Execution of municipal officials and their attestation
The performance of duties on the position of the municipal service provides for the use of municipal authorities for the powers granted to him for the implementation of the established functions of the relevant local government body, for resolving the public problems of the municipality, serving the legitimate interests of a hundred people. In the performance of official duties, the municipal employee shall observe the rights and legitimate interests of citizens residing in the municipality and organizations that operate on its territory.
The municipal employee fulfills his duties in accordance with the job description.Job description of a municipal employee is the main normative document regulating the content and results of its activities and setting requirements for a municipal employee who replaces the municipal service of the corresponding group of posts.
The official instructions of municipal employees are designed to facilitate the proper selection, placement and consolidation of cadres of the municipal service in the relevant local government body, increasing their professionalism and responsibility for the results of their activities. Job descriptions are also intended to create the organizational and legal basis for the performance of the municipal employee and ensure its regulation. They allow for an optimal distribution of job responsibilities between municipal employees and exclude duplication of these duties in certain types of work. In addition, job descriptions can be used in assessing the performance of a municipal employee of a relevant local government body in the course of attestation and qualification examination, when citizens are admitted to the municipal service in the order of appointment or competition, when making decisions on the promotion of a municipal employee, him disciplinary penalties.
When developing job descriptions for municipal employees, it is necessary to proceed from the provisions of the US Constitution, the constitution (charter) of the United States entity, federal laws No. 131-Φ3 and No. 25-FZ, the laws of the United States entity on municipal service, state programs for the development of municipal service and local government , the charter of the relevant municipal entity and the regulations on the structural subdivision of the local government body in which the municipal employee works. Undoubtedly, at the same time, the goals and programs for the development of the municipality, the tasks and functions of a particular local government should be taken into account.
The structure of the job description of a municipal employee can be different. But the best option is when it consists of the following sections: & quot; General Terms & quot ;; & quot; Functions & quot ;; & Job; & quot ;; & & quot; Job rights & quot ;; Relationships (links but posts); Responsibility & quot ;; & quot; Performance Evaluation & quot ;, & quot; Final Provisions & quot;.
In addition to the job description, the municipal employee, in the performance of his duties, must observe the rules of internal labor regulations established in the local government body in which he worksRules of internal labor regulations - a local regulatory act of the local government that regulates in accordance with the US TC and other regulatory legal acts regulating labor relations, the procedure for the admission and dismissal of employees of the municipal authority, basic rights, duties and the responsibility of the parties to the employment contract, the mode of work, the time of rest, the incentives and penalties applied to employees.
The rules of the internal labor regulations are designed to strengthen the labor discipline in the local government, the rational use of their working time by municipal employees and other persons working in this body, as well as the improvement of labor organization in the municipal apparatus.
Often, local self-government bodies, guided by Federal Law No. 25-FZ, the US TC, the law of the relevant US entity on the municipal service, other regulatory legal acts of the Russian Federation and the United States entity, approve a special procedure for fulfilling duties on the post of municipal service. This local normative act is designed to improve the effectiveness of the organization of professional activities of municipal employees, to strengthen discipline in the municipal service, to increase its results activity. In addition, the said Procedure or other normative document, local self-government bodies establish criteria for assessing the quality of performance of official duties by municipal employees who replace municipal services in these bodies. These criteria are usually used when the attestation commission verifies the quality of performance of official duties by a municipal employee.
In order to determine the compliance of the municipal employee with the position of the municipal service, his attestation is carried out. The attestation of a municipal employee is held once every three years.
In accordance with Art. 18 of the Federal Law No. 25-FZ the following municipal employees are not subject to certification:
1) substitute posts of the municipal service for less than one year;
2) having reached the age of 60 years;
3) pregnant women;
4) who are on maternity leave or on leave to care for a child before reaching the age of three years (attestation of these municipal employees is possible not earlier than one year after leaving the leave);
5) substitute posts of the municipal service on the basis of a fixed-term employment contract (contract).
Based on the results of attestation of the municipal employee, the certification commission makes a decision on whether the municipal employee corresponds to the replaced position of the municipal service or does not comply. The Attestation Commission may make recommendations on the encouragement of certain municipal employees for their achievements in the work, including their promotion, and, if necessary, recommendations on improving the performance of certified municipal employees. The results of attestation are reported to the certified municipal employee immediately after summarizing the voting results. Materials of attestation are transferred to the representative of the employer (employer).
Based on the results of attestation, the representative of the employer (employer) decides on the encouragement of certain municipal employees for their successes in work or within a period of not more than one month from the date of certification of the lowering of the municipal employee in office with his consent. Based on the results of attestation, the attestation commission can give recommendations on the direction of individual municipal employees for professional development.
In case of disagreement of a municipal employee with a demotion or impossibility of transfer with his consent to another position of the municipal service, the representative of the employer (employer) may dismiss him from the municipal service within one month from the date of attestation in connection with the mismatch of the replaced position insufficient qualification, confirmed by the results of attestation. After the expiration of this period, the dismissal of a municipal employee or his demotion in the post on the basis of the results of this certification is not allowed.
A municipal employee has the right to appeal the results of attestation in court.
The Regulation on Conducting Attestation of Municipal Employees is approved by a municipal legal act in accordance with the model provision on the conduct of attestation of municipal employees, approved by the law of the United States.
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