Ministry of Labor register of professional standards. For whom professional standards are required: list of positions

In many accounting and personnel media, various experts give their interpretation of the concept of “professional standard”. However, we believe that you need to turn, first of all, to the original source and look at the wording given in the labor legislation.

A professional standard is a characteristic of the qualifications required for an employee to carry out a certain type of professional activity (Part 2 of Article 195.1 of the Labor Code of the Russian Federation).

Thus, approved professional standards characterize the qualifications that a particular person must have to engage in a certain job or type of activity. Please note: a professional standard can describe qualifications not only for a specific position (for example, “accountant” or “internal auditor”), but also for entire areas of activity (for example, human resources management).

What does the professional standard include?

An approved professional standard is essentially a document in which:

job functions are described;
acceptable job titles are given;
education requirements are specified;
criteria based on work experience

Approval of professional standards

The approval of professional standards occurs gradually. By mid-2016, more than 800 professional standards had already been approved. All information about professional standards approved by the Ministry of Labor is included in a special State Register. This register is posted on the official page of the Russian Ministry of Labor, in the appropriate section (See http://profstandart.rosmintrud.ru/).

We also present the regulatory legal acts on the basis of which the Ministry of Labor develops and approves professional standards:

The professional standards plan for 2014–2016 was approved by order of the Government of the Russian Federation dated March 31, 2014 No. 487-r;
The rules for the development, approval and application of professional standards are established by the Decree of the Government of the Russian Federation of January 22. 2013 No. 23;
methodological recommendations for the development of a professional standard, approved by order of the Ministry of Labor of Russia dated April 29, 2013 No. 170n;
layout of the professional standard, approved by order of the Ministry of Labor of Russia dated April 12. 2013 No. 147n;
qualification levels for the purpose of developing draft professional standards, approved by Order of the Ministry of Labor of Russia dated April 12, 2013 No. 148n.

Is it possible to independently approve the professional standard?

The right to approve professional standards is vested exclusively in the Ministry of Labor of the Russian Federation. However, employers have the right to propose their own draft professional standard for a particular position or type of activity (clause 10 of the Rules approved by Decree of the Government of the Russian Federation dated January 22, 2013 No. 23). After passing certain procedures, the Ministry of Labor can approve the professional standard and enter it into the register of professional standards.

How to introduce professional standards into work

The legislation, in principle, says nothing about how exactly employers should implement professional standards. In this regard, in our opinion, employers (organizations or individual entrepreneurs) have the right to independently determine the procedure for introducing professional standards into their work. So, for example, an organization or individual entrepreneur can, for starters, create a working group that will simply check whether employees comply with approved professional standards. Such a check will become one of the stages in the implementation of professional standards. Based on its results, the employer will at least understand which of the employees meets the approved professional standards and who does not.

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

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

Professional standard - what is it?

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

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

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

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

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

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

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

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

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

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

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

Where is the list of mandatory professional standards posted?

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

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

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

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Official list of professional standards website of the Ministry of Labor

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

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

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

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

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

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

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

Application of professional standards

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

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

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

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

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

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

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

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

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 - a fine of 1-5 thousand rubles.

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Transition to professional standards professional accountant, teacher

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

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

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

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

Approximate plan for the transition to Russian professional standards:

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

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

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 activities for the implementation of the PS.

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

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

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

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Qualification requirements for specialists in various industries

For an accountant of a budgetary institution:

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

For the programmer:

For a programming technician, as well as a junior programmer, the absence of higher education and work experience is acceptable.
For a programmer it is the same, 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 needs of employees for training and retraining, a training plan for the current year should be drawn up and submitted to the manager for approval.

This document contains the following information:

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

This document may be useful in the event of an audit, as it reflects the fact of the conscientious implementation of professional standards on the part of the employer.

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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 companies with the participation of educational institutions of 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, with the exception of cases provided for by federal laws and other regulatory legal acts of the Russian Federation.

Exclusive rights to the presented material belong to ConsultantPlus JSC.

The material was prepared using legal acts as of 07/04/2016.

There are more conditions under which it is mandatory to apply professional standards

If an employer does not apply mandatory professional standards, he faces a fine

An independent assessment will determine whether the employee’s qualifications meet the professional standard

Even if professional standards are mandatory, you won’t have to fire an employee for non-compliance

Professional standard for an accountant: no fundamental changes have occurred since July >>>

There are more conditions under which it is mandatory to apply professional standards

Even if professional standards are mandatory, you won’t have to fire an employee for non-compliance

Mandatory professional standards must be applied, in particular, when hiring new employees. According to the Ministry of Labor, the entry into force of professional standards is not a reason to fire those who are already working.

Professional standard for an accountant: no fundamental changes have occurred since July

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

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

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

1. Why are professional standards developed and adopted?

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

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

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

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

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

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

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

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

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

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

4. Will ETKS and EKS be cancelled?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Why are professional standards needed?

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

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

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

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

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

State register of professional standards

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

Professional standards and their scope of use

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

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

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

Mandatory application of standards

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

EXAMPLE

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

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

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

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

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

Requirements for employees to comply with professional standards

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

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

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

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

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

Improvement of employee qualifications

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

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

Controversial point: is it necessary to study?

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

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

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

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

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

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

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

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

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

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

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

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

Strict adherence to professional standards

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

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

Mandatory professional standards in private organizations

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

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

Differences in the professional standard and qualification reference book

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

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

Dismissal of employees

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

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

Changes in job responsibilities

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

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

Changes in employment contracts

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

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

Tuition payment

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

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

Transfer to a higher position

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

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

Responsibility for ignoring the requirements of professional standards

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

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

Also see video on the topic of professional standards