Posts of the municipal service: register, qualification requirements

Labor law applies toall employees of any enterprises and institutions. In this case, special rules apply to certain categories of employees. First of all, they are persons who replace the posts of the municipal service. Their activities, apart from the TC, are regulated by Federal Law No. 25 and other industry normative acts. Let's consider further features, which have the posts of municipal service.

general characteristics

Positions of the state and municipal serviceare provided for in federal, regional and local government bodies, apparatuses of election commissions. These structures are formed on the basis of the provisions of the MO statutes, the legislation of the subjects of the Russian Federation. The posts of the municipal service are established for the performance of a certain range of duties. They are related to ensuring that the authorities and election commissions exercise their powers. The basis for the introduction of posts is the register of posts of the municipal service. Their names are used in the formation of staff schedules.

Specificity

Qualification requirements for postsmunicipal service, work experience, professional knowledge, skills that are necessary for the performance of duties are determined by regulatory acts of local self-government. Depending on the level of training, employees are assigned class ranks. Their names are approved by regional laws. Groups of posts of the municipal service are defined in art. 8 of Federal Law №25.

Classification

The list of municipal service posts includes:

1. Leaders. They form the highest commanding staff. It includes directly the leaders of the Ministry of Defense, self-government bodies and other power structures, as well as their deputies.
2. Advisers (assistants). These positions of municipal employees are established for specific terms. They coincide with the period of performance of duties of persons, whose work is provided by assistants.
3. Specialists. These positions of municipal employees are established for documentation, information, organizational, economic, financial and economic, professional and other support for the activities of self-government bodies and election commissions. Specialists are appointed without a time limit. The register of posts of the municipal service includes the division of them into senior, junior and leading.

Description of the categories

The management positions of the municipal service are divided into the following categories:

1. Leading. These include deputy chairmen of committees, heads of departments and departments of the Defense Ministry. Leading positions are also heads of departments and sectors.
2. The main ones. They include the first deputy heads, heads of administrations, administrators of the affairs of the Ministry of Defense, heads of self-government bodies, chairmen of control and accounting structures, as well as department heads and their deputies.
3. Top management positions of the Ministry of Defense.

Specialists, as mentioned above, may be:

1. Leading. They are consultants.
2. The elders. They are the main and leading experts.
3. Younger. They are specialists of the 1 st, 2 nd category, as well as not having a category.

If a citizen occupies the position of a specialist and simultaneously performs the functions of the chief accountant or his deputy, the double name of the post is allowed.

Qualification requirements for the posts of the municipal service

Employees enrolled in the state must have the following:

1. Level of vocational education, specialization.
2. Experience and length of service.
3. Level of knowledge of the legislation of the Russian Federation, including constitutional provisions, norms of regional and other legal acts.

Education

The replacement of a vacant post in a municipal service is allowed by a person who has:

1. For top and top posts - in / oncorresponding specialization. It is allowed to have higher professional education in the direction of "state and municipal management". A similar or equivalent education is recommended for senior and leading employees.
2. For junior employees - professional s / o by specialization of municipal positions or equivalent to him.

Translation of employees

According to the provisions of Art. 72.1 TC it can be permanent or temporary. In the first case, the consent of the employee, drawn up in writing, is necessary. After it is received, an agreement is made to the main contract. In accordance with it, an order is issued for the transfer. The employee can be promoted or lowered. The last is carried out according to the results of certification. In this case, the consent of the employee is also required. If the employee does not give it, the employer has the right to dismiss him within 1 month from the date of receipt of the results of the certification. After the expiration of this period, the termination of the contract with the employee, as well as his demotion, is not allowed. Temporary transfer can be made without the consent of the employee. However, in this case, the employee retains his previous position and place of business. The record is not entered in the work record book, but an appropriate order is issued. As the basis for its approval are the documents proving the need for a temporary transfer.

Nuance

If the temporary transfer of an employee becomespermanent, an appropriate order is issued. On its basis a record is entered in the labor one. In this case, the date indicates the one with which the temporary transfer was made. Quite often in practice, the question arises: is it permissible for a certain period to transfer an employee who is not a municipal employee to such a position? In this case it is necessary to turn to the norms of the legislation. In Art. 72.2 TC and FZ No. 25 does not provide for any restrictions to replace the posts of the municipal service for the time of the absence of the main employee. However, certain conditions must be met. In particular, it is necessary to take into account the requirements for the post of municipal service, stipulated in the laws of the subjects of the Russian Federation.

Subdivisions

In municipal bodies, undevelopedstructure. The process of their formation is regulated by the legal acts of the Defense Ministry. Self-governing bodies in which municipal employees work are the district and city administrations. The structure of the latter is quite complex and has a number of features. Together with the head of the administration and his deputies, it includes:

1. Sectors and departments.
2. Branch bodies. These structural units are endowed with the status of legal entity, they have an independent balance, a round seal and a bank account. The sectoral bodies include a variety of departments, committees and administrations.
3. Territorial structures. They are the administrations of urban areas. These structures also act as legal entities. They function in accordance with the charters and regulations approved by the city administration.

Territorial and branch bodies also havetheir units. For example, in the Department of Education there may be departments for legal and personnel support, protection of the rights of minors and so on. The head of the department (management) supervises the branch body. He is appointed and dismissed by the head of the administration. The head of the branch body represents the interests of the department (management) without a power of attorney, recruits employees and dismisses them, approves instructions, regulations on divisions, staffing. The charter provides for other duties for this employee. Management of the work of district administrations is carried out on the principles of one-man management. Their leaders are heads. Together with this they are deputies of the highest official of the city administration. Accordingly, the latter appoints leaders to their posts.

Transfer of an employee to another unit

Taking into account the structure of the administrationcity, we can formulate the following conclusion. When a municipal employee is transferred from one unit to another for the same position within a single industry body, his consent is not sought. In this case, there is a movement of the employee, as an appropriate order is issued. If the transfer is made from one branch structure to another, then the contract with the former employer is terminated and the conclusion is made with the new one. This is due to the fact that different bodies act as separate legal entities. Accordingly, the provisions of Art. 72.1 in part 2 of the LC. A translation of this kind is made at the written consent or request of the employee.

Special cases

In the TC there are circumstances, if availablewhich the employer is obliged to transfer the municipal employee to another position. The first condition is the worker's health condition. According to Art. 73 TC of an employee who needs to be transferred to another position in connection with a medical certificate, upon his written consent, the employer must move to another job that is not contraindicated to him. Here it is necessary to take into account one nuance. If the employee needs a temporary transfer (for a period of 2-4 months), he refuses to transfer to another job for a fixed period of time or the employer does not have a corresponding post, the employer is obliged to remove him from the activity for the entire period determined by the medical report, .

Another reason is the changetechnological or organizational working conditions. Employees are notified about them at least 2 months before they start. If, during structural reorganization or for other reasons, the conditions determined by the parties cannot remain the same, they are allowed to be modified by the employer. The adjustment of the labor functions of employees is not allowed. Employees may disagree with the new terms. In this case, the employer must offer them a transfer.

The following basis concerns recovery inpositions of the person who previously occupied it. It is carried out by decision of the state inspection for labor or court. Accordingly, an employee who has replaced the post of this subject must be offered a transfer.

Another reason is the conclusionagreements with violation of the restrictions provided for in the Labor Code or other federal law. If it is admitted through the fault of the employee, the employer should not offer him another position.

Administrative punishment

The law providesresponsibility for workers who violate the requirements of the rules. Some types of punishment exclude the possibility of the continuation of their previous activities by employees. It is worth noting that in part 1 of the 19th article of the Federal Law No. 25, a special basis is provided for termination of the employment relationship with the employee. They favor employee disqualification. The law does not provide for the transfer of an employee to another job in the appointment of this punishment to him. Normatively this issue is not resolved. In this regard, according to experts, if the employee was disqualified, the employer is obliged to offer him another position, but not related to municipal service. If there are no other options to involve the citizen in the institution or he does not agree with such a transfer, the manager has the right to terminate the contract.

Execution of documents

For the order of transfer is providedunified form of T-5 (5a). Other documents - a notice and agreement - are drawn up in any form. This should take into account the requirements of instructions for office work, developed in a particular region and approved by the competent authorities of the subject.

Additionally

The law number 25-FZ allowed the adoption of citizens onmunicipal service to fill the relevant positions on the results of the competition. The conditions for their conduct are determined by regional and federal regulations. Requirements for candidates are established in accordance with the specifics of activities, categories and groups of positions. However, in many regulations at the local level restrictions are provided. In particular, it is established that when transferring employees to another job, which is associated with the organization and staffing measures to abolish or liquidate self-government bodies, reduce the number of employees, change staffing or structure, or due to health conditions, the competition is not held.