List of positions required for professional standards. Official clarifications of the Russian Ministry of Labor on the application of professional standards

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 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:

“As of 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 the availability of 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, requirements for higher education and certain work experience are established. 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 act, then regardless of the emergence of professional standards, employers were obliged to be guided by such requirements when hiring workers.”

Go ahead. 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 terms of 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) specified 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 professional standards that are subject to application have been identified, working group compiles a report. The report must reflect a list of accepted professional standards according to which the employer operates. 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 conducting 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 workers (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 literal wording of Part 2 of Article 195.1 of the Labor Code of the Russian Federation. 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, except for cases provided for by federal laws and other regulatory legal acts Russian Federation(Clause 5 of the letter from 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 of employees in connection with the 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 law requires Additional requirements qualifications, they must be sought 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”.

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

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

Professional standard - what is it?

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

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

Currently in the register of professional standards on the website of the Ministry of Labor and social protection RF approximately 800 documents. By the end of 2016, this figure should increase by at least another 200. Next, the ministry will increase the list of mandatory standards to 2000.

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

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

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

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

There are two cases when the job title must be indicated as in the professional standard, even if it is not necessary to use it.

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

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

If the professional standard has not been approved for such professions, indicate the position according to qualification reference books. This is relevant, for example, for doctors and teachers who are entitled to benefits: additional holidays, abbreviated work time, preferential pension.

Where is the list of mandatory professional standards posted?

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

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

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

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Official list of professional standards website of the Ministry of Labor

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

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

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

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

Employees with education in the following areas will not be able to work as methodologists. Humanitarian sciences"(historians). “Society Sciences” (psychologists, lawyers, economists)

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

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

Application of professional standards

Organization of employee certification.
Personnel Management.
Development job descriptions.
Formation of personnel policy.
Tariffing of works.
Organization of employee training.
Assignment tariff categories.
Establishment of a wage system.

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

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

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

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

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

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

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

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

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Transition to professional standards professional accountant, teacher

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

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

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

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

Approximate plan for the transition to Russian professional standards:

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

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

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

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

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

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

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

If the work entitles the employee to any benefits or compensation, and is also associated with restrictions, then employment contract The title of the position should be reflected in the same way as in the PS or qualification directories.

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

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

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Qualification requirements for specialists in various industries

For an accountant of a budgetary institution:

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

For the head of an educational institution:

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

For the head nurse:

Secondary specialized or higher education in the field of nursing.
If you have a specialized secondary education, your experience is at least 10 years; if you have a higher education, you have at least 5 years of experience.

For the programmer:

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

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

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

This document contains the following information:

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

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

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Who draws up the professional standard of a teacher and others

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

PS can be compiled:

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

Professional standards

Register of professional standards
Dictionary and reference guide "Development and application of professional standards"
Expert database for developing and discussing professional standards
Register of Councils for Professional Qualifications

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

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

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

Employers started thinking about which organizations are required to apply professional standards after July 1, 2016, when the provisions of the Labor Code of the Russian Federation on the rules for applying standards came into force. However, the mandatory nature of professional standards is established only for certain cases, which we will discuss in our article.

Are professional standards mandatory for everyone?

The norms of the Labor Code of the Russian Federation, which came into force on July 1, 2016, do not oblige all enterprise managers to apply professional standards in their activities. Mandatory are only cases when the employer takes as a basis the provisions of documents relating to the qualification requirements for the profession, if this is indicated by the legislator, or work in this position involves the provision of benefits or the imposition of restrictions.

If the head of an organization does not apply the provisions of professional standards, which are mandatory by law, in his activities, he may be subject to administrative punishment under Art. 5.27 Code of Administrative Offenses of the Russian Federation. True, in the event of a primary violation of the provisions of the article and proven innocence, employers, as a rule, receive only an order to eliminate the violations.

For whom have professional standards become mandatory since July 1, 2016?

The mandatory application of professional standards is not fixed in the text of the standards, so these documents themselves do not answer the question of which organizations they are mandatory for. To answer, you need to refer to the text of Art. 195.3 of the Labor Code of the Russian Federation, which establishes the rule that if the legislator has established requirements for the qualifications of an employee occupying a certain position, then in this case professional standards regarding these requirements are mandatory for application. In particular, Art. 330.2 of the Labor Code of the Russian Federation provides for the application of qualification requirements, which are specified in professional standards, for citizens engaged in underground work.

In addition, part 2 of Art. 57 of the Labor Code of the Russian Federation provides for the mandatory application of standards in cases where we're talking about that the performance of work in a certain position is associated with providing the citizen with social guarantees or benefits or entails the imposition of restrictions. In this case, the positions (or rather, their names and the list of qualification requirements for the employee) must comply with the provisions of professional standards.

Does the legal form of the company or the form of ownership affect the mandatory application of the professional standard? No. Only the points mentioned above affect the obligation. Thus, if this is provided by the legislator, then even commercial enterprises with only 2 units on staff must comply with the requirements of the law.

However, in practice there is also an opinion that, starting from July 2016, professional standards must be applied by absolutely all employers. Supporters of this point of view argue their position by the fact that the Labor Code of the Russian Federation indicates the mandatory application of standards if approved by the legislator. Professional standards are approved by orders of the Ministry of Labor of the Russian Federation - therefore, they are all normative in nature (that is, their provisions apply to all citizens and organizations). It turns out that already in the professional standard itself, the legislator tacitly indicates the obligatory nature of its application in practice. However, this opinion contradicts the basic principles of the introduction of professional standards, according to which the requirements for the application of their provisions must be established by a third-party act, otherwise the meaning of Art. 195.3 of the Labor Code of the Russian Federation will be lost.

Note: if an employer decides to use the provisions of professional standards in his activities, although this is not mandatory for him, he must independently develop a system for putting the standards into effect. That is, he has the right to apply the provisions of the standards, taking into account the specifics of production.

Mandatory application of professional standards and state/municipal enterprises

There are many organizations on the territory of the Russian Federation in which a controlling stake belongs to the state or municipality. They, as a rule, are in a special position, and their legal status is established by special regulations. The question arises: are all professional standards obligatory for them without exception?

The legislator transferred the authority to establish the fact that standards are mandatory for such companies to the Government of the Russian Federation. However, the opinion of the Tripartite Regulatory Commission must be taken into account. labor relations. Today there is no such act - and this means that professional standards in such organizations should be applied only if this is established in the Labor Code of the Russian Federation (Government Decree “On the specifics of the application of professional standards in terms of mandatory requirements” dated June 27, 2016 No. 584).

For which positions are professional standards required?

According to the Labor Code of the Russian Federation, the use of professional standards is mandatory for positions in which work involves the provision of benefits to the employee or the imposition of restrictions, as well as in other cases established by the legislator. However, such an answer, alas, does not solve all questions regarding the application of standards in practice.

For example, what to do if the job title does not comply with the provisions of the professional standard? If we are talking about a situation where the work involves the presence of benefits or restrictions, then the name of the position must be exactly the same as indicated in the text of the standard or qualification reference book. True, in some cases the name of the position in the professional standard differs from the name in the directory. For example, the names of positions in the list of hazardous professions that give the right to early retirement differ from the names of positions that are indicated in specific professional standards for a certain type of activity. In this situation, the Government of the Russian Federation should provide explanations, but so far there is no such document.

Another question is also very relevant: what to do if, for example, the staffing table states a labor protection engineer, but the text of the standard only contains a labor protection specialist? In this case, it is necessary to exclude the position of an engineer from the staffing table and add a specialist there, enter into an additional agreement with the employee to the employment contract, and note the change in work book and write the new job title in the employee’s personal card.

At the same time, however, it may happen that a citizen refuses to move to a new position, wanting to work as an engineer all his life, and Art. 74 of the Labor Code of the Russian Federation prohibits the employer from unilaterally change the employee’s labor function regardless of the reasons for such change. It is important to know here that the labor function is determined by the job title, type and volume of work. If the name of a position in the staffing table does not correspond to its name in the professional standard and ETKS, the employer has the right to simply reduce it and fire the employee due to staff reduction in order to later introduce a new position into the schedule.

What to do if an employee does not meet the requirements established in the standard?

Let us consider, for example, a situation where the qualification requirements set out in the standard are mandatory for application, but the employee who holds this position does not, for example, have the required level of education.

There are two ways to resolve this situation:

The employee is offered a transfer to another position.
The employee is sent for training. In this case, the employer must determine for himself whether he will train the citizen at his own expense. As a rule, if a decision is made to invest company funds in an employee’s education, an apprenticeship agreement is concluded with him, according to which, after receiving a diploma, the employee is obliged to work for the amount of time specified in the text of the agreement in the organization. Otherwise, the student may be charged all tuition costs. In addition, the employer is obliged to provide the employee with the full range of guarantees and compensations provided by the legislator.

Attention: in the cases specified by regulations, the employer is obliged to conduct retraining or provide advanced training for certain categories of employees at his own expense - as, for example, in the case of medical employees, who must confirm their qualifications every 5 years.

Is it possible to dismiss an employee if his qualifications do not meet the requirements of the professional standard in terms of education? An employer has the right to dismiss its employees only after they have passed certification, as a result of which it is revealed that their qualifications do not correspond to the position they occupy. Without certification activities, the employer, even if the citizen does not have the education required by the standard, has the right only to transfer him to another position or send him for training.

Another important issue that we would like to draw your attention to is the change in the list job responsibilities workers, provided that the employer is obliged to apply the provisions of the professional standard in its activities. The head of the enterprise has the right to approve new texts of job descriptions or make changes to existing documents. However, he must first agree on this with the employee himself, since additional responsibilities cannot be assigned to him without the latter’s knowledge.

Who is responsible for implementing professional standards in 2016-2017?

Mandatory professional standards must be introduced into the activities of the organization by its head. Despite the fact that the legislator explained in some detail who should use the provisions of the standards in their work, he bypassed the very procedure for implementing this in practice. Well, we present to your attention one of the options for implementing a system of professional standards at an enterprise.

One employee, for example an employee of the HR department, is not able to implement the standard into the activities of the enterprise, so the issue requires a commission decision. The first thing the head of the company must do in this case is to issue an order to create a working group to develop a plan for the transition to professional standards. The document specifies the composition of the group and the time frame for developing proposals.

The created group is developing detailed plan activities, indicating deadlines for completing tasks, a list of responsible persons and a list of issues themselves. The plan, as a rule, is approved by the group leader and submitted to the head of the organization for clarification. In this case, all performing employees must be familiar with the document.

Next, the working group studies the professional standards that have already been adopted by the Ministry of Labor and correlates them with the current staffing schedule at the enterprise. If there are difficulties in correlating the standard with a specific group of positions, it is necessary to familiarize yourself with such sections of the document as “Group of occupations” and “The main purpose of the type of profession. activities." We remind you once again: if the text of the standard does not indicate a specific position as it is written in the staffing table, then you should not make the mistake and assume that the standard does not apply to this profession. Professional standards are developed for the type of professional activity, and not for the position.

The result of the group’s work will be to bring all internal documents of the organization in accordance with the standard.

What are professional standards? Why are they needed and for whom are they required? Professional standards of 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 characteristics. 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 tables and other local acts, in accordance with the document in question.

As of 2017, many professional fields 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 issue: Where are the approved professional standards located? The Ministry of Labor publishes in a timely manner 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 regulatory requirements 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 Code of Administrative Offences, it is worth highlighting the following types of 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 changed, then the employee, of course, is not fired. 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 include specific information about 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? the 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 activities are 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 inspection 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 is required to know the basics of archiving, 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 he do? Chief Accountant? The Federal Law “On Accounting Activities” states that the chief accountant is obliged to draw up and provide management with financial statements 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 refers tax reporting to financial reporting. Wherein 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);
operational or strategic management of the organization's personnel (seventh level qualification required, as well as at least five years of work experience).

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, requiring qualitative analysis situations. A personnel officer with the fifth qualification level is required to deal with document flow 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, separate documents regulate the areas of pediatrics, dentistry, psychiatry, etc. Each standard contains short 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.

The Ministry of Labor has approved professional standards that employers who hire employees to perform functions that require special qualifications established by the Labor Code or regulations must take into account. Professional standards have been developed for groups of related professions that are similar in basic competencies or psycho-physiological requirements.

From the article you will learn:

Professional standards of the Ministry of Labor

The professional standards of the Ministry of Labor are a requirement for the qualifications necessary to perform professional activities (Article 95 of the Labor Code of the Russian Federation). In turn, qualifications determine the list of knowledge and skills, experience and professional skills necessary for quality work.

The register of professional standards of the Ministry of Labor contains:

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5 main misconceptions about professional standards.

detailed information system, defining the appropriate qualification requirements for specific positions. It is worth considering that professional standards are developed for types of professional activities, and not for individual positions.
definitions connecting the spheres of vocational education and labor;
detailed descriptions that help to focus on the real professional experience of specialists, and not on educational programs.

Download documents on the topic:

The professional standards of the Ministry of Labor will help the employer:

form the basis of the organization’s personnel policy;
install the system wages;
determine the specific job function of each employee;
correctly formulate the main responsibilities when concluding or amending employment contracts;
develop job descriptions;
carry out tariff calculations with assignment of appropriate tariff categories to employees;
prepare for training and certification.

The official website on professional standards of the Ministry of Labor explains that when determining labor functions, concluding or amending employment contracts in accordance with Article 57 of the Labor Code of the Russian Federation, prerequisite is an indication of labor functions. When establishing a position, it is worth using the job titles contained in the corresponding block of the third section of the professional standard.

Fundamentals of approval development, application professional standards carried out according to the current rules established by the Decree of the Government of the Russian Federation.

Application of the register of professional standards of the Ministry of Labor

when developing the personnel policy of the enterprise;
organizing staff training;
certifications;
tariffs.

Please note: you cannot do without professional standards if their application is regulated by the Labor Code, Federal laws, and regulations.

When assessing the activities of specialists, it is rational to focus on professional standards. When promoting employees, take into account the level of qualifications, professional skills and experience. The 2019 Register of Professional Standards on the Ministry of Labor website will allow you to find an effective approach to the system for developing methods for adapting personnel.

This, in turn, will help to fully staff the enterprise with specialists of the required qualifications, create personnel reserve, reduce staff turnover. Reducing the costs of such activities has a positive effect on the economic stability of the organization.

By downloading the 2019 Register of Professional Standards of the Ministry of Labor, you can develop or adapt job descriptions taking into account new requirements. The employer should prepare in advance for the transition to professional standards.

On July 1, 2016, amendments made to Labor Code(Federal Law of May 2, 2015 No. 122-FZ). Since then, professional standards have become mandatory for some types of labor activity(Article 195.3 of the Labor Code of the Russian Federation, from July 1, 2016).

Professional standards approved by the Ministry of Labor 2019

The following types of organizations are required to apply approved professional standards:

state extra-budgetary funds;
state and municipal institutions;
unitary enterprises;
corporations;
state-owned companies and business companies, located in state or municipal property.

Employers are required to take into account the national register of professional standards of the Ministry of Labor of Russia 2019 and apply all available methods for its use. Implementation is carried out in the manner established by internal regulations. When hiring personnel, you should focus on the level of education, qualifications, experience, knowledge and skills of the applicant.

When conducting a preliminary conversation, pay attention to these qualities. And only secondarily, take into account the other parameters necessary for high-quality and fruitful work.

It is much more difficult to apply the professional standards of the Ministry of Labor to specialists who have already been working in the organization for a certain time. For example, if this is the chief accountant, head of the human resources department, customer service specialist, or an employee serving a certain area. What to do in this case?

The employer has three options:

provide opportunities to learn and improve skills;
rename the current position to another one that is not indicated in the professional standard;
transfer the employee and assign duties corresponding to the level of qualification.

Article 57 of the Labor Code of the Russian Federation states that the profession specified in the current employment contract must comply with classifiers and standards when establishing benefits, guarantees or restrictions. The professional standard website of the Ministry of Labor ru confirms these requirements.

The employer is obliged to take this into account when conducting the next certification of employees, carried out on the basis of Article 81 of the Labor Code of the Russian Federation. This will help avoid punishment during inspection. But the main task of fulfilling requirements is to ensure efficient work organizations.

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Conclusion

Documents confirming the level of education will be crucial when hiring new specialists. Skills, abilities and experience can be acquired in the process of work. And to fill the lack of technical knowledge only through repeated training, for which the organization will have to spend additional budgetary funds.

The innovations that have come into force primarily serve to protect the employer, who is obliged to study all the information in order to avoid mistakes.