Ministry of Labor professional standards for housing and communal services. Implementation of professional standards in the organization

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. 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 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:

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 the standards 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 must be brought to uniform standard requirements.
Notifying employees about changes.
Certification of subordinates already occupied in those positions that need adjustment.
Formation of a package of documents to which adjustments will be made upon adoption of the standards. Such papers 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 may 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 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 a 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.

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 carry out his work. 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 Decree No. 23 dated 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,

Professional standards in 2017 establish selection criteria and describe the labor functions of employees. If qualified requirements are imposed on professions and positions, one will have to focus on standards.

Outdated qualification reference books have been replaced by professional standards, which more clearly describe job functions. Organizations that have established qualification requirements for professions and positions of employees at the federal level must be guided by the new documents. The organizational and legal form does not matter.

Let's figure out what has actually changed for employers and how to apply the new documents in practice.

For whom are professional standards mandatory in 2017?

195.1 “The concept of employee qualifications, professional standards” (effective from July 1, 2016 in an updated version);
195.2 “Procedure for the development and approval of professional standards”;
195.3 “Procedure for applying professional standards.”

The rules for the development, approval and application of professional standards were approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23. The document determines that employers apply them:

when forming personnel policy;
personnel management;
organization of training and certification;
concluding employment contracts with employees;
development of job descriptions;
establishing wage systems.

Are professional standards obligatory for employers? The Ministry of Labor has issued a number of clarifications that will help answer the question (letter dated July 6, 2016 No. 14-2/ОOG-6465, Information dated June 5, 2016).

Which organizations apply professional standards by law?

Employers whose personnel have a certain qualification level must apply professional standards in 2017. Among such workers are chief accountants in open joint stock companies ah, insurance organizations and other structures listed in Part 4 of Article 7 of the Federal Law of December 6, 2011 No. 402-FZ.

Qualification requirements are specified either in federal law or in another legal act federal level(decrees, orders of the Government of the Russian Federation, orders of federal executive authorities and others). Article 195.3 about this Labor Code RF.

Some employers apply standards in a special way (Article 4 of Law No. 122-FZ):

state or municipal institutions, unitary enterprises;
state corporations, state-owned companies and business entities, more than 50% of the shares (shares) in the authorized capital of which are in state or municipal ownership.

Such organizations should review professional competencies employees for compliance with established criteria. And then draw up a plan for the training and additional professional education of workers within the budget for the corresponding year (Resolution of the Government of the Russian Federation of June 27, 2016 No. 584).

How to correctly name professions (positions)

If the Labor Code of the Russian Federation or federal law provide benefits and compensation for certain categories of positions, professions, specialties, then the qualification directory or standard must comply with (Part 2 of Article 57 of the Labor Code of the Russian Federation):

names of positions, professions, specialties;
qualification requirements for them;
requirements for the education and experience of relevant employees.

It can be difficult to comply with this norm. The fact is that for one position, profession or specialty there can be both a qualification directory and a professional standard. In such a situation, the employer has the right to decide for himself what to follow (letter of the Ministry of Labor of Russia dated April 4, 2016 No. 14-0/10/B-2253).

If the name of a position, specialty, or profession does not correspond to either the directory or the professional standard, you will have to change the staffing table and add new job titles. After this, you will have to sign additional agreements to the employment contract on the transfer of employees to updated positions. Old names can be excluded from the list.

If the legislation does not establish additional requirements for the qualifications of employees, professional standards in 2017 For commercial organizations optional. However, you can focus on these criteria on your own initiative. This is confirmed by the letter of the Ministry of Labor of Russia dated December 30, 2015 No. 14-0/B-1190.

When there are some standards, it is easier for an employer to select personnel, set tasks, plan development and training, and create job descriptions. And the employee understands what knowledge, skills and abilities are needed for a certain job, what the requirements for basic and additional education are, what needs to be mastered and what to learn.

Let's say you introduce standards in your company, write down the corresponding rule in a local regulatory act (for example, in a collective agreement). Then they will become binding on you (rulings of the Primorsky Regional Court dated June 25, 2014 No. 33-5389, dated June 24, 2014 No. 33-5464 and No. 33-5462). Employee responsibilities will not automatically change. Therefore, employment contracts will have to be changed (Article 72 of the Labor Code of the Russian Federation). Be sure to obtain written consent from employees to continue working under the new conditions.

How to introduce a professional standard in 2017: step-by-step algorithm

To implement professional standards, you need to adopt or change a number of documents.

Step 1. Approve a plan that details the actions, deadlines and those responsible for each stage.

Step 2. By order, appoint responsible employees and create a working group. The number and composition of the working group members is determined by the employer. It usually includes labor economists responsible for developing staffing schedules, personnel management specialists, lawyers, and heads of departments.

Step 3. Through the efforts of the working group, identify which standards have been approved, which requirements are mandatory, and compare positions in the organization with the standard ones. This is the most time-consuming part of the job. It is not enough to compare job titles (professions). It is necessary to select standards that are potentially suitable for the professions indicated in the staffing table. To do this, correlate the main goal of the activity according to the standard and in fact. Additionally, take into account what exactly is stated in the “Occupation Group” column in the “General Information” section.

Step 4. Compile a report with a list of professional standards according to which the organization has activities. You can also note which employees need to improve their skills or undergo retraining. A plan for such training is then drawn up.

Step 5. Analyze job descriptions and correct if necessary. Make changes to employment contracts and staffing schedules. It is not recommended to transfer all possible criteria word for word into job descriptions. It is important for an organization to consider its own situation, objectives and technologies.

How to apply the professional standard “Accountant”

The professional standard “Accountant” (approved by order of the Ministry of Labor of Russia dated December 22, 2014 No. 1061n) distinguishes two positions:

accountant;
chief accountant.

For each of them, generalized and detailed labor functions are defined, and it is also indicated what actions, skills and knowledge are required

For the chief accountant

The legislation imposes certain requirements on the qualifications, education and work experience of chief accountants, as well as employees who are entrusted with accounting (Part 4, Article 7 of Law No. 402-FZ). Such workers usually must have higher education and a certain amount of experience. These requirements apply, in particular, to chief accountants of public joint-stock companies (except for credit organizations), insurance organizations, non-state pension funds and some other organizations.

Important!
The only accountant who prepares the reports should be called “chief” both in the employment contract and in work book

The requirements for the chief accountant's experience in the standard and Law No. 402-FZ are identical - at least 3 of the last 5 years of work or at least 5 of the last 7 years, if there is no higher education. The educational requirements in the standard and the law are different. In addition, Law No. 402-FZ does not say what knowledge and skills the chief accountant should have.

Clause 3.2 of the standard states that the chief accountant must have a higher or secondary vocational education, this is the minimum. Applicants without specialized education must have additional education in special programs (for example, courses) and three years of work experience (letter of the Ministry of Labor of Russia dated January 12, 2016 No. 14-3/B-3). It turns out that an employee with incomplete higher education cannot hold the position of chief accountant if he does not have secondary vocational education.

The chief accountant prepares and presents financial statements. This generic function includes:
. preparation of accounting reports, consolidated financial statements according to IFRS;
. internal control accounting and preparation of financial statements;
. maintaining tax records and preparing tax reporting, tax planning.

That is, the Russian Ministry of Labor believes that an ordinary accountant is not capable of maintaining tax records. However, do not rush to fire an employee who copes well with this task: labor legislation does not provide for such a basis (Article 81 of the Labor Code of the Russian Federation).

The chief accountant must have in-depth knowledge of how to keep records and generate reports. He should be aware judicial practice on accounting issues (although it is more important to know trends in tax disputes).

It is not stated anywhere what criteria must be met by the head of an organization who entrusts the maintenance of records to himself. The position of “deputy chief accountant”, which is widespread in large companies, is also not provided for by the standard.

For an accountant

An accountant must have:

or secondary vocational education in training programs for mid-level specialists;
or additional professional education in special programs.

The job functions of an accountant include:
. accounting of primary documents;
. monetary measurement of accounting objects and the current grouping of facts of economic life;
. final summary of the facts of economic life.

The responsibilities of an accountant include simple calculations for individual areas of accounting. You may not even know all the accounting areas.

The accountant must have experience practical work at least three years at special training on accounting and control. He needs knowledge of the basics of legislation on archival affairs, social and health insurance, pensions, as well as civil, labor, and customs legislation. It is not necessary for an accountant to know IFRS.

Calculating the cost of products (works, services) is also the responsibility of an accountant. Therefore, it is necessary to know the technology and organization of production and management. Calculation also presupposes knowledge of industry instructions (letter of the Ministry of Finance of Russia dated April 29, 2002 No. 16-00-13/03). Meanwhile, Qualification Handbook positions of managers, specialists and other employees (approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37) provides for the position of economist in accounting and analysis economic activity. It is not yet clear whether she will be expelled.

It makes sense to differentiate the qualifications of accountants. For example, provide positions:

leading accountant;
senior accountant;
site accountant (accounting for payments, fixed assets, materials, etc.);
trainee accountant (in practice - assistant accountant).

The terms of reference for each category are fixed in the job description.

Please note: for specialists who account for small businesses or under special tax regimes, there are no concessions.

What threatens an accountant who does not meet the standard - 2017

A chief accountant with a secondary specialized education who does not have the necessary work experience will not face dismissal. Professional standards that have entered into force are not grounds for dismissal. Their list is, in principle, closed (Article 81 of the Labor Code of the Russian Federation). An employee can be dismissed only if, due to insufficient qualifications confirmed by certification results, he does not correspond to the position held or the work performed.

To carry out certification, you need:

develop a system of local regulations that describes the procedure (the procedure for certification);
create a commission;
determine employee evaluation criteria.

Lack of experience or education is also not a reason to dismiss an employee. This point of view is also supported by the Ministry of Labor in letter dated January 12, 2016 No. 14-3/B-3. Officials noted that the standard is not retroactive.

An accountant is not even required to improve his qualifications. True, such a decision can be made by the employer. The conditions and procedure for training workers within the framework of vocational education, vocational training and additional vocational education are determined collective agreement, agreements with employees, employment contracts (Articles 196, 197 of the Labor Code of the Russian Federation). This is reported in paragraph 11 of the Information of the Ministry of Labor of Russia dated April 4, 2016. However, nothing prevents the use of standards when hiring new employees.

What are the sanctions if professional standards are not applied?

What happens if an employer hires a person who obviously does not meet the requirements of the standard for the position of accountant or chief accountant? If the standard is optional, there is no reason to hold the employer liable (clause 13 of the Information of the Ministry of Labor dated April 5, 2016).

Sanctions are possible if mandatory standards are not applied. In this case, the employer may be issued an order to eliminate the identified violations. In addition, fines under Article 5.27 of the Code of the Russian Federation on Administrative Offenses cannot be excluded:

For officials— from 1000 to 5000 rubles;
Individual entrepreneur - from 1000 to 5000 rubles;
legal entities - from 30,000 to 50,000 rubles.

Elena GALICHEVSKAYA,
expert of Kontur.School, training center SKB Kontur company

What are professional standards? Why are they needed and for whom are they required? Professional standards various professions, their structure and purpose will be discussed in this article.

What are professional standards?

The professional standard of an employee is a special qualification characteristic. This document is necessary for workers for a simplified orientation process in their chosen profession. The requirements of the professional standard include the need to possess certain skills, abilities and knowledge.

The rules for the application of professional standards were established by the Labor Code at the end of 2012. The government of the Russian Federation confirmed these rules by issuing a corresponding resolution on January 22, 2013. There is also a separate order from the Ministry of Labor. Professional standards, of which there are currently about 2,000, must be developed and applied in accordance with special rules and regulations.

Russian employers are obliged to constantly pay attention to updated standards in their professional field. So, if he comes to work new person, the responsibility of the head of the organization will be to check his qualification level - in strict accordance with the professional standard. It is also worth noting that employers are able to create and change job descriptions, staffing schedules and other local acts, in accordance with the document in question.

As of 2017, many professional areas still remain without state standards. Persons working in such areas must work in accordance with local job descriptions. But there are also exceptions. For example, when a profession gives the right to various types of benefits and compensation, or if the work is somehow connected with restrictions. In these cases, the name of the position must be included in the professional standard, even if it is not necessary to use such a document.

About the application of professional standards

The legislation states that professional standards must be applied in a timely manner in the following situations:

it is necessary to conduct certification or recertification of employees;
there is a need for personnel management;
job descriptions are developed;
a high-quality personnel policy is being formed;
the work is rated;
employees are assigned tariff categories;
it is necessary to organize training or retraining of employees;
There is a need to establish a timely remuneration system.

Many employers ask a simple, but at the same time very important question: where are the approved professional standards located? The Ministry of Labor promptly posts the necessary documentation on its official website. It is there that there is a special register containing all the new professional standards. It is very important to check any such documents on official resources. This is especially true for employees of any organizations: employers often offer to work under a local act that does not comply with the regulatory requirements of the law. However, local acts that have obvious inconsistencies and violations should not be confused with job descriptions, which may be drawn up under the influence of the professional standard, but do not fully comply with it.

Are professional standards required for application? If the requirements for the qualification level of workers are established in the Labor Code, then yes. The law provides penalties for employers who refuse to implement relevant regulations in their organization. According to Article 5.27 of the Administrative Code, it is worth highlighting the following types punishments:

issuing a warning to the manager - but only for the first violation;
for heads of organizations - a fine of 30 thousand to 50 thousand rubles;
for officials - a fine of up to 5 thousand rubles;
a fine of up to 5 thousand rubles for managers of enterprises registered as individual entrepreneurs.

What can be said about the employees themselves, about those people for whom professional standards are mandatory? If changes have been made to the law and the provisions of the relevant documentation have become different, then the employee, of course, is not dismissed. He just needs to undergo re-certification or receive additional education. However, if such a task turned out to be beyond his strength, then dismissal would be completely legal.

Compliance of employees with professional standards: basic requirements

The introduction of professional standards, their application and use - all this is regulated by Article 195.3 of the Labor Code of the Russian Federation. The same article provides short definition qualifications of the employee, and also explains that the application of professional standards is the absolute responsibility of the employer in the event of a legal requirement for the qualifications of workers. It is worth examining this formulation using a simple example.

Suppose an accountant comes to get a job in an organization - insurance company or JSC. According to federal law, it must meet the following simple requirements:

presence of higher education;
having work experience in the specialty for a total period of at least three years.

Everything is quite simple here. But what to do if a citizen wants to get a job in an ordinary LLC, but there is no mention of it in the Federal Law “On Accounting”? What if the employee has good experience and an excellent track record, but does not have a college degree? You need to pay attention to the professional standard approved by the government of the Russian Federation. It should specifically state the required education and work experience. In particular, the document from 2016 states that a citizen can be hired with both secondary and higher education. It turns out that an accountant needs a higher education only to work in organizations specified in the Federal Law. And a person can work in an LLC even with a middle-class education.

The conclusion here can be drawn as follows: the system of professional standards is only auxiliary, recommended documentation, necessary in case professional requirements are not prescribed in the relevant law.

As an example, the three most common professional standards will be examined: teacher, accountant and personnel officer. All of these documents will help demonstrate the processes for applying the standards, as well as their content.

Professional standard for a teacher: application in accordance with the law

What is the professional standard of a teaching worker? Federal law“On Education”, as well as some other normative acts, establish the following concept:

The professional standard of a teacher is a special list of requirements, with the help of which the qualification level is determined, in accordance with which the teacher qualitatively fulfills all the duties assigned to him.

Pedagogical professional standards are constantly updated and modernized. It is very important to promptly adjust this kind of documentation to new scientific and educational realities. We should not forget about the requirements for the skills of teachers, their work experience and professional knowledge. At the moment, a government program for the transition to new standards has been approved - until 2020. All necessary professional standards should be implemented gradually, in several main stages. At the same time, both the stages of implementation and the form of documentation will be determined by regional authorities - in accordance with municipal legal acts. Special commissions are assembled, which should include representatives of various professional committees.

Each organization develops its own individual plan transition to new standards. However, some general events Still worth highlighting. These include:

Clarification of pedagogical standards in each specific educational institution. The main task here is to conduct employee reconciliations and then draw up protocols.
Carrying out verification work. It is necessary to review all existing employment contracts and various internal organizational acts. If necessary, employees are required to make appropriate changes.
It is necessary to check employees for compliance with standards. Thus, new professional standards in education require recertification of some employees of educational organizations.
You need to draw up a final report and submit it to management.

Thus, the work to implement new professional standards is truly extensive. What can you tell us about the immediate responsibilities of teachers?

Contents of the pedagogical professional standard

What is a teacher required to do in accordance with the new professional standards of 2017? The document regulates the following basic provisions:

Separately, professional standards in education regulate educational work. In particular, the job description of absolutely any teacher will contain the following points:

about the need to master the forms of educational work, as well as its high-quality application;
about the ability to organize extracurricular hours: excursions, walks, various cultural events;
about the ability to form value guidelines in children;
about the ability to build educational processes taking into account individual characteristics this or that child;
about the ability to create a friendly and favorable atmosphere in a group.

It is worth noting that the mandatory professional standards for the teaching profession also contain many other aspects: for example, about the development of personal qualities, about creative orientation, etc. To familiarize yourself in detail with the content of the documentation, you need to go to the official website of the Ministry of Labor.

An accountant belongs to the category of specialists who carry out financial transactions and economic accounting. The responsibilities of an accountant include making simple calculations for certain types of financial accounting. This means that the profession presented is divided into several subtypes. Accordingly, employers must qualitatively differentiate accounting qualifications and categories: be it leading, senior, district or chief specialist. It turns out that each category of accountant has its own job description. At the same time, there are only two professional standards: for the “ordinary” and the chief accountant. Perhaps the Ministry of Labor will soon release several more versions of the document under consideration.

Is a professional standard required for an accountant? Of course it is required. Moreover, employers who do not want to apply the requirements of this legal act will be subject to administrative liability.

The professional accounting standard places not just high, but the highest possible demands on knowledge of financial fundamentals. In particular, every accountant must know the basics of archival, medical or social insurance, pension, labor or even customs legislation. The main responsibility of an ordinary accountant is to prepare cost estimates for services.

Professional standard for chief accountant

What does a chief accountant do? The Federal Law “On Accounting Activities” states that the chief accountant is obliged to prepare and provide management with financial statements of a certain economic entity. The professional standard establishes the following mandatory functions of the employee in question:

It is important to note that the professional standard classifies tax reporting as financial reporting. At the same time Russian Ministry Labor is confident that an ordinary accountant will not be able to account for taxes: only the chief accountant should do this.

HR specialist: professional standards and instructions

The professional sphere of personnel records management involves two main types of professional standards:

The professional standard for HR specialist is divided into four chapters:

general provisions;
characteristics of the work functions included in the document;
description of job functions;
information about organizations that were involved in the development of professional standards.

The existing professional standard contains several generalized functions. It is in accordance with these functions that job descriptions are drawn up. Here are the responsibilities worth highlighting:

documentation support for work activities with personnel (a fifth level qualification is required, implying secondary education);
work to provide staff (higher education and sixth level qualification required);
work on employee assessment and certification (level 6 qualification required);
operating room or strategic management personnel of the organization (the seventh level of qualification is required, as well as work experience of at least five years).

In accordance with each function, the professional standard establishes:

qualification levels;
future names of a particular position;
training requirements;
work experience requirements;
all necessary knowledge, skills and abilities.

The list of mandatory professional standards for a personnel officer also contains a special classification, which will be discussed below.

General provisions of professional standards for personnel specialists

The document in question provides a definition of the concept of “qualification level”. According to the professional standard, this is a generalized set of requirements for the level of education of an employee, for his knowledge, skills and abilities. The higher the level of qualification of an employee, the more complex and even more prestigious his functions and responsibilities.
Professional standards for personnel workers establish three levels of qualifications for employees:

The fifth level of qualification involves independent performance of work to resolve various practical problems that require a qualitative analysis of the situation. A personnel officer with the fifth qualification level is required to deal with document flow for personnel records, as well as the hiring and dismissal of employees. Secondary vocational education required.
A specialist with the sixth qualification level is engaged in defining tasks own work or the work of subordinates. He is involved in the administration of document flow, organizing employee certification, conducting work internships, bonuses, corporate policy, monitoring its implementation, etc. Higher and additional specialized education is required.
The seventh level of qualification involves the identification of special strategies, as well as the development of innovative management activities. As a rule, this qualification level applies to managers and directors of human resources departments.

Thus, the main functions and categories of personnel officers are secured by the above professional standards. Various local acts written in accordance with the main document - such as job descriptions and staffing schedules - will also become mandatory for workers.

For whom are professional standards required?

Above, we discussed the three most common professional standards in the workplace: teacher, personnel officer and accountant. In total, there are about two thousand such documents, and their number is constantly growing. You can create a small classification to illustrate for whom professional standards and their requirements are mandatory. Currently, the following areas require the application of legal standards:

In each of the listed areas there are hundreds of professional standards. For example, in the healthcare sector individual documents regulate the areas of pediatrics, dentistry, psychiatry, etc. Each standard contains brief description activities of a specialist, qualification levels and corresponding responsibilities are given. Anyone can find the necessary professional standard in the official register of the Ministry of Labor.

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

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

Description of the application of the professional standard

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

Job titles depending on professional standards

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

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

An example of the mandatory use of a tariff reference book

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

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

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

Enterprises use professional standards in the following cases:

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

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

Register of professional standards and sub-registries

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

The register includes sub-registries:

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

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

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

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

Consequences of the introduction of PS for employees

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

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

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

Responsibility of an employer who does not apply professional standards

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

Refusal to apply standards is recognized administrative offense according to clause 4 or 5 of Art. 5.27 Code of Administrative Offences.

The procedure for introducing standards at an enterprise

The enterprise approves a schedule of actions for introducing standards:

Procedure	Description, additions
Creation of a commission to ensure the implementation of the PS	The working group includes people who understand the law - lawyers, human resources workers
Selection of standards that correspond to the activities of the enterprise	PSs that are mandatory for use and used in advisory form are separately defined.
Revision of local acts	Review of staffing and job descriptions
Issuing an order on the implementation of standards, conducting explanatory activities	The order is communicated to employees 2 months before job changes, for individual entrepreneurs - 2 weeks
Carrying out certifications	The procedure is regulated by the Regulations on Certification approved by the enterprise.
Preparation of new job descriptions, staffing schedules, regulations on remuneration	New forms must be communicated to employees against signature
Conclusion of additional agreements	Persons who refused to transfer to new conditions and in the absence of vacancies are subject to dismissal

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

Application of professional standards for different types of professions

Profession	Terms
HR worker, clerk	The standard is of a recommended nature. Contains 8 levels of generalized labor functions, requirements for education and work experience
Accountant	Recommended character. Developer: IPB RF. Compliance testing system is under development
Teacher	The introduction of the standard is postponed to September 1, 2019 due to the need for improvement. The standard will be consistent with the legislative norms of the Ministry of Education
Supervisor	Has a recommendatory nature. It is applied separately for each area, taking into account the specifics

Answers to questions

Question No. 1. Does it matter organizational form enterprises or sources of financing when introducing professional standards?

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

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

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

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

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

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

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

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

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