Certification of teaching staff: new rules.

The new procedure for attestation of teaching staff was put into effect on January 1, 2011.

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Under the old rules, a teacher who wanted to earn more could, at his own request, apply for the assignment of the second, first or highest category. The categories were assigned: the second - by the school leadership, the first - by the district education department, and the highest - by the ministry.

According to the new rules, the second category was completely canceled, and the certification of pedagogical workers was entrusted to educational authorities at the level of the subject of the Russian Federation. At the same time, certification became mandatory: every five years, every teacher who does not have a category, regardless of desire and length of service, must undergo certification in order to confirm compliance with the position held.

Those teachers who wish to receive the first or higher category may instead apply for certification to determine whether their professional level meets the requirements for qualification categories. Categories are assigned for 5 years, after which they must be confirmed again in the same order.

If the teacher does not confirm his category in time, it will be canceled. After that:

• a teacher of the first category will either have to submit an application for attestation for the assignment of the first category, or, in a general manner, pass an attestation to confirm compliance;
• a pedagogical worker of the highest category will first have to be certified for the first category, and only two years later he will be entitled to apply for the highest.

At the same time, qualification categories assigned before January 1, 2011 remain valid for the period for which they were assigned. However, the rule according to which a teacher who has worked in the profession for 20 years was assigned the second category “for life” is cancelled. From now on, these teachers will also have to be assessed every five years.

Mandatory certification for compliance with the position held

Mandatory attestation is carried out every five years to confirm the compliance of the teacher with the position held.

Who is required to be certified

Pedagogical workers who do not have categories and have not expressed a desire to be certified for a qualification category.

Who does not need to be certified

• teachers who have worked less than 2 years in this position;
• pregnant women and women on maternity leave and parental leave until the child reaches the age of 3 years. Their attestation is carried out not earlier than two years after leaving the specified holidays.

Teachers who are absent from work for more than 4 months due to illness will need to pass certification one year after the official start of work. But if the above category of citizens expresses a desire to start a pedagogical test, no one can challenge their decision and prevent them from being certified.

For certification in order to confirm the compliance with the position held, teachers are submitted by their employer.

If a teacher works in different pedagogical positions for one employer and does not have a qualification category for any of them, then the employer's representation can be submitted immediately for all positions in which he is a member.

If a teacher combines work in his specialty with several employers, each of them has the right to send him for certification.

List of required documents:

• Application with personal signature
• A copy of the result from the last certification (if any)
• Copies of diplomas of higher or secondary professional pedagogical education
• A copy confirming the presence of the highest or first category of certification (if it was previously received)
• A copy of the documents on the change of surname, if it has been changed
• A cover letter or a detailed description from the place of work, which can confirm the level of competence and professional activity.
• A month after the submission of documents, the applicant will receive a letter to his home address with a detailed description of the place and time of the certification.

How is the certification

In the course of certification, in order to confirm the suitability of the position held, teachers pass written tests on issues related to their professional activities or computer testing, which makes it possible to determine the level of proficiency in modern teaching and upbringing methods.

Commission decision

In accordance with paragraph 13 of the “Procedure for the certification of pedagogical workers”, the decision of the certification commission is drawn up in a protocol and entered in the certification sheet of the teacher. This document, as well as an extract from the administrative act of the attestation commission, are stored in the personal file of the teacher.

1. Upon successful completion of the certification, the commission issues a verdict: "corresponds to the position held."
2. If the tests were overwhelmed, the commission decides that the teacher "does not correspond to the position held."

In this case, the employment contract with a teacher may be terminated in accordance with paragraph 3. Part 1. Art. 81 of the Labor Code of the Russian Federation. However, an employer is not required to fire an unqualified teacher. He, for example, can offer him to take refresher courses, and at the end of them to undergo re-certification.

In addition, dismissal is not allowed if it is possible to transfer a teacher with his written consent to another job (for example, a vacant lower position or a lower paid job).

Also, in accordance with Article 261 of the Labor Code of the Russian Federation, it is impossible to dismiss

• an employee during his temporary incapacity for work and during his vacation;
  
• a pregnant woman, as well as a woman with children under the age of three;
  
• a single mother raising a child under the age of fourteen or a disabled child - up to eighteen years;
  
• other persons raising these children without a mother.

Voluntary certification for obtaining the first or highest category

Voluntary attestation is carried out on the basis of an application of a pedagogical worker to establish the compliance of his qualifications with the requirements for the first or highest qualification categories.

Who is eligible to be certified

1. An application for attestation for the assignment of the first category can be submitted by:

• pedagogical workers who do not have categories;
• teachers with the first category - if the previous "voluntary certification" is coming to an end.

2. An application for attestation for the assignment of the first category can be submitted by:

• pedagogical workers with the first category - but not earlier than 2 years after its assignment;
• pedagogical workers with the highest category - if the validity period of the previous "voluntary certification" is coming to an end.

Teachers who have worked in their position for less than 2 years, pregnant women and women on maternity leave to care for a child up to the age of 3 years also have the right to apply for voluntary certification.

Who applies for certification

Each teacher does this on their own. The law does not establish centralized deadlines for filing applications and periods for attestation, so a teacher can submit documents for attestation at any time.

Teachers who already have a category are advised to submit an application no later than three months before the expiration of the previous voluntary certification. This is necessary so that this period does not expire during the consideration of the application and certification.

How to apply for certification

1. A teacher who decides to apply for voluntary certification collects a package of documents:

• application in the prescribed form (there is a sample);
• a photocopy of the certification sheet of the previous certification (if any);
• a new attestation sheet filled up to point 7 inclusive;
• a portfolio of their professional achievements (there are recommendations for compiling), which can be submitted to the certification commission both at the time of application, and within a month after that.

2. A package of documents is submitted to the certification commission of a constituent entity of the Russian Federation - in the capital, these functions are performed by the Moscow Center for Educational Law, located at ul. Bolshaya December, house 9.

3. Within a month, the commission considers the application and sets the date, place and time for the certification of the teacher. The period of certification should not exceed 2 months.

Category Requirements

According to the "Procedure for certification of pedagogical workers", the following requirements are imposed on the categories.

Requirements for the first qualification category:

• personal contribution to improving the quality of education through the improvement of teaching and upbringing methods;
• stable results of mastering by students, pupils of educational programs and indicators of the dynamics of their achievements are above average in the subject of the Russian Federation.

Requirements for the highest qualification category:

• the first qualification category is established;
• possession of modern educational technologies and methods and their effective application in practice;
• stable results of mastering by students, pupils of educational programs and indicators of the dynamics of their achievements above average in the subject of the Russian Federation, including taking into account the results of the participation of students and pupils in All-Russian, international Olympiads, competitions, competitions;
• personal contribution to improving the quality of education based on improving the methods of education and upbringing, innovation, in the development of new educational technologies and the active dissemination of their own experience in the field of improving the quality of education and upbringing.
  

At the same time, olympiads, competitions and competitions are taken into account only for the evaluation of those pedagogical workers whose work provides for these events. For example, for educational psychologists, this item is not valid.

How is the certification

The qualification test takes the form of an examination of the teacher's portfolio of professional achievements. The meeting of the attestation commission can take place both without the participation of the teacher undergoing tests, and in his presence. If you wish to attend the meeting, you must write in advance in the application.

If the teacher expressed his desire to attend the meeting, but did not appear at the specified time without a good reason, the attestation commission has the right to conduct an attestation in his absence.

Commission decision

In the course of certification, in order to establish the compliance of their professional level with the requirements for qualification categories, the decision of the commission is recorded and recorded in the certification sheet of the teacher. Then it is approved by the educational authorities of the constituent entity of the Russian Federation. The attestation sheet and an extract from the act of the education authority are sent to the employer.

1. If the teacher has passed the certification, a decision is made “meets the requirements for the first (highest) qualification category.

A record of the assignment of a category is made in the work book, in the section "Information about work". For example: “The first qualification category for the position of “teacher” has been established- the subject being taught is not specified.

2. If the teacher has not passed the certification, a decision is made “does not meet the requirements for the first (highest) qualification category » .

In this case, those who "surrendered" to the first category remain without a category, and must be certified for compliance with their position.

For those who "did not pass" to the highest - the first qualification category is retained until its expiration date. After that, the certification will have to be passed again - either to confirm the first category, or to establish the highest.

Appeal against the decision of the attestation commission

The right to appeal the results of certification is stipulated in the "Procedure for certification of teaching staff". An appeal can be filed either with the labor dispute commission at the regional education authority or with the court. An application to the court for resolving an individual labor dispute is filed within three months from the day when the employee found out or should have found out about the violation of his right.

In accordance with the legislation of the Russian Federation, employees of educational organizations can undergo certification on a mandatory or voluntary basis. At the same time, the provisions of new sources of law should be taken into consideration. Which ones? What are the features of the procedure for assessing the qualifications of employees of an educational institution?

educational institutions: innovations in legislation

The new procedure for certification of teaching staff was established by order of the Ministry of Education and Science of the Russian Federation No. 276, which was issued on April 7, 2014. This regulatory act was adopted in order to implement the provisions of Federal Law No. 273 of December 29, 2012. In accordance with the previous legislation in educational institutions had to approve such a document as the Regulations on the certification of pedagogical workers. According to the new legal act, this source of law is optional, but it can be replaced by similar ones in terms of purpose. For example, the regulation on the attestation commission (we will study its specifics later in the article).

Now the concept of the Attestation Regulations is most often considered in the context of the Attestation Rules approved by Order No. 276.

Let us consider the key provisions of the relevant source of law in more detail.

New certification procedure: general provisions

Let us first examine the general provisions of the document in question. The new certification procedure for teaching staff applies to employees of educational organizations, as well as heads of relevant institutions (including those performing their duties part-time or as part of a combination). The essence of the certification procedure in accordance with Order No. 276 is:

In the qualification of employees of educational institutions to the requirements that are established for their positions;

In certifying the fact that a person has experience that allows him to obtain a higher qualification.

In general, attestation confirming compliance with the position held must be carried out without fail. It is voluntarily passed by those specialists who want to improve their qualification category, but it is necessary to pass it for teaching staff who belong to the category of teaching staff.

The rules fixed in Order No. 276 establish the following tasks that characterize this procedure:

Stimulating the growth of qualifications of employees of an educational institution, their professional development;

Improving the quality of education;

Adapting the work of education staff to the specifics of the current standards that regulate the organization of the activities of educational institutions;

Ensuring the distribution of funds for the purpose of remuneration according to principles based on the ratio of the skill level of employees.

The key principles of certification of employees of educational institutions in accordance with the legislation of Russia are collegiality, openness, ensuring publicity, objectivity.

Let us now study something new in the certification of pedagogical workers, which characterizes the procedure for confirming the fact that a person's qualifications correspond to the position he occupies. In this case, we are talking about the mandatory assessment of the competencies of an employee of an educational institution.

The order of employees of educational institutions: training

The procedure for assessing the qualifications of employees of educational institutions is carried out once every 5 years. The main role in it is played by special attestation commissions, which are formed from among the employees of the educational institution. These structures are established on the basis of the order of the head of the educational organization. Their activities, as we noted above, may be regulated by separate provisions, which are also adopted by the management of the institution.

The commission consists of a chairman, his deputy, a secretary, as well as ordinary members. The new rules for attestation of teaching staff provide for the involvement of a representative of the trade union in the work of the commission under consideration, if the corresponding organization has been established.

The procedure for assessing the qualifications of employees of an educational organization is carried out in accordance with a separate order of the head. Employees who will undergo certification must be familiarized with the relevant 30 days before the procedure according to the planned schedule.

The next most important document in the preparation of certification is the presentation. Let's study its features.

Mandatory certification of employees of educational institutions: presentation

What is new in the certification of teaching staff is a special procedure for compiling a submission for each employee of an educational organization - a document that records a number of information about the employee. Namely:

FULL NAME. employee

The position held by an employee of an educational institution;

Date of signing by the specialist of the employment contract;

The qualification level of the employee;

Information about the specialist's additional professional training;

The results of attestations carried out earlier, if any;

A motivated assessment of the performance of the employee, his professional, as well as business qualities.

The management of the institution must familiarize the employee with the relevant submission against signature. This must be done no later than 30 days before the certification. The employee, if desired, can initiate the introduction of other information into the submission. If an employee of an educational institution refuses to sign a document, it must be certified by the employer, as well as by two or more competent persons.

Let us now study how the certification of pedagogical workers, which is considered mandatory, is carried out directly.

Assessment of the qualifications of school staff: the procedure for mandatory certification

The procedure in question is carried out during the meeting of the commission, which we mentioned above, in the presence of the employee who is being certified. It is considered eligible if it is attended by at least two thirds of the total number of participants in the attestation commission.

If an employee cannot take part in the relevant procedure directly on the day of certification for a good reason, it can be rescheduled for another date. If a person does not appear for certification without a good reason, then the commission has the right to assess the qualifications of a specialist without his participation.

During the meeting, the presentation drawn up by the management of the employee of the educational institution, other information about the employee, which allow evaluating his professional activity, is considered. Based on the results of the certification, the commission decides whether it corresponds to the position held or not. It is adopted in the absence of the certified employee by open voting. At the same time, if at least half of the members of the commission speak in favor of recognizing the employee as appropriate for the position held, a positive decision is made.

The result of the certification of the employee is reported to him after the results of the consideration of the issue of qualification of the specialist are summed up. Let us study in more detail what actions should be taken after the certification of teaching staff for compliance with the position held is completed.

Procedure after mandatory certification

The results of this procedure should be recorded in the protocol, which is signed by the members of the commission. This document is kept by the employer along with submissions and other sources (if any) that characterize the level of professional training of the employee.

Within 2 days after the certification, if the employee passed it, the secretary of the commission draws up an extract from the protocol for him. It reflects the personal data of the certified person, information about the corresponding procedure, its results. The institution acquaints the employee with this statement against signature within 3 days after its formation. This extract is then included in the personal file of an employee of an educational organization.

It happens that an employee of an educational institution does not agree with the result with which the certification of pedagogical workers ended. The conclusion of the commission may not suit him. In this case, a person has the right to appeal the result of this procedure in the manner prescribed by the legislation of the Russian Federation.

Having studied how the organization of certification of pedagogical workers is carried out, we will consider the specifics of the norms of Order No. 276, which determine which categories of employees of an educational institution have the right not to undergo certification.

Who has the right not to undergo mandatory certification?

The qualification assessment procedure may not pass:

Employees who already have qualification categories;

Employees of an educational institution who have worked in it for less than 2 years;

Pregnant women, as well as employees of an educational institution who are on maternity leave;

Employees absent from work for more than 4 months due to illness.

The procedure for attestation of certain categories of employees of educational institutions from those indicated above is determined by separate provisions of the legislation.

The purpose of certification of pedagogical workers may also be to obtain a higher qualification for a person. In this case, the corresponding procedure is voluntary, if we are not talking about the activities of the teaching staff. Let's study its specifics in more detail.

Certification for advanced training: nuances

This attestation is thus generally voluntary. Based on the results of its implementation, a person is assigned the first or highest qualification category. It is set for 5 years and cannot be extended.

If certification of pedagogical workers of educational institutions that are accountable to federal authorities is carried out, then in order to implement the procedure for assessing the qualifications of a specialist, special commissions are established. They are established, therefore, at the federal level. In turn, if an educational institution is accountable to regional or municipal structures, then commissions are initiated with the participation of regional or local authorities to conduct certification of their employees. It can be noted that the structure of these structures, as in the case of mandatory attestations, should include a representative of the trade union.

Employees wishing to improve their qualifications must send an application to the relevant commission for certification of teaching staff. This document may be made available to competent persons by mail or via the Internet. The application can also be brought and handed over to the commission in person. It would be useful to consider the specifics of this document in more detail.

Application for certification: what are its features?

An application for attestation of teaching staff must contain information about the qualification categories or positions for which the employee is applying. The relevant document can be submitted to the commission, regardless of the period of work of a person in an educational institution, including during maternity leave. But if a person is certified in the highest category within a particular position for the first time, then the application can be submitted to the commission only after 2 years from the date of receipt of the first category for this position. If the validity period of the highest qualification assessment has expired, this does not limit the employee's right to subsequently submit an application for re-certification within the framework of the relevant position.

Considered applications are studied by the commissions within 30 days from the date of their receipt. During this time, competent persons should have time to:

Determine the terms of certification for an employee of an educational institution, taking into account the validity period of his previous qualification category;

Notify the employees of the educational institution in writing about their certification.

Let us now study how the regulation on the certification of pedagogical workers by order No. 276 regulates the procedure for improving the qualifications of an employee of an educational organization.

Carrying out certification for advanced training

The total duration of the attestation in question should not exceed 60 days from the moment it was carried out and until the commission makes a competent decision on assigning a particular qualification to a person. As in the case of mandatory certification, at least two thirds of its participants must be present at the meeting of the commission. At the same time, the teaching staff may either be present or absent. In the second case, its certification is also possible.

It has been established that his students successfully master the programs they teach based on the results of monitoring conducted by the educational organization, as well as research carried out in the manner prescribed by law;

His students were able to develop their abilities in terms of scientific, intellectual activity, in creativity, in achieving sports results;

It was established that the person made a significant personal contribution to improving the quality of the educational process, improving approaches to learning, actively participated in the activities of methodological associations of employees of the educational institution.

The regulation on the certification of pedagogical workers determines that the highest category is assigned to an employee if:

It has been established that students show positive dynamics in the development of training programs based on the results of monitoring conducted by an educational organization, or in the manner prescribed by law;

Pupils have achieved high results in the field of science, creativity, sports, and this is confirmed by their participation in olympiads, competitions;

It has been established that a person has made a significant personal contribution to improving the quality of the educational process, the introduction of new technologies in education;

The person actively participated in methodical work, in professional competitions.

Direct assessment of the work of teachers is carried out on the basis of studying the results of their work, provided that the main labor duties of employees are related to the relevant areas of activity. The regulation on the certification of pedagogical workers establishes that the commission may, after examining the documents and information about the work of a specialist, make a decision:

Establish the first or highest category for an employee of an educational institution;

Deny the person this.

As in the case of mandatory certification, this decision is made in the absence of an employee by open voting. The results of the corresponding procedure are reported to the employee of the educational institution and recorded in the protocol. If a person has the first category and he was not able to get the second, then the current level of his qualification is maintained until the end of his validity period.

The regulation on the certification of pedagogical workers by order No. 276, as in the case of the mandatory procedure, gives the right to an employee of an educational organization to appeal the results of an assessment of his qualifications.

It can be noted that the first and highest categories issued in one Russian region are also valid in another subject of the Russian Federation. At the same time, the federal legislation governing certification for employees of educational organizations is implemented in practice, taking into account the regional characteristics of the educational process. Let's study this aspect in more detail.

Certification of employees of educational institutions in the regions: nuances

Indeed, the presence of well-developed regulations at the federal level is a significant aspect of improving the quality of education. But no less important is how effectively these norms are implemented in the regions. So, in the course of solving various issues of professional development of teachers, various educational institutions can cooperate with each other. Among those structures that take the most active part in the corresponding interaction is the Academy of Social Management, or ASOU. Certification of teaching staff in various institutions of the Moscow region can be carried out in the process of interaction between the leadership of these organizations or teachers working in them, with the competent structures of the ASOU. What, for example?

Thus, in ASOU certification of teaching staff may be within the competence of the Regional Scientific and Methodological Center at the Academy. This structure was established in order to assist employees of educational organizations of the Moscow region in passing qualification assessments. At the same time, among the issues addressed by the center is the certification of leading pedagogical workers. Increasing the competence of the management of educational institutions is the most important aspect of improving the educational process.

Summary

So, we have studied how the qualifications of employees of Russian educational institutions are assessed. The purpose of certification of teaching staff may be the mandatory confirmation of qualifications or voluntary improvement. The main role in the relevant evaluation is performed by a special commission.

The management of educational institutions issue orders for the attestation of pedagogical workers, draw up submissions to them and in other ways assist them in passing the qualification assessment procedure. If certification is carried out by institutions subordinate to federal, regional or municipal structures, the commission is established by them.

Certification of leading pedagogical workers and ordinary employees of educational organizations is regulated by the same rules of law at the federal level. Many regional educational centers have training programs for specialists in the relevant procedures for assessing their qualifications.

Certification of teaching staff is an increase in professional qualities

Certification of teaching staff is nothing more than an assessment and study of their professional level, their business and personal qualities, which have been formed over time on the knowledge and skills of students, their moral, creative and physical development.

The main criteria for certification

This procedure is, first of all, an unambiguous form of teacher's professional growth. It is carried out if the teacher wants to assign / confirm 1, 2 or the highest pedagogical category. It can be carried out at the initiative of the teacher himself or the director of the educational institution. If this procedure is carried out at the request of the teacher, then the latter wants to assign himself a pedagogical category.

Basic principles of certification of teachers

There are 4 principles, such as:

Objectivity. This principle is based on the allocation of objects and stages of certification, the presence of personal professionalism, as well as the work of an independent group of experts. Everyone who will certify must know the criteria that experts will evaluate, the requirements and stages of passing this procedure. Only after all of the above is it possible to objectively assess the candidates.

personal interest. This principle implies the formation of attestation motivation. For example, those who will upgrade their category are guaranteed to expect an increase in wages.

Holistic certification. This principle assumes a logical and consistent stage of this procedure, which is able to provide the correct conclusions about the certified.

Confidentiality. It is forbidden to disclose any information about the final results of the procedure without the knowledge of the expert commission. Only she has the right to publish the results.

Taking into account the last principle of confidentiality, it is worth remembering that any intermediate indicators or the decision of the expert commission should not be disclosed in advance.

The main idea of ​​certification

This procedure carries another idea that every teacher should understand and know: by raising the level of qualification, the level of professional qualities and knowledge certainly increases. But it is precisely these criteria that are the main ones in the work of a teacher.

According to the new rules, the second category was completely canceled, and the certification of pedagogical workers was entrusted to educational authorities at the level of the subject of the Russian Federation. At the same time, certification became mandatory: every five years, every teacher who does not have a category, regardless of desire and length of service, must undergo certification in order to confirm compliance with the position held.
Those teachers who wish to receive the first or higher category may instead apply for certification to determine whether their professional level meets the requirements for qualification categories. Categories are assigned for 5 years, after which they must be confirmed again in the same order.

If the teacher does not confirm his category in time, it will be canceled. After that:

• a teacher of the first category will either have to submit an application for attestation for the assignment of the first category, or, in a general manner, pass an attestation to confirm compliance;
• a pedagogical worker of the highest category will first have to be certified for the first category, and only two years later he will be entitled to apply for the highest.

At the same time, qualification categories assigned before January 1, 2011 remain valid for the period for which they were assigned. However, the rule according to which a teacher who has worked in the profession for 20 years was assigned the second category “for life” is cancelled. From now on, these teachers will also have to be assessed every five years.

Mandatory certification for compliance with the position held

Mandatory attestation is carried out every five years to confirm the compliance of the teacher with the position held.

Who is required to be certified

Pedagogical workers who do not have categories and have not expressed a desire to be certified for a qualification category.

Who does not need to be certified

• teachers who have worked less than 2 years in this position;
• pregnant women and women on maternity leave and parental leave until the child reaches the age of 3 years. Their attestation is carried out not earlier than two years after leaving the specified holidays.

For certification in order to confirm the compliance with the position held, teachers are submitted by their employer.
If a teacher works in different pedagogical positions for one employer and does not have a qualification category for any of them, then the employer's representation can be submitted immediately for all positions in which he is a member.
If a teacher combines work in his specialty with several employers, each of them has the right to send him for certification.

How to apply for certification

1. The employer draws up a submission to the teacher. The submission is filled in according to the established form (there is a sample). In this document, the employer comprehensively assesses the professional skills of the teacher and his work in his position. Also, the document should contain information about the teacher's advanced training courses and information about the results of previous certifications.
2. Not later than a month before the start of the certification, the employer, against signature, acquaints the teacher with the presentation.
3. The employer submits documents to the certification commission of the constituent entity of the Russian Federation, where he receives information about the date, place and time of the certification of the teacher. In the capital, these functions are performed by the Moscow Center for Educational Law, located at ul. Bolshaya December, house 9.
4. The period of certification should not exceed 2 months. Not later than one month before the certification, the employer brings to the attention of the teacher information about the date, place and time of his certification.

How is the certification

In the course of certification, in order to confirm the suitability of the position held, teachers pass written tests on issues related to their professional activities or computer testing, which makes it possible to determine the level of proficiency in modern teaching and upbringing methods.

Commission decision

In accordance with paragraph 13 of the “Procedure for the certification of pedagogical workers”, the decision of the certification commission is drawn up in a protocol and entered in the certification sheet of the teacher. This document, as well as an extract from the administrative act of the attestation commission, are stored in the personal file of the teacher.

1. Upon successful completion of the certification, the commission issues a verdict: "corresponds to the position held."
2. If the tests were overwhelmed, the commission decides that the teacher "does not correspond to the position held."

In this case, the employment contract with a teacher may be terminated in accordance with paragraph 3. Part 1. Art. 81 of the Labor Code of the Russian Federation. However, an employer is not required to fire an unqualified teacher. He, for example, can offer him to take refresher courses, and at the end of them to undergo re-certification.

In addition, dismissal is not allowed if it is possible to transfer a teacher with his written consent to another job (for example, a vacant lower position or a lower paid job).

Also, in accordance with Article 261 of the Labor Code of the Russian Federation, it is impossible to dismiss:

• an employee during his temporary incapacity for work and during his vacation;
  
• a pregnant woman, as well as a woman with children under the age of three;
  
• a single mother raising a child under the age of fourteen or a disabled child - up to eighteen years;
  
• other persons raising these children without a mother.

Voluntary certification for obtaining the first or highest category

Voluntary attestation is carried out on the basis of an application of a pedagogical worker to establish the compliance of his qualifications with the requirements for the first or highest qualification categories.

Who is eligible to be certified

1. An application for attestation for the assignment of the first category can be submitted by:

• pedagogical workers who do not have categories;
• teachers with the first category - if the previous "voluntary certification" is coming to an end.

2. An application for attestation for the assignment of the highest category can be submitted by:

• pedagogical workers with the first category - but not earlier than 2 years after its assignment;
• pedagogical workers with the highest category - if the validity period of the previous "voluntary certification" is coming to an end.

Teachers who have worked in their position for less than 2 years, pregnant women and women on maternity leave to care for a child up to the age of 3 years also have the right to apply for voluntary certification.

Who applies for certification

Each teacher does this on their own. The law does not establish centralized deadlines for filing applications and periods for attestation, so a teacher can submit documents for attestation at any time.

Teachers who already have a category are advised to submit an application no later than three months before the expiration of the previous voluntary certification. This is necessary so that this period does not expire during the consideration of the application and certification.

How is the certification

The qualification test takes the form of an examination of the teacher's portfolio of professional achievements. The meeting of the attestation commission can take place both without the participation of the teacher undergoing tests, and in his presence. If you wish to attend the meeting, you must write in advance in the application.