The Ministry of Labor clarified whether employers are required to send employees to an independent assessment of qualifications during their certification.
In its letter dated 18.09.2019 No. 14-3 / В-742, the department notes that, according to Article 81 of the Labor Code of the Russian Federation, the employee’s compliance with the position or work performed is confirmed by the results of certification conducted by the employer. The same article states that the certification procedure is established by labor legislation and other regulatory legal acts containing labor law standards, local regulatory acts.
In particular, a number of special federal laws and other legal acts oblige employers to certify certain categories of workers. For example, such an obligation is provided for civil servants, prosecutors, heads of state federal unitary enterprises, teachers, etc.
Organizations that are not covered by the laws and regulations (governing the certification of certain categories of employees) can establish the certification process themselves at the level of local regulations. In such documents, the employer can determine the goals and objectives of certification, the categories of workers in respect of which certification can be carried out, the timing and procedure for its conduct, the composition of the certification commission, the list of documents required for certification, etc.
An independent assessment of qualifications is a procedure for confirming the qualifications of an employee (applicant) with the provisions of a professional standard. The employer in accordance with labor legislation is vested with the right (and not the obligation) to send employees to an independent assessment of qualifications in order to determine whether the qualifications of the employee are in accordance with the professional standard.
Thus, the employer, if desired, can include in the certification procedure the provision on sending employees to an independent assessment of qualifications as one of the certification stages.