Recruitment based on the results of the competition. Employment contract (relationships) when elected by competition
1. The admission of a citizen to the civil service to fill a position in the civil service or the replacement by a civil servant of another position in the civil service is carried out based on the results of a competition, unless otherwise provided by this article. The competition consists in assessing the professional level of applicants for filling a civil service position, their compliance with the established qualification requirements for filling a civil service position.
1) upon appointment to substitutes for certain period the powers of the civil service positions of the categories "leaders" and "assistants (advisers)";
2) upon appointment to civil service positions of the category "leaders", the appointment and dismissal of which are carried out by the President Russian Federation or the Government of the Russian Federation;
3) when concluding a fixed-term service contract;
(see text in previous edition)
5) upon appointment to the position of the civil service of a civil servant (citizen) included in personnel reserve in the civil service.
(see text in previous edition)
3. The competition may not be held when appointing to certain positions of the civil service, execution official duties for which it is associated with the use of information constituting a state secret, according to the list of positions approved by a regulatory act of a state body.
(see text in previous edition)
5. An applicant for a position in the civil service may be denied admission to participate in the competition due to non-compliance with the qualification requirements for vacant position civil service, as well as in connection with the restrictions established by this Federal Law for entering the civil service and its passage.
8. The composition of the competition commission includes a representative of the employer and (or) civil servants authorized by him (including from the division for public service and personnel, the legal (legal) division and the division in which the competition is held to fill a vacant position in the civil service), a representative of the relevant civil service management body, as well as representatives of scientific and educational organizations, other organizations invited by the civil service management body at the request of the representative of the employer as independent experts- specialists on issues related to the civil service, without specifying the personal data of experts. The number of independent experts must be at least one quarter of the total number of members of the tender committee.
(as amended by Federal Law No. 185-FZ of July 2, 2013)
(see text in previous edition)
8.1. To the composition of the competition commission in the federal executive body, in which, in accordance with
Labor contract(relations)
when elected by competition
One of the grounds for concluding an employment contract is the election by competition to fill the relevant position, which follows from the labor legislation of the Russian Federation.
About the cases in which it is necessary to hold a competition, as well as in what order the conclusion of an employment contract is carried out, we will tell in this article.
First of all, we note that in the general case, the conclusion of an employment contract between an employee and an employer is predetermined by the presence of their consent, provided that at the same time there are no legal obstacles to the emergence of labor relations. However, in some cases, the conclusion of an employment contract and, accordingly, the emergence of labor relations is also allowed due to other circumstances, that is, regardless of the will of the employer, including as a result of election by competition.
According to Article 18 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), labor relations arise as a result of election by competition for filling the corresponding position if labor law and other normative legal acts containing norms labor law, a list of positions to be filled by competition, and the procedure for competitive election to these positions are determined.
Thus, the current legislation provides for the conclusion of an employment contract as a result of election by competition for the following persons:
- for teaching staff related to the teaching staff, organizations that carry out educational activities for implementation educational programs higher education and additional professional programs(Article 332 of the Labor Code of the Russian Federation).
The procedure and conditions for filling the positions of teaching staff related to the teaching staff, organizations implementing educational programs of higher education and (or) additional professional education, and concluding employment contracts with them for an indefinite period or for a fixed period of not more than five years are determined by the Regulation, approved by the Order of the Ministry of Education and Science of Russia dated December 4, 2014 No. 1536 "On approval of the Regulations on the procedure for filling positions of scientific and pedagogical workers" (hereinafter - Regulation No. 1536);
- for scientists (Article 336.1 of the Labor Code of the Russian Federation).
The list of positions of scientific workers to be filled in accordance with the competition, and the procedure for conducting this competition, are determined by the federal executive body responsible for the development of state policy and legal regulation in the field of scientific and scientific and technical activities, in agreement with the federal executive body responsible for functions for the development of state policy and legal regulation in the field of labor;
- for citizens entering the state civil service to fill a civil service position (Article 22 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation").
The procedure and conditions for holding a competition for filling a vacant position in the state civil service of the Russian Federation in a federal state body, a state body of a constituent entity of the Russian Federation or their apparatuses are determined by the Regulation approved by Decree of the President of the Russian Federation dated February 1, 2005 No. 112 "On the competition for filling a vacant state position civil service of the Russian Federation" (hereinafter - Regulation No. 112);
Also, labor relations on the basis of an employment contract as a result of being elected by competition to fill the corresponding position arise if the charter (regulation) of the organization defines a list of positions to be filled by competition and the procedure for competitive election to these positions, which is established by Article 18 of the Labor Code of the Russian Federation.
It should be said that the competition consists in assessing the professional level of applicants for the relevant position, their compliance with qualification requirements.
The employer has the right to announce a competition for vacant positions. The competition is carried out by the competition commission (management body). All information required for the competition is public.
For example, according to paragraph 7 of Regulation No. 1536, no later than two months before the end of the academic year, the head of the organization (the person authorized by him) announces the names and positions of teaching staff belonging to the teaching staff, whose employment contract or five-year term expires in the next academic year holding a competition for the position of a teaching staff member of the teaching staff (if the employment contract is concluded for an indefinite period), by posting on the official website of the organization in the information and telecommunication network "Internet" (hereinafter referred to as the website of the organization). The competition is announced by the head of the organization (a person authorized by him) in the media and on the website of the organization at least two months before the date of its holding (paragraph 8 of Regulation No. 1536).
By virtue of paragraph 6 of Regulation No. 112 on the official websites of the state body and the state information system in the field of public service in the information and telecommunications network "Internet" an announcement is posted on the acceptance of documents for participation in the competition, as well as the following information about the competition: the name of the vacant position of the civil service, the requirements for the applicant for filling this position, the conditions for the civil service, the place and time of acceptance of the documents to be submitted, the period until the expiration of which the specified documents are accepted, the expected date of the competition, the place and procedure for its holding, other information materials. The announcement of the acceptance of documents for participation in the competition and information about the competition may also be published in a periodical printed publication.
The results of the competition are documented in a protocol (decision), which is signed by all members of the competition commission (management body). With the person who won the competition for filling the relevant position, the employer concludes an employment contract (service contract, if we are talking about the civil service).
Please note that, according to Article 70 of the Labor Code of the Russian Federation, persons elected through a competition for filling the corresponding position, conducted in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms, are not subject to a test when applying for a job.
Keep in mind that, in accordance with Article 59 of the Labor Code of the Russian Federation, by agreement of the parties with persons elected by competition to fill the relevant position, for example, with a teaching staff member of the teaching staff, an organization engaged in educational activities for the implementation of educational programs of higher education and additional professional programs, a fixed-term employment contract may be concluded.
When concluding a fixed-term employment contract, it must indicate the period for which the parties have established labor relations, which cannot exceed 5 years. At the same time, it should be borne in mind that if the employment contract does not specify its validity period, then it will be considered concluded for an indefinite period.
Here is a sample of a fixed-term employment contract concluded with an employee as a result of being elected by competition.
Example
State educational organization higher education "Siberian State Academy" accepted a citizen Chernova T.N. for the position - teacher of economics and management, as a result of a competition held in accordance with the Order of the Ministry of Education and Science of Russia dated December 4, 2014 No. 1536 "On approval of the Regulations on the procedure for filling positions of scientific and pedagogical workers."
Employment contract No. 10/12
State educational organization of higher education "Siberian State Academy", hereinafter referred to as the "Academy", represented by the rector Svitov Alexei Vladimirovich, acting on the basis of the Charter of the Academy, on the one hand, and citizen Chernova Tatyana Nikolaevna, hereinafter referred to as "Worker", on the other The parties have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. The employee is accepted for the position of teacher of economics and management.
1.2. Work under this contract is the main work for the Employee.
2. General provisions
2.1. The workplace of the Employee is the Department of Economics and Management.
2.2. The working conditions at the workplace of the Employee in terms of the degree of harmfulness and (or) danger are optimal (grade 1) (according to the results of the special evaluation working conditions dated 22.08.2014)
2.3. The employee must begin to perform his labor duties from June 15, 2015.
2.4. The contract is concluded for 5 years, as with a teaching staff member of the teaching staff who entered into an employment contract as a result of a competition held in the manner established by the Order of the Ministry of Education and Science of the Russian Federation dated December 4, 2014 No. 1536.
2.5. During the performance of his labor duties, the Employee reports directly to the Dean of the Faculty of Economics and Management - Ivanov I.S.
3. Rights and obligations of an employee
3.1. The employee has the right to:
– providing him with the work stipulated by this contract;
– workplace corresponding to the conditions stipulated state standards organization and labor safety and collective agreement;
– timely and full payment wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed;
- rest, including paid annual leave, weekly days off, non-working holidays;
– obligatory social insurance in cases stipulated by federal laws of the Russian Federation;
– other rights provided for by the Charter of the Academy, the collective agreement, the Rules of Internal work schedule and the current legislation of the Russian Federation.
3.2. The employee is obliged:
- conscientiously fulfill their labor duties, defined in job description(Appendix No. 1), which is an integral part of this agreement;
– timely and accurately execute the orders of the administration of the Academy and the immediate supervisor;
– comply with the Charter of the Academy, the Rules of internal labor regulations, use all work time for productive work, comply labor discipline, requirements for labor protection and ensuring labor safety;
– take care of the property of the Academy and other employees;
- immediately inform the administration of the Academy or the immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Academy;
- not to disclose information that is an official and commercial secret for the Academy;
- by order of the Academy, go on business trips in Russia and abroad;
- by order of the immediate supervisor, replace another employee for the duration of the absence (with payment in the form of an allowance, additional payment to the salary);
- carry out the study load.
4. Rights and obligations of the Academy
4.1. The Academy has the right:
- require the Employee to fulfill the labor duties specified in the job description, respect the property of the Academy and other employees, and comply with the Internal Labor Regulations;
– encourage the Employee for conscientious efficient work;
– bring the Employee to disciplinary and financial liability in the manner prescribed by the current legislation of the Russian Federation;
- accept local regulations, exercise other rights provided for by the current legislation of the Russian Federation, local regulations.
4.2. The Academy is obliged:
- provide the Employee with the work stipulated by this agreement;
– provide the Employee with equipment, technical documentation and other means necessary for the performance of his labor duties;
- pay in full the wages due to the Employee within the time limits established by the Internal Labor Regulations;
– carry out compulsory social insurance of the Employee in the manner prescribed by the federal laws of the Russian Federation;
- perform other duties established by the current legislation of the Russian Federation.
5. Mode of work and rest
5.1. The time of the beginning and end of the working day, a break for rest and meals are determined by the Internal Labor Regulations.
5.2. The employee is set a 36-hour work week with one day off;
5.3. An employee is granted annual paid leave of 56 calendar days.
6. Terms of remuneration of the Employee
6.1. The employee is given:
– official salary in the amount of 15,000 (fifteen thousand) rubles per month;
- allowance, additional payment to the official salary (rate) for the scientific degree of a candidate of sciences in the amount of 15%.
6.2. Other additional payments and salary increments may be established for the employee, bonuses and other types of material remuneration may be paid in the manner and on the conditions provided for by the Regulations on Remuneration.
6.3. Salary is paid to the Employee twice a month (on the 20th of the current month - advance payment and on the 5th of the month following the worked month - the final payment for the worked month) by transfer Money to the employee's bank account.
6.4. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
7. Modification and termination of the contract
7.1. This Agreement may be amended and supplemented at any time by mutual agreement of the Parties, executed in writing.
7.2. If the Employee does not start work within the period specified in paragraph 2.3, this employment contract is canceled.
7.3. The Agreement may be terminated or terminated in the manner and on the grounds provided for by Labor Code RF.
8. Other terms of the employment contract
8.1. Disciplinary, material, civil and criminal liability of the Academy and the Employee is determined in accordance with the current legislation of the Russian Federation.
8.2. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the current legislation of the Russian Federation.
8.3. Disputes between the Parties arising from the performance of an employment contract are considered in the manner prescribed by applicable law.
8.4. In all other respects that are not provided for by this employment contract, the Parties are guided by the labor legislation of the Russian Federation and other acts containing labor law norms.
8.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Academy, the other by the Employee.
9. Signatures of the parties
Rector of the Academy A.V. Suites
Worker T.N. Chernova
"I received a copy of the employment contract and Appendix No. 1"
One of effective forms rational selection and use of qualified workers is the selection by competition to fill certain positions, sometimes referred to as "competitive selection" of workers, or simply "competition". Election by competition to the relevant positions can provide a significant improvement in the activities of the organization (employer), increase competitiveness, as well as rational use and the growth of business skills of employees, their responsibility for the quality and timely performance of the labor function. What are the requirements of the law for hiring on a competitive basis, what are the features when hiring a manager on a competitive basis commercial organization?
The competition is a special procedure for selecting one of the selection participants for a specific 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 a competition. In accordance with this decision, the head of the organization concludes an employment contract with the applicant elected to the position by competition.
Election by competition is not only the basis for verification and evaluation by a collegial body (academic council, special commission) business qualities workers in order to identify the most qualified of them. At the same time, the employment contract, as a result of being elected by competition and in conjunction with the competition, acts legal form implementation by citizens (individuals) of 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 labor relation and is the basis of its occurrence, as well as change 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 by competition for filling the corresponding position. As a result of each of these acts and the concluded labor contract, which, as it were, "closes" these acts committed before it, in these cases, labor relations arise.
At the same time, the employment contract is not a single legal act - the basis for the emergence of labor relations, but in conjunction with other acts constitutes the so-called "legal (actual) composition" - the basis that gives rise to labor relations, which has been consolidated in a number of articles (Article 16 -19 of the Labor Code of the Russian Federation) and in the title of Ch. 2 and Art. 16 "Bases 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 a competition are held, or other acts specified in the Labor Code of the Russian Federation are 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 by 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 (management act) 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, the system of higher educational institutions began to fill positions by competition. Then the competition became widespread in some other areas of labor application, but in the modern period, competition issues require their own further development which is reflected in the current labor legislation. In contrast to the previously effective Labor Code of the Russian Federation, in the Labor Code of the Russian Federation (Article 18), the possibility for election by competition to fill the 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 the charter (regulations) of the organization, labor relations arise on the basis of an employment contract as a result of: |
relevant positions arise if a law, other regulatory legal act or charter (regulation) of the organization defines a list of positions to be filled by competition, and the procedure for competitive election to these positions. From this article of the Labor Code of the Russian Federation it follows that the 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 the 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.
And finally, it is necessary to determine the procedure for competitive election to these positions.
In the Russian legislation regulating labor relations, various regulatory legal acts on the procedure for holding a competition for certain positions in various industries and fields of activity are still in force.
In some cases, this is a law, in accordance with which the Regulations on election by competition are adopted, in others, a decree of the Government of the Russian Federation and the corresponding regulation adopted on its basis.
For the election by competition for the positions of certain categories of workers or specialists or managers, no exemplary provisions, which 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 Federal Law No. 125-FZ of August 22, 1996 “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 higher educational institution of the Russian Federation (hereinafter referred to as the Regulations of November 26, 2002). This Regulation establishes: the conclusion of an employment contract with professors, associate professors, senior lecturers, lecturers and assistants, as well as scientists universities are preceded by competitive selection; the holding of this competitive selection is determined by the Regulations of 26.11.02.
Thus, the competitive selection is announced by the rector (vice rector, head of the branch) of the university in the periodical press or in other mass media at least two months before it is held. The deadline for submitting an application for participation 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 held at the academic council of the university (academic council of the faculty, branch). The decision on the competitive selection is made by the members of the Academic Council by secret ballot. The applicant who received the largest number of votes of the members of the Academic Council, but not less than half plus one vote of those who took part in the voting with a quorum of 2/3 of the list of the Academic Council, is considered to have successfully passed the competitive selection.
Prior to the election of a candidate for a teaching position by competition at a meeting of the academic council, the department makes recommendations on each candidate and brings to the attention of the academic council of the university (faculty, branch) at its meeting (before the secret ballot). The department has the right to offer applicants to read trial lectures or conduct other training sessions and, based on their results, accept recommendations.
In case of competitive selection at the university, the employment contract completes all other legal acts this composition according to Art. 332 of the Labor Code of the Russian Federation, paragraph 2 of Art. 20 of the Law on Higher Education. With a person elected by the academic council of the university (faculty, branch), the head (rector, dean) on behalf of the university (faculty) concludes an employment contract, provided that an appropriate management act (order) was previously issued by decision of the council on the competitive election of a person for the respective position.
An employment order 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 that are characteristic of different branches of law and are performed in the following sequence:
1) a competition that ends with the decision of the relevant body (academic council), i.e. the act of election;
2) the order of the head by the decision of the academic council (collective body), i.e. the act of management;
3) an employment contract concluded with a person elected by competition, stipulating labor function employee, the date of commencement of work, the amount of remuneration, and more, i.e. a bilateral legal act (agreement).
Appointment on a competitive basis of the head of the organization
The Labor Code of the Russian Federation (part 2 of article 275) provides that the conclusion of an employment contract with the heads of the organization, regardless of the organizational and legal forms and forms of ownership (with the exception of cases established in part 2 of article 273 of the Labor Code of the Russian Federation), may be preceded by the relevant 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, and more.
On a competitive basis, the appointment to the position of heads of unitary enterprises is carried out in accordance with the Regulations on holding a competition for filling the position of head of the federal state unitary enterprise, approved Decree of the Government of the Russian Federation of March 16, 2000 No. 234 “On the Procedure for Concluding Employment Contracts and Certification of Federal Heads (hereinafter referred to as the Regulation of March 16, 00).
In connection with the entry into force of the Labor Code of the Russian Federation and in pursuance of Decree of the Government of the Russian Federation dated 04.10.02 No. 738, the Ministry of Economic Development of Russia, by order dated 02.03.05 No. 49, approved an Exemplary Employment Contract with the head of a federal state unitary enterprise.
In accordance with the Regulations of March 16, 00, the procedure for holding a competition for filling this position is determined: formation of a special commission and its composition, terms and procedure for its operation; publication of an information message on the competition (no later than 30 days before the date of the competition announced in it) indicating the requirements for the applicant for filling the position of the head of the enterprise, the 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 copies of work book and documents on education of the state sample, other documents provided for by the information message, as well as proposals for the program of the enterprise.
To participate in the competition are allowed individuals having higher education, work experience in the field of enterprise activity, work experience in leadership position, as a rule, not less than a year and meeting the requirements for the candidacy of the head of the organization.
The federal executive body concludes an employment contract with the winner of the competition no later than one month from the date of determining this winner, submitting an employment contract for approval to the Ministry of Property of Russia, the term 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 ( CEO, director, etc.) can be carried out if the constituent documents of this organization establish a competition for the election of its head (part 2 of article 275 of the Labor Code of the Russian Federation) and the procedure for holding this competition is established.
Thus, for the head of a commercial organization, the basis for the emergence of an employment relationship may be a complex legal composition, which includes the following acts:
1) competition and selection by the commission of the best of its participants to fill the position of the head of the organization;
2) conclusion of an employment contract with a person selected as a result of a competition.
At the same time, such an act as the approval by the employer of the election of a person by competition to the position of head of the organization can also be included in a complex legal composition.
Election by competition and election to a position: main differences
Attention should be paid to one of the significant differences between the election by competition to fill the relevant position and the election (election) to the position. The competition is self-nominated. According to its announcement, everyone can submit to fill a competitive position Required documents to participate in the competition. In the same time elections (election) to the position are carried out on the basis of nomination by other persons or collectives, groups of people a certain person for an elective office.
The competition is also distinguished by other features: open public nature - the announcement of the competition is addressed to an indefinite circle of persons and is associated with self-nomination of a person to participate in the competition; election by competition collegiate bodies(council, commission); as a result of election by competition - according to 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; an employment relationship arises on the basis of an employment contract as a result of election by 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 the charter (regulations) of the organization;
b) a list of positions to be filled by competition has been determined;
c) the procedure for competitive election to these positions has been established;
d) the competition is of a periodic nature, and the relevant positions occupied during the election by competition, after a certain time (at least once every 5 years) are submitted through the indicated announcements to the competition, but this does not exclude the possibility of vacant (unemployed ) positions.
The Regulation on the procedure for competitive election to fill the relevant positions, which is 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 in as a result of the election by competition, the conclusion of an employment contract between the employer (organization) and the employee elected by competition. This Regulation necessarily defines a list of relevant positions for which a competition is announced: for example, the head of an organization, heads of structural divisions, specialists of a particular profile and other categories of employees, as well as the requirements for applicants for filling a competitive position (education, work experience by 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 the specialty has not been established due to the lack of a work book or does not correspond qualification requirements for filling the relevant position, or documents are 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, determining its composition, terms and procedure for action and making a decision (type of voting: secret or open, the procedure for counting votes), familiarization with the voting result, the presence of a quorum (at least 2/3 of the commission's payroll); A participant in the competition for whom more than half of the present members of the commission voted is recognized as elected to the position.
The announcement contains the details of the organization (employer), the date and time of the beginning and end of accepting applications and documents, as well as the competition, the requirements for the applicant for the competitive position, the list of documents submitted by the participants in the competition.
In some cases, when selecting applicants for a vacant position, the employer may hold a competition in order to identify the most worthy of the applicants. For pedagogical workers belonging to the teaching staff, state and municipal employees, the procedure for holding the competition is regulated by law. In other cases, the employer independently establishes the procedure for holding the competition. In addition, the organization must approve a list of positions to be filled by competition.
Regulations governing the holding of competitions
At the legislative level, the procedure for holding competitions is regulated for:
- Teaching staff related to the teaching staff - Order of the Ministry of Education and Science of Russia dated July 23, 2015 N 749 "On approval of the Regulations on the procedure for filling positions of teaching staff related to the teaching staff."
- State civil servants - Decree of the President of the Russian Federation of 01.02.2005 N 112 "On the competition for filling a vacant position in the state civil service of the Russian Federation", Art. 22 of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation".
In addition, in some government bodies developed their own methods of conducting the competition:
- The Ministry of Culture - Order of the Ministry of Culture of Russia dated May 23, 2016 N 1134 "On approval of the procedure and terms of work of the competition commission for holding a competition for filling a vacant position of the state civil service of the Russian Federation in the Ministry of Culture of the Russian Federation and the Methodology for holding a competition for filling a vacant position of the state civil service of the Russian Federation Federation in the Ministry of Culture of the Russian Federation”;
- In the Ministry of Finance - Order of the Ministry of Finance of Russia dated April 21, 2011 N 49n "On approval of the Procedure and terms of work of the competition commission for holding a competition for filling vacancies in the civil service in the Ministry of Finance of the Russian Federation and the Methodology for conducting a competition for filling vacancies in the civil service in the Ministry of Finance Russian Federation";
- AT Federal Service bailiffs - Order of the Federal Bailiff Service of Russia dated March 29, 2007 N 107 "On approval of the Methodology for holding a competition for filling a vacant position in the state civil service in the Federal Bailiff Service";
- In the Ministry of Telecom and Mass Communications - Order of the Ministry of Telecom and Mass Communications of Russia dated March 22, 2016 N 116 "On approval of the procedure and terms of work of the competition commission for holding a competition for filling a vacant position of the state civil service of the Russian Federation in the Ministry of Communications and Mass Media of the Russian Federation and the methodology for holding a competition for filling a vacant position of a public Civil Service of the Russian Federation in the Ministry of Telecom and Mass Communications of the Russian Federation.
- Municipal employees - Art. 17 of the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation". The procedure for holding a competition for filling a position in a municipal service is established by a municipal legal act adopted by the representative body of the municipality.
Situations in which the competition is not held
The legislation defines a number of categories of teachers and civil servants in respect of which the competition is not held (for example, for the position of dean of the faculty and head of the department).
The competition is also not held when a teacher is transferred with his consent to a similar or lower position in the same structural unit or in another structural unit.
The state civil competition is not held in the following cases:
- When concluding a fixed-term service contract;
- When appointed to civil service positions of the categories “heads” and “assistants (advisors)” substituted for a certain term of office;
- When an employee is appointed to another civil service position related to a transfer for health reasons, a reduction in positions or the abolition of a state body;
- When appointing a civil servant included in the personnel reserve in the civil service to a civil service position.
The competition may not be held for appointment to positions related to the group of junior positions in the civil service.
In addition, it is allowed not to hold a competition for appointment to certain civil service positions, the performance of duties in which implies access to information constituting a state secret. The list of such positions is approved by the state authority.
Competition procedure
In most cases, when holding competitions, approximately the same procedure for holding a competition for filling a vacant position is used.
As a rule, citizens of Russia over 18 years old, who speak the state language of the Russian Federation and meet the qualification requirements for a vacant position established by law, are allowed to participate in the competition.
For example, to fill a civil service position, you must meet the following qualification requirements:
- To the level of vocational education;
- To the direction of training, knowledge and skills that are necessary for the performance of official duties;
- to the specialty;
- To the experience of civil service or work in the specialty.
The competition includes the following steps:
1. The announcement of the competition is posted on the Internet on the website of the employment center, specialized bulletin boards, the official website of the organization and on the Internet, etc.
This announcement states:
Name, main characteristics and information about the location of the organization;
- Requirements for the applicant for the relevant position;
- Date, time of the beginning and end of the receipt of applications;
- Address of the place of receipt of applications and documents;
- List of documents submitted by applicants for participation in the competition, and requirements for their execution;
- Date, time and place of the competition, indicating the start time of the competition commission and summing up the results of the competition.
2.Formation of a special commission for the selection of applicants. The composition of the commission, the procedure and terms of its work are approved local act organizations. The chairman of the competition committee manages the activities of the committee. The meetings of the commission are recorded by the secretary.
The personnel service ensures the work of the commission, in terms of registration and acceptance of applications, etc.
3. Consideration of applications. At this stage, the documents submitted by applicants are considered. Their compliance with the requirements is checked.
Applicants who have not submitted a complete set established documents, or those who have violated the deadlines for submitting documents, are not allowed to participate in the competition.
4. Appraisal of candidates. As a rule, the professional level of applicants is assessed on the basis of the submitted documents and interviews with applicants.
For teachers, additional tests may be established (for example, conducting trial lectures).
5. Making a decision. At least 2/3 of the approved composition must be present at the meeting of the commission, otherwise it will be recognized as not competent. The decision of the commission is made by voting. The winner is the candidate who receives the maximum number of votes.
If several candidates receive an equal number of votes, the decision is made by the chairman of the commission.
Based on the results of the competition, an act (protocol) is issued on the appointment of the winner of the competition for a vacant position.
Participants of the competition are notified of the decision made by the commission in writing within 7 days from the date of its completion.
Conclusion of an employment contract
An employment contract is concluded with the winner of the competition. On the basis of which an order for employment is issued.
For state civil servants, the procedure is somewhat different. First, an act of appointment is issued, after which a service contract is concluded with the winner of the competition.
An employment contract with the winner of the competition may be concluded for a certain period, after which the position will again be considered vacant.
The list of documents required for the conclusion of an employment contract or service contract:
- For employees - in accordance with Art. 65 of the Labor Code of the Russian Federation - for all employees;
- For civil servants - in accordance with Art. 26 Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation”.
Note: appointment probationary period illegally for persons elected through a competition for a position held in accordance with the procedure established by labor legislation and other acts.
The competitive system for selecting personnel for local self-government bodies is provided for by Federal Law No. 25 “On Municipal Service in the Russian Federation”. The procedure for holding a competition for filling a position in a municipal service is established by a municipal legal act.
Competitive selection for municipal service should be based on constitutional principles that ensure the equality of rights and freedoms of citizens in exercising their right to work, choose the type of professional activity, and realize their abilities.
These principles are:
- the principle of guaranteeing by the state the equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official position, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances;
- the principle of prohibition of any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation;
- the principle of equal rights and freedoms and equal opportunities for their realization for men and women;
- the principle of the right of citizens of the Russian Federation to participate in the self-government of the municipality, both directly and through their representatives;
- the principle of equal right to freely dispose of their abilities to work, to choose the type of activity and profession.
- the principle of equal access of citizens to the municipal service "in accordance with the abilities and professional training", which means that not a single citizen has a priority right to enter the municipal service.
With regard to the practice of selection, the principles mean that uniform rules for admission 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.
The formal selection criteria include requirements for the list of documents that a citizen submits when entering the municipal service. This list includes:
- a self-filled and signed questionnaire according to the form approved by the order of the Government of the Russian Federation of May 26, 2005 No. 667-r with a photo 3 x 4 attached;
– a copy of the passport or a document replacing it (the relevant document is presented in person upon arrival at the competition);
- a copy of the work book, certified by a notary or personnel services at the place of work (service);
— copies of documents on vocational education, certified by a notary or personnel services at the place of work (service);
- conclusion medical institution on the presence (absence) of a disease that prevents entry into the state civil service of the Russian Federation and municipal service or its passage (in accordance with the form No. 001-GS / y);
- a certificate of income, property and obligations of a property nature of a citizen applying for a position in a municipal service;
- a certificate of income, property and obligations of a property nature of the spouse (spouse) and minor children of a citizen applying for a position in the municipal service;
- extracts from a single state register individual entrepreneurs and unified state register legal entities Interdistrict Inspectorate of the Federal tax service;
— statement of consent to the processing of personal data.
Documents shall be submitted to the tender committee within a certain time from the date of publication of the announcement of the tender.
COMPETITION FOR A VACANT CIVIL SERVICE POSITION
Untimely submission of documents, their submission not in full or in violation of the rules of execution are grounds for refusing to accept a citizen. In the event that circumstances are established during the audit that impede, in accordance with federal law admission of a citizen to 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 admission of the applicant to participate in the second stage of the competition or on refusal to admit 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 full package of documents within the established time limit for receiving documents;
— non-compliance 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 municipal service for entering 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 drawn up in the minutes 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 participant in the competition is assessed through testing using software and assessment of the professional level, compliance with the qualification requirements for a vacant position in the municipal service during the interview.
The decision of the commission on the recognition of 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 members of the commission. 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 minutes of the commission.
The competition is recognized by the commission as invalid in the following cases:
— if at the end of the deadline for submitting documents for participation in the competition no documents have been submitted or documents have been submitted from only one applicant;
- non-appearance of all participants in the second stage of the competition.
The tender commission decides on holding a repeated tender if, as a result of the tender, the winner of the tender was not identified or the tender 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 on 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) concludes 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 the municipal service to the position of the municipal service.
Vocational qualification selection criteria represent a set of requirements for the level of professional education, its compliance with the group and specialization of the municipal position, length of service and work experience in the specialty, 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 execution of relevant official duties.
Who is a candidate in the recruitment 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 for applicants due to the characteristics of the profession and the wishes of the employer.
The definition of the term "candidate" implies that this is a participant who is compared with other applicants, chosen, considered.
Consequently, there are usually more candidates than what they are offered (in this case, a 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 requirements of the employer to the maximum extent possible.
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 difference is only in the stage at which this or that participant is located.
Stages of job search and recruitment
1) Definition of plans and needs.
The employer is determined with a description of the position profile, search priorities, and forms the criteria for evaluating the candidate.
The applicant, in turn, is determined with his requirements for future position, wishes for the next job, evaluates their capabilities, experience, competence, competitiveness.
2) Voice your wishes and intentions.
The employer publishes in public sources his desire to hire a new employee, the applicant, in turn, specifically expresses his interest in a suitable vacancy by calling or sending a resume to the company.
Organization and holding of a competition for filling a vacant position in the municipal service
3) Resume analysis and telephone interview.
These three steps are the initial selection of applicants. At this stage, all participants who are looking for work are job seekers.
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) Collecting information about the candidate (recommendations, publicly available sources) after a preliminary interview. As a rule, if they want to know more about a candidate than he provides about himself, it means that he passed the initial selection interview successfully.
3) An interview with the immediate supervisor, in which the candidate is evaluated not as a person, but as a specialist (because all sorts of psychological tests are the work of a personnel manager, and not, for example, a shop manager).
4) Final interview with the chief executive.
The above stages, when the applicant turns into a candidate, can be reduced 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 hiring or rejecting him, only one meeting with the employer is enough, who is both the owner and the immediate supervisor and part-time HR.
AT large corporations The selection process takes longer. Only the candidate must meet with the HR manager at least twice (for a selection interview, for psychological testing or a stress interview). And the final meeting with the chief executive usually takes place after 4-5 interviews.
But each candidate decides for himself which course of development in the job search process is more acceptable for him.
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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 a permanent basis in a municipal position that is not an elective one.
The term "municipal service" ("municipal employees") came into circulation along with the development of legislation on local self-government, the development of the theory of municipal law. We can assume that this concept unites all employees engaged in the performance of various functions in local governments.
It seems that municipal employees in their legal status (its main components, the “ideology” of the service) do not differ from civil servants, since from the status-functional point of view their rights, duties, responsibilities, terms of reference, types of service, entry into the service are the same and termination of service relations, etc. In other words, the traditional elements of the status of a civil servant are also characteristic of a municipal one: the concept of an employee, rights, duties, 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 governments; they determine the specific level of competence and official status of municipal employees.
The following main features of the municipal service can be distinguished:
- This special kind public service, i.e. in local public authorities, municipality;
- filling by a municipal employee of a municipal position that is not an elective position
- this is a professional activity in local governments, for the implementation of which municipal employees receive allowance from the local budget (the budget of the municipality); municipal employees are persons serving in positions in local governments;
- this is an activity for the execution of the powers of the relevant bodies, i.e. activities that are subordinate to the municipality;
- it is an activity organized on an ongoing basis, i.e. municipal employees exercise the powers of a local self-government body as their main job for an indefinite period of time (permanently); elective officials, on the contrary, are valid for a certain 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 the irremovability of officials in European countries.
Federal Law "On general principles organizations of local self-government in the Russian Federation” establishes that legal regulation municipal service, including the requirements for municipal positions in the municipal service, the determination of the status of a municipal employee, the conditions and procedure for performing municipal service, is carried out by federal law, as well as the laws of the constituent entities of the Russian Federation and the charters of municipalities adopted in accordance with it.
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 the requirements for positions, the status of a municipal employee, the conditions and procedure for passing the municipal service, service management, is determined by the charter of the municipality in accordance with the laws of the constituent entities of the Russian Federation and the federal law establishing legal framework municipal service of the Russian Federation.
Local self-government bodies, implementing the legislation on municipal service and adopting relevant regulatory legal acts in this area, should 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 defines the subjects of jurisdiction of the municipality in the field of municipal service.
municipal position- this is a position provided for by the charter of the municipality in accordance with the law of the 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 governments formed in accordance with the charter of the municipality, with established terms of reference for the execution and ensuring the powers of this local self-government body and responsibility for the performance of these duties.
The federal law "On the General Principles of Organization of Local Self-Government in the Russian Federation" established three groups of officials working in local self-government bodies: 1) elected officials of local self-government; 2) local government officials; 3) a member of an elected body of local self-government - an elected official of a local self-government body formed at municipal elections.
Filling a vacant position
They differ mainly in the manner in which positions are filled and the nature of the administrative powers.
In this regard, all municipal positions are divided into two groups:
1) elective municipal positions occupied 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 those substituted on the basis of decisions of a representative or other elected body of local self-government in relation to persons elected in 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 the municipal service.
Municipal positions of the municipal service include all municipal positions that are not elected. Consequently, the heads of municipalities, deputies and other elected officials of local self-government do not belong to municipal employees. Municipal employees are also not persons performing duties for technical support local authorities. Legal status persons holding elective municipal positions are not determined by the legislation on municipal service.
Municipal positions of the municipal service are established by the 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 of the municipal service and positions of the state service of the Russian Federation, taking into account qualification requirements presented to the relevant positions of the municipal and state service.
