Pak professional standards. Professional standards: instructions for use

The introduction of professional standards began in 2013. In May 2012, the President signed a corresponding Decree. The professional standards of the Russian Federation are aimed at strengthening the economic system in the country, increasing the qualification level of employees of enterprises and institutions. Let's take a closer look at this institute.

Relevance of the issue

Professional standards for professions represent certain requirements for the competence of employees of certain enterprises. With the development of the economy and its transition to a qualitatively new level, previous guidelines become irrelevant and are not consistent with the modern situation. Some official professional standards of the Ministry of Labor were formed more than 20 years ago. At the same time, the requirements for the competence of specific employees are expressed in several sentences. As the Head of State noted, such “superficial” standards cannot contribute to the effective construction of the economy.

Regulatory rationale

The increased attention of the authorities to determining the levels of competence of specialists in various fields makes it possible to eliminate gaps in the Labor Code. Federal Law No. 236-FZ of December 3, 2012 introduced an amendment formulating the concept of professional standard and employee qualifications. Previously, these terms were not in the Code.

Purpose

The professional standards of the Ministry of Labor reveal the activities of specialists working at different skill levels and related to the same technological task. This could be research, production, design, service. The description of the requirements presented to the employee is complex. When formulating them, a more modern construction is used. It involves combining requirements with skills and knowledge, competence and experience.

Professional standards for professions replaced the existing qualification reference books, which were outdated due to the lack of many modern specialties in them, at least in economically dynamic areas. However, personnel officers have to adhere to previous standards. This is due to the fact that they contain categories for which allowances and benefits are established. The use of professional standards will allow us to move away from this system. In accordance with it, benefits are attached to the standard job title, and not to the skills, functionality, abilities and knowledge of the employee. If today we make a minor change, for example, changing the order of words in the title, then the employee will not be able to receive the required bonus or other form of government support.

Professional standards by profession: list

Currently, about 300 drafts of new requirements for specialists have been submitted. The expert council agreed on more than 200 categories. Among them are professional standards for professions in the automotive industry, information technology, space and nuclear industries. The social sphere and patent science were not left without attention. Among the categories approved at the ministerial level, there are professional standards for professions:

• Programmer.
• Social worker.
• Patent specialist.
• Head of a social service institution.
• Psychologist in the social sphere.
• Family Relations Specialist.
• An employee of the guardianship and guardianship authority for minors, and so on.

Another area of ​​activity in which professional standards for professions have been formulated is healthcare. In accordance with the proposals of federal executive structures, leading associations, associations of employers and personnel representatives, a list of 805 categories has been formed for which it is necessary to develop and adopt requirements.

The sphere of education

The newly introduced professional standards for educational professions have caused a mixed reaction from the public. Experts voiced criticism of the changes under consideration. For example, the professional standard for a teacher became the subject of debate almost immediately after its approval; some dubbed it a utopia. Although the only goal of the Ministry in its development was improvement in the country.

Assessment of skills and abilities

The level of education can be determined by a diploma. Assessing skills and abilities will be somewhat more difficult. Possible options include:

Controlling organizations

Who is authorized to verify compliance? If the use of a professional standard for a specific profession is mandatory, then the assessment of specialists will be carried out by labor inspectors. It is quite problematic to verify the skills of workers, but authorized persons can request documents. They must confirm that the manager has assessed compliance with established professional standards. If the standards establish a minimum knowledge requirement, the availability of a diploma is checked. In addition, the correspondence of the job title with the title in the professional standard is established.

Advantages and disadvantages

Among the advantages of introducing mandatory regulations at enterprises, organizations and institutions, the following points should be noted:

1. It becomes easier for the employer to develop job descriptions and establish qualification requirements for personnel when hiring.
2. It is clear what skills need to be assessed when selecting candidates for a position or during certification.
3. The motivation for refusing to hire becomes simpler. This point is extremely important, since a draft law is under discussion, according to which the employer will be obliged to give a reasoned answer to each unsuccessful applicant.
4. The employee understands what exactly is required of him. In accordance with this, he will “pull up” his level to the required level.

The disadvantages of implementing the new system include:

1. The complexity of the process of bringing the internal personnel documentation of an enterprise into compliance with the requirements established in professional standards.
2. Training, raising the qualification level of personnel. These processes often take quite a long time and in some cases require large financial investments.

Despite the presence of a number of shortcomings, the state is committed to continuing the implementation of the developed program. According to experts, such a system will streamline the world of work and bring its condition into line with modern market conditions. In addition, the number of educated and competent specialists at enterprises will increase, which is extremely important for the development of the country’s economy.

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 job title 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 wage system.

As already noted, PS will become mandatory for certain 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 work 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, your experience is at least 10 years; if you have a higher education, you 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 Councils for Professional Qualifications

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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, except for cases provided for by federal laws and other regulatory legal acts of the Russian Federation.

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

ORDER

On the register of professional standards (list of types of professional activities)

Document with changes made:
(Official Internet portal of legal information www.pravo.gov.ru, 03.30.2017, N 0001201703300030).
____________________________________________________________________

In accordance with subparagraph 4.1 of the action plan to ensure increased labor productivity, creation and modernization of high-performance jobs, approved by Order of the Government of the Russian Federation dated July 9, 2014 N 1250-r (Collected Legislation of the Russian Federation, 2014, N 29, Art. 4165), and paragraph 13 of the comprehensive action plan for the development of professional standards, their independent professional and public examination and application for 2014-2016, approved by order of the Government of the Russian Federation of March 31, 2014 N 487-r (Collection of Legislation of the Russian Federation, 2014, N 14, Art. 1682),

I order:

1. Establish that the maintenance of the register of professional standards (list of types of professional activities) (hereinafter referred to as the register), its updating and placement on the specialized website of the Ministry of Labor of Russia "Professional Standards" (http://profstandart.rosmintrud.ru) is carried out by the Federal State Budgetary Institution "Research Institute of Labor" and social insurance" of the Russian Ministry of Labor according to the model according to the appendix.

In order to organize information about professional standards (types of professional activities), the register is maintained on the basis of the classification of professional standards (types of professional activities) by areas of professional activity and coding of professional standards (types of professional activities).

2. Recommend that developers and users of professional standards use the register when solving problems of identifying professional standards, analyzing the completeness of coverage of areas and types of professional activities by professional standards.

3. Professional standards approved by orders of the Ministry of Labor of Russia in the prescribed manner, within 10 days after their state registration by the Ministry of Justice of Russia, are subject to inclusion in the register.

4. Control over the implementation of this order is entrusted to the Deputy Minister of Labor and Social Protection of the Russian Federation L.Yu. Eltsova.

Minister
M.Topilin

Registered
at the Ministry of Justice
Russian Federation
November 19, 2014,
registration N 34779

Application. Register of professional standards (list of types of professional activities)

Application

Sample

Notes:

1. Maintaining a register of professional standards (list of types of professional activities) (hereinafter referred to as the register) is carried out on the basis of the classification of professional standards (types of professional activities) by area of ​​professional activity according to the table.

Table. Names and codes of areas of professional activity

_______________
* The gap between code numbers 33 and 40 is technical and is intended to ensure the possibility of replenishing the register (list).

2. Coding of professional standards (types of professional activities) and filling out column 3 of the register is carried out in accordance with a 2-facet code combination. The structure of the code designation includes 2 groups of digital decimal places and has the form: ХХ.ХХХ, where:

the first two characters are the code of the area of ​​professional activity;

the next three characters are the code of the type of professional activity (professional standard within the scope of professional activity).

For example, 01.001 is the code of a professional standard related to the field of professional activity “Education” and type of professional activity 001.

3. Columns 2 “Registration number of the professional standard”, 3 “Code of the professional standard”, 5 “Type of professional activity” and 6 “Name of the professional standard” are filled in in accordance with the data contained in the corresponding columns of section “I. General information” of the professional standard .

4. Column 4 “Area of ​​professional activity” indicates the name of the area of ​​professional activity in accordance with the table provided for in paragraph 1 of these notes.

5. Column 11 “Date of entry into force” indicates the date of entry into force of the professional standard in accordance with the order of the Ministry of Labor of Russia. When a professional standard is put into effect from the moment the order of the Russian Ministry of Labor is issued, a dash is placed in this column.

6. In columns 7 and 8 “Order of the Ministry of Labor of Russia”, 9 and 10 “Registration number of the Ministry of Justice of Russia”, 12 and 13 “Letter to the Ministry of Education and Science of Russia” the details of the relevant documents are indicated.

7. The register is posted and updated on a regular basis on the specialized website of the Ministry of Labor of Russia “Professional Standards” (http://profstandart.rosmintrud.ru).



Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

From 07/01/2016 Amendments have been made to the labor legislation of the Russian Federation, which affect a number of specialties and areas of activity. Thus, in accordance with the innovations, professional standards are required for mandatory use in practical activities. However, the need to use such standards is not assigned to all professions.

Characteristics of professional standards, mandatory use of them

Based on Art. 195 of the Labor Code of the Russian Federation, a professional standard determines the required level of qualifications for a specific profession. That is, the employee must have the education, skills and knowledge listed in the standard. Based on the document, employers determine whether a particular subject is suitable for the designated position.

Based on amendments to legislation regarding professional standards, we can conclude that in 2018 their use is not mandatory for all organizations and positions.

1. The text of the regulations does not indicate mandatory use. The answer to the question of for whom professional standards are mandatory is found in Art. 195/3 Labor Code of the Russian Federation. This article outlines the provision according to which, if the legislation provides for qualification requirements for a specific position, then the professional standard in terms of these requirements will be necessary for application.
2. Based on Art. 57 of the Labor Code of the Russian Federation, the use of professional standards is also necessary if the employee’s activities in a specific position are related to the receipt of benefits and guarantees or involve restrictions.

Thus, for state enterprises the use of professional standards is a necessity, while for commercial enterprises such standards are largely advisory in nature (with the exception of some positions, for example, chief accountant).

A manager who decides to use professional standards in his activities that are not mandatory for him can independently determine which parts of the document to apply.

Mandatory professional standards for commercial structures

The mandatory application of such standards in commercial structures is an open debate. In fact, commercial managers have the right to independently decide whether their activities need regulation in the form of professional standards. Moreover, such a decision should not contradict Art. 195 of the Labor Code of the Russian Federation, and apply to some positions even in non-budgetary organizations, which must be regulated without fail.

In addition, situations often arise in which employees have controversial issues regarding the same profession. This is due to the provisions of still current classification reference books, which may conflict with professional standards. To resolve this issue, it is necessary to use data from Letter of the Ministry of Labor of the Russian Federation No. 14/0/10/B/2253 dated 04/04/2016. This document decides that the administrative apparatus also has the right to independently determine which legislative standard to rely on.

In such situations, most managers give preference to professional standards, since they are a modern alternative to qualification reference books, which makes it possible to eliminate the latter (clause 4 of the Letter of the Ministry of Labor of the Russian Federation dated No. 14/0/10/B/2253 dated 04/04/2016).

The procedure for introducing professional standards at the enterprise

The set of measures for the implementation of professional standards in the organization is as follows:

1. Publication of the manager’s order on the approval and implementation of new standards in the company.
2. Drawing up and approval of an action plan in accordance with which professional standards will be implemented.
3. Formation of a commission to put regulations into effect, as well as to carry out consultations if necessary.
4. Studying the list of mandatory professional standards, as well as their provisions.
5. Drawing up a list of positions that should be brought to uniform standard requirements.
6. Notifying employees about changes.
7. Certification of subordinates already employed in positions that need adjustment.
8. Formation of a package of documents to which adjustments will be made upon adoption of the standards. Such documents include employment contracts and additional agreements, job descriptions, as well as other local regulations.

At the same time, it is possible to improve the qualifications of employees during the implementation of standards. To do this, you need to take advanced training courses with the help of a formed certification commission or other educational institutions.

Dismissal of a subordinate due to non-compliance with the provisions of the professional standard is prohibited due to the fact that labor legislation does not provide for such a reason.

List of specialties for which the use of professional standards is mandatory

Controversial situations often arise regarding the discrepancy between the name of a position in the staffing table and its name in the professional standard. Such misunderstanding can also lead to difficulties in determining which professional standards are required to be used.

Practice shows that the solution to the issue can be considered the exclusion of the name of the current position from the staffing table, and the inclusion of a new name there, based on professional standards. It is also necessary to draw up an additional agreement with the employee on this action, make adjustments to the work book and the employee’s personal card.

The list of professions for which the requirements of professional standards are mandatory, regardless of the form of ownership of the enterprise, is quite wide. Thus, an affirmative answer to the question of whether professional standards are mandatory is valid for the following specialties:

• lawyers;
• judges;
• aircraft crews;
• auditors and
• government employees;
• persons working at underground facilities;
• entities with access to chemical weapons;
• doctors and pharmacists;
• specialists in the field of public procurement.

Based on Art. 74 of the Labor Code of the Russian Federation, the employer does not have the right to make adjustments to the employment agreement with the employee without his knowledge and consent; in particular, it is prohibited to change the functional responsibilities of a subordinate. This means that if the subject refuses to change the job title and new responsibilities in accordance with the professional standard, the manager cannot force him. In this case, the employee may be offered another position. If this option is also not acceptable to at least one of the parties, then the position that has lost its relevance is eliminated, and the employee is subject to staff reduction and subsequently dismissed.

Responsibility for non-application of professional standards in activities for which they are mandatory

When the application of professional standards is mandatory for an institution, evasion of their implementation is punishable by administrative liability. In particular, based on Art. 5/27 of the Code of Administrative Offenses, the violation provides for the following punishment for the first incident:

• imposition of a fine for officials from 1000 to 5000 rubles.
• a fine for the company from 30,000 to 50,000 rubles.

For a primary offense, a fine is not required. A warning may be issued. If the violation is repeated, a fine will certainly be assessed.

At the moment, judicial practice on the issue under consideration is not formed. There are isolated cases of litigation in court:

1. A subject was appointed to a position in a state company whose qualification level did not correspond to the professional standard, although it was mandatory for use. Following the trial, the judge ruled that the subject’s wages must be returned to the budget. Resolution of the Arbitration Court No. A33/2144/2013 dated November 12, 2013.
2. When introducing a professional standard at an enterprise, an employee working in a position that required adjustments in accordance with the new standard was not certified. It subsequently turned out that his qualification level did not meet the requirements. By resolution of the arbitration court No. A56/26857/2014 dated October 30, 2014. the need to undergo advanced training courses with repeated certification was prescribed.

The manager's procedure if the employee's qualifications do not meet the requirements of the mandatory standard

If, during the modernization of the company’s regulatory framework, it turns out that a subordinate does not meet the required qualification level, there are the following ways to solve the problem:

1. The subordinate is offered another, less difficult job.
2. The subordinate is sent to additional education courses. The employer also has the right to decide at whose expense (the company or the employee) the training will take place. In conditions where the manager decides to provide the employee with advanced training courses at his own expense, an apprenticeship agreement is concluded with the subject, which sets out the provision according to which, after completing the training, the person must work for a specific amount of time in the company. If this condition is not met, the subordinate may be held liable for reimbursement of the costs of his training.

If this is stated in regulations, then the employer is obliged to provide advanced training for subordinates at his own expense. In particular, this applies to doctors, who must confirm their professional suitability every five years.

Methods of applying professional standards when they are advisory in nature

If, in the course of determining whether the application of professional standards is mandatory, it turns out that they are advisory in nature, they are used as a basis for adjusting employment agreements, creating job descriptions and other regulatory local documents.

In addition, if this is decided by the manager, based on the professional standard established by law, the company has the right to develop its own standard of labor activity for specific positions, determine the qualification requirements for employees and establish the required level of skills and knowledge. The main requirement for such procedures is the absence of contradictions between the independently compiled standard and the professional standard established by law. That is, if a specific profession is regulated by an occupational standard, drawing up a separate local standard is impractical. This may also lead to prosecution for ignoring the requirements of official regulations.

Thus, legislation in the context of the mandatory application of professional standards continues to develop. At the moment, such standards are mandatory only for the list of professions and government agencies. If controversial aspects arise in practical activities regarding the need to use such documents, you should contact a professional lawyer or an employee of the Ministry of Labor of the Russian Federation.

Since July 1, 2016, issues of regulation of professional standards are regulated by the provisions of Article 195.3 of the Labor Code of the Russian Federation. Until now, many organizations and individual entrepreneurs do not know how to work with them. When do they make it necessary to rewrite internal personnel documentation? Do staffing schedules and job descriptions need to be adjusted? What to do if it turns out that the education of employees does not meet accepted standards? Is it necessary to retrain employees and send them to advanced training courses? And, most importantly, who controls all this? Unions? Labor inspectorates? Let's figure it out.

Why are professional standards needed?

A professional standard is the name of an important fundamental document that contains a description of the following standards:

1. Labor functions of the employee in accordance with his qualifications and position.
2. Requirements for his experience and knowledge.

Thus, we can say that professional standards include a description of the qualitative level of qualifications of an employee, which he must meet in order to rightfully take his place on the staff of any company, regardless of the type of its activity (Article 195.1 of the Labor Code of the Russian Federation).

All professional standards are approximately the same and have a single structure (according to the order of the Ministry of Labor of Russia dated April 12, 2013 No. 147n “On approval of the Layout of the Professional Standard”).

Unlike specialized reference books on qualifications, professional standards give a clearer idea of ​​the work functions of workers, which have absolutely accurate and detailed descriptions. Perhaps, over time, professional standards will completely replace qualification reference books as documentation that is more in line with the requirements of the current time.

State register of professional standards

All information about professional standards approved by the Ministry of Labor is included in a special State Register. This list is posted on the official page of the Russian Ministry of Labor in the appropriate section. See http://profstandart.rosmintrud.ru/:

Professional standards and their scope of use

These standards may be applied and taken into account for the following purposes:

• to organize training and certification of employees;
• policy formation when staffing an enterprise with highly qualified personnel;
• organization of management processes;
• establishing internal tariffs for work performed;
• facilitating the classification of tariff categories;
• developing your own systems for paying working hours, taking into account the specifics of work at a particular enterprise.

Are professional standards mandatory for implementation or are they only intended to facilitate the organization of an enterprise and production? Should the employer (company owner) follow them unquestioningly, taking them as step-by-step instructions? Or does he have the right to choose the area and order of their application? Let's try to figure out these questions.

Mandatory application of standards

Paragraph three of part 2 of Article 57 of the Labor Code of the Russian Federation talks about the mandatory nature of professional standards. In particular, this provision mentions such an important document as an employment contract. Thus, if the receipt by an employee of an enterprise of special benefits, compensation or restrictions is directly related to the performance of duties inherent in a particular position, then the employer is obliged to be guided by reference books on qualifications or state professional standards.

EXAMPLE

Citizen "P" by nature of service is involved in particularly harmful and difficult work. A benefit and compensation for citizens engaged in such activities is early retirement. This means that after leaving for a well-deserved rest, an employee can count on receiving the benefits due to him, his position must be spelled out in the employment contract exactly as it is listed in the directory or professional standard. At the slightest discrepancy, the employee risks losing his legal privileges.

Therefore, it is very important to take such nuances into account and correctly draw up and fill out all the necessary documentation. If a mistake is made and this comes to light (for example, at the request of the employee himself or as a result of an ongoing audit of the enterprise), then the company’s management may be held accountable.

The Administrative Code in the 4th part of Article 5.27 provides for punishment for such criminal negligence - a large fine. Its size may vary:

• from 50 to 100,000 rubles – for an organization;
• from 10 to 20,000 – for officials;
• from 5 to 10,000 – for private entrepreneurs.

Which, however, does not relieve the former or current employee from subsequent problems with receiving all the benefits and compensation due to him for the past period.

Requirements for employees to comply with professional standards

Article 195.3 of the Labor Code of the Russian Federation regulates the use of professional standards by employers. It provides a brief but succinct definition of an employee’s qualifications. And it is explained that if the requirements for the qualifications of a worker are legally defined, then the application of the standards becomes the indisputable responsibility of the employer, and not his right.

To make it clearer, let’s look at this point using the example of the professional standard for accountants in 2018. So, in accordance with Part 4 of Article 7 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting,” the chief accountant who came to get a job (for example, in an OJSC or an insurance organization) must meet the following requirements:

1. Higher education.
2. Work experience in the specialty "Accounting" or "Audit" - at least 3 years out of the last five.

But is it necessary to present these requirements if an accountant gets a job in a regular LLC? What if the potential chief accountant does not have a higher education, but has valuable experience and a good track record? Let's look at the professional standard "Accountant". It follows from this that a person can be hired as an accountant with both higher and secondary education.

Therefore, we believe that higher education is mandatory for an accountant only if he plans to work in organizations included in the list given in Part 4 of Article 7 of Law No. 402-FZ (for example, in an OJSC). If not, then it will be enough to have secondary education and work experience, which are prescribed in the professional standard.

Improvement of employee qualifications

The employer has the right to send employees of his enterprise to retraining and advanced training courses. In accordance with Article 196 of the Labor Code, this is his right, but not his obligation. That is, he can make this decision at his own discretion, based on considerations of the feasibility of such training. Most often - to raise the company’s status in the market, its prestige and the qualifications of workers involved in work processes.

In serious and large companies, the employer and owner of the company are interested in a high level of training of employees. To verify and confirm it, international professional standards of internal auditing can be used.

Controversial point: is it necessary to study?

There are still disputes and different opinions regarding the above provisions. Some experts refer to Article 195.3 of the Labor Code (its first part), others to the same article in its second part, finding in them some discrepancies and inaccuracies that allow for a double interpretation of their meaning.

As a result, some believe that it is mandatory to apply professional standards, while others believe that they are only advisory in nature. However, both of them agree that if mandatory requirements for the qualifications of employees in a certain specialty are not established by law, then they can only be advisory in nature for the employer and nothing more. Moreover, the latter has the right to use them at his own discretion, setting more stringent or, conversely, softer requirements for employees than required by the standard.

The workers themselves also react ambiguously to professional standards. Many of them express fears that the education they received at various courses will be only formal in nature. And this was invented by legislators for only one purpose – to once again empty their wallets. After all, at the moment there is no clear definition in the law of who will pay for all this.

Let us assume that the current legislation does not impose strict requirements for the qualifications of specialists in certain professions. Let, in our case, for clarity, it be “HR Specialist”. Therefore, the professional standards for personnel officers approved for 2018 can be applied to this position. But use them only by taking them as a basis to facilitate the preparation of documentation.

For example, taking the professional standard as a certain template, you can:

• correctly identify job titles;
• functions related to the execution of the workflow;
• set reasonable requirements for their qualifications, experience, and education.

That is, this document, in fact, acts as a foundation that allows the employer to find support points when building natural work processes in a team.

Questions of application of Art. 195.3 Labor Code of the Russian Federation

All discrepancies and interpretations of Article 195.3 of the Labor Code of the Russian Federation are associated with its relative novelty. A lot of questions arise regarding the scope of its application. Moreover, it is still not installed:

• a unified method for introducing professional standards into enterprises (plan, etc.);
• a measure of responsibility for the employer and employees who have been working in their companies for a long time, if the latter are not currently able to meet professional standards.

And it is not at all clear what to do with new potential employees who are just planning to come to work for the enterprise. The labor market is now crowded, but not everything is so simple. This does not mean at all that there is no shortage of valuable personnel. It is not always the case that a new employee with a higher education is able to replace an old one who has only a secondary vocational education behind him, but has enormous experience.

Officials of the Russian Ministry of Labor constantly receive various questions regarding the application of professional standards. Here are some questions and answers to them.

Strict adherence to professional standards

Question: Is there a need to strictly follow the requirements of approved professional standards?

Answer: Yes. The employer must keep in mind that he is obliged to strictly follow the requirements when hiring a person if we are talking about issues regulated by Articles 57 part 2 and 195.3 of the Labor Code of the Russian Federation. In other cases, all requirements are purely advisory in nature.

Mandatory professional standards in private organizations

Question: Is compliance with professional standards mandatory for private organizations? Or are they designed to streamline the work of state and municipal companies and enterprises?

Answer: Yes, definitely. The law is the same for everyone, regardless of the form of ownership and status of the enterprise and its owner.

Differences in the professional standard and qualification reference book

Question: What should you do if different requirements are specified for the same profession in the qualifications directory and in the professional standard? Which of these two documents should be used in such cases?

Answer: The right to choose in this case belongs to the employer.

Dismissal of employees

Question: Is it possible to fire an employee if it suddenly turns out that he does not meet the requirements of the professional standard? For example, does he not have a higher education and the necessary work experience, which have become mandatory under the new rules?

Answer: No, the introduction of new professional standards cannot be grounds for dismissal of previously hired employees. Employees can be dismissed only based on the results of the certification process.

Changes in job responsibilities

Question: Should workers' responsibilities automatically change with the introduction of a new occupational standard?

Answer: No, there is no automatic change in responsibilities in this case.

Changes in employment contracts

Question: Does the law oblige employers to begin rewriting employment contracts and job descriptions for their employees once the new standards come into force?

Answer: Yes, but only if the requirements of professional standards are mandatory applicable to a specific position.

Tuition payment

Question: Who should pay for advanced training and retraining courses for employees if required by the employer?

Answer: The law cannot clearly answer this question. It is necessary to decide based on the content of other internal legal documents. Raise the employment contract, various agreements, collective agreements. The employer does not have a direct obligation to pay for the professional education of employees.

Transfer to a higher position

Question: Does the employer have the right to appoint a person to a position who, according to the terms of the professional standard, does not meet it?

Answer: The employer has the right to do this. In particular, the employer can create a certification commission. She may decide that the person recommended has sufficient experience, is responsible in carrying out his duties and is fully capable of performing them. And then the employee can be transferred to a higher position.

Responsibility for ignoring the requirements of professional standards

Approved professional standards are very important in the social sphere. Responsibility for their failure to comply is provided for in cases where they are mandatory. Or if they are not mandatory, but the employer voluntarily accepted the obligation to follow their requirements. For example, by reflecting this decision in the company’s local regulations.

If an employer is obliged to comply with professional standards, but does not do so, then he may be held accountable on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Labor inspectorates will hold employers accountable.

Also see video on the topic of professional standards