municipal positions that are not elected. Consequently, heads of municipalities, deputies and other elected officials of local government do not belong to municipal employees. Municipal employees are also not persons performing technical support duties for local government bodies. The legal status of persons holding elected municipal positions is not determined by the legislation on municipal service.
Municipal positions of the municipal service are established by regulatory legal acts of local governments in accordance with the register of municipal positions of the municipal service, approved by the law of the subject of the Russian Federation.
The same law determines the ratio of municipal positions in the municipal service and positions in the civil service of the Russian Federation, taking into account the qualification requirements for the corresponding positions in the municipal and state service.
How to win a competition and get a job during a tough multi-stage selection processMost companies recruit in the most unfavorable way possible. They post the usual stupid vacancies. They try to attract anyone to work with them - as long as they want to work. As a result, they conduct a bunch of individual interviews. Which are of no use - zero point, fig tenths. You can get a job in such a company without difficulty. But why do you need a job in a company that can’t even properly select personnel for itself?
Serious companies approach things differently. They arrange a strict multi-stage selection process. Before you send your resume there, no one will even talk to you. However, they will not talk to you even after they receive your resume. First, your resume must pass the first stage of selection.
Thus, if there are significant flaws in your resume, you simply will not get to a personal interview. You can find some relevant points in my article “What should a sales manager’s resume contain so that he is not hired” on HeadHunter.ru.
If you are selected based on your resume, you will be invited for an interview. In the most serious companies, this may not be an individual interview, but a tough competitive selection. Such selection may consist of four stages. And it takes from three to six hours.
For you, the first sign that the company is serious should be that they... are not very interested in you as an employee. Why? Because they have no problems recruiting staff. Their question is how to select the most worthy candidate from 10-50 candidates for a given position. A sure sign that the company is “right” is that from 5 to 15 people participate in the competition. If 20 or more applicants participate in one competition, most likely you have found yourself in a really cool company. If you participate in such a competition, you are already lucky. For each applicant invited to such a competition, there are at least 5 applicants who sent their resumes. This means that four out of five applicants are eliminated at the first stage of selection. So you are already in the top 20% of successful candidates!
However, this is not the time to relax. Most of those who came to the competition will not get work anyway. Many will not survive even the first stage of the general competitive selection. This means that they will go home in an hour, having slurped unsalted food.
By the way, now you can increase the efficiency of the recruitment process. To do this, I will leave you questionnaires for the competition. Use it!
Get profiles
To successfully pass such a tough selection, you need to understand how it takes place. To do this, I recommend reading the chapter “Selection of fighters” twice in a row from my book “Building a sales department: from “zero” to maximum results” (Peter Publishing House, 2006-2007). You can also read some useful materials on the topic on our website. On my own behalf, I would like to note a few points that you should pay special attention to during the tough competitive selection:
- For God's sake, collect information about the company you are interviewing with in advance! At a minimum, study their corporate website on the Internet from cover to cover. It’s a good idea if you visit the company’s office, store or salon in advance. It is absolutely unacceptable to come to a competition and not know what the company does. This clearly indicates that you need any job in any company. A serious company does not need such employees.
- Strictly adhere to the competition standards. Many points may not be clear to you. Others may cause irritation or aggression. But all these moments are planned and thought out. They are part of a carefully developed technology of strict competitive personnel selection. Please note: the stricter and more thoughtful the company is in selecting, the more it will deal with you in the future. And the more you can learn in such a company.
- Don't ask questions unless absolutely necessary. Asking a question at the wrong time may be grounds for your immediate elimination from the competition.
- Do not ask for excessive payment. As a last resort, indicate that you are ready to start with something acceptable (and don’t ask for too much!) in order to earn good money later. Take positively all offers where part of the income is paid as a percentage of the results you receive. Say that you would like to receive the bulk of your income as a percentage of the results. And you rely less on salary.
- If you are applying for a job as a sales manager, you must be able to sell. And they will check this at the competition. I recommend seriously practicing cold calling and squeezing deals immediately before the competition.
- If, after a rigorous selection process, you are offered a job, agree and take the job. On what terms? Doesn't matter. After all, those employees who already exist in this company somehow earn normal money? And so can you. It usually takes 2-3 months to understand how to achieve success and rise in a given company. And during this time you will probably undergo an intensive professional training in this company. preparation, which will certainly not be superfluous for you.
And one last thing. If you really want to get this job, but cannot agree on the terms, there is a backup option. Say: “I really want to work for you, and I would like to show myself in action. I offer the following: I will work for you for free for one week. During this time we will look at each other in action. You'll see what I'm capable of. We'll make a decision in a week. If I don't suit you, that's okay. You received a week of my work as a gift. I am not a poor person and can afford such a small gift. What if I suit you? Fine! Then I have the right to try to negotiate with you on terms acceptable to me.”
A competition usually means a competition between two or more candidates to fill a vacant position. The use of competitive procedures contributes to:
- increasing the prestige of the position;
- attracting more candidates;
- increasing the objectivity of hiring decisions;
- democratization and openness of the sphere of personnel management;
- introduction of new HR technologies;
- intensifying the collection of personal information for planning work with hired candidates;
- formation of teams.
The necessary elements of the competitive procedure are:
1) the presence of applicants nominating themselves for the competition;
2) the competition commission, which is given the right, based on the regulations on the conduct of the competition, to choose the techniques and methods of its conduct;
3) mechanisms for assessing the merits of competitors and making decisions based on the results of the competition;
4) mechanisms for informing participants and other interested parties about the progress and results of the competition (Bazarov T.Yu., 1995).
In general, today we can talk about the emergence of several approaches (or paradigms) to organizing and conducting a competition for hiring and filling a vacant position.
Firstly, elections are the simplest and most traditional method, most often used when holding a competition to fill a vacant managerial position. Within this procedure, the opinion of the majority is taken into account and special preliminary tests of candidates are not carried out.
Their suitability or non-compliance with the vacant position is determined by the competition commission based on the study of official and unofficial documents (characteristics from management, public and trade union organizations), and interviews. Information about the candidates is communicated to the team, before which the applicants speak with their messages. Preference is given to one candidate or another by voting, the procedure of which is pre-agreed (simple majority, 2/3 of voters, etc.).
The advantage of the selective method is its speed and the ability to take into account the opinions of team members. Disadvantages include subjectivity and the inability to insure against error, since the voting majority has to trust information obtained from the characteristics of the candidate or, at best, their subjective opinion based on observation of the candidate’s behavior, his speech and answers to questions, if the speech is organized.
Secondly, selection is a method in which a decision on a candidate’s suitability is made by a personnel commission headed by a directly superior manager or a person appointed by him. The selection method is also used for high-level management positions, where, along with professional competence, great importance is attached to the candidate’s ability to establish relationships with partners at different levels, as well as the ability to be compatible with senior management and subordinates.
When assessing selected candidates, the competition commission, in addition to analyzing documents and characteristics, conducts interviews; sometimes structured interviews are used and candidates are subjected to psychological testing.
The advantage of the selection method is an individual approach and the opportunity to obtain more reliable information about the professional and personal qualities of candidates. Disadvantages include relative slowness and a high degree of subjectivity, which is of an emotional and psychological nature (for example, the tendency to make a decision about a candidate based on the first impression, without taking into account the information obtained in a further interview). The error often occurs due to the subjective desire to evaluate the candidate in comparison with the impression left by the previous candidate. Affects a person’s assessment and appearance, his social status, manners, etc. A structured interview (a pre-compiled questionnaire covering the main issues of interest to the competition committee) increases the reliability of the interview results. In addition, the use of the selection method is productive in a situation where there is no conflict, when the appointment of the selected candidate does not affect the interests of other team members.
Thirdly, selection is a method that allows, in any conditions, to carry out the most democratic and largely free from subjectivity competitive procedure.
The advantage of the selection method is a comprehensive, thorough and objective study of the individual characteristics of each candidate and the possible prediction of his effectiveness. The disadvantage is the duration and high cost of the procedures used.
The technology for constructing competitive procedures can be different and is largely determined by the profile of the organization, the prevailing socio-economic, political and psychological conditions, and the professionalism of the involved specialists in the field of assessing the professional, business and personal qualities of candidates.
The organization of competitive procedures involves their preparation, conduct and summing up.
The focus of the preparatory stage is the process of creating a competition (formation of organizational structures, rules, procedures, professional and material and technical base), it continues from the moment the decision is made to hold the competition until the final list of competitors is approved.
The competition can take place in several stages.
At the center of the main stage is the process of collecting information about candidates (and the collection of information that is significant within the framework of the paradigm used), it continues from the moment the first competition procedure begins, and includes substages separated by summing up interim results and making decisions on the admission of competitors to participate in the next substage, and ends with summing up the results of the last substage.
Central to the final stage of the competition is the process of legitimizing its results; it continues from the moment of summing up the results and ends with the approval of the results. Depending on the paradigm of the competition, the results are legitimized by the body that created the competition commission.
The most important condition for holding a competition is the creation of a competition or election commission - a body responsible for preparing and conducting the competition. Depending on the competition paradigm, various functions of the competition commission can be distinguished.
In a competition situation in the “selection” paradigm, a competition commission is created with the aim of legitimizing the decisions made by the manager. Its tasks may include normative consolidation of competition procedures developed by experts, discussion and preparation of materials for the manager to make a decision, and approval of the decision made.
In a competition situation in the “election” paradigm, a competition commission (election commission) is created for the purpose of preparing and conducting a vote (or another form of expression of will) of the workforce, or a meeting of shareholders, on the issue of the future leader. Its tasks are the organizational preparation of the event, ensuring compliance with the standards for its conduct, summing up and announcing the results.
In a competitive selection situation, a competition commission is created to ensure measures for the objective assessment of candidates in accordance with the identified professional, managerial and other assessment parameters (Table 24). The tasks of the competition commission are to develop rules for the competition, its preparation, ensuring the objectivity of the expert assessment of candidates and compliance with the rules of the competition; the competition commission is authorized to make decisions on approving the results of expert assessments.
In preparing for this event, it is important to pay attention to staffing:
a) within the framework of the selection paradigm, the personal composition of the competition commission should include people who are trusted by the entity that announced the competition;
b) within the framework of the election paradigm, the competition (election) commission should include people who are trusted by the workforce;
c) within the framework of the selection paradigm, the competition commission should include representatives of all interested groups who are professionally competent in matters of personnel work.
The feasibility of including the activities of the preparatory stage of the competition within the framework of various paradigms of its implementation is presented in Table. 22.
The competition assumes a flexible approach to its implementation, when the paradigms and methods used are selected depending on the situation in the organization (see Table 23).
Table 23. Suitability of using competition paradigms depending on the management form
There are several approaches to designing a program and choosing methods for selecting candidates for a vacant managerial position. Among them:
Certification method
Based on the principle of constructing a business portrait of a candidate using a specially developed personnel technology method. The essence of the method is to develop a list of 80 professional, business and personal qualities in relation to this specific management activity. These qualities are described in the form of a dictionary of business characteristics. For each candidate being certified, a group of experts is assigned from among senior managers, subordinates and colleagues who know the candidate being assessed well. Experts are asked to select from a proposed list of qualities that are suitable for a given candidate. As a result of computer processing, a business portrait is obtained. The quality of this portrait depends on the list of business characteristics dictionary phrases offered to the experts. The computer prints a ready-made document containing, along with objective data (position, age, education, etc.), a clearly understandable text of 16 characteristic phrases. Experts are guaranteed anonymity.
If necessary, the number of qualities assessed can be increased from 80 to any reasonable number. In this case, it will be necessary to create a different algorithm for processing data on a computer.
The certification method is not used for selection in its pure form. As a rule, it is supplemented by an interview and other types of tests. As an example, we can consider the managerial concept of V.K. Tarasov (Tarasov V.K., 1989), focused on five necessary management blocks:
a) drafting business letters, orders and instructions; development of regulations, charters, instructions;
b) communication technique: ability to speak publicly; conduct a business meeting; listening skills; conduct negotiations and business conversations;
c) technique of intercepting and retaining control: strategy and tactics of competition; ensuring staff loyalty and motivation;
d) organization of production: assessment of applicants for jobs and hiring; technology analysis; timing and rationing; choice of incentive and remuneration system; organization of production activities;
e) commercial activities: lending and banking; forecasting solvency; issue of money and supply of goods; pricing and tax policy; company values and corporate identity; marketing and formation of product niches; accounting and protection of property; techniques for preventing economic and commercial abuses; mixed forms of ownership; organization of joint stock companies; organization of election campaigns; organization of public relations; advertising technique; the use of consultants. The advantage of a competition based on personnel technology is its high technology and structure. This approach is especially effective in the competitive selection of young specialists into the reserve for leadership positions. After special training, such reservists become well-prepared leaders for working in new conditions.
The disadvantage is its advantages - rigid structure and therefore difficulty in applying this approach in non-standard conditions.
Game-technical selection methods are quite complex and varied procedures. There are two fundamental game-technical approaches. The first is based on the managerial concept of V.K. Tarasov with strictly structured game simulation procedures (personnel-technology). The second is based on organizational activity games (OAGs).
The leadership competition based on organizational and activity games is held in the form of a marathon - nine or more days - and is based on a systems-thinking methodology. Working with the future, designing and programming future activities is embodied in the form of organizational games. ODI also presupposes the mandatory inclusion of part of the workforce in the development of enterprise development programs and their interaction with candidates.
Procedurally, the ODI is divided into four phases.
In the first phase, the gaming team carries out a systematic analysis of the situation, trying to get to the diagram of the enterprise in its diverse functional relationships with external systems.
In the second and third phases of the game, the most important aspects of the situation for the enterprise are discussed. In the fourth phase, a topic related to the economic and economic policy of the future head of the enterprise is discussed. Organizationally, the ODI participants are divided into three groups: 1) a group of applicants (which in turn are divided into subgroups ); 2) groups of experts and 3) working groups with an expert assessment function.
At each phase, 2-3 hours are allocated for work in subgroups, then a general meeting takes place, at which each subgroup makes a 5-10 minute report. For each report, a discussion is held to criticize the content of the report. A mandatory procedure (1 hour) is a reflexive analysis of the situation, i.e. analysis of what is happening at the game, analysis of the group’s performance and the actions of each player, programming of work for the next phase.
After the completion of the ODI, the “election campaign” begins, during which the finalist candidates present their programs in various services and departments of the enterprise. This stage ends with the final selection of a candidate for a vacant position. The advantage of ODI is the seriousness of the tasks that can be solved by them, taking into account the fact that the work is carried out with the real problems of the enterprise:
1) formation of an enterprise development strategy (without a new own strategy, a change of management becomes meaningless);
2) identifying the main production problems of the enterprise;
3) the formation of consolidated groups and teams within the organizational structure that will implement new strategies for the development of the enterprise.
The disadvantage of ODI is the psychological rigidity of the competition procedure, when applicants who cannot withstand excessively intense mental work are often left “overboard” and who, as a result, require special psychological help and support. In addition, ODIs are built on the principle of weakening the old organizational structure through deliberately provoking conflict. In conditions of social instability, this technique may work against the organizers of the competition.
The method of situational design is a technology focused on solving competitive problems in conditions of socio-economic, political and socio-psychological instability. The advantage of the situational design method is the ability to solve competitive selection problems in extreme socio-political and socio-psychological conditions. The disadvantage is the duration and high cost.
Competition procedures are designed in relation to the selection problem.
The solution to the problem of choosing procedures is based on the selected competition paradigm. At the same time, depending on the combination of management forms and their share in the organizational culture of the enterprise, recommendations are developed for the developers of the competition on the use of certain procedures. One of the possible methods for determining the specific weight of management forms is an expert assessment of the organizational culture of an enterprise. The result of this assessment can be expressed as a percentage of the presence of one or another management form and presented in the form of a diagram - a circle with shares. Depending on their combination, it is possible to include procedures used in other competition paradigms conducted under the dominance of these management forms (see Table 24).
Table 24. Possibility of using competitive procedures under different paradigms
Optimal use of this procedure within the paradigm;
- - incompatibility with the paradigm for using this procedure;
0 - insignificance of the results of this procedure within the paradigm.
The advisability of using specific methods (or their combination) is determined in accordance with two principles:
1) the adequacy of competitive procedures for the current situation, the available resources and the goals of the competition organizers;
2) compatibility of competitive procedures with each other, taking into account the selected paradigms of the competition.
(the “+” symbol denotes optimal activities within the paradigm;
the symbol "-" indicates activities that are incompatible with the paradigm;
The symbol "0" denotes activities that are insignificant within the paradigm).
In table 25 and 26 show the events of the main and final stages of the competition.
Table 25. Events of the main stage of the competition
The feasibility of including the events of the final stage of the competition within the framework of various paradigms of its conduct
(The “+” symbol denotes optimal activities within the paradigm;
the symbol "-" indicates activities that are incompatible with the paradigm;
The symbol “0” denotes activities that are insignificant within the paradigm.)
Table 26. Event of the final stage of the competition
Chapter 4. Personnel management at the stage of stable functioning of the organization
1. Labor productivity assessment
2. Labor rationing
3. Assessing employee performance
4. Creation of a personnel certification system
5. Working with reserve
6. Staff training
7. Development of labor incentive programs
Personnel management at this stage of the organization’s life cycle is generally implemented in conditions where the organization strives to maintain the achieved level of profitability, search for new market segments and offer promising types of services or goods, and optimize the management structure.
The content of the activities of the personnel management service at this stage, as a rule, is mainly focused on the standardization and intensification of work, assessing its effectiveness, creating a system of incentives, certification and training of personnel.
One of the effective forms of rational selection and use of qualified workers is election through competition to fill certain positions, sometimes referred to as “competitive selection” of workers, or simply “competition”. Election by competition to the relevant positions can ensure a significant improvement in the activities of the organization (employer), increased competitiveness, as well as the rational use and growth of business qualifications of employees, their responsibility for the high-quality and timely performance of their labor functions. What requirements does the law impose for hiring through a competition, and what are the specifics when hiring the head of a commercial organization through a competition?
A competition is a special procedure for selecting one of the selection participants for a certain position by a collegial body, for example, an academic council, scientific, technical, artistic or other council operating in an organization, or a specially formed commission for holding the competition. In accordance with this decision, the head of the organization enters into an employment contract with the applicant selected for the position through competition.
Election by competition is not only the basis for checking and assessing the business qualities of employees by a collegial body (academic council, special commission) in order to identify the most qualified of them. At the same time, an employment contract, as a result of election through a competition and in combination with a competition, acts as a legal form for citizens (individuals) to exercise the right to work in conditions of freedom and the labor market.
An employment contract, i.e. an agreement between an employer and an employee (Article 56 of the Labor Code of the Russian Federation), as a legal act gives rise to an employment relationship and is the basis for its occurrence, as well as changes and termination. The Labor Code of the Russian Federation includes cases of the emergence of labor relations on the basis of an employment contract in conjunction with other legal acts specified in Part 2 of Art. 16 of the Labor Code of the Russian Federation, including the act of election through competition to fill the corresponding position. As a result of each of these acts and the concluded employment contract, which, as it were, “closes” these acts committed before it, in these cases, labor relations arise.
At the same time, an employment contract is not a single legal act - the basis for the emergence of labor relations, but in combination with other acts constitutes the so-called “legal (actual) composition” - the basis that gives rise to labor relations, which is enshrined in a number of articles (Article 16 –19 Labor Code of the Russian Federation) and in the title of Chapter. 2 and art. 16 “Grounds for the emergence of labor relations” of the Labor Code of the Russian Federation.
The Labor Code of the Russian Federation highlights the leading role of the employment contract. Labor relations do not arise without an employment contract, even if elections or competitions have been held or other acts specified in the Labor Code of the Russian Federation have been committed (Article 16).
Thus, in ch. 2 of the Labor Code of the Russian Federation (Articles 16–19) establishes the grounds for the emergence of labor relations in cases where these grounds represent the specified legal composition, including an employment contract as a result of election through a competition to fill the corresponding position. In this case, the complex legal structure as the basis for the emergence of labor relations includes the act of election by competition, the order of the head of the organization (act of management) by decision of the collegial body on competitive election and the employment contract with the person elected to the competitive position.
Article 18 of the Labor Code of the Russian Federation establishes that labor relations on the basis of an employment contract as a result of election through a competition for replacement
BackgroundBack in 1918, positions in the system of higher educational institutions began to be filled through competition. Then the competition became widespread in some other areas of labor application, but in the modern period, competition issues require further development, which is reflected in the current labor legislation. In contrast to the previously existing Labor Code of the Russian Federation, in the Labor Code of the Russian Federation (Article 18) the possibility of holding elections through competition for filling relevant positions is defined from a more general position. Article 16 of the Labor Code of the Russian Federation establishes: labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Labor Code of the Russian Federation, and in cases and in the manner |
which are determined by law, other regulatory legal act or charter (regulations) of the organization, labor relations arise on the basis of an employment contract as a result of: |
corresponding positions arise if the law, another regulatory legal act or the charter (regulations) of the organization determines the list of positions to be filled through competition and the procedure for competitive election to these positions. From this article of the Labor Code of the Russian Federation it follows that election by competition is carried out subject to a number of conditions.
First of all, the specified election to the relevant positions must be established by law, other regulatory legal act or charter (regulations) of the organization.
In addition, a list of positions to be filled by concluding an employment contract is determined, which is preceded by election by competition.
Finally, it is necessary to determine the procedure for competitive election to these positions.
In Russian legislation regulating labor relations, there are still various regulatory legal acts on the procedure for holding competition for certain positions in various industries and fields of activity.
In some cases, this is a law in accordance with which the Regulations on election by competition are adopted, in others - a resolution of the Government of the Russian Federation and the corresponding regulation adopted on its basis.
For the election of certain categories of employees or specialists or managers through competition to positions, no exemplary provisions have been developed that could serve as a model for specific, for example, corporate organizations.
In this regard, it is useful to familiarize yourself at least briefly with the individual provisions in force.
Filling positions of scientific and pedagogical workers in universities
In pursuance of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education” (hereinafter referred to as the Law on Higher Education) and in accordance with Art. 332 of the Labor Code of the Russian Federation, by order of the Ministry of Education of Russia dated November 26, 2002 No. 4114, the Regulations on the procedure for filling positions of scientific and pedagogical workers in a higher educational institution of the Russian Federation were approved (hereinafter referred to as the Regulations dated November 26, 2002). This Regulation establishes: the conclusion of an employment contract with professors, associate professors, senior lecturers, teachers and assistants, as well as university researchers is preceded by a competitive selection; the conduct of this competitive selection is determined by the Regulations dated November 26, 2002.
Thus, the competitive selection is announced by the rector (vice-rector, head of a branch) of the university in periodicals or other media at least two months before it takes place. The deadline for submitting an application to participate in the competitive selection is one month from the date of publication of the announcement of the competition. Discussion and competitive selection of applicants for teaching positions are carried out at the academic council of the university (academic council of the faculty, branch). The decision on competitive selection is made by members of the academic council by secret ballot. The applicant who received the largest number of votes from members of the Academic Council, but not less than half plus one vote from the number of those who took part in the vote with a quorum of 2/3 of the list of members of the Academic Council, is considered to have successfully passed the competitive selection.
Before the election of an applicant for a teaching position through competition at a meeting of the academic council, the department makes recommendations on each candidate and brings it to the attention of the academic council of the university (faculty, branch) at its meeting (before holding a secret vote). The department has the right to invite applicants to give trial lectures or conduct other training sessions and, based on their results, accept recommendations.
During competitive selection at a university, the employment contract completes all other legal acts of this composition in accordance with Art. 332 Labor Code of the Russian Federation, clause 2, art. 20 of the Law on Higher Education. With a person elected through a competition by the academic council of a university (faculty, branch), the head (rector, dean) on behalf of the university (faculty) enters into an employment contract, provided that the corresponding management act (order) was previously issued by the decision of the council on the competitive election of the person for the corresponding position.
An order for employment, issued after the conclusion of an employment contract, is not a legal act, but performs a formal function
In this case, there is a “complex legal composition”, since it includes legal acts characteristic of different branches of law and performed in the following sequence:
1) a competition completed by a decision of the relevant body (academic council), i.e. an act of election;
2) order of the head by decision of the academic council (collegial body), i.e., an act of management;
3) an employment contract concluded with a person elected through a competition, stipulating the employee’s labor function, the start date of work, the amount of remuneration, and more, i.e., a bilateral legal act (agreement).
Appointment of the head of the organization on a competitive basis
The Labor Code of the Russian Federation (Part 2 of Article 275) provides that the conclusion of an employment contract with the heads of an organization, regardless of organizational and legal forms and forms of ownership (except for the cases established in Part 2 of Article 273 of the Labor Code of the Russian Federation), may be preceded by appropriate procedures established by law, other regulatory legal acts or constituent documents of the organization, and these procedures include holding a competition, election or appointment to a position, etc.
On a competitive basis, appointments to the position of heads of unitary enterprises are carried out in accordance with the Regulations on the holding of a competition for filling the position of head of a federal state unitary enterprise, approved. Decree of the Government of the Russian Federation dated March 16, 2000 No. 234 “On the procedure for concluding employment contracts and certification of federal managers (hereinafter referred to as the Regulations dated March 16, 2000).
In connection with the entry into force of the Labor Code of the Russian Federation and in pursuance of the Decree of the Government of the Russian Federation dated October 4, 2002 No. 738, the Ministry of Economic Development of Russia, by order dated March 2, 2005 No. 49, approved a model employment contract with the head of a federal state unitary enterprise.
In accordance with the Regulations dated March 16, 2000, the procedure for holding a competition to fill this position is determined: the formation of a special commission and its composition, the timing and procedure for its operation; publication of an information message about the competition (no later than 30 days before the date of the competition announced in it) indicating the requirements for the applicant to fill the position of head of the enterprise, a list of documents submitted by applicants for participation in the competition, duly executed, etc. .
Accordingly, applicants for participation in the competition submit to the commission, within the prescribed period, copies of the work book and state-standard education documents, other documents provided for in the information message, as well as proposals for the enterprise’s activity program.
Individuals who have a higher education, work experience in the field of activity of the enterprise, experience in a managerial position, usually at least a year, and who meet the requirements for candidacy for the head of an organization are allowed to participate in the competition.
The federal executive body concludes an employment contract with the winner of the competition no later than one month from the day the winner is determined, submitting the employment contract for approval to the Ministry of Property of Russia, the period of which should not exceed 10 days.
The conclusion of an employment contract on a competitive basis with the heads of other, for example commercial, organizations (general director, director, etc.) can be carried out if the constituent documents of this organization establish a competition to elect its leader (Part 2 of Article 275 of the Labor Code of the Russian Federation) and established the procedure for holding this competition.
Thus, for the head of a commercial organization, the basis for the emergence of an employment relationship may be a complex legal structure, which includes the following acts:
1) competition and determination by the commission of the best of its participants to fill the position of head of the organization;
2) conclusion of an employment contract with a person elected as a result of a competition.
At the same time, such an act as the employer’s approval of the election of a person through a competition to the position of head of the organization may also be included in the complex legal structure.
Election by competition and election to a position: main differences
It is worth paying attention to one of the significant differences between election through competition to fill the corresponding position and elections (election) to the position. The competition is self-nomination. According to its announcement, anyone can submit the necessary documents to participate in the competition to fill a competitive position. In the same time elections (election) to a position are carried out on the basis of nomination by other individuals or groups, groups of people of a certain person for an elected position.
The competition is also distinguished by other features: its open public nature - the announcement of the competition is addressed to an indefinite circle of people and is associated with the self-nomination of a person to participate in the competition; election by competition is carried out by collegial bodies (council, commission); as a result of election by competition - in accordance with a decision made by this body and, as a rule, approved by the employer (in relation to the head of the organization) or the head of the organization in relation to other categories of employees - an employment contract is concluded with them and an employment relationship arises; the labor relationship arises on the basis of an employment contract as a result of election through a competition, subject to the conditions established by the Labor Code of the Russian Federation (Article 18).
Thus:
a) election by competition to fill the relevant position is provided for by law, other regulatory legal act or charter (regulations) of the organization;
b) a list of positions to be filled through a competition has been determined;
c) the procedure for competitive election to these positions has been established;
d) the competition is periodic in nature, and the corresponding positions occupied during election by competition, after a certain time (at least once every 5 years) are put up for competition through the specified announcements, but this does not exclude the possibility of vacant (not occupied by anyone) being put up for competition ) positions.
The Regulations on the procedure for competitive election to fill relevant positions, developed, for example, in an organization as a local regulatory act in accordance with the charter (regulations) of the organization, may include: the purpose of the competition, the conditions for the competitive election (selection) of the most qualified employees and as a result of election by competition, the conclusion of an employment contract between the employer (organization) and the employee elected by competition. The said Regulations necessarily define a list of relevant positions for which a competition is announced: for example, the head of an organization, heads of structural divisions, specialists of one or another profile and other categories of workers, and also indicate the requirements for applicants for filling a competitive position (education, work experience specialty), and the list of documents submitted by applicants for participation in the competition within the established period is specified.
It is advisable to determine who is not allowed to participate in the competition: for example, an applicant who has not confirmed his training and education with documents indicating his specialty and qualifications, or one whose work experience in his specialty has not been established due to the lack of a work book or does not correspond qualification requirements for filling the corresponding position, or documents were not submitted within the prescribed period, etc.
It is necessary to establish a clear procedure for passing the competition. First of all, this is the formation of a competition commission, determination of its composition, timing and procedure for action and making a decision (type of voting: secret or open, procedure for counting votes), familiarization with the voting result, the presence of a quorum (at least 2/3 of the commission’s payroll); The participant in the competition for whom more than half of the present commission members voted is recognized as elected to the position.
The announcement shall indicate the details of the organization (employer), the date and time of the start and end of the acceptance of applications and documents, as well as the holding of the competition, the requirements for the applicant for the competitive position, the list of documents submitted by the participants of the competition.
1. A citizen’s entry into the civil service to fill a civil service position or the replacement of another civil service position by a civil servant is carried out based on the results of a competition, unless otherwise established by this article. The competition consists of assessing the professional level of applicants for civil service positions and their compliance with the established qualification requirements for filling civil service positions.
1) upon appointment to civil service positions in the categories “managers” and “assistants (advisers)” filled for a certain term of office;
2) upon appointment to civil service positions in the “managers” category, appointment to which and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation;
3) when concluding a fixed-term service contract;
(see text in the previous edition)
5) upon appointment to a civil service position of a civil servant (citizen) included in the personnel reserve in the civil service.
(see text in the previous edition)
3. A competition may not be held for appointments to certain positions in the civil service, the performance of official duties for which involves the use of information constituting state secrets, according to the list of positions approved by a regulatory act of a state body.
(see text in the previous edition)
5. An applicant for a civil service position may be denied admission to participate in the competition due to non-compliance with the qualification requirements for a vacant civil service position, as well as in connection with the restrictions established by this Federal Law for entry into the civil service and its passage.
8. The competition commission includes a representative of the employer and (or) civil servants authorized by him (including from the department for civil service and personnel issues, the legal (legal) department and the department in which the competition for filling a vacant civil service position is held), a representative of the relevant body for managing the civil service, as well as representatives of scientific and educational organizations, other organizations invited by the body for managing the civil service at the request of the employer’s representative as independent experts - specialists on issues related to the civil service, without indicating the personal data of the experts. The number of independent experts must be at least one quarter of the total number of members of the competition commission.
(as amended by Federal Law dated July 2, 2013 N 185-FZ)
(see text in the previous edition)
8.1. Member of the competition commission in the federal executive body, in which, in accordance with