Do they have the right to lower the rank of a worker. Is it possible to downgrade. Downgrading when changing the staffing table

Is it possible, by the decision of the qualification commission of an LLC, to lower the previously assigned tariff-qualification category to a worker in case of a decrease in output standards, a violation of technological discipline, etc.?

Answer

Failure to meet production standards is not grounds for lowering the rank.

The head of the organization, in agreement with the trade union (if any), has the right to lower the employee's qualification by one category for gross violations of technological discipline and for other serious violations that have led to a deterioration in the quality of the products manufactured by him or the work performed.

Such rules are laid down in s. General Provisions, approved by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions of January 31, 1985 No. 31 / 3-30.

Those. we are talking about violations that led to a deterioration in quality, and not about production standards.

If labor standards or official duties are not fulfilled due to the fault of the employee, the normalized part of the salary should be charged only for the work actually performed (part of article 155 of the Labor Code of the Russian Federation).

The rationale for this position is given below in the materials of "Systems Lawyer" , "Personnel Systems".

« Qualification characteristics.

What are the qualifications.

The tariff and qualification characteristics given in contain a description of the main, most common (typical) jobs by profession. Also, qualification characteristics are contained in. However, such professional standards are under development and are currently not implemented in practice. Therefore, prior to their final development, it is still necessary to apply the tariff-qualification characteristics. In addition to such qualification characteristics, the specific content, volume and procedure for performing work at each workplace are established in organizations technological maps, instructions or other documents.

Qualification categories of work are established in accordance with qualifications by their complexity (as a rule, without taking into account working conditions). The higher the qualification category, the greater the requirements for the qualifications of an employee and the more qualified (complex) his work is.

Establishment qualification categories employees occurs in accordance with the approved . The category is assigned in accordance with the requirements, depending on the qualification requirements and labor skills of a particular employee (clause, General provisions, approved). *

Grade assignment.

How to assign an employee a rank.

Assign a qualification rank to an employee (as well as increase it) taking into account the complexity of the work performed by him, available in the organization (General Provisions, Approved).

To assign a rank to employees by order of the organization, create a qualification commission.

The composition of the qualification commission includes:

chairman of the commission Chief Engineer or his deputy)
Deputy Chairman (representative of the trade union organization);
members of the commission (head of department (bureau) or engineer for industrial and technical training, head of the labor department (labor organization) and wages, engineer (specialist) for labor protection, head of the relevant structural unit, chairman of the council of foremen or member of the council of foremen (if any)).

AT small organizations where it is not possible to create their own commission for assigning categories to employees, such assignment of categories can be carried out by qualification commissions established in educational institutions corresponding profile.

In addition, to consider the issue of assigning or changing the category, the qualification commission, if necessary, has the right to involve qualified workers in this profession or specialists from other services, as well as representatives of state supervision bodies.

The procedure and rules for the work of the qualification commission may be a separate local act(for example, the Regulations on the qualification commission) or be an independent part of another document (for example, the Regulations on certification).

The initiator of the assignment of the category can be both the employee himself and his head by sending an application or petition, respectively.

The Qualification Commission assesses the theoretical knowledge of the employee through an oral or written survey (test), as well as practical skills and abilities on the example of a separate practical (trial) task performed by the employee.

The organization of verification by the qualification commission of the theoretical knowledge of employees and the delivery of a sample by them is the responsibility of the foreman, foreman, shift supervisor or other head of the relevant unit. This is stated in the General Provisions approved.

To conduct qualification examinations, the chairman of the qualification commission develops and approves exam tickets, which should contain no more than 3-4 theoretical questions. The short name and description of the practical (trial) task are submitted to the qualification commission in writing two days before the qualification exam, signed by the head of the unit and the executor of the task. The documents required for billing are submitted to the commission by the head of the relevant department.

An employee who is assigned or upgraded to a qualification rank must, in accordance with the tariff and qualification characteristics of the corresponding rank, verbally (or in writing) answer the questions from the “Must Know” section and pass a test, that is, independently perform individual work specified in the “Examples of work” sections. " or "Characteristics of work" of the established category from among those available in the organization.

When taking a sample, the employee must perform established norms production, time, service while providing required quality works. If, for one reason or another, trial work cannot be performed, the site foreman gives an assessment of the level of practical training of the employee.

If the work chosen as a test for assigning or upgrading an employee to a qualification rank requires the participation of other employees under his leadership, then the team (link) necessary for this at the time of the test is organized by the head of the relevant unit (General Provisions Approved).

Hold meetings of the Qualification Commission as needed. Such a meeting is considered competent if at least two thirds of its members are present. The meeting of the commission is chaired by its chairman, and in his absence - by the deputy chairman.

Based on the results of the examinations and passing the test, the commission decides by voting whether to assign or not to assign a new category.

The decision to evaluate the performance of an employee and the recommendations of the commission are made by open voting by a simple majority of votes of the members of the commission present at the meeting. In case of equality of votes of the members of the commission, the decision is made in favor of the employee being examined.

Based on the results of the exam, the qualification commission draws up for each examinee:

examination sheet;
conclusion on qualification (trial) work;
conclusion about the level of qualification achieved by the employee.

The conclusion of the qualification commission is drawn up in a protocol.

The protocol is drawn up in one copy, in which an assessment is made and a recommendation is given on the assignment or non-assignment of a rank to an employee. This protocol is signed by the chairman and members of the qualification commission who took part in the voting.

On the basis of the protocol, the administration of the organization, in agreement with the relevant trade union committee, approves the employee in accordance with the Unified Tariff and Qualification Guide in the profession and assigns him a qualification category. There is no unified form of the order, so issue it in any form. Enter the rank assigned to the worker and the name of the profession for the main job in his work book.

Such a procedure is provided for in the General Provisions approved.

Attention: the assignment of qualification categories to employees who, along with the main work in the profession, are also assigned to perform the functions of leading a team, should be carried out on a general basis. The appointment of an employee as a foreman cannot serve as a basis for increasing his rank. This is stated in the General Provisions approved.

Level increase.

Which employees are eligible for a promotion.

First of all, employees who perform high-quality work and established labor standards of a higher category for at least three months and conscientiously relate to their labor duties (of the General Provisions, approved) have the right to increase their rank.

Promotion occurs in the same order as the assignment.

It should be remembered that employees who have successfully completed a full course of theoretical and industrial training on relevant curricula, on general rule are allowed to qualifying examinations without preliminary verification of theoretical knowledge and passing a sample.

At the same time, in some cases, determined by the employer in agreement with the trade union, the assignment of higher qualification categories (skill groups) to workers who, according to the level of qualification, require secondary specialized education, the highest categories (skill groups) is also possible for employees who do not have secondary specialized education, but who have required level of knowledge and high professional skills.

ola la wrote:
But our employee did not violate anything, he did not confirm his knowledge and qualifications. Who else has an opinion?

Scroll: art. 42 TC

Article 42. Termination of an employment contract at the initiative of the employer

An employment contract concluded on certain period, as well as a fixed-term employment contract before its expiration may be terminated by the employer in the following cases:

1) liquidation of an organization, termination of activities of an individual entrepreneur, reduction in the number or staff of employees;

2) inconsistency of the employee with the position held or the work performed due to a state of health that prevents the continuation of this work;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications that prevent the continuation of this work;
....

Scroll: DECISION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS March 29, 2001 No. 2 ON SOME ISSUES IN THE APPLICATION OF LABOR LEGISLATION BY THE COURTS

30. Considering claims for reinstatement
persons dismissed under clause 3 of article 42 of the Labor Code due to the employee's non-compliance
position or work performed due to insufficient
qualifications that prevent the continuation of this work, the courts should
bear in mind that termination of an employment contract on the basis of
lack of special education, if it is in accordance with
legislation is not a prerequisite for the conclusion
employment contract is unacceptable.
conclusions attestation commission about the absence of an employee
necessary business qualities are to be assessed in conjunction with other
evidence in the case. In doing so, the court must verify that
whether the employer has the relevant provisions on the procedure for conducting
certification.

Scroll: TERMINATION OF AN EMPLOYMENT AGREEMENT (CONTRACT) UNDER PARAGRAPH 3 OF ARTICLE 42 OF THE LABOR CODE OF THE REPUBLIC OF BELARUS AND EMPLOYEE CERTIFICATION

The dismissal of an employee under paragraph 3 of Article 42 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code) is carried out in case of inconsistency of the employee with the position held or the work performed due to insufficient qualifications that prevent the continuation of this work.

Dismissal on this basis is possible if the employer complies with the procedure regulated by the current legislation, as well as if a number of conditions are met: establishing the basis for dismissal, the impossibility of transferring the employee to another job, incl. and with retraining.

The essence of establishing the grounds for dismissal is as follows: the employer must establish and record the fact that the employee is not qualified enough to occupy a certain position (perform work). These can be reports and memos, acts of writing off defective products, systematic errors in the calculations made by the employee, acts fixing the regular failure to complete tasks (orders of the immediate supervisor), etc. In addition, one of the evidence may be the results of certification, which should be considered by the employer in conjunction with other evidence (paragraph 30 of the resolution of the Plenum Supreme Court Republic of Belarus dated March 29, 2001 No. 2 “On some issues of application of labor legislation by courts”). When conducting an attestation of an employee, the employer must comply with the procedure for attestation established by law, otherwise its results may be declared invalid by the court and the employee may be reinstated in his previous job.

The issues of attestation are regulated by special legislation (Instruction on special attestation for compliance with the qualification requirements for an anti-crisis manager in case of bankruptcy of a bank and a non-bank financial institution, approved by Resolution of the Board of the National Bank of the Republic of Belarus dated February 27, 2007 No. 58; Instruction on the procedure for attestation of employees of bodies and subdivisions for emergency situations of the Republic of Belarus, approved by the Decree of the Ministry of Emergency Situations of the Republic of Belarus of July 11, 2006 No. 29; Instruction on the procedure for attestation of lawyers, approved by the Ministry of Justice of the Republic of Belarus on June 27, 2006 No. 32, etc.), and the general act - the Model Regulation on the certification of managers and specialists of enterprises, institutions and organizations, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated October 31, 1996 No. 84 (hereinafter referred to as the Model Regulation).

The decision to conduct certification, the list of employees subject to certification, and the frequency of its implementation are determined by the employer. However, it should be borne in mind that clause 4 of the Model Regulation establishes a list of employees who are exempt from attestation - these are persons who have worked in this position or in this profession for less than 1 year; graduates of full-time educational institutions during the first year of work after graduation; pregnant women; employees who are on long-term treatment; women who were on leave to care for a child under 3 years of age, during the first year after they went to work.

First of all, the employer must comply with the organizational requirements for certification (training requirements). Organizational work on preparation for certification is carried out personnel service employer with the participation of heads of structural units, representatives of employees and includes the following steps:

1) issuance of an order for certification;

2) compilation of lists of employees subject to certification, and employees temporarily exempted from it;

3) determination of the composition of the attestation commission;

4) scheduling the certification;

5) drawing up characteristics for attested workers;

6) preparation of forms for attestation sheets, minutes of meetings of attestation commissions;

7) carrying out explanatory work on the purposes and procedure for certification.

The certification order approves the terms and schedule for the certification, the list of those who are certified, the list necessary materials on certified and the order of their presentation, the chairman, secretary and members of the certification commission are appointed. The order is brought to the attention of employees at least one month before the start of certification (i.e., all documents referred to in the order must be drawn up in such a way as to comply with this monthly period).

Standard provision approved approximate form such an order.

The certification order can be drawn up in the following form:

Limited Liability Company
"Optimal Light Plus"

ORDER
19.05.2008 № 51
Minsk

About certification
managers and specialists

In order to improve the selection, placement and training of personnel, improve their business skills, quality and efficiency of work
I ORDER:

1. Conduct certification of managers and specialists in the period from June 23, 2008 to June 30, 2008.

2. Lists of employees subject to certification, approve.

3. To conduct attestation, create an attestation commission. Attestation commission for attestation of heads of departments, consisting of: chairman - Ivanov P.I. , secretary - Petrenko V.A. , members of the commission - Sidorkin N.I., Buldakov V.A., Ponamorev I.I.

4. To the deputy heads, Filipovich A.N. and Laskin I.V. prepare characteristics for the employees subject to certification and submit them to the certification commission no later than two weeks before the start of certification.

5. To approve the schedules of the meetings of the attestation commissions.

6. The Certification Commission to carry out explanatory work on the purposes and procedure for certification.

7. The personnel department should provide methodological preparation for certification, instructing the heads of structural divisions on approaches to assessing and compiling certification characteristics for employees.

8. Not later than a week after the completion of the certification, the chairman of the certification commission, the personnel department, submit the materials of the certification of employees for decision-making by the director.

9. To impose control over the execution of this order on the personnel manager Toporkov P.P.

Director A.L. Kudryavtsev

For each attested employee, an official attestation characteristic is compiled, containing a complete and objective assessment of the professional, business and personal qualities of the attested employee, the performance of official duties, and the results of his practical activities(a sample of this document is also approved by the Model Provision). The document is signed by the immediate supervisor of the certified employee and together with job description submitted to the commission no later than 2 weeks before the start of certification. The attested employee must be familiar with the characteristic at least a week before the start of the attestation (this can be confirmed by the signature of the employee on the characteristic itself).

The attestation commission is appointed from among the executives of the employer and its structural divisions, highly qualified specialists, representatives of employees.

The certification commission holds its meetings in accordance with the schedule approved by the order of the employer. At the meeting of the commission, a protocol is kept, which is signed by the chairman and secretary of the attestation commission.

The attestation commission considers the submitted materials; hears the immediate supervisor of the certified employee and the employee himself, asks them questions; conducts testing, if necessary, incl. and using computers.

Certification is carried out, as a rule, with the participation of the certified employee and his immediate supervisor. In the event that an employee fails to appear at a meeting of the commission without good reason, certification is carried out in his absence. Employees who did not arrive at the meeting of the commission for good reasons are certified on other days provided for by the approved schedule.

Attestation and voting are carried out with the participation of at least 2/3 of the number of members of the attestation commission at the meeting. The decision is made by a majority vote by open or secret ballot (this is decided by the attestation commission). In case of equality of votes, a decision is made in favor of the certified employee.

Based on the results of certification, a certification sheet is drawn up, which must contain the following information: certified employee, year of birth, specialty, education, length of service in the specialty, length of service in the employer's organization, position held, date of appointment to the position, information on advanced training, questions to the certified employee and the employee's answers to them, comments and suggestions made by members attestation commission, comments and suggestions made by the attested employee, assessment of the employee's performance based on the results of voting (number of "for" and "against"), recommendations of the attestation commission.

The attestation sheet is signed by the chairman, secretary and members of the attestation commission. Certified workers must be familiarized with the certification sheet against signature.

The attestation commission in relation to the attested employee may take one of the following decisions:

Corresponds to the position held;

Corresponds to the position held, subject to improvement of work and implementation of the recommendations of the commission, with re-certification in a year;

Doesn't fit the position.

The attestation commission can make recommendations on promotion to a higher position, on promotion qualification category, on the transfer of the person being certified to other units, taking into account his professional inclinations, level and profile of special training, business and personal qualities; on salary increases; on the need for advanced training, retraining of employees, etc.

Certification materials within a week after its completion are transferred to the employer, who must make a decision within a month by issuing it with an order. The order indicates employees who have been promoted, encouraged, as well as employees who have been assessed by the attestation commission as “does not correspond to their position”, “corresponds to their position, subject to improvement of work and implementation of the recommendations of the commission, with re-certification in a year”.

Based on the assessment of the attestation commission on the inconsistency of the position held, the employer has the right to leave the employee in the previous position, transfer with his consent to another job, and if the transfer is not possible, dismissal is allowed under clause 3 of article 42 of the Labor Code.

At the same time, the dismissal of an employee on the above grounds is allowed only if the employee refuses to be transferred to another job (including with retraining (part one of Article 43 of the Labor Code)), and also if the employer does not have the opportunity to transfer such employee for another job. At the same time, the employee can be offered both work in his specialty (profession, position), and other vacant positions available to the employer. The consent or disagreement of the employee is preferably fixed in writing.

If, nevertheless, a decision is made to dismiss the employee under paragraph 3 of Article 42 of the Labor Code, the employer is obliged to notify the trade union of the upcoming dismissal of the employee (2 weeks before the date of the planned dismissal (Article 46 of the Labor Code)); issue a dismissal order and familiarize the employee with it against signature; on the day of dismissal of the employee (the last day of work), make the final settlement with the employee and issue him a work book. When an employee is dismissed on this basis, the latter is paid a severance pay in the amount of at least 2 weeks of average earnings (part two of article 48 of the Labor Code).

Elena Gritchenok, lawyer

Edited by moderator according to forum rules (

Question: Is it possible, by decision of the qualification commission of an institution, to lower the tariff and qualification category of a worker for violating technological discipline?

Answer: According to Part 3 of Art. 143 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the tariffing of work and the assignment of tariff categories to employees are carried out taking into account tariff and qualification reference books containing a qualification characteristic various kinds jobs depending on their complexity, indicating which category this or that job corresponds to, as well as the requirements that apply to the knowledge and skills of the employee.

Sign in

According to clause 17 of the General Provisions of the Uniform Tariff qualification handbook of works and professions of workers approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated 30.03.2004 No. 34, the head of the organization has the right to lower the qualification of the worker by 1 category for up to 3 months for a gross violation of technological discipline and for other serious violations that led to a deterioration in the quality of the products manufactured by him or work performed.

So, an employee, after 3 months after lowering the rank in the generally established manner, must pass exams in the qualification commission for raising the rank.

Gymnasium Pushchino, Pushchino City District, Moscow Region

1. The legal grounds for issuing the Regulations on the procedure for establishing a qualification category (class, category) for employees of the administrative and support staff of the MBOU Pushchino gymnasium (hereinafter referred to as the Regulations) are the current Labor Code Russian Federation, and Decree of the Ministry of Labor of the Russian Federation of February 9, 2004 N 9 “On Approval of the Procedure for Applying the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees” and Decree of the Government of the Russian Federation of October 31, 2002

How to determine the category of a worker

If a person first gets a job and has a document on education, then tariff category assign it on the basis of this document. The category indicated in the document on education has already been confirmed by the state qualification commission educational institution in accordance with the level of theoretical and vocational training worker and the results of qualifying exams.

If you need to determine the category of a worker without a document of education, but having work experience in this profession, then in this case, see the entry in work book employee from a previous job.

How to downgrade an employee

The heads of organizations, in agreement with the trade unions, have the right to lower the qualification of a worker by one category for gross violations of technological discipline and for other serious violations that have led to a deterioration in the quality of manufactured products or work performed. For example, drivers may be lowered (or not assigned) a class if over the past three years of work (two years for assigning second-class tram and trolleybus drivers) they violated the rules traffic resulting in traffic accidents or the loss of a driver's license.

Discharge recovery is carried out in general order established for the assignment and increase of the category, but not earlier than three months after its reduction.

Association of Trade Unions of Russia

Dear Oksana! The category is assigned to the employee on the basis of his certification. It is possible to change the categories of employees in order to bring them in line with the new staffing table only during the appraisal of employees. The procedure for attestation for certain categories of employees (for example, for teaching staff) installed labor law. If such rules have not been developed for any category of employees, then the employer himself can establish them.

Pishikina Nadezhda

Locksmith processing of parts and assemblies according to 7-10 qualifications. I have 2 questions about wages and pensions. Remember, with a diameter of more than 30 cm, then jadeite is presented in a wide range, it comes to life again and some other increase pleases the eye. Usually used to display foods and drinks at home, or to have a certain relief pattern. My husband works as a fastener of the 3rd category, in the documents there are 4th category, how to correctly write an application for assigning him 4th category.

Demote an employee

The worker showed poor performance. However, he has been working for a long time and doing well. Should I break up with him immediately? Maybe give him a second chance, but at a lower position?

Situations related to the transfer of an employee to a lower position always raise many questions from employers. From the article you will learn when such a transfer can be made, what documents will need to be issued and how to reflect payments guaranteed to certain categories of personnel in tax accounting.

Recall that on the basis of Article 72.1 of the Labor Code of the Russian Federation, a transfer to another job is a permanent or temporary change labor function employee and (or) the structural unit in which he works (if the structural unit was indicated in employment contract), as well as transfer to work in another area together with the employer. In turn, the labor function is work according to the position according to the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee (Article 15 of the Labor Code of the Russian Federation).

With a demotion, the job function changes. This is accompanied by a number of amendments to the essential terms of the employment contract. But first things first.

When can you be demoted?

The demotion may be permanent or temporary. The initiator of the transfer can be both the employer and the employee. However, it is rare to find employees who ask for a lower position. After all, this, as a rule, entails receiving lower wages.

Please note: transfer to a lower position is allowed only with the written consent of the employee. An exception is cases related to emergency circumstances listed in Part 2 of Article 72.2 of the Labor Code of the Russian Federation.

If the employee does not agree, the employer must have a reason for demotion. Labor law allows you to do this in several situations:

- by written agreement of the parties (part 1 of article 72.2 of the Labor Code of the Russian Federation). The purpose of such a transfer is often to replace a temporarily absent employee;

- due to downtime (part 3 of article 72.2 of the Labor Code of the Russian Federation);

- due to the employee's refusal to work in the new conditions (Article 74 of the Labor Code of the Russian Federation);

- in connection with the suspension of the special right of the employee (Article 76, clause 9, part 1 and part 2, article 83 of the Labor Code of the Russian Federation). These rights include a work permit for a foreign citizen, driver's license driver, the right to bear arms by an employee of a private security company, etc.;

- due to a reduction in the number or staff of employees (clause 2, part 1 and part 3, article 81 of the Labor Code of the Russian Federation);

- according to the results of the certification (clause 3, part 1 and part 3, article 81 of the Labor Code of the Russian Federation). In this case, transfer to a lower position is an alternative to dismissal for lack of proper qualifications;

- according to a medical report (Article 73 of the Labor Code of the Russian Federation);

- to eliminate the impact of adverse production factors for a pregnant woman (part 1 of article 254 of the Labor Code of the Russian Federation);

- due to the impossibility of performing previous labor functions by a woman with children under the age of one and a half years (part 4 of article 254 of the Labor Code of the Russian Federation);

- due to the expiration of the woman's employment contract during her pregnancy, if this contract was concluded for the duration of the performance of the duties of an absent employee (part 3 of article 261 of the Labor Code of the Russian Federation);

- in connection with the termination of the employment contract due to violation of the rules for its conclusion (Article 84 of the Labor Code of the Russian Federation).

Note: some individual entrepreneurs transfer employees to lower positions for committing a disciplinary offense. However, their actions are illegal. Article 192 of the Labor Code of the Russian Federation contains a closed list of types of disciplinary sanctions: remark, reprimand and dismissal. As you can see, demotion of an employee is not included in this list.

Note.The position of an employee who is on parental leave until he reaches three years of age is not vacant (part 4 of article 256 of the Labor Code of the Russian Federation). For the duration of such a vacation, the employment contract with her continues to operate. Thus, the entrepreneur is not obliged to offer this position to the employee for transfer based on the results of certification. A similar conclusion is contained in the Ruling of the St. Petersburg City Court of August 30, 2010 N 33-11908.

Documentation of the translation

Any change in the essential terms of the employment contract at the will of both parties must be documented. The diagram (p. 20) shows the workflow when employees are demoted.

Document flow when transferring an employee to a lower position

Transfer Application. As we noted above, sometimes a transfer to a lower position is carried out at the initiative of the employee (in particular, for family reasons). In such a case, a statement in any form will be required from him. His example is shown on the right.

Translation proposal. If the transfer initiative comes from an individual entrepreneur, he must obtain the consent of the employee for the transfer. To do this, the employee is sent a corresponding proposal, drawn up in any form.

This document justifies the need for his transfer to a lower position, indicates a list of all available positions that an employee can take in accordance with his qualifications. The document also provides information on official salaries corresponding to vacant positions.

If an employee is temporarily or permanently transferred to a lower position on the basis of a medical report, the transfer proposal must indicate the number and date of such a report.

The consent of the employee to the demotion is also made in writing. To do this, a special column can be provided in the proposal for transfer to another job.

In addition, the employee can apply to the individual entrepreneur and inform him of his decision. Note that the term for withdrawing an employee's application for transfer to another job is not established by labor legislation. That is, before signing an additional agreement to the employment contract, the employee has the right to apply to an individual entrepreneur with a statement indicating a refusal to be transferred to a lower position.

Supplementary agreement. If the employee does not object to the transfer to a lower position, an additional agreement is concluded with him to the employment contract. It indicates all the conditions for the transfer: the new labor function of the employee, the structural unit in which he will work, the terms of remuneration and the term of the transfer.

When an employee is temporarily transferred to another job, the terms of the employment contract change for a certain period. The duration of a temporary transfer to a lower position is established by agreement of the parties. For example, if an individual entrepreneur temporarily demotes an employee due to the deprivation of a special right, the document must reflect the exact date the employee returned to his previous place of work. If it is unknown, you can make an entry: "Until the day the special rights are restored."

Please note: an employee can be temporarily transferred to another position for up to one year (part 1 of article 72.2 of the Labor Code of the Russian Federation). If the transfer was made for the period of replacement of an absent employee who retains his/her place of work, its term ends on the day the employee enters work. That is, in similar situation the period of transfer to a lower position may exceed one year.

There are cases when an employee is transferred to a lower position temporarily, but as a result, work in a new place becomes permanent for him. This is possible if, at the end of the transfer period, the employee is not provided with his previous job, but he himself does not require this and continues to work.

Note that an additional agreement to the employment contract, involving a demotion, must be signed by both the employer and the employee. If the employee refuses to sign it and does not go to work in new position, in the event of a trial, the servants of Themis will take his side (Determination of the Moscow City Court of 08/03/2010 N 33-23228).

Order. On the basis of an additional agreement to the employment contract, an order is being prepared in one of the unified forms - N T-5 or T-5a (approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1). An individual entrepreneur must be familiarized with the specified order of an employee against signature.

Marks on a personal card. The fact of transfer to a lower position by an individual entrepreneur must be reflected in the employee's personal card (form N T-2, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1). AT section III“Employment and transfers to another job” should indicate:

— date of transfer;

- structural subdivision;

- position (specialty, profession), category, class (category) of qualification;

- tariff rate (salary) and allowance;

- the basis of the translation.

Please note: with each entry made on the basis of an order to transfer to another job, an individual entrepreneur is obliged to familiarize the employee against signature.

Sample Fill personal card

Entries in the work book. Information about transfers to another permanent job must be entered in the work book. This is discussed in article 66 of the Labor Code of the Russian Federation and clause 4 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them (approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225). In this case, the temporary transfer is not reflected in the work book.

An entry on the transfer to a lower position is made on the basis of an order (instruction) of an individual entrepreneur no later than a week.

Note that if the transfer of an employee to a lower position is not confirmed by the relevant documents and records, and the employee’s salary remains the same, then it will be difficult in court to prove the very fact of such a transfer (Determination of the Moscow City Court of October 18, 2010 N 4g / 8-8373 /2010).

Finally, I would like to note the following. Before an employee starts new job, the merchant needs to acquaint him with the job description against signature. Also, an individual entrepreneur may need to conclude a liability agreement with him and conduct a safety briefing.

Sample Fill work book

N	the date	Information on hiring, transfer to another permanent job, qualifications, dismissal (with reasons and a link to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
Number	Month	Year
1	2	3	4
7	26	02	2013	Transferred to position	Order
				seller,	From 06/26/2011 N 8-k
				Part 3 of Article 81 of the Labor Code
				Code of the Russian
				Federations

Salary

Labor legislation provides guarantees to employees who, due to a medical report, need to be transferred to another job (including to a lower position). So, they retain the average earnings in their previous position for a month from the date of transfer to a lower-paid job.

When transferring due to an industrial injury, occupational disease or other damage to health associated with work - until a permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code of the Russian Federation).

In addition, pregnant women, in accordance with a medical report and upon their application, are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job (part 1 of article 254 of the Labor Code of the Russian Federation).

According to part 1 of article 129 of the Labor Code of the Russian Federation, the accrued average earnings are salary worker. That is, remuneration for work, payment for which is made in accordance with a special norm.

Please note: in case of temporary transfer by agreement of the parties, payment is made by agreement between the employee and the individual entrepreneur.

If, with the consent of the employee, he is transferred to a less qualified job, the parties may agree to maintain the previous salary or to assign an additional payment to the previous salary.

Personal income tax and insurance premiums from the income of employees

The income of employees in the form of average earnings is included by an individual entrepreneur in tax base for personal income tax (subclause 6, clause 1, article 208 and clause 1, article 210 of the Tax Code of the Russian Federation).

Tax is calculated by an individual entrepreneur at a rate of 13% (clause 1, article 224 of the Tax Code of the Russian Federation).

In accordance with Article 226 of the Tax Code of the Russian Federation, an individual entrepreneur withholds the amount of personal income tax at the time of payment of income to an employee.

In addition, the amount of retained average earnings is accrued insurance premiums for compulsory pension insurance, for compulsory social insurance in case of temporary disability and in connection with motherhood, for compulsory medical insurance, for compulsory social insurance against accidents at work and occupational diseases. About this - articles 7 and 8 federal law dated 24.07.2009 N 212-FZ and Article 20.1 of the Federal Law of 24.07.98 N 125-FZ.

How to deal with personal income tax for the merchant himself

As you know, individual entrepreneurs determine the composition of expenses in the manner prescribed by Chapter 25 of the Tax Code of the Russian Federation. Based on Article 255 of the Tax Code of the Russian Federation, labor costs include any accruals to employees in cash and (or) in kind, incentive accruals and allowances, compensation accruals related to the mode of work or working conditions, bonuses and one-time incentive accruals, expenses associated with the maintenance of these employees, provided for by the norms of the legislation of the Russian Federation, labor agreements (contracts) and (or) collective agreements.

These costs include, in particular, labor costs for the execution of underpaid work in cases stipulated by the legislation of the Russian Federation. About this - paragraph 14 of part 2 of article 255 of the Tax Code of the Russian Federation.

Thus, if an employee, for medical reasons, is transferred to a lower position, the salary of which is lower than the previous one, then the entrepreneur has the right, in order to calculate the tax base for personal income tax, to take into account the costs associated with maintaining the average salary for the employee as part of labor costs for the entire period determined for the respective case.

Taxation of “simplifiers” and agricultural producers

In the closed list of expenses for which individual entrepreneurs applying the simplified tax system with an object of income minus expenses or paying the unified agricultural tax are entitled to reduce the income received, the expenses for wages, compensation, temporary disability benefits in accordance with the legislation of the Russian Federation are named (subparagraph 6 of clause 1 article 346.16 and subparagraph 6 paragraph 2 article 346.5 of the Tax Code of the Russian Federation).

In accordance with paragraph 2 of Article 346.16 and paragraph 3 of Article 346.5 of the Tax Code of the Russian Federation, individual entrepreneurs determine the composition of labor costs on the basis of Article 255 of the Tax Code of the Russian Federation.

Based on the provisions of this article, the accrued average earnings are the wages of certain categories of workers demoted.

That is, individual entrepreneurs have the right to take into account its value in expenses that reduce the tax base for single tax or ESHN. On the basis of paragraph 2 of Article 346.17 and subparagraph 2 of paragraph 5 of Article 346.5 of the Tax Code of the Russian Federation, entrepreneurs can do this after the actual payment of the average salary to the employee.

Hello. Please tell me in what cases it is possible to reduce the tariff category for a worker? If in our production there are mechanic-repairmen who have the 4th, 5th, 6th category, respectively, salaries. But we came to the conclusion that we do not need to have highly skilled workers, because. repair work related to overhaul and scheduled repairs, we involve contractors. The manager believes that we have enough repair personnel in the 4th category. Thank you.

Answer

The head of the organization, in agreement with the trade union (if any), has the right to lower the employee's qualification by one category for gross violations of technological discipline and for other serious violations that led to a deterioration in the quality of the products manufactured by him or the work performed.

You will have no questions about wage rate after reading the article at the link.

Restoration of the previous category after a reduction is possible in the general procedure (for more details, see additional materials) established for the assignment and increase in the category, but not earlier than three months after its reduction.

Such rules are established by paragraph 10 of the General Provisions approved by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions dated January 31, 1985 No. 31 / 3-30.

In this situation, the employer has the right to attest employees (for more details, see additional materials). If the certification commission comes to the conclusion that the employee is inconsistent with the position held, the head of the organization has the right to dismiss him (clause 3, part 1, article 81 of the Labor Code of the Russian Federation).

In addition, if employees are paid piecework, when they perform work at a lower qualification, their work is paid at the rates of the work performed (Article 150 of the Labor Code of the Russian Federation).

Also, if there are certain reasons related to changes in organizational or technological working conditions, it is possible to amend the employment contracts of employees at the initiative of the employer (for more details, see additional materials). In this case, any changes are allowed, with the exception of a change in the labor function. These changes may also apply to changes in the wage system: from time to piecework, and after that it is possible to rate and pay for the work of employees in accordance with Art. 150 of the Labor Code of the Russian Federation at prices corresponding to the complexity of the work.

Details in the materials of the System:

1. Answer: How to assign a rank to an employee

Qualification characteristics

The tariff and qualification characteristics given in contain a description of the main, most common (typical) jobs by profession. Also, qualification characteristics are contained in. However, such professional standards are under development and are not currently being applied in practice. Therefore, prior to their final development, it is still necessary to apply the tariff-qualification characteristics. In addition to such qualification characteristics, the specific content, volume and procedure for performing work at each workplace are established in organizations by technological maps, instructions or other documents.

Qualification ranks

The qualification category is a value that reflects the level of professional training of an employee ().

Qualification categories of work are established in accordance with qualification characteristics according to their complexity (as a rule, without taking into account working conditions). The higher the qualification category, the greater the requirements for the employee and the more qualified (complex) his work is.

The establishment of qualification categories for employees takes place in accordance with the approved ones. The category is assigned in accordance with the requirements, depending on the qualification requirements and labor skills of a particular employee (clause, General provisions, approved).

Rank Assignment

Assign a qualification rank to an employee (as well as increase it) taking into account the complexity of the work performed by him, available in the organization (General Provisions, Approved).

To assign a rank to employees by order of the organization, create a qualification commission.

The composition of the qualification commission includes:

chairman of the commission (chief engineer or his deputy);

Deputy Chairman (representative of the trade union organization);

members of the commission (head of a department (bureau) or engineer for industrial and technical training, head of the department of labor (labor organization) and wages, engineer (specialist) for labor protection, head of the relevant structural unit, chairman of the council of foremen or member of the council of foremen (if any) )).

In small organizations where it is not possible to create their own commission for assigning categories to employees, such assignment of categories can be carried out by qualification commissions created in educational institutions of the corresponding profile.

The procedure and rules for the work of the qualification commission may constitute a separate local act (for example,) or be an independent part of another document (for example, the Certification Regulations).

The initiator of the assignment of the category can be both the employee himself and his manager by sending, respectively, or.

To conduct qualification examinations, the chairman of the qualification commission develops and approves examination tickets, which should contain no more than 3-4 theoretical questions. The short name and description of the practical (trial) task are submitted to the qualification commission in writing two days before the qualification exam, signed by the head of the unit and the executor of the task. The documents required for billing are submitted to the commission by the head of the relevant department.

When taking a sample, the employee must comply with the established standards of output, time, service while ensuring the required quality of work. If, for one reason or another, trial work cannot be performed, the site foreman gives an assessment of the level of practical training of the employee.

Based on the results of the examinations and passing the test, the commission decides by voting whether to assign or not to assign a new category.

Based on the results of the exam, the qualification commission draws up for each examinee:

examination sheet;

conclusion on qualification (trial) work;

conclusion about the level of qualification achieved by the employee.

The conclusion of the qualification commission is drawn up.

On the basis of the protocol, the administration of the organization, in agreement with the relevant trade union committee, approves the employee in accordance with the Unified Tariff and Qualification Guide in the profession and assigns him a qualification category. There is no unified form of the order, so issue it in . Enter the rank assigned to the worker and the name of the profession for the main job in it.

Such a procedure is provided for in the General Provisions approved.

Attention: the assignment of qualification categories to employees who, along with the main work in the profession, are also assigned to perform the functions of leading a team, should be carried out on a general basis. The appointment of an employee as a foreman cannot serve as a basis for increasing his rank.
This is stated in the General Provisions approved.

Rank Boost

Increasing the digit occurs in the same order as .

It should be remembered that employees who have successfully completed a full course of theoretical and industrial training in the relevant training programs, as a general rule, are allowed to qualify for qualification exams without prior verification of theoretical knowledge and passing a test.

At the same time, the increase in the category must occur in accordance with the approved ones, and the employer than provided qualification requirements ETKS.

Downgrading

Restoration of the previous category after a decrease is possible in the period established for the assignment and increase of the category, but not earlier than three months after its decrease.

Nina Kovyazina,

Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

2. Answer: How to conduct employee appraisal

Types of certification

Certification can be:

mandatory;

carried out at the initiative of the employer;

initiated by the employee.

Mandatory certification

Carry out mandatory certification in respect of those employees for whom this requirement enshrined in legislation. For example, mandatory certification is introduced for:

heads of federal state unitary enterprises( , Regulations approved );

employees of any organizations whose production activities are related to the movement of trains and shunting work on the railway tracks common use ();

employees whose activities are related to ensuring the safety of navigation, flights and movement of ground Vehicle( Regulations approved );

teaching staff (Procedure, approved, Regulations, approved);

employees customs authorities( , Regulations approved );

employees working at hazardous production facilities ().

The procedure for certification

For certification you need:

Regulations on certification

The certification statement is a local document of the organization (). standard form the document is not provided for by law, therefore the Regulation on certification can be drawn up in. When developing it, you can take the approved as a basis.

As a rule, the Regulations indicate:

requirements for the qualifications of employees (for example, compliance with labor standards, compliance with labor discipline etc.). Such requirements can be set on the basis of approved ();

positions of employees whose knowledge will be tested for certification;

the procedure for conducting scheduled and extraordinary certification;

the procedure for the formation of an attestation commission;

certification procedure;

registration of the results of certification (the procedure for keeping minutes of the meeting of the certification commission, issuing an order based on the results of certification, etc.).

The regulation on certification is put into effect by order of the head of the organization. After the provision enters into force, it must be familiarized with it against the signature of all working employees and each new employee when hiring ().

Certification initiated by the employer

If certification is not mandatory, but the employer plans to conduct it, the obligation of the employee to undergo certification should be fixed in the employment contract. Labor Code The Russian Federation does not provide for any restrictions on the certification by the employer. This means that certification can be carried out in relation to any category of employees. At the same time, the employer can set such restrictions on his own, for example, exempt pregnant women from attestation.

Certification initiated by the employee

If the initiator of the certification is an employee, he submits an application.

in commercial organizations

In state and municipal institutions

The decision to conduct certification

Start any certification with a decision to conduct it. Such a decision must be made by the head of the organization or the employee in whose competence is the appointment of certification. Make a decision by order. Include information in it:

on the timing (schedule) and place of certification;

on the circle of employees subject to certification;

on the appointment of an attestation commission or on the timing of its formation (appointment or election, if the commission is elected);

if the attestation is extraordinary on the grounds for the attestation.

The order may also impose duties (for example, on the heads of departments):

on preparation of documents for certification;

on the preparation and transfer to the certification commission of information about which of the employees and when improved their qualifications, certification sheets for the previous certification, etc.

The composition of the certification commission

The composition of the commission can be anything. Usually it includes heads of departments, an employee of the personnel department. If the organization has a trade union, its representative must be a member of the commission ().

Employee Notice

Notify employees in advance of the upcoming certification. This can be done in writing, for example, through the head of the department.

Editor's tip: before certification, check whether the job responsibilities of employees are spelled out in the relevant document. As a rule, this information is indicated either in the employment contract with the employee, or in his job description.

The procedure for certification

Certification is carried out in the order prescribed in the Regulations. This may be a written test, an interview, a written exam, a practical session, etc.

Registration of certification results)

Based on the results of the certification, the commission makes a decision on the compliance or non-compliance of the employee with the position held. Reflect the reasoned decision in the certification sheet (protocol).

Familiarize employees with the results of certification under the signature. This is necessary to provide employees with the opportunity to express their opinion on the results of the certification, appeal them if they do not agree with the conclusions of the commission.

Upon completion of certification, provide all materials to the head of the organization (another authorized person). He must make the final decision on the results of certification.

Information about the results of the certification included in the employee.

An example of processing the results of employee appraisal

Five accountants were certified in the organization. For this purpose, an attestation commission was created, which included:

head of personnel department E.E. Gromova (chairman of the commission);

Chief Accountant A.S. Glebova (commission member);

chairman of the elected trade union body T.P. Mukhina (member of the commission);

Deputy Director A.S. Kondratiev (commission member);

secretary E.V. Ivanova (secretary of the commission).

Certification was carried out in the form of an interview (according to official duties accountants). V.N. Zaitseva answered all questions. The commission came to the conclusion about its suitability (meetings of the attestation commission,).

After certification, it was issued on the activities following the results of certification.