До питання атестації бібліотекарів: правовий аспект та огляд судової практики

The article is devoted to the analysis of problematic legal issues of librarian performance review. It is noted that the legal regulation of performance review is regulated by the Law of Ukraine On Professional Development of Employees No. 4312-VI of January 12, 2012. It is emphasized that employees who pass performance review have the opportunity to establish themselves as qualified, competent and proactive employees, and to ensure career growth. In turn, employers have the opportunity not only to form a talent pool, but also to improve the efficiency and quality of collective work. It is emphasized that during performance review, a person is considered to be suitable for the position held, until otherwise established by the decision of the Performance Review Board. It is noted that no one can claim and officially define a person as unsuitable for the position held until such a decision is made by the Performance Review Board. Please note that the qualification mismatch is an evaluation category that depends on the specific circumstances of the case. It is emphasized that the decision of the Performance Review Board on unsuitability of an employee for the position held must be justified. It is concluded that performance review should always be carried out within legal framework. Not only the legal aspects of librarian performance review are studied, but also the case law on this issue. It is noted that there are a number of problems in this area, both legal and organizational. After all, this will allow to avoid adverse consequences for an employer. It is emphasized that the issue of professional competence of the composition of the Performance Review Board is not defined by the above Law. It is proposed to define at the legislative level the concept and clear criteria by which a highly qualified specialist can be identified. A number of scientific publications on this issue have been studied. General conclusions have been made that the current legislation in this area requires reform, and proposals have been made to improve legal regulation in this area, which will allow improving the procedure for employee performance review, in particular, making it more effective.