RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 23, 2001 No. 97

About approval of Rules of carrying out employee assessment in the Azerbaijan Republic

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About approval, entry into force of the Labor code of the Azerbaijan Republic and the questions of legal regulation connected with it" of April 15, 1999 the No. 122 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of carrying out employee assessment in the Azerbaijan Republic" (are applied).

2. This resolution becomes effective from the date of its signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 23, 2001 No. 97

Rules of carrying out employee assessment in the Azerbaijan Republic

1. General provisions

1.1. Employee assessment, rules and conditions of its carrying out, settlement of results of certification are performed according to the Labor code of the Azerbaijan Republic and these rules.

1.2. Specific terms and rules of carrying out certification at the companies affirm management of the company prior to the beginning of calendar year in which carrying out certification is provided, and no later than 1 month prior to certification are brought to the attention of workers who shall undergo certification.

1.3. For carrying out certification at the company where workers are engaged at the positions requiring special knowledge on specialties on which at this company there are no specialists of the same profile who are highly qualified more (the pedagogical workers, other workers occupied in economic industries), the structure of certifying commission shall include the specialists from superior organization or the relevant main organ owning required profession.

1.4. When carrying out certification of scientists of certifying commission representatives of members of scientific council of the organization are included.

1.5. Certification of appointees is carried out by certifying commissions of the bodies appointing or approving them for work.

1.6. Employee assessment of the small companies is carried out by certifying commissions of higher bodies. The list of such companies is established by superior organizations according to the procedure of subordination.

1.7. Members of certifying commission undergo certification together with staff of divisions in which work. At the same time the certified member of certifying commission does not participate in vote.

1.8. At the companies with large number of workers several equal certifying commissions can be created. The structure of the commissions shall provide giving objective assessment of activities of the certified worker, adherence to principles of the approach based only on business interests for pronouncement of recommendations of possibility of use of the worker on specific position.

2. Rules of carrying out certification

2.1. In necessary cases before carrying out certification the proper preparatory work generalizing in themselves actions for bringing to workers of explanation of the purposes, tasks and methods of carrying out certification shall be carried out. This work will be organized by heads of structural divisions of the company together with the relevant trade-union organizations, and in the absence of trade-union the organizatsiisamy employer.

2.2. Employee assessment can be carried out also with participation of heads of the structural unit in which it works. The certifying commission hears data on the works performed certified and checks the submitted documents. Discussion of the certified worker shall be carried out to the commissions in the conditions of strictness and objectivity.

2.3. In case of absence of the workers who are subject to certification passing on meeting of certifying commission on reasonable excuse it undergo certification according to the schedule constituted subsequently based on the relevant documents.

2.4. Members of certifying commission ask the worker questions only about the position (profession), labor function, specialty (profession) held by him, about the performed works and their results, and also concerning circle of their rights and obligations determined by the employment contract, compliance of this worker of post (profession), necessary for establishment. Assessment of professional level of the certified worker on its political views, moral, ethical maturity, the personality, beliefs and other net personal advantages, including degrees of his discipline is inadmissible. In case of determination of compliance of the worker of the position held by it results of increase in the professional training level, acquisition of new qualification and increase in its qualification for the last 5 (five) years are considered.

2.5. The certifying commission makes the decision by a majority vote according to the procedure of secret or open voting. Desire of representatives of labor collective in the appropriate place of work to be present at meeting of certifying commission as observers shall be provided.

2.6. The certifying commission accepts only one of 2 decisions on compliance or discrepancy of the worker of post (profession):

a) corresponds to post;

b) does not correspond to post.

At the same time the certifying commission in the made decisions makes recommendations of stimulation, increase in the qualification category, work charge rate, change of the official pay rate specified in the employment contract with the worker (but not below the level established by the legislation), allowances to involve the worker in training for the purpose of increase in its professional training, acquisition of new qualification and advanced training, inclusion in the list of reserve personnel for promotion on position, transfer to other work with the consent of the worker, release of the worker from work in case of its discrepancy of post, decrease in charge rate of work, and also on improvement of activities of persons which underwent certification. In exceptional cases by results of certification the certifying commission can take out recommendations of possibility of position assignment which requires special preparation and length of service, the worker who does not have the special preparation and length of service provided by qualification requirements, but qualitatively carrying out the obligations assigned to it and having proper practical experience. At the same time the certifying commission specifies the reasons of the corresponding recommendations.

2.7. Results of certification (assessment and recommendations, the summary of the questions asked certified and his answers) are brought in the appraisal sheet (is applied) constituted in one copy and signed by the chairman of certifying commission, her members participating in vote and person which underwent certification.

The certifying commission fills in the appraisal sheet on each worker.

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