Approved professional standard for an engineer. Professional standards: professional standards approved by the Ministry of Labor of the Russian Federation

From 07/01/2016 Amendments have been made to the labor legislation of the Russian Federation that affect a number of specialties and areas of activity. So, in accordance with the innovations, professional standards necessary 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.

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.
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 extra-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. For permission 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. Specified 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 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:

Publication of the manager’s order on the approval and implementation of new standards in the company.
Drawing up and approval of an action plan in accordance with which professional standards will be implemented.
Formation of a commission to put regulations into effect, as well as to carry out consultations if necessary.
Studying the list of mandatory professional standards, as well as their provisions.
Drawing up a list of positions that should be brought to uniform standard requirements.
Notifying employees about changes.
Certification of subordinates already employed in positions that need adjustment.
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

Controversies often arise regarding the discrepancy between the job title and staffing table and its names 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
employees government agencies;
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 functional responsibilities 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.

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

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. After the trial, the judge ruled the need to return wages subject to the budget. Resolution arbitration court No. A33/2144/2013 dated November 12, 2013.
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:

The subordinate is offered another, less difficult job.
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 labor 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 labor activity for specific positions, determine the qualification requirements of 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.

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

ORDER

About the register of professional standards (list of types professional activity)

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 (Collection of Legislation 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, No. 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"The Ministry of Labor of Russia 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 and 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. Entrust control over the implementation of this order to the Deputy Minister of Labor and social protection Russian Federation to L.Yu. Eltsov.

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

Professional code
national standard

Area of professional
nal activity

Type of professional
nal activity

Name-
new professional
cash

Order of the Ministry of Labor of Russia

Registration
number of the Ministry of Justice of Russia

Effective date

Letter to the Ministry of Education and Science of Russia

national standard

standard

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


	Name of area of professional activity
	Education and science
(Position as amended, put into effect on April 10, 2017 by order of the Ministry of Labor of Russia dated March 9, 2017 N 254n.
	Healthcare
	Social service
	Culture, art
	Physical culture and sports
	Communications, information and communication technologies
	Administration, management and office activities
	Finance and Economics
	Jurisprudence
	Architecture, engineering, geodesy, topography and design
	Means mass media, publishing and printing
	Security
	Agriculture
	Forestry, hunting
	Fish farming and fishing
	Construction and housing and communal services
	Transport
	Extraction, processing of coal, ores and other minerals
	Extraction, processing, transportation of oil and gas
	Electric power industry
	Light and textile industry
	Food industry, including beverage and tobacco production
	Woodworking, pulp and paper industry, furniture production
	Nuclear industry
	Rocket and space industry
	Chemical, chemical-technological production
	Metallurgical production
	Manufacturing of machinery and equipment
	Production of electrical equipment, electronic and optical equipment
	Shipbuilding
	Automotive industry
	Aircraft industry
	Service, provision of services to the public (trade, maintenance, repair, provision of personal services, hospitality services, catering, etc.)
	Cross-cutting types of professional activities in industry

_______________
* 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"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"

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 a specific level of labor skills, special knowledge, work experience required for a particular position. When a person was employed 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. “Updating” unified qualification reference books would be too time-consuming and impractical. needed new level fix this problem.

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 others regulatory documents, is " labor function" Art. 57 of the Labor Code obliges the employer to indicate it in the text 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 aspects exactly? labor relations should professional standards apply? Legislative framework provides three main areas of their application.

Work with personnel at the enterprise:
- personnel policy;
- job descriptions and their changes;
- employee pricing;
- certification;
- organization of professional development, etc.
Relationship between education and professional activity. Educational programs they plan to develop 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.
Reflection of real professional experience. When developing assessment strategies for obtaining a certificate or diploma of a particular level, it will not be educational successes, as before, that 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 will 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.

PLEASE NOTE! If the type of professional activity provides certain benefits (for example, a pension ahead of schedule, 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 there is no such standard yet.

How to start applying professional standards?

Open the list of professional standards published on the official website of the Ministry of Labor of the Russian Federation.
Write down the names of positions from your staffing table.
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.
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.
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.
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 it vocational training.

IMPORTANT INFORMATION! Failure of an employee to comply with the professional standard is a violation of the Labor Code, which provides for the responsibility of the employer: a pie 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 labor inspection has the right to verify 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.

Articles defining the procedure for the development, approval and application of professional standards appeared in the Labor Code of the Russian Federation and came into force on July 1, 2016. However, even today, not everyone understands what professional standards are and why they are needed (Federal Law dated May 2, 2015 No. 122-FZ). We will tell you about the list of professional standards in 2019 in our consultation.

What is a professional standard

A professional standard is a characteristic of the qualifications that an employee needs to conduct his professional activities, including the performance of a certain labor function (Article 195.1 of the Labor Code of the Russian Federation).

Professional standards can be developed by employers, professional communities, self-regulatory organizations and other non-profit organizations with the participation educational organizations vocational education and other interested organizations.

Professional standards are approved by the Ministry of Labor and Social Protection (clause 3, clause 16 of Government Resolution No. 23 of January 22, 2013).

Professional standards are applied on a voluntary basis, except in cases where their application is mandatory. Thus, the employer must apply the professional standard if the Labor Code, other federal laws and other regulations of the Russian Federation establish certain requirements for the qualifications of the employee (Article 195.3 of the Labor Code of the Russian Federation). In addition, the use of professional standards is mandatory for those employers whose employees are entitled to compensation and benefits, or there are any restrictions regarding the performance of work in certain positions, professions, or specialties. Indeed, in this case, the names of these positions, professions or specialties and the qualification requirements for them must comply with professional standards (paragraph 9 of Article 57 of the Labor Code of the Russian Federation).

Register of professional standards

The register of professional standards is a systematized list of them by area and type of professional activity. The Register includes professional standards approved by orders of the Ministry of Labor within 10 days after their approval by the Ministry of Justice (clause 3 of Order of the Ministry of Labor dated September 29, 2014 No. 667n).

As of December 20, 2018, professional standards approved by the Ministry of Labor consist of 1,173 documents in individual areas of professional activity. These include, in particular, the following areas:

automotive industry;
healthcare;
education;
food industry;
agriculture;
social services;
construction and housing and communal services;
physical culture and sports;
electric power industry;
finance and economics;
jurisprudence;
architecture, engineering, geodesy, topography and design;
service, provision of services to the population (trade, technical maintenance, repairs, provision of personal services, hospitality services, catering, etc.);
aircraft manufacturing and others.

At the same time, certain professional standards were put into effect before July 1, 2016. So,

So, we have reviewed the main changes that come into force on July 1, 2016 in terms of professional standards; the norm of Article 195.3 of the Labor Code of the Russian Federation begins to work. The legislator calls on employers to be careful and not to overlook the qualification requirements for some employees. These requirements can be “scattered” anywhere: in the Labor Code of the Russian Federation, federal laws, regulatory legal acts of the Russian Federation. If there are such requirements, the employer is obliged to find and take them into account. If existing employees do not meet the requirements, the workers will have to be “brought up”, and new personnel - from July 1, 2016 - will be recruited only taking into account the requirements.

How do you assess changes in professional standards?

Evgenia Konyukhova, labor law expert, comments:

“Since July 2016, employers need to be very careful not to miss any federal law or regulation that may set qualification requirements for their employees. It will be necessary not only to take into account the qualification requirements established by these regulatory legal acts, but also to check whether there is an accepted professional standard for the relevant work.

The fact is that in federal laws and regulations, qualification requirements are often given only in general view, and the professional standard may already specify the type of education, area of training, etc. For example, in Federal Law No. 402-FZ “On Accounting” for the chief accountant of OJSC and other organizations specified in Part 4 of Art. 7, availability requirements are established higher education and certain work experience. In the professional standard “Accountant”, approved by Order of the Ministry of Labor of Russia dated December 22, 2014 No. 1061n, the educational requirement is supplemented by the completion of additional professional programs by the chief accountant - advanced training, professional retraining programs.

Please note that there are no fundamental changes from July 1, 2016. Agree, if qualification requirements were established in the Labor Code of the Russian Federation, federal law, or other regulatory legal acts, then regardless of the emergence of professional standards, employers were obliged to be guided by such requirements when hiring workers.”

Let's move on. Standards are standards, and part 2 of Article 57 of the Labor Code has not been canceled. Here we are interested in the following disclaimer...

If employees are entitled to benefits, compensation, restrictions

Working group on the implementation of professional standards

To implement professional standards, the employer must create a working group. The group’s task is to develop a plan for the application of professional standards by the employer. The working group is created by order of the leader. The number and composition of the working group members is determined solely by the employer. It is recommended to include in the working group labor economists or those workers who are responsible for developing the staffing table, personnel management specialists, lawyers, and possibly managers structural divisions. In the plan for the transition to professional standards, it is necessary to specify in detail the actions, deadlines and persons responsible for each stage.

The first thing the working group has to do is to correlate the positions available with the employer with professional standards. This is the most global and labor-intensive work, because... in this case, you cannot rely only on the name of the position (profession) in the staffing table and the name of the professional standard itself. It is necessary to find those professional standards that could potentially fit the positions (professions) indicated in the staffing table. To do this, you need to correlate the main goal of professional activity according to the standard (column “Main goal of the type of professional activity” of the professional standard) with the purpose of working in the position (profession) of the employer, additionally paying attention to the column “Group of occupations” in the general information section.

After the positions and professions that the employer has are correlated, and the professional standards that are to be applied are identified, the working group draws up a report. The report must reflect a list of accepted professional standards according to which the employer has activities. This list will become the basis for further actions.

If an employee does not meet the professional standard, carry out certification

In practice, not all workers can meet the requirements set out in professional standards.

Example: the employee is engaged in the types of work named in Art. 30 of the Federal Law of December 28, 2013 No. 400-FZ “On insurance pensions”, for example, in underground work. The employee's position must be named as indicated in the professional standard or qualification reference book. And his knowledge, skills, and work experience must meet the qualification requirements given in the professional standard. The employer found out that there is an employee occupying a certain position, and there are professional standard requirements, but the employee does not meet them. What to do with such an employee?

It is impossible to dismiss someone due to non-compliance with the professional standard. The employer can conduct certification. To do this, it will be necessary to develop a whole system of local regulations that describes the procedure and procedure for certification. We will need to create a commission and determine the criteria by which we will evaluate the employee. Based on the results of the certification, the commission will draw conclusions: whether the employee is suitable for the position held or not.

Let's say the employee does not meet the qualification requirements. Can I be fired for this reason? - this question remains open today. But employers should take into account that certification should be carried out not with the goal of getting rid of “extra” employees, but with the goal of establishing which of them should be sent for training and advanced training. The goal should be good - to bring existing employees to the required level.

Important: employers can decide and send employees to advanced training courses or retraining in order to achieve compliance with the requirements of professional standards. But this is a right, not an obligation of the employer! The employer himself determines the need for training (vocational education and vocational training) and additional vocational education for employees (Article 196 of the Labor Code of the Russian Federation, clause 11 of the Information of the Ministry of Labor dated 04/04/2016).

New employees who will be hired after July 1, 2016 must be clearly selected according to the established qualification requirements, which are specified in professional standards. This applies exclusively to employers whose employees:

the Labor Code, other federal law or regulation specifies qualification requirements

and/or

in accordance with Part 2 of Article 57 of the Labor Code of the Russian Federation, the performance of work is associated with the provision of benefits, compensation, or there are restrictions for employees.

All other employers use professional standards as a basis - for them professional standards are advisory, not mandatory.

How to correctly apply professional standards:

What are professional standards and where can I find them?

A professional standard is a characteristic of the qualifications required for an employee to carry out a certain type of professional activity. This is the verbatim wording of Part 2 of Article 195.1 Labor Code RF. In practice, a professional standard is a document that describes labor functions for a certain type of activity, as well as the requirements for the knowledge, skills and experience of specialists performing these functions. The so-called “passport of profession”.

As of June 2016, 812 professional standards have been approved. The register of professional standards is maintained and updated by the Russian Ministry of Labor.

The texts of professional standards are posted on the website of the Russian Ministry of Labor, as well as in reference and legal databases. Here are some examples of professional standards texts from the reference and legal database Kontur.Normative:

Order of the Ministry of Labor of Russia dated December 22, 2014 No. 1061n “On approval of the professional standard “Accountant””.
Order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n “On approval of the professional standard “Procurement Specialist”.
Order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n “On approval of the professional standard “Expert in the field of procurement.”

The employer can “peek” in the text of the standard what to call the position for which the employee will perform the functions, what education and work experience the employees should have. For an employee, a professional standard is a guideline in the profession.

Are qualification reference books and professional standards different concepts?

Yes. There are separate qualification reference books, and professional standards are published separately. It is expected that professional standards will gradually replace qualification reference books. See paragraph 4 of the letter of the Ministry of Labor dated April 4, 2016 No. 14-0/10/B-2253.

If the qualification directory and professional standard for similar professions (positions) contain different qualification requirements, the employer independently determines which regulatory legal act he uses, with the exception of cases provided for by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of the letter of the Ministry of Labor dated 04/04/2016).

Is a professional standard a compulsory condition for work or at the request of the employee himself?

If desired, the employee can familiarize himself with the text of the professional standard for the profession in which he works. No one has the right to force him.

But if the employer is obliged to apply professional standards, he will ensure that employees comply with them. Those who do not meet the requirements can be “pulled up” by the employer and sent for training. And from July 1, 2016, new personnel will be recruited in accordance with the requirements in professional standards.

If the employer is not obliged to apply professional standards (read about this at the beginning of the article), then he has the right to use them voluntarily.

Is it necessary to change the names of positions in the staffing table and work books employees due to changes from July 1, 2016?

The names of positions must comply with qualification reference books or professional standards not in connection with the entry into force of Art. 195.3 of the Labor Code of the Russian Federation, and in connection with Part 2 of Art. 57 Labor Code of the Russian Federation, i.e. when the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions.

I live in Yekaterinburg, where do I take the professional standard?

Firstly, the professional standard cannot be passed, because it is not a test or a set of tasks. Roughly speaking, this is a set of characteristics that an employee meets or does not meet.

The requirements are specified in professional standards for various professions.

Secondly, there is no treasured list of places where you can get training and “pull yourself up” to the required level. There is a requirement for the organization that provides training - it must have a license to carry out educational activities according to the relevant program (Part 1, Article 91 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”).

Many professional standards mention additional education. These are advanced training and professional retraining programs. The minimum permissible period for mastering advanced training programs is 16 hours, professional retraining programs are 250 hours (clause 12 of the Procedure, approved by order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499). You can also complete the training remotely.

How do I know if I need to undergo training?

First, read the text of the professional standard for your profession. Check whether you meet the specified requirements for education, work experience, etc. Remember, the texts of professional standards are not always the end point. For some categories of workers, the legislation imposes additional qualification requirements; they must be looked for in federal laws and regulations. And these requirements may differ from the requirements given in professional standards. All requirements must be taken into account.

If you understand that you do not fully meet the requirements, you can independently raise yourself to the required level, undergo training and receive a document. Your employer can also make this decision.

From July 1, 2016, those employers who are required to apply professional standards will select personnel according to qualification requirements in accordance with the requirements in professional standards.

Systematize or update your knowledge, gain practical skills and find answers to your questions on at the School of Accountancy. The courses are developed taking into account the professional standard “Accountant”.

What professional standard does a deputy chief accountant belong to?

Since February 7, 2015, the order of the Ministry of Labor of Russia dated December 22, 2014 No. 1061n “On approval of the professional standard “Accountant”” has been in effect. This professional standard establishes the education and work experience requirements for an accountant and chief accountant. There is no separate standard for a deputy chief accountant.

The article “Professional Standard for Accountants” will help you understand the content of the standard and the requirements for accountants.
Webinar “Professional standards for accountants” - the webinar presenter Alexey Petrov comments in detail on the requirements for accountants and chief accountants.

For accountants, chief accountants at Kontur.School (online training). The training programs are developed taking into account the professional standard “Accountant”.