Unofficial translation
In accordance with paragraph 7 of Article 139 of the Labor Code of the Republic of Kazakhstan, I hereby ORDER:
1. To approve the appended Rules and conditions for the certification of civil servants of the internal affairs bodies of the Republic of Kazakhstan.
2. To invalidate Order No. 1101 of the Minister of Internal Affairs of the Republic of Kazakhstan as of December 30, 2015 “On approval of the Rules and conditions for certification of civil servants of the internal affairs bodies of the Republic of Kazakhstan” (registered in the State Registration Register of Regulatory Legal Acts under No. 12759, published in the “Adilet” Legal Information System on January 15, 2016).
3. In accordance with the procedure established by the legislation, the Personnel Policy Department of the Ministry of Internal Affairs of the Republic of Kazakhstan (A.M. Saytbekov) shall:
1) ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the website of the Ministry of Internal Affairs of the Republic of Kazakhstan;
3) within ten working days of the state registration of this order, submit information on the implementation of measures, provided for in subparagraphs 1) and 2) of this paragraph, to the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan.
4. The control over the execution of this order shall be assigned to the supervising vice-minister of internal affairs of the Republic of Kazakhstan and the Personnel Policy Department of the Ministry of Internal Affairs of the Republic of Kazakhstan (A.M. Saytbekov).
5. This order shall take effect ten calendar days after its first official publication.
| Minister | E. Turgumbaev |
| Approved by Order No. 880 of the Minister of Internal Affairs of the Republic of Kazakhstan as of October 10, 2019 |
Rules and conditions for the certification of civil servants of the internal
affairs bodies of the Republic of Kazakhstan
Chapter 1. General provisions
1. These Rules and conditions for the certification of civil servants of the internal affairs bodies of the Republic of Kazakhstan (hereinafter referred to as the Rules) are developed in accordance with paragraph 7 of Article 139 of the Labor Code of the Republic of Kazakhstan as of November 23, 2015 and establish the procedure and conditions for the certification of employees of the internal affairs bodies of the Republic of Kazakhstan (hereinafter referred to as employees).
2. The employees are certified in order to determine their professional and qualification training, business qualities, to assign qualification grades (categories) to them.
3. The main evaluation criterion for the certification is the employees’ ability to perform their duties.
4. The employees are subject to certification, except for pregnant women and those holding their current position for less than six months.
5. The employees are certified after every three years of their civil service, but not earlier than six months of their taking this position.
Certification shall take place within six months of the specified date.
6. Employees who are on unpaid leave, on maternity leave, on three years’ parental leave are certified no earlier than six months after resuming their service.
If employees apply for assigning the next immediate category to them, they may be certified prior to expiration of the specified timing.
7. Certification includes a series of successive stages such as:
1) preparation for certification;
2) an interview with an employee conducted by a certification commission;
3) making a decision by the certification commission.
Chapter 2. Procedure and conditions for the certification
8. The certification is organized by the personnel service of the certification body on behalf of its head and includes the following activities:
1) preparation of necessary documents on employees to be certified;
2) development of certification schedules;
3) approval of the composition of certification commissions;
4) organization of explanatory work on the certification’s objectives and procedure.
9. Once every six months, the personnel service identifies employees to be certified in accordance with paragraph 5 and 6 of these Rules.
10. Upon the personnel service’s recommendation, the head of the organization issues an order to approve the list of certified persons, the certification schedule and the composition of the certification commission.
11. The personnel service shall notify the employees of the dates of certification in writing at least one month before it starts.
12. The immediate supervisor of an employee to be certified draws up a performance report on him/her and forwards it to the personnel service at least four weeks before the meeting of the certification commission.
13. The performance report provides a justified, objective assessment of professional, personal qualities and performance results of the certified person.
14. The personnel service shall familiarize the employee with the performance report on him/her at least three weeks before the meeting of the certification commission.
15. In case of disagreement with the performance report on him/her, the certified person shall inform the personnel service on his/her disagreement in writing.
The personnel service attaches the letter of disagreement of the certified person as an annex to the performance report.
16. A certification sheet for an employee subject to certification shall be executed in accordance with the form in Appendix 1 to these Rules.
18. The certification commission is set up by order of the head of a unit of the internal affairs bodies based on the recommendation of the personnel service and consists of members and the secretary of the commission. Its chairperson is appointed from among the members of the certification commission. The chairperson of the certification commission manages its activities, presides over its meetings, plans its work, exercises general control over its activities and decisions.
19. A certified person who missed a meeting of the certification commission for good reasons shall be certified after he/she resumes work.
If the certified person fails to appear for certification without good reasons, the certification commission shall take the decision provided for in subparagraph 3) of paragraph 21 of these Rules.
20. At its meeting, the commission examines submitted materials, listens to the certified person.
21. Pursuant to the examination of submitted materials and the interview with the employee, the commission takes one of the following decisions:
1) the person fits the position held;
2) the person shall be re-certified;
3) the person is unfit for the position held.
A decision of the certification commission is the basis for making a decision on the extension of the employment contract or its termination.
22. If the commission takes a positive decision, it assigns (confirms) the appropriate qualification grade (category) to (of) the employee or indicates the absence of grounds therefor.
23. The certification commission adopts a decision by show of hands. If a decision shall be made on an employee who is a member of the certification commission, he/she doesn’t take part in voting.
24. Employees recommended by the certification commission for recertification shall be subject thereto no earlier than three months of the initial certification in the manner specified by these Rules. The certification commission, after re-certification, takes one of the following decisions:
1) the person fits the position held;
2) the person is unfit for the position held.
If an employee fits the position held, the commission shall make a decision with account of paragraph 22 of these Rules.
25. Decisions of the certification commission are documented as the minutes signed by the chairperson, members of the certification commission and the secretary who were present at its meeting.
26. Within three working days of signing the minutes (in any form), the certification results are communicated to the certified person against signature, an he/she receives one copy of the certification sheet.
27. Approved decisions of the certification commission are entered into employees ‘certification sheets.
28. The certification sheet of the certified employee and the performance report on him/her are stored in his/her personal file. The decision of the certification commission approved by the head is also recorded in the employee’s service record.
Chapter 3. Appeal against decisions of certification commissions
29. In case of disagreement, employees appeal a decision of the Certification Commissions in the manner prescribed by the legislation of the Republic of Kazakhstan.
30. In cases of establishment of violations of the requirements of these Rules, the head of a higher unit of the internal affairs body cancels the order and schedules re-certification. Re-certification is carried out in accordance with paragraph 24 of the Rules.
| Appendix 1 to the Rules and conditions for the certification of civil servants of the internal affairs bodies of the Republic of Kazakhstan Form |
Certification sheet for an employee of the internal affairs bodies of the
Republic of Kazakhstan subject to certification
Type of certification: regular –
1. Surname, name, patronymic (if any) ___________________________________________
2. Date of birth "___" _________ _____
3. Information on education, advanced training, retraining (what educational institution the person graduated from and when, specialty and qualification by education, documents on advanced training, retraining, academic degree, academic rank, date of their conferral)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
4. Current position and date of appointment, qualification grade (category)
____________________________________________________________________
____________________________________________________________________
5. Total length of service – _______________________________________________
6. Total length of service in the current position ______________________________
7. Comments and suggestions of members of the certification commission:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
8. The certified person’s opinion: _________________________________________
____________________________________________________________________
9. Assessment of the employee’s performance by his/her immediate supervisor according to the performance report on the certified person
___________________________________________________________________
___________________________________________________________________
10. The meeting was attended by ______ members of the certification commission.
11. Assessment of the employee’s performance based on the voting results according to the attached scorecard filled in by each member of the certification commission:
1) fits the position held (number of votes) ______________
2) shall be re-certified (number of votes) __________________;
3) is unfit for the position held (number of votes)
___________________________________________________________________
12. Qualification grade category):
1) fits____________________(in words) the qualification
grade (category) (number of votes) ________________________________________
____________________________________________________________________
(separately for each qualification grade (category))
2) no grounds for assigning the qualification
grade (category) (number of votes) _____________________________________________
Summative assessment _______________________________________________________
__________________________________________________________________________
(qualification grade (category) in figures
__________________________________________________________________________
(in words)
13. Recommendations of the certification commission (indicating reasons therefor)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
14. Comments _________________________________________________________
_____________________________________________________________________
The certification commission’s chairperson: _________________________________
(signature)
The certification commission’s secretary: ____________________________________
(signature)
The certification commission’s members: ______________________________________
(signature)
_______________________________
(signature)
_______________________________
(signature)
_______________________________
(signature)
Date of certification "___" __________ 20___
Decision of the head of the organization pursuant to the certification results
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
I was familiarized with the certification sheet: _________________________________
(signature of the certified person and date)
Stamp of the organization
| Appendix 2 to the Rules and conditions for the certification of civil servants of the internal affairs bodies of the Republic of Kazakhstan Form |
Scorecard on an employee of the internal affairs bodies to be certified
(to be filled in by a member of the certification commission)
Type of certification: regular –
Surname, name, patronymic (if any)
________________________________________________________________
Position ______________________________________________________
Score of the certified employee _____________________________________________
(excellent, good, satisfactory, unsatisfactory)
Decision of the member of the certification commission (one of the mentioned below:
fits the position held; shall be re-certified; is unfit for the position held):
____________________________________________________________________
____________________________________________________________________
The certification commission member’s grounds for his/her decision:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Fits the qualification grade (category)
____________________________________________________________________
No grounds for assigning the qualification grade (category)
____________________________________________________________________
Grounds:________________________________________________________
____________________________________________________________________
The certification commission’s member _________________________________________
(signature)
The certification commission’s secretary ____________________________________
(signature)
Date "___" ____________ 20__
