APPEAL OF THE DECISION OF THE CERTIFICATION COMMISSION

Abstract

The article is devoted to the possibilities of protecting the labor rights and freedoms of employees when making decisions on establishing the right or refusing to establish it, if such a decision directly affects the legal status of the employee. The sub-department and procedure for consideration of a labor dispute depend on its nature. According to this criterion, disputes about the establishment of working conditions or their change (non-actionable disputes) and disputes about the application of established working conditions (actionable disputes) are distinguished. It is noted that the appeal of the decision on the establishment of working conditions or their change in connection with non-compliance with the procedure for its adoption or other violations of normative acts are disputes of a legal nature, and the appeal of the content of the decision in the absence of comments on the procedure for its adoption belongs to disputes of a non-liable nature. Determining the conformity of professional knowledge, abilities and skills of employees to the requirements and job duties established by legislation, assessing their professional level, and assigning a qualification category or title is done through attestation. The legislation provides for the possibility of appealing the decision of the attestation commission to the attestation commission of a higher level or to the court, but does not distinguish whether the employee is appealing against non-compliance with the decision-making procedure or the content of the decision itself. The higher-level attestation commission has the right to consider complaints not only about the content of the decision of the lower-level attestation commission, but also about non-compliance or violation of the decision-making procedure, failure to take into account circumstances that are important for objective decision-making, etc. As for legal proceedings, every person has the right to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests. Therefore, in the absence of a dispute regarding violated, unrecognized, or disputed rights, freedoms, or legitimate interests during the attestation of an employee, the court cannot make a decision on the legality or illegitimacy of the decision of the attestation commission. Therefore, complaints in which violations of the law during the employee attestation are noted as the reason for the annulment of the attestation commission’s decision can be considered both by courts and by attestation commissions of a higher level. Appeals of the decision as biased and biased without violating the procedure for its adoption should be considered exclusively by higher attestation commissions.