Labor legislation applies to all employees of any enterprises and institutions. At the same time, certain rules apply to certain categories of employees. These primarily include persons replacing municipal service posts. In addition to the Labor Code, their activities are regulated by Federal Law No. 25 and other industry regulations. Let us further consider the features that the posts of municipal service possess.
general characteristics
The posts of state and municipal services are provided for in federal, regional and local authorities, and in the offices of election commissions. These structures are formed on the basis of the provisions of the charters of the Moscow Region, the laws of the constituent entities 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 the implementation by authorities and election commissions of 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 staffing.
Specificity
Qualification requirements for municipal service posts, length of service, professional knowledge, and skills that are necessary to fulfill duties are determined by regulatory acts of local self-government. Depending on the level of professional training, employees are assigned cool ranks. Their names are approved by regional laws. Groups of posts of municipal service are defined in Art. 8 Federal Law No. 25.
Classification
The list of municipal service posts includes:
- Leaders. They form the highest commanding structure. It includes directly the heads of the Moscow Region, self-government bodies and other government agencies, as well as their deputies.
- Advisers (assistants). These posts of municipal employees are established for specific terms. They coincide with the period of fulfillment of the duties of persons whose work is assisted by assistants.
- Specialists. These posts of municipal employees are established for documentary, informational, organizational, economic, financial, economic, professional and other support of the activities of self-government bodies and election commissions. Specialists are appointed without a time limit. The registry of municipal service posts includes their division into senior, junior and leading.
Description of categories
Leading posts of the municipal service are divided into the following categories:
- Leading. These include deputy chairmen of committees, heads of departments and divisions of the Ministry of Defense. Leading positions are also the heads of departments, sectors.
- The main ones. These include the first deputy heads, heads of administrations, managing affairs of the Moscow Region, heads of self-government bodies, chairmen of control and accounting structures, as well as heads of departments and their deputies.
- Top management positions in Moscow Region.
Specialists, as indicated above, can be:
- Leading. These are consultants.
- By the elders. They are the main and leading experts.
- The younger ones. They are specialists of the 1st, 2nd categories, as well as not having a category.
If a citizen holds the position of a specialist and at the same time performs the functions of chief accountant or his deputy, the double name of the post is allowed.
Qualification requirements for municipal service posts
Staff members must have the following:
- The level of vocational education, specialization.
- Experience and experience.
- The level of knowledge of the legislation of the Russian Federation, including constitutional provisions, regional and other legal acts.
Education
Replacement of a vacant post of municipal service is allowed by a person having:
- For higher and main posts - higher education institution in the corresponding specialization. It is allowed to have higher professional education in the direction of "state and municipal administration". A similar or equivalent education is recommended for senior and leading employees.
- For junior employees - a professional s / o specializing in municipal posts or equivalent to it.
Employee Transfer
According to the provisions of Art. 72.1 TC, it can be permanent or temporary. In the first case, the written consent of the employee is required. After receiving it, an agreement is drawn up to the main contract. In accordance with it, a transfer order is issued. The employee can be upgraded or demoted. The latter 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 certification results. After the specified period, termination of the contract with the employee, as well as demotion is not allowed. Temporary transfers may be made without the consent of the employee. However, in this case, the employee retains his previous position and place of business. No entry is made in the work book, but an appropriate order is issued. The documents confirming the need for a temporary translation are used as the grounds for its approval.
Nuance
If the temporary transfer of an employee has become permanent, an appropriate order is issued. Based on it, an entry is made in the labor. In this case, indicate the date 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, you should refer to the rules of the law. In Art. 72.2 of the Labor Code and Federal Law No. 25, there are no restrictions for filling municipal service posts during 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 position of municipal service provided for in the laws of the constituent entities of the Russian Federation.
Divisions
Municipal bodies form non-separate structures. The process of their formation is regulated by legal acts of the Ministry of Defense. The self-government 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 administration and his deputies, it includes:
- Sectors and departments.
- Branch bodies. These structural units are endowed with the status of a legal entity, have their own balance sheet, round stamp and bank account. Sectoral bodies include a variety of departments, committees and administrations.
- Territorial structures. They are the administration of urban areas. These structures also act as legal entities. They operate in accordance with charters and regulations approved by the city administration.
Territorial and sectoral bodies also have their own units. For example, in the Department of Education, there may be departments for legal and personnel support, for the protection of the rights of minors, and so on. The sector body is headed by the head of the department (management). He is appointed and dismissed by decision of the head of 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, and staffing. The charter also provides for other duties for this employee. The management of the district administrations is carried out on the basis of unity of command. The leaders are their heads. At the same time, they are deputy senior officials of the city administration. Accordingly, the latter appoints managers to their posts.
Transferring an employee to another unit
Taking into account the structure of the city administration , the following conclusion can be formulated. When transferring a municipal employee from one unit to another to the same position within a single industry body, his consent is not requested. In this case, there is a movement of the employee, about which a corresponding order is drawn up. If the transfer is made from one industry structure to another, then the contract with the previous employer is terminated and it is concluded 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. This kind of translation is made upon written consent or at the request of the employee.
Special cases
The TC provides for circumstances in the presence of which the tenant is obliged to transfer the municipal employee to another position. The first reason is the state of health of the employee. According to Art. 73 of the Labor Code of an employee who needs to be transferred to another position in connection with a medical report, with his written consent, the employer must relocate to another job that is not contraindicated to him. Here it is necessary to take into account one caveat. If an employee needs a temporary transfer (for a period of 2-4 months), he refuses to be transferred to another job for a permanent time or the employer does not have the corresponding position, the employer is obliged to remove him from the activity while retaining the position for the entire period determined by the medical certificate .
Another reason is the change in technological or organizational labor conditions. Employees are notified of them no less than 2 months before their start. If during a structural reorganization or for other reasons the conditions determined by the parties cannot remain the same, their change is allowed on the initiative of the employer. Correction 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 translation.
The following grounds relate to the reinstatement of a person who previously held it. It is carried out by decision of the state labor inspectorate or court. Accordingly, an employee who has been filling the position of this entity should be offered a transfer.
Another reason is the conclusion of an agreement in violation of the restrictions provided for in the Labor Code or other federal law. If it is allowed through the fault of the employee, the employer shall not offer him another position.
Administrative punishment
The law provides for liability for employees who violate the requirements of the norms. Some types of punishments preclude employees from continuing their previous activities. It is worth noting that part 1 of the 19th article of the Federal Law No. 25 provides a special basis for the termination of employment with an employee. They are disqualified employee. The specified law does not provide for the transfer of an employee to another job upon assignment of this punishment. This issue is not regulated normatively. In this regard, according to experts, if an employee was disqualified, the employer must offer him another position, but not related to the municipal service. If there are no other options to involve a citizen in the institution or he does not agree with such a transfer, the head has the right to terminate the contract.
Paperwork
A unified form T-5 (5a) is provided for the transfer order. Other documents - notice and agreement - are executed in any form. In this case, the requirements of the instruction on office work developed in a particular region and approved by the authorized authorities of the subject should be taken into account.
Additionally
Law No. 25-FZ allows the acceptance of citizens into the municipal service to fill the respective posts based on the results of the competition. The conditions for their implementation are determined by regional and federal regulations. Requirements for candidates are established in accordance with the specifics of the activity, categories and groups of posts. At the same time, many regulatory acts at the local level provide for restrictions. In particular, it is established that when transferring employees to another job, which is associated with carrying out organizational and staffing activities to abolish or liquidate self-government bodies, reduce the number of employees, change the staff list or structure, or in connection with the state of health, a competition is not held.