Which relevant ministry approved the professional standard? Professional standards

The working qualifications of employees must meet strictly defined requirements - professional standards. While receiving education, the future professional must acquire a set of certain competencies, the combination of which forms the mentioned standard. Exactly the same, ideally, should be required from a specialist when applying for employment.

Why is the concept of “professional standards” needed in the modern regulatory framework? How to apply them in practice? Who will need them first? Let's try to look at this legislative innovation, which came into force in the summer of 2016.

How did you live without professional standards before?

TC operates with the term “ qualification"(Article 195), meaning by it the specific level of labor skills, special knowledge, and work experience required for a particular position. When a person was hired for a “position according to his qualifications,” this meant that he must meet the qualification characteristics of this position given in the Unified Qualification Directory (USC).

This document today is almost hopelessly outdated: many of the positions listed in it simply no longer exist, while many modern professions are not mentioned at all. “Modernizing” unified qualification reference books would be too time-consuming and impractical. A new level of eliminating this problem was needed.

It was decided to replace this regulatory framework with a more convenient and universal tool for determining the minimum qualifications - professional standards.

Professional standards and other related concepts

It is right to assert that professional standards are qualification characteristics brought into greater compliance with the demands of our time. Legislators, approving the procedure for the development and application of professional standards (Resolution of the Government of the Russian Federation No. 23 of February 22, 2013), used modernized combinations of claims to professions, having previously honed them in detail in specialized circles.

Professional standard in relation to qualification requirement is more realistic, closer to labor reality.

IMPORTANT! The definitions of “qualification” and “professional standard” are not identical: Art. 195 of the Labor Code of the Russian Federation in paragraph 1 specifies that the professional standard is a characteristic of qualifications. The concept of “professional standard” was introduced into the Labor Code only in 2012.

A related term given in the Labor Code and other regulatory documents is “ labor function" Art. 57 of the Labor Code obliges the employer to indicate it in the text of the employment contract, that is, to clarify the work that the employee will have to perform within the framework of his position, which does not contradict his qualifications. Now, for this purpose, you can use the approximate definitions of positions listed in section III of the required professional standard. But then the employee must meet the set of requirements given to them.

ATTENTION! A professional standard does not define positions or even professions, but an area of ​​activity, which is why it is more universal. For example, the “Accountant” standard provides for the same job title, and the head of the human resources department can be found in the “HR Specialist” professional standard.

Key areas of professional standards

In what specific aspects of the employment relationship should professional standards apply? The legislative framework provides for three main areas of their application.

1. Work with personnel at the enterprise:
   • personnel policy;
   • job descriptions and their changes;
   • employee pricing;
   • certification;
   • organization of professional development, etc.
2. Relationship between education and professional activity. They plan to develop educational programs taking into account professional standards, that is, the future employee will master a set of necessary and sufficient professional characteristics. Situations where a graduate in a certain specialty has one set of competencies, but the employer needs a completely different one, are unacceptable.
3. Reflection of real professional experience. When developing assessment strategies for obtaining a certificate or diploma of a particular level, not educational successes, as before, will be taken into account, but the current requirements for the profession, reflected in the standards.

Where can I meet them?

The Ministry of Labor of the Russian Federation adopted approximately 8 hundred of the 1000 planned professional standards. The immediate plans (no later than in two years) include the adoption of 2 thousand names of standards.

Initially, they were going to start introducing them into practice from the public sector. It was assumed that commercial organizations would set themselves a set of requirements for their employees. However, this idea is considered unproductive. Federal Law No. 122 clearly states that professional standards apply to all labor spheres and enterprises of all forms of ownership:

• government agencies;
• budgetary organizations;
• commercial structures;
• non-profit associations;

As we implement materials about professional standards, we will post them here. Follow the links at the bottom of this page.

Who shouldn't evade professional standards?

Since July 1, 2016, the use of standards has been declared an indispensable condition for all entrepreneurs, as required by the Labor Code or other documents. That is, when hiring an employee for whose field of activity the professional standard has already been approved, the employer must certainly use it, and not the qualification reference book. If the required standard for a given profession has not yet been adopted, you can still use the qualification directory.

When the positions in the EKS and in the professional standard are the same, preference should be given to the professional standard as a more modern option.

What specific requirements for an employee (according to standards or according to the Unified Social Standard) the employer will be guided by must be specified in its local legal acts.

NOTE! If the type of professional activity provides for certain benefits (for example, early retirement, payment of compensation for harm, etc.) or restrictions, then such a position must be named in strict accordance with the professional standard or EKS, if such a standard does not yet exist.

How to start applying professional standards?

1. Open the list of professional standards published on the official website of the Ministry of Labor of the Russian Federation.
2. Write down the names of positions from your staffing table.
3. Find the standard that matches each job on your list. To do this, you need to look at whether the competencies specified in the standard correspond to your requirements for a particular position. So, for IT specialists there are about 27 professional standards, and you need to study which of them your IT specialist will correspond to.
4. Compare HR documents with approximate job titles from the text of the professional standard. If this position does not have benefits, compensation or restrictions, it is not necessary to name it according to the standard.
5. If the standard you need is not yet in the registry, ask when it will be adopted; you may have to switch to it soon anyway.
6. If your employee’s qualifications do not meet the professional standard, you as an employer can choose one of the following options:
   • dismiss an employee based on the results of certification;
   • organize his vocational training.

IMPORTANT INFORMATION! An employee’s non-compliance with the professional standard is a violation of the Labor Code, which provides for the responsibility of the employer: a cake maker cannot “make boots.”

Possible sanctions from the labor inspectorate

Employers were informed of the need to switch to the requirements of professional standards a year before Federal Law No. 122 came into force. Thus, the Ministry of Labor theoretically assumes that all entrepreneurs in the country are actively involved in the implementation of professional standards. If this is not the case, so much the worse for them.

From July 1, 2016, the labor inspectorate has the right to check compliance with the law in this area, and if the Labor Code contains any requirements for the qualifications of employees, then professional standards must be applied according to them without exception. Administrative liability can range from 30 to 100 thousand rubles.

Immediate plans

As planned by legislators, independent centers will soon open that evaluate qualifications according to professional standards. By assessing your level as a professional and receiving a certificate that meets a certain professional standard, you can significantly improve your position in the labor market. And the employer can send its employees to such centers instead of internal certifications.

In this article we will look at professional standards in 2017. Let’s find out who draws up professional standards. Let's figure out what consequences professional standards have for workers.

Professional standards (PS) are intended to determine the qualification level required for a certain specialty. Recommendations for the use of professional standards have been in effect since July 1, 2016, after the introduction of Art. 195.1 – 195.3 Labor Code of the Russian Federation. The introduction of standardization of qualification requirements is part of a plan to increase labor productivity and modernize workplaces. The requirements of professional standards are advisory in nature, with the exception of cases of mandatory application for a number of specialties.

Description of the application of the professional standard

Order No. 667n of the Ministry of Labor dated September 29, 2014 approved a list of areas of activity for which the application of PS requirements is a mandatory condition for the performance of job duties. Employers have the right to subject employees' qualifications to independent assessment and revise job descriptions.

Job titles depending on professional standards

The developed professional standards (PS) cover activities in the profession, not limited to a specific position. As a result of the implementation of the PS and changes in functions, enterprises can rename positions previously approved by the staffing table.

The names of positions that involve prerogatives in the form of compensation, preferential length of service or restrictions due to special working conditions must be named according to the names of the tariff reference book. The use of professional standards for these positions is mandatory. The names of positions that do not have special requirements are determined by the employer at its own discretion.

An example of the mandatory use of a tariff reference book

Laboratory doctor M. performed labor duties at the SES for a long time to conduct laboratory research. In the staff of the organization, the position is named as a laboratory doctor. The work is carried out in hazardous working conditions, which give the right to a preferential pension. After contacting the Pension Fund of Russia, employee M. learned that an entry in the work book that contradicts the ETKS does not give the right to early retirement. Conclusion: A job title that does not comply with the directory may not allow the employee to take advantage of the benefits provided in accordance with special working conditions.

Professional standards: the need for the development and implementation of professional standards

Professional standards are normative acts and, if used optionally, can be used as a basis for the creation of local acts or use in activities.

Enterprises use professional standards in the following cases:

• Development of a system of requirements when conducting a competition to fill a vacant position, presenting requirements for employment;
• Drawing up job descriptions for staff members;
• Determining the optimal remuneration system for specific positions;
• Developing a training plan or conducting certification of employees;
• Determination of the optimal personnel management system.

The implementation of the professional standard is carried out by a commission acting on the basis of an order. The development of the PS is carried out by the Ministry of Labor and Social Protection. At the development stage, proposals for the project can be submitted by enterprises, professional societies, self-regulatory organizations or other persons. The responsibility for approving professional standards rests with the Ministry of Justice.

Register of professional standards and sub-registries

Systematization of approved professional standards is carried out by entry in the register. The data is grouped by areas of professional activity. The standards included in the list are approved by the Ministry of Labor. The list is presented on the official website of the Ministry. The PS is placed on the list within 10 days after its approval by the Ministry of Justice.

The register includes sub-registries:

• Register of PS in the form of a list of approved registers by type of activity;
• A list of councils containing information about organizations that have the powers of a qualifications council and formed commissions or bodies on the initiative. The sub-register indicates the grounds for granting powers to councils and the persons responsible for their work.

The register information contains data on planned changes in the databases and new developments in the field of professional requirements. The addition of new standards is carried out primarily for professions in priority areas in the economy. Standards under development do not constitute a normative act until approved by the Ministry of Justice.

The standards used in the development of the PS are contained in the methodological recommendations approved by Order of the Ministry of Social Protection of the Russian Federation dated April 29, 2013 No. 170n. Based on the provisions of the order, the PS must include sections:

• General provisions on professional standards. Determines the type of economic activity in which the software is used. The section contains the tasks of the profession, purpose, description of activities;
• Characteristics of labor functions of professional activity. The description is carried out generally for the profession and separately for each of the possible levels;
• Description of generic functions. The section indicates the origin of the generalized function, a possible list of job titles in accordance with reference books, qualification requirements and other characteristics;
• Information about the developer of the professional standard. It is the responsibility of the developer to ensure that the project is discussed in the media.

Consequences of the introduction of PS for employees

When implementing the PS, the employer must apply the requirements not only to newly hired employees, but also to those working under employment contracts. The employer has the right to take the following actions:

• Check whether the employee’s qualification level meets the requirements. Certification is carried out by the enterprise commission or training center;
• If the conditions change, enter into an additional agreement drawn up in writing by agreement of the parties (Article 72 of the Labor Code of the Russian Federation). The employer has the right to issue a new job description if the job function remains unchanged. The employee is notified in advance of changes in conditions with an offer to switch to new conditions or dismissal in case of refusal;
• If the employee refuses to transfer to new conditions and there are vacant positions, the employer must offer them to the employee;
• Dismiss the employee under clause 7, part 1, art. 77 Labor Code of the Russian Federation.

The approval of a new job description does not constitute a change in the job function and cannot be challenged by the employee in court.

Responsibility of an employer who does not apply professional standards

Enterprises that use professional standards as recommendations are exempt from liability for their non-use. Sanctions are imposed on employers who employ professions for which the application of the PS is mandatory.

Refusal to apply standards is recognized as an administrative offense under paragraph 4 or 5 of Art. 5.27 Code of Administrative Offences.

The procedure for introducing standards at an enterprise

The enterprise approves a schedule of actions for introducing standards:

An additional agreement on the changed conditions must be signed by the parties after the expiration of 2 months (for individual entrepreneurs - 2 weeks) from delivery of the notification.

Application of professional standards for different types of professions

Answers on questions

Question No. 1. Does the organizational form of an enterprise or sources of financing matter when introducing professional standards?

Answer: The legislation establishes a uniform procedure for the application of professional standards for enterprises, regardless of their organizational form.

Question No. 2. Does an employer have the right to dismiss an employee without evidence whose qualifications do not meet the requirements of professional standards?

Answer: The law does not provide for the dismissal of employees who do not meet the requirements of the PS. The employee is invited to undergo certification and advanced training. Termination of the contract is possible only if the employee does not agree to perform duties due to changed working conditions.

Question No. 3. How is the standard implemented for an employee whose positions combine several professions?

Answer: There is a section in the professional standards, the data of which is used for positions that combine more than one function. Legislative norms contain sources of information and job titles for general labor functions. The procedure for developing instructions and requirements is determined by the employer.

Question No. 4. Where can I take part in the discussion of the draft professional standard?

Answer: Project developers ensure the publication of PS projects that are at the development stage. To notify those wishing to participate, the organization of forums on the Internet, conferences, placement of the project on the official website of the developer, and publications in the media are used.

Question #5. What information can be based on the development of PS instructions that are of a recommended nature?

One-click call

The Ministry of Labor has prepared a new professional standard “Accountant”. The text of the draft order with the updated standard is published on regulation.gov.ru. According to the changes, the 7th and 8th qualification levels have been added to the currently existing 5th and 6th. Separately, the standard highlighted such competencies of the chief accountant as preparing reports for separate divisions, providing accounting services, preparation of consolidated statements, etc.. At the same time, specialists who meet the highest qualification level – 8th – can prepare and present consolidated financial statements (IFRS). It is also expected that accountants will be required to undergo advanced training at least once every three years.

Thus, the professional standard confirmed the trend of strengthening the role of IFRS (changes in PBU 1/2008, 402-FZ, FSBU development program for 2017–2019 based on IFRS) in the legal regulation of accounting in Russia. In the near future, knowledge of IFRS will be needed by every chief accountant, both in large and small businesses. Accountants, auditors and financial services employees are advised to monitor innovations in order to prepare for their application.

“Information from the Russian Ministry of Labor on the application of professional standards”

1. Why are professional standards developed and adopted?

Professional standards are comprehensive and reveal the knowledge and skills necessary for an employee to perform job functions. Maintaining up-to-date information about in-demand and promising professions, modern requirements for employees and taking these requirements into account in the personnel training system should be ensured by the state. Increasing the professional level of workers has a significant impact on labor productivity, reducing costs for employers to adapt workers during employment, as well as on the competitiveness of workers in the labor market.

Regarding issues that arise in practice in connection with the implementation of professional standards, it should be noted that the responsibility and authority to make personnel decisions are the powers of employers, and the professional standard sets the bar for modern requirements and guidelines for building personnel policies.

2. How often will professional standards be updated/added?

The development of professional standards in accordance with Decree of the Government of the Russian Federation of January 22, 2013 No. 23 “On the Rules for the development, approval and application of professional standards” (hereinafter referred to as Decree of the Government of the Russian Federation of January 22, 2013 No. 23) is carried out taking into account priority areas economic development and proposals from the National Council under the President of the Russian Federation for professional qualifications.

The need to develop professional standards is also determined taking into account the information in the Directory of new and promising professions in demand on the labor market (as amended by Order of the Ministry of Labor of Russia dated February 10, 2016 No. 46).

Draft professional standards can be initiated and submitted for consideration to the Russian Ministry of Labor in the prescribed manner by various organizations.

Changes to professional standards are made, like other regulations, if there are justified proposals or corresponding changes in the legislation of the Russian Federation. Amendments are made in the same manner as development and approval in accordance with Decree of the Government of the Russian Federation of January 22, 2013 No. 23.

3. Where can I get acquainted with the content of professional standards? How can I find out about plans for the development (updating) of professional standards, changes to professional standards or the adoption of new professional standards?

The Russian Ministry of Labor maintains a Register of Professional Standards (a list of types of professional activities), which is posted on the websites of the software and hardware complex “Professional Standards” (http://profstandart.rosmintrud.ru) and the Scientific and Methodological Center for the System of Professional Qualifications of the Federal State Budgetary Institution "Research Institute Labor and Social Insurance" Ministry of Labor of Russia (http://vet-bc.ru). These same resources contain all the information about professional standards, including those being developed and planned for development.

In addition, professional standards approved by orders of the Russian Ministry of Labor are posted in legal information reference systems.

4. Will ETKS and EKS be cancelled?

In the future, it is planned to replace the ETKS and EKS with professional standards, as well as individual industry requirements for the qualifications of workers, approved by legislative and other regulatory legal acts that already exist (for example, in the field of transport, etc.). But such a replacement, according to the Russian Ministry of Labor, will take place over a fairly long period.

5. If the qualification directory and professional standard for similar professions (positions) contain different qualification requirements, then what documents should the employer use?

The employer independently determines which regulatory legal act he uses, except for cases provided for by federal laws and other regulatory legal acts of the Russian Federation.

6. In what cases is the application of professional standards mandatory? Are employers required to apply the requirements for employee qualifications contained in professional standards, including when hiring? According to Article 195.3 of the Labor Code of the Russian Federation (LC RF), professional standards are applied “as the basis for determining requirements for the qualifications of workers.” How should it be determined which requirements should be used as a basis? Is there a minimum required? In what cases is it permissible to increase the requirements, and in what cases is it permissible to reduce the requirements? What are the changes from July 1, 2016, if those qualification requirements, which will require a professional standard, were previously established by laws and other regulatory legal acts?

ATTENTION! Based on the professional standard, each specialist can outline specific directions for acquiring the necessary knowledge and skills. We invite you to take advantage of our comprehensive offer - attend the course and get access for 6 months to distance courses on IFRS and taxes, including for obtaining international qualifications DipIFR and DipNRF.

7. Does the mandatory application of professional standards apply to all employers or only to state and municipal organizations?

The mandatory application of the requirements of professional standards is established for the cases provided for in Articles 57 and 195.3 of the Labor Code of the Russian Federation, and does not depend on the form of ownership of the organization or the status of the employer.

As for state and municipal organizations, given the importance of introducing professional standards to increase labor productivity and ensure the quality of work (services) performed, these organizations should analyze the professional competencies of workers for compliance with professional standards, and, if necessary, draw up a plan for training workers and additional professional education of workers within the budget for the corresponding year.

8. Professional standards approved by the Ministry of Labor of Russia are normative legal acts. According to part one of Article 195.3 of the Labor Code of the Russian Federation, if the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain job function, professional standards in terms of these requirements are mandatory for application by employers. Does this norm mean that the requirements contained in professional standards are mandatory for application?

According to Article 195.3 of the Labor Code of the Russian Federation, professional standards are mandatory for application by employers in terms of the requirements they contain for the qualifications necessary for an employee to perform a certain labor function, provided for by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation. Thus, only in terms of the requirements established in the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation, the requirements of the professional standard are mandatory.

When applying the above provision of Article 195.3 of the Labor Code of the Russian Federation, other regulatory legal acts mean decrees and orders of the Government of the Russian Federation, orders of federal executive authorities that establish special requirements for employees performing certain labor duties of a regulatory legal nature (for example, orders Ministry of Transport of Russia, etc.). In this case, these regulatory legal acts apply in terms of requirements.

9. Should the requirements of the professional standard be spelled out in the employee’s employment contract/job description in full or may there be any assumptions?

The employer determines the content of the employment contract taking into account Article 57 of the Labor Code of the Russian Federation and the job responsibilities of employees. In this case, the professional standard can be applied as a recommendatory methodological document, in addition to the requirements contained in it, provided for by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation.

The employer applies professional standards to determine the need for workers with a certain level of qualifications, the correct selection and placement of personnel, the rational division and organization of labor, the delimitation of functions, powers and responsibilities between categories of workers, the determination of the labor responsibilities of workers taking into account the characteristics of the technologies used, the organization of training (professional education and vocational training) and additional professional education of workers, labor organization, establishment of remuneration systems.

Regarding issues that arise in practice in connection with the implementation of professional standards, it should be noted that the responsibility and authority to make personnel decisions are the powers of employers.

10. Can the responsibilities of employees, education and experience requirements change automatically due to the adoption of a professional standard? Can an employment contract with an employee be terminated if his level of education or work experience does not meet those specified in the professional standard? Fire him (if he refuses to undergo training)? There is no such basis in the Labor Code of the Russian Federation.

The responsibilities of employees cannot change automatically due to the adoption of a professional standard.

The objective basis for changing the duties associated with the performance of any work (service) is a change in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), and even in these cases, according to Article 74 of the Labor Code of the Russian Federation, the change the employee's labor function at the initiative of the employer is not allowed. It can be carried out in accordance with Articles 72, 72.1 of the Labor Code of the Russian Federation on the basis of an agreement between the employee and the employer to change the terms of the employment contract determined by the parties.

Regarding the compliance of employees with the requirements for education and experience contained in professional standards, please note that these requirements are mandatory in cases where the performance of the relevant work is associated with the presence of benefits, guarantees and restrictions, or if the relevant requirements have already been established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

The entry into force of professional standards is not grounds for dismissal of employees. The permission of an employee to perform a job function is the authority of the employer.

The employer also has the right to conduct certification of employees. Thus, when applying qualification reference books and professional standards, persons who do not have special training or work experience established in the section “Qualification Requirements”, but have sufficient practical experience and perform their job duties efficiently and in full, on the recommendation of the certification commission are appointed to appropriate positions in the same way as persons with special training and work experience.

11. Should workers match their qualifications with the requirements of professional standards? Is the employer responsible for providing training and expenses?

According to Article 196 of the Labor Code of the Russian Federation, the need for training (vocational education and vocational training) and additional professional education of employees for their own needs is determined by the employer. Training of employees and their additional professional education are carried out by the employer on the terms and in the manner determined by the collective agreement, agreements, and employment contracts.

12. If the duties performed by an employee are broader than those contained in the professional standard of labor functions and labor actions, does he have the right to demand additional payment for combining professions?

The issue is not related to the application of professional standards.

When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is remunerated taking into account the provisions of Article 151 of the Labor Code of the Russian Federation.

13. What sanctions will be applied for non-application or misapplication of professional standards?

The Labor Code of the Russian Federation establishes the mandatory application of the requirements contained in professional standards, including when hiring workers, in the following cases:

According to part two of Article 57 of the Labor Code of the Russian Federation, the names of positions, professions, specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books or professional standards, if in accordance with the Labor Code of the Russian Federation or other federal laws with the performance of work for these positions, professions , specialties are associated with the provision of compensation and benefits or the presence of restrictions;

According to Article 195.3 of the Labor Code of the Russian Federation, the requirements for the qualifications of employees contained in professional standards are mandatory for the employer in cases where they are established by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation.

Thus, if the specified mandatory legal requirements are not met, the employer may be issued an order to eliminate identified violations of labor legislation, and he may also be brought to administrative liability in accordance with Article 5.27 of the Code of Administrative Offences.

In other cases, the requirements of inspection bodies regarding the application of professional standards are unlawful.

The article will help you find out what professional standards are and how to apply them from July 1, 2016. Where can I find a complete list of PS. Who is a professional teacher according to the new standards for teachers and accountants?

Since July 1, 2016, professional standards began to apply to many professions. They include a list of requirements and conditions. Which must be observed in relation to employees. About how to correctly implement professional standards for educators, teachers, accountants. You can find out what documents you should study and what you face for failure to comply with the law from this article.

Professional standard - what is it?

The professional standard 2019 is a characteristic of qualifications. Which is necessary for an employee to be able to work in a certain profession.

This concept includes requirements for skills and abilities. also work experience. It was included at the end of 2012. The rules of application were approved by Decree of the Government of the Russian Federation No. 23 of January 22, 2013. The article regarding professional standards is valid from July 1, 2016.

At the moment, there are approximately 800 documents in the register of professional standards on the website of the Ministry of Labor and Social Protection of the Russian Federation. By the end of 2016, this figure should increase by at least another 200. Next, the ministry will increase the list of mandatory standards to 2000.

From July 1, 2016, the new Labor Code of the Russian Federation will come into force. Which is called “The procedure for applying professional standards.” Employers will be required to apply professional standards. If the qualification requirements that an employee needs to perform a certain job function are established by the Labor Code. Federal laws or other regulations. (Article 11 of the Education Law, as well as Article 73). For other employees, professional standards are advisory in nature.

Employers, guided by professional standards, can make changes to job descriptions. Staffing table, review local regulations ( Rules development and approval of professional standards. Approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23).

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To whom and how to apply professional standards from July 1, 2016

Professional standards must be applied, if the requirements for employee qualifications are established by the Labor Code. Federal laws or other regulatory legal acts (Article 195.3 of the Labor Code of the Russian Federation). For a list of professions for which requirements are established by law, see the table.

There are two cases when the name of a position must be indicated as in the professional standard, even if it is not necessary to use it.

1. if the work entitles you to compensation or benefits.

2 . If the work involves restrictions. This is the rule of paragraph 3 of part 2 of the Labor Code of the Russian Federation.

If the professional standard has not been approved for such professions, indicate the position according to qualification reference books. This is relevant, for example, for doctors and teachers who are entitled to benefits: additional vacations, reduced working hours, preferential pensions.

Where is the list of mandatory professional standards posted?

The professional standard is developed and adopted by the Ministry of Labor of the Russian Federation. Further, in order for the specified document to gain legal force, it must be registered with the Ministry of Justice of the Russian Federation.

The official register of approved professional standards in Russia is essentially all professional standards registered with the Ministry of Justice.

IMPORTANT! Before you begin to be guided by professional standards published for review on the Internet. It should be reliably verified that they are registered with the Ministry of Justice. Often such documents are posted by the Ministry of Labor for comments.

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Official list of professional standards website of the Ministry of Labor

A list of approved professional standards for teachers, personnel officers, and accountants since 2016 is provided.

What kind of education should teachers have according to professional standards?

The general requirements of professional standards for teacher education do not take into account the specifics of additional education institutions. The teacher must have education in the field of training and specialties “Education and Pedagogical Sciences”.

The new professional standard changed the educational requirements for methodologists and made them equal to teachers. Therefore, if you have already transferred methodologists whose education does not correspond to the areas of preparation of higher education and specialties “Education and Pedagogical Sciences” to the old professional standard, then it is better to return them to the conditions of the qualification directory.

Employees with an education in the Humanities (historians) will not be able to work as methodologists. “Society Sciences” (psychologists, lawyers, economists)

Unlike the old one, the new professional standard does not require training workers in additional professional programs. According to the profile of teaching activity, at least once every three years. However, this requirement is in paragraph 2 of part 5 of article 47 of the Federal Law of December 29, 2012 No. 273-FZ. Therefore, once every three years, a teacher still needs to be sent for advanced training.

Whether the employee needs additional education is decided by the commission when certifying the employee. Or the head of the institution (Article 196 of the Labor Code). However, if an employee’s education does not correspond to the programs implemented in the institution, it is better for such a specialist to receive additional education.

Application of professional standards

1. Organization of employee certification.
2. Personnel Management.
3. Development of job descriptions.
4. Formation of personnel policy.
5. Tariffing of works.
6. Organization of employee training.
7. Assignment of tariff categories.
8. Establishment of a remuneration system.

As already noted, PS will become mandatory for some categories of workers. The application of professional standards is mandatory in cases where the requirements for the qualifications of workers are established in the Labor Code of the Russian Federation and other regulatory legal acts.

Thus, according to Part 4 of Article 7 of Federal Law No. 402 of December 6, 2011, in insurance companies, non-state pension funds, public joint-stock companies, the chief accountant must have:

• Work experience of at least 3 years over the last 5, if you have the appropriate education. Necessarily related to accounting, auditing, etc.
• Work experience of at least 5 years out of the last 7, if there is no education corresponding to the activity.
• Higher education by profession or not.
• No criminal record (unexpunged or outstanding) for illegal acts committed in the economic sphere.

It is worth noting that other organizations (not listed in the previous paragraph) can hire workers without going through these conditions.

Based on the professional standard of the Russian Federation, the employer has the right to approve new job descriptions. Sometimes, as a result of such changes, the range of responsibilities of employees may become more extensive. Under no circumstances should this action be performed without notifying the employee. According to Part 2 of Article 72 and Part 2 of Article 74 of the Labor Code of Russia, the employee must be warned about the above circumstances at least 2 months in advance and give his consent if everything suits him.

IMPORTANT! If an employee does not meet the 2016 professional standards, then it is still impossible to dismiss him on this basis. He can be deprived of his job only if the results of his certification are poor or if the organization does not have a vacant position for him that matches his knowledge and skills. The employee may also be offered additional education in order to further meet the professional standard.

Question: What punishment does the employer face if he refuses to implement the PS, but this rule is mandatory by law?
Answer: According to the provisions of the Code of Administrative Offenses, the following punishment options are provided for such a violation:

1. If violated for the first time - a warning.
2. For organizations - a fine of 30-50 thousand rubles.
3. For officials - a fine of 1-5 thousand rubles.
4. For individual entrepreneurs - a fine of 1-5 thousand rubles.

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Transition to professional standards professional accountant, teacher

At first glance, it may seem that the implementation of professional standards is not a labor-intensive process and one responsible employee can easily carry out this procedure. Actually this is not true. Therefore, it is recommended to form a group of employees so that they draw up a plan for the transition to professional standards.

The composition of the specified group (it can be compiled in free form). The legislation does not provide special instructions in this matter.

Specialists who need to familiarize themselves with the list of professional standards and use the information received in their work:

• From the HR department.
• From accounting.
• From the economic planning department.
• From the legal department.

Approximate plan for the transition to Russian professional standards:

1. Divide the entire process into separate sectors. This will make it easier to track.
2. Determine the framework for submitting draft documents from performers.
3. Identify responsible persons responsible for implementing the plan.

Familiarization of the employees responsible for the implementation of the plan must be confirmed by their signature in the appropriate document.

The working group will have to determine the compliance of the positions available in the organization with the professional standards of 2016. To do this, it is worth referring to the staffing table.

Next, choose the PS that is suitable for the position and compare the real goal of a certain type of professional activity with that reflected in the document. Having carefully studied this issue for each of the positions, you can select the appropriate professional standard.

IMPORTANT! The name of the PS is not equal to the name of the position, since it covers the entire type of activity with the general characteristics of positions, and not a specific profession. Also, as a result of working with the PS, there may be a need to rename positions.

Introduction of professional standards point by point (summarizing what was said in the section):

1. Issuance of an order to create a commission for the implementation of PS in the organization.
2. Conducting a commission meeting
3. Drawing up an implementation plan.
4. Determining the correspondence of positions in the organization and existing PS.
5. Rename positions if necessary.
6. Incorporating changes and innovations into job descriptions.
7. Making changes to the wage system.
8. Development and implementation of activities aimed at retraining workers.
9. Certification of workers.
10. Carrying out other organizational activities for the implementation of the PS.

If the work entitles the employee to any benefits or compensation, and is also associated with restrictions, then the employment contract should reflect the name of the position in the same way as in the PS or qualification reference books.

It is worth noting that there may be differences between the qualification reference book and professional standards. For example, positions that are entitled to a preferential pension do not match. The equivalence of these concepts is planned to be established in the future by the Government of the Russian Federation. The decision on this issue must be documented in a protocol. Because in the event of an audit, it is the protocol that will answer the question - “Why is the job title not the same as that indicated in the PS.” This fact will also help in case of conflicts with employees or complaints from inspection authorities.

The PS reflects fairly detailed information regarding the requirements for the education of specialists, as well as their work experience and other knowledge and skills.

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Qualification requirements for specialists in various industries

For an accountant of a budgetary institution:

1. The minimum requirement is secondary specialized education.
2. Work experience - at least 3 years for a simple accountant, at least 7 years for a chief accountant, including 5 years in the relevant field.

For the head of an educational institution:

1. Prior to appointment, work in a teaching or management position for at least 3 years.
2. Do not have a ban on engaging in teaching activities.

For the head nurse:

1. Secondary specialized or higher education in nursing.
2. If you have a specialized secondary education, you must have at least 10 years of experience; if you have a higher education, you must have at least 5 years of experience.

For the programmer:

1. For a programming technician, as well as a junior programmer, the absence of higher education and work experience is acceptable.
2. It’s the same for a programmer, but work experience must be at least 6 months and must be in the field of software development.
3. A software engineer and senior programmer must have a higher education and at least one year of experience in the specified field.
4. For a leading programmer, higher education and at least 3 years of experience are required.

Thus, by comparing the positions available in the organization with the PS requirements, it is possible to find out whether the employees meet the basic requirements. If the answer to this question is negative, the employee can be offered two options - send him for training or transfer him to another position that corresponds to the level of his knowledge, experience and education. By the way, training can be paid for both by the organization and by the employee himself. The training procedure is fixed in the employment contract or an additional agreement to it.

After determining the needs of employees for training and retraining, a training plan for the current year should be drawn up and submitted to the manager for approval.

This document contains the following information:

• Last name, first name, patronymic of employees.
• Positions.
• Description of required training or retraining.
• Explanation of the reasons for sending employees to training.
• Period of training events.
• Reasons for choosing a specific educational service provider.

This document may be useful in the event of an audit, as it reflects the fact that the employer has conscientiously implemented professional standards.

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Who draws up the professional standard of a teacher and others

Who it professional teacher? Additional information and documents are provided for the application of professional standards for teachers, accountants, and auditors.

PS can be compiled:

1. Employers.
2. Professional communities.
3. Self-regulating companies.
4. Other non-profit companies with the participation of educational institutions of vocational education and other organizations that are interested in this.

Professional standards

1. Register of professional standards
2. Dictionary and reference guide "Development and application of professional standards"
3. Expert database for developing and discussing professional standards
4. Register of professional qualifications councils

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The Ministry of Labor in letter No. 14-2/ОOG-6465 dated July 6, 2016 once again reminds that professional standards are only advisory in nature for many employers.

But, if, in accordance with the Labor Code of the Russian Federation or other federal laws, the performance of work in positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then according to the names of positions, professions, specialties and qualification requirements for them must correspond to the names and requirements, specified in qualification reference books or professional standards.

In cases where the names of positions, professions, and specialties are contained in both qualification reference books and professional standards, the employer independently determines which regulatory legal act to use, with the exception of cases provided for by federal laws and other regulatory legal acts of the Russian Federation.

Scientific and technological progress, the development of production and technology, as well as the changing labor market require the constant development of professional skills and competencies of the employee. Qualification reference books, in turn, are gradually becoming outdated: either they do not contain new professions at all, or their descriptions do not correspond to reality. This is precisely what determines the need to change the current qualification system, or rather, the replacement of the Unified Tariff and Qualification Directory of Work and Professions of Workers (UTKS) and the Unified Qualification Directory of Positions of Managers, Specialists and Employees (USC) with a system of professional standards. In this article we will try to answer the most pressing questions regarding the application of professional standards.

What is a professional standard?

The concepts of “employee qualification” and “professional standard” are defined in Art. 195.1 of the Labor Code of the Russian Federation. According to this article employee qualifications- this is the level of knowledge, skills, professional skills and experience of the employee.

In its turn, professional standard- this is a characteristic of the qualifications necessary for an employee to carry out a certain type of professional activity.

Let us note that previously the legislation lacked the concept of a professional standard, and this made it difficult to develop and implement professional standards in practice.

For employers, the professional standard will be the basis for establishing more specific requirements when performing an employee’s job function, taking into account the specifics of the organization’s activities.

The provisions of the relevant professional standards must be taken into account when forming federal state educational standards for vocational education. In this way, the problem that has arisen in recent years should be solved, when a graduate of an educational institution has some professional skills, but the employer requires completely different ones.

From the history of professional standards in Russia

The emergence of professional standards is not a new thing, invented specifically in Russia, as many write, but an established world practice. The most advanced experience today in terms of professional standards is in the UK.

For the first time, the topic of professional standards in Russia arose in 1997, when this term was officially used in the Program of Social Reforms in the Russian Federation for the period 1996-2000, approved by Decree of the Government of the Russian Federation of February 26, 1997 No. 222. Federal ministries and departments were then included in their programs for the development of professional standards. Over the next ten years, the task changed its formulation and was set over and over again by the country’s leadership, but no tangible actions were taken to solve it, until in 2006, the National Qualifications Development Agency appeared on the basis of the Russian Union of Industrialists and Entrepreneurs (RSPP). It was this agency that developed the first layout of the professional standard in 2007. In 2007-2008 the first professional standards appeared.

In 2010, following a meeting of the State Council of the Russian Federation and the Commission for Modernization and Technological Development of the Russian Economy, a list of instructions of the President of the Russian Federation was created. It established the deadlines for the preparation of a modern reference book and the development of professional standards in high-tech industries. About two years were allotted to complete both tasks.

In 2011, the Government of the Russian Federation established the Agency for Strategic Initiatives (ASI), which began developing a roadmap for “Creating a National System of Qualifications and Competencies.” After this, the Plan for the Development of Professional Standards for 2012-2015 was approved. Experts from the Ministry of Labor prepared and approved the next layout of the professional standard and developed regulatory documents, methodological recommendations, etc. The first standards were adopted only on October 30, 2013. By Decree of the President of the Russian Federation dated May 7, 2012 No. 597 “On measures for the implementation of state social policy,” the Government of the Russian Federation was given the task of developing and approving at least 800 professional standards by 2015. “As of December 30, 2014, 403 professional standards were approved by orders of the Ministry of Labor,” says a message posted on January 24, 2015 on the website of the Government of the Russian Federation.

Where can I find information about professional standards?