title: Dismissal of an employee based on the results of certification
metadata.name: dc.contributor.author
metadata.value: Grebenshikov, Anatoly V.
metadata.lang: -
metadata.name: dc.date.accessioned
metadata.value: 2024-03-19T13:10:56Z
metadata.lang: -
metadata.name: dc.date.available
metadata.value: 2024-03-19T13:10:56Z
metadata.lang: -
metadata.name: dc.date.issued
metadata.value: 2024
metadata.lang: -
metadata.name: dc.identifier.citation
metadata.value: Grebenshikov, Anatoly V. 2024. “Dismissal of an employee based on the results of certification.” Russian Journal of Labour & Law 14: 249–257. https://doi.org/10.21638/spbu32.2024.115 (In Russian)
metadata.lang: en_GB
metadata.name: dc.identifier.other
metadata.value: https://doi.org/10.21638/spbu32.2024.115
metadata.lang: -
metadata.name: dc.identifier.uri
metadata.value: http://hdl.handle.net/11701/45105
metadata.lang: -
metadata.name: dc.description.abstract
metadata.value: The essence of the employment relationship involves the expectations of the employer to receive
  labor of a certain quality and in a certain quantity from an employee. In addition, social and
  technological progress gives the employer the right to expect from the employee the appropriate
  development of skills, abilities and business abilities. As one of the means of stimulating
  employees to improve their work, the certification mechanism (periodic, etc.) is used. The legislator
  has established certain features of the legal regulation of relations between the employee
  and the employer in the event of a discrepancy between the employee and the position held by
  him or the work performed by him due to insufficient qualifications, confirmed by the results
  of certification. The article deals with the problems associated with the occurrence of a situation
  when the certification commission, created by the employer to assess the business qualities of an
  employee, comes to the conclusion that he is inconsistent with the position held by him or the
  work assigned by him due to various circumstances of an objective or subjective nature. The Labor
  Code of the Russian Federation assumes that the certification of employees should be largely
  regulated by local regulations, taking into account the requirements formulated at the industry
  and departmental levels. At the same time, there are problems in legal regulation that do not
  depend on the actions of the employer or the industry management state body. One of these is
  the problem of exercising the right of the employer to dismiss the employee in connection with
  the negative results of the certification. The author of the article draws attention to the provision
  of the Labor Code that dismissal on the grounds provided for in paragraph 3 of part 1 of Article
  81 of the Labor Code of the Russian Federation is allowed if it is impossible to transfer the employee
  with his written consent to another job available to the employer (as a vacant position or a
  job corresponding to the qualifications an employee, as well as a vacant lower position or a lower
  paid job) that an employee can perform taking into account his state of health.
metadata.lang: en_GB
metadata.name: dc.language.iso
metadata.value: ru
metadata.lang: en_GB
metadata.name: dc.publisher
metadata.value: St Petersburg State University
metadata.lang: en_GB
metadata.name: dc.relation.ispartofseries
metadata.value: Russian Journal of Labour & Law;Volume 14
metadata.lang: -
metadata.name: dc.subject
metadata.value: labor contract
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: worker
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: employer
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: termination of the employment contract
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: employee certification
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: qualification
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: labor function
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: job title
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: competence
metadata.lang: en_GB
metadata.name: dc.title
metadata.value: Dismissal of an employee based on the results of certification
metadata.lang: en_GB
metadata.name: dc.type
metadata.value: Article
metadata.lang: en_GB
resources.filename: 249-257.pdf
resources.url: https://dspace.spbu.ru/bitstream/11701/45105/1/249-257.pdf
resources.format: Adobe PDF
resources.size: 608,67 kB