Department of Labor Register of Occupational Standards. For whom professional standards are required: list of positions

In many accounting and personnel media, various experts give their interpretation of such a concept as a “professional standard”. However, we believe that it is necessary to refer, first of all, to the source and look at the wording given in the labor legislation.

Professional standard - a characteristic of the qualifications necessary 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 person must have to engage in a particular job or 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, personnel management).

What does professional standard include

The approved professional standard, in fact, is a document in which:

labor functions are described;
allowable job titles are given;
specified educational requirements;
work experience criteria

Approval of professional standards

Approval of professional standards occurs gradually. By the middle of 2016, more than 800 professional standards have 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 website of the Ministry of Labor of Russia, in the relevant section (See http://profstandart.rosmintrud.ru/).

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

The Plan of Professional Standards for 2014–2016 was approved by Decree of the Government of the Russian Federation No. 487-r dated March 31, 2014;
The rules for the development, approval and application of professional standards are established by a decree of the Government of the Russian Federation of January 22. 2013 No. 23;
guidelines 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 12.04. 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

In principle, the legislation does not say anything 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 simply checks whether employees meet approved professional standards. Such a check will become one of the stages of the introduction of professional standards. Based on its results, the employer will at least understand which of the employees meets the approved professional standards and which does not.

The article will help you find out what professional standards are, 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 of a teacher, an accountant.

Since July 1, 2016, professional standards have been applied to many professions. They include a list of requirements and conditions. Which must be observed in relation to employees. About how to properly implement professional standards for a teacher, teacher, accountant. What documents should be studied and what threatens for non-compliance with the law, you can learn from this article.

Professional standard - what is it?

Professional standard 2019 is a qualification characteristic. Which is necessary for an employee so that he can work in a certain profession.

This concept includes the 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 dated January 22, 2013. The article regarding professional standards is valid from July 1, 2016.

At the moment, there are about 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. Further, the ministry will bring the list of mandatory standards up to 2000.

On July 1, 2016, the new Labor Code of the Russian Federation will come into force. Which is called "Procedure for the application of 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 regulatory legal acts. (Article 11 of the Law on Education, as well as Article 73). For other employees, professional standards are advisory in nature.

Employers, guided by the professional standard, can make changes to job descriptions. Staffing, revise local acts ( 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 necessarily apply if the qualification requirements for employees are established by the Labor Code. Federal laws or other regulatory legal acts (Article 195.3 of the Labor Code of the Russian Federation). See the table for a list of professions for which requirements are established by law.

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 job qualifies for compensation or benefits.

2 . If the work is associated with 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 the qualification directories. This is relevant, for example, for doctors and teachers who are entitled to benefits: additional holidays, reduced working hours, preferential pensions.

Where is the list of mandatory professional standards located?

The professional standard is developed and adopted by the Ministry of Labor of the Russian Federation. Further, in order for the specified document to become legally valid, it will have to be registered with the Ministry of Justice of the Russian Federation.

The official register of approved professional standards in Russia is, in fact, 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. You should make sure 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

The list of approved professional standards for teachers, personnel officers, accountants since 2016 is given.

What should be the education of teachers according to the professional standard

The general requirements of the professional standard for the education of teachers do not take into account the specifics of additional education institutions. The teacher must have education in the direction of training and specialties "Education and Pedagogical Sciences".

The new professional standard changed the requirements for the education of methodologists and equated them with teachers. Therefore, if you have already transferred methodologists to the old professional standard, whose education does not correspond to the areas of higher education and the specialties "Education and Pedagogical Sciences", then it is better to return them to the terms of the qualification directory.

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

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

Whether the employee needs additional education is decided by the commission during the certification of the employee. Or the head of the institution (Article 196 of the Labor Code). Although if the education of an employee 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 certification of employees.
Personnel Management.
Development of job descriptions.
Formation of personnel policy.
Work billing.
Organization of employee training.
Assignment of 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 qualification of employees are established in the Labor Code of the Russian Federation and other regulatory legal acts.

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

Work experience of at least 3 years in the last 5, if there is an appropriate education. Necessarily associated with 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.
The absence of a 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 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 scope of responsibilities of employees may become more extensive. In no case should this action be performed without notifying the employee about it. 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 professional standards of 2016, 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 there is no vacancy in the organization for him corresponding to his knowledge and skills. Also, the employee may be offered additional education in order to further comply with the professional standard.

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

First offence, warning.
For organizations - a fine in the amount 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 introduction of professional standards is a labor-intensive process and one responsible employee can easily carry out this procedure. Actually it is not. Therefore, it is recommended to form a group of employees in order for them to 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 for specific guidance 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 planning and economic 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 the delivery of draft documents from the performers.
Identify responsible persons responsible for the implementation of the plan.

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

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

Next, choose the PS suitable for the position and compare the real goal of a certain type of professional activity with that reflected in the document. Having carefully worked out this issue for each of the positions, you can choose 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 the general characteristics of the positions, and not a specific profession. Also, as a result of working with PS, there may be a need to rename positions.

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

Issuance of an order on the establishment of a commission for the implementation of the PS in the organization.
Holding a committee meeting
Drawing up an implementation plan.
Determining the correspondence of positions in the organization and existing PS.
Rename jobs if needed.
Inscribing changes and innovations in job descriptions.
Making changes to the wage system.
Development and implementation of activities aimed at retraining employees.
Certification of workers.
Carrying out other organizational measures 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 name of the position should be reflected in the employment contract in the same way as in the PS or qualification directories.

It is worth noting that there may be differences between the qualification handbook and professional standards. For example, positions that are entitled to a preferential pension do not match. The equivalence of these concepts in the future is planned to be established by the Government of the Russian Federation. The decision on this issue should be documented in the minutes. Because in the case of verification, it is the protocol that will give an answer to the question - "Why is the name of the position not similar to that indicated in the PS." This fact will also help in case of conflicts with employees or claims from inspection bodies.

The PS reflects sufficiently 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 public institution:

The minimum requirement is the presence of 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 managerial position for at least 3 years.
Do not have a ban on teaching activities.

For the head nurse:

Secondary specialized or higher education in the field of nursing.
If the education is secondary specialized - at least 10 years of experience, if higher - at least 5 years.

For the programmer:

For a programmer technician, as well as a junior programmer, the lack of higher education and work experience is acceptable.
It is similar for a programmer, but the work experience must be at least 6 months and it is obligatory in the field of software development.
A software engineer and a senior programmer must have a higher education and at least a year of experience in the specified field.
For a lead programmer, a higher education and at least 3 years of experience are required.

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

After determining the needs of employees in 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:

Surname, name, patronymic of employees.
Positions.
Description of required training or retraining.
Explain the reasons for sending employees to training.
period of training activities.
Reasons for choosing a particular educational service provider.

This document may be useful in case of verification, as it reflects the fact that the employer has fulfilled professional standards in good faith.

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Who draws up the professional standard of the teacher and others

Who it professional educator? Additional information, documents for the application of professional standards of a teacher, accountant, auditor are provided.

PS can be made up:

Employers.
professional communities.
self-regulatory companies.
Other non-profit firms with the participation of educational institutions of vocational education and other organizations that are interested in this.

Professional Standards

Register of professional standards
Vocabulary and reference manual "Development and application of professional standards"
Base of experts on the development and discussion of professional standards
Register of Vocational Qualifications Councils

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The Ministry of Labor in letter No. 14-2 / OOG-6465 dated 07/06/2016 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 comply with the names and requirements, specified in qualification handbooks or professional standards.

In cases where the names of positions, professions, 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 the employer does not apply the mandatory professional standards, he faces a fine

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

Even if the professional standard is mandatory, you will not have to dismiss the employee for non-compliance

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

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

Even if the professional standard is mandatory, you will not have to dismiss the employee for non-compliance

It is necessary to apply mandatory professional standards, in particular, when hiring new employees. Like the Ministry of Labor, the entry into force of professional standards is not a reason to dismiss those who are already working.

Professional standard for an accountant: there have been no fundamental changes 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 were added to the currently existing 5th and 6th levels. Separately, the standard singled out such competencies of the chief accountant as reporting on separate divisions, providing accounting services, preparation of consolidated financial statements, etc.. At the same time, specialists corresponding to the highest qualification level, the 8th, can compile and present consolidated financial statements (IFRS). It is also assumed that accountants will have 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, the FSB Development Program for 2017–2019 based on IFRS) in the legal regulation of accounting in Russia. In the near future, every chief accountant, both in large and small businesses, will need knowledge of IFRS. Accountants, auditors and employees of financial services are advised to follow the innovations in order to have time to prepare for their application.

"Information of the Ministry of Labor of Russia on the application of professional standards"

1. Why are professional standards developed and adopted?

Professional standards are complex in nature and reveal the knowledge and skills necessary for the employee to perform labor functions. Maintaining up-to-date information on popular and promising professions, modern requirements for employees and taking these requirements into account in the personnel training system should be provided by the state. Increasing the professional level of employees has a significant impact on labor productivity, reducing employers' costs for the adaptation of employees in employment, as well as on the competitiveness of employees in the labor market.

Regarding issues that arise in practice in connection with the introduction 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 dated 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 dated January 22, 2013 No. 23) is carried out taking into account priority areas development of the economy and proposals of 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 the 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 Ministry of Labor of Russia in the prescribed manner by various organizations.

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

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

The Ministry of Labor of Russia maintains the 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 "Scientific Research Institute Labor and Social Insurance" of the Ministry of Labor of Russia (http://vet-bc.ru). All information about professional standards, including those being developed and planned for development, is placed on the same resources.

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

4. Will ETCS and CEN 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 are already in place at the present time (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 handbook and the 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, with the exception of cases provided for by federal laws and other regulatory legal acts of the Russian Federation.

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

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

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

The obligatory 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, ensure the quality of work (services) performed, these organizations should analyze the professional competencies of employees for compliance with professional standards, if necessary, draw up a plan for training employees and additional professional education for employees within the budget for the respective year.

8. The professional standards approved by the Russian Ministry of Labor are regulatory 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, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply. 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 employers to apply 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, 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, 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 under other regulatory legal acts, we mean resolutions and orders of the Government of the Russian Federation, orders of federal executive bodies 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, in terms of requirements, these regulatory legal acts shall apply.

9. Should the requirements of the professional standard be spelled out in the employment contract / job description of the employee in full, or can 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 duties of employees. At the same time, 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, other regulatory legal acts of the Russian Federation.

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

10. Can the duties of employees, the requirements for education and length of service, 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 be trained)? There is no such basis in the Labor Code of the Russian Federation.

The obligations of employees cannot be changed automatically in connection with 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 labor function of the employee 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 on changing the terms of the employment contract determined by the parties.

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

The entry into force of professional standards is not a basis for the dismissal of employees. The admission of an employee to perform a labor function is the authority of the employer.

The employer also has the right to conduct certification of employees. So, when applying qualification handbooks and professional standards, persons who do not have special training or work experience established in the "Qualification Requirements" section, but who have sufficient practical experience and perform the duties assigned to them qualitatively and in full, on the recommendation of the attestation commission are appointed to the respective positions in the same way as persons with special training and work experience.

11. Do employees have to bring their qualifications to the requirements of professional standards? Is the employer responsible for sending the 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 for employees for their own needs is determined by the employer. The 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, labor contract.

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

The question 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 exemption from work specified in the employment contract, the employee's remuneration is made 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 employees, in the following cases:

in accordance with 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 in these positions, professions , specialties are associated with the provision of compensation and benefits or the presence of restrictions;

in accordance with article 195.3 of the Labor Code of the Russian Federation, the requirements for the qualification 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, other regulatory legal acts of the Russian Federation.

Thus, if these mandatory requirements of the law are not met, then the employer may be issued an order to eliminate the identified violations of labor legislation, and he may also be held administratively liable in accordance with Article 5.27 of the Code of Administrative Offenses.

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

Issues of regulation of professional standards since 07/01/2016 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, by virtue of them, is it necessary to rewrite internal personnel documentation? Do staffing and job descriptions need to be adjusted? What to do if it turned out that the education of employees does not meet accepted standards? Is it necessary to retrain employees, send them to advanced training courses? And, most importantly, who controls all this? Unions? Labor inspectors? Let's figure it out.

Why professional standards are needed

A professional standard is the name of an important foundational 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 qualification of an employee, which he must comply with in order to rightfully take his place in the staff of any company, regardless of its type of 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 Professional Standard Model”).

Unlike specialized guides on qualifications, professional standards give a clearer picture 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 present 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 Ministry of Labor of Russia in the appropriate section. See http://profstandart.rosmintrud.ru/:

Professional standards and their scope

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

to organize training and certification of employees;
formation of policy in staffing the enterprise with highly qualified personnel;
organization of management processes;
derivation of internal tariffs for the work performed;
facilitating the classification of tariff categories;
development of own systems of payment for working hours, taking into account the peculiarities 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 (owner of the company) unquestioningly follow them, taking them as step-by-step instructions? Or does he have the right to choose the scope and order of their application? Let's try to deal with these questions.

Mandatory application of standards

The third paragraph of part 2 of article 57 of the Labor Code of the Russian Federation speaks of the mandatory professional standards. In particular, this provision mentions such an important document as an employment contract. So, if the receipt by an employee of an enterprise of special benefits, compensations or restrictions is directly related to the performance of duties inherent in a particular position, then the employer must be guided by reference books on qualifications or state professional standards.

EXAMPLE

Citizen "P" by type of service is involved in especially harmful and hard work. The benefit and compensation for citizens engaged in such activities is early retirement. This means that after leaving for a well-deserved rest, the employee can count on receiving the benefits due to him, in the employment contract his position must be spelled out 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 competently draw up and fill out all the necessary documentation. If a mistake is made and it emerges (suppose, at the request of the employee himself or as a result of the ongoing audit of the enterprise), then the company's management can 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.

Requirement for compliance of employees with professional standards

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

To make it clearer, we will analyze this point using the example of a 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 make these requirements if the accountant gets a job in a regular LLC? What if the potential chief accountant does not have a higher education, but he has valuable experience and a good track record? Let's look at the professional standard "Accountant". It follows from it that a person can be accepted for the position of an accountant with both higher and secondary education.

Therefore, we believe that higher education is obligatory 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 a public company). If not, then it will be enough to have a secondary education and work experience, which are prescribed in the professional standard.

Staff development

The employer has the right to send employees of his company 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 appropriateness of such training. Most often - to raise the status of the company in the market, its prestige and the qualifications of the employees involved in the work processes.

In serious and large companies, the employer and the owner of the company are interested in a high level of training of employees. For its verification and confirmation, international professional standards for internal audit can be used.

Controversial moment: is it necessary to study?

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

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

The workers themselves also react ambiguously to professional standards. Many of them express fears that the education they receive in various courses will only be of a formal nature. And this was invented by lawmakers with only one goal - to once again empty their wallet. Indeed, at the moment there is no clear definition in the law who will pay for all this.

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 will be "HR Specialist". Therefore, professional standards for personnel officers approved for 2018 can be applied to this position. But to use them, only taking them as a basis to facilitate the compilation of documentation.

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

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

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

All discrepancies and interpretations of Article 195.3 of the Labor Code of the Russian Federation are related to its relative novelty. There are a lot of questions about the scope of its application. Moreover, still not installed:

a single method for introducing professional standards to enterprises (plan, etc.);
a measure of responsibility of the employer and employees who have been working in their companies for a long time, if the latter are not able to currently 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 and shortage of valuable personnel. Not always a new employee with a higher education is able to replace an old one who has only a secondary vocational education behind him, but who has tremendous experience.

Officials of the Ministry of Labor of Russia constantly receive various questions about 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 when it comes to 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 the implementation of 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 the status of the enterprise and its owner.

Differences in the professional standard and qualification guide

Question: What should be done if different requirements are prescribed for the same profession in the handbook of qualifications and in the occupational standard? Which of these two documents should be used in such cases?

Answer: The choice in this case belongs to the employer.

Dismissal of workers

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 the dismissal of previously hired employees. It is possible to dismiss employees only on the basis of the results of the certification.

Changing Job Responsibilities

Question: Should the duties of workers be automatically changed with the introduction of a new occupational standard?

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

Change of employment contracts

Question: Does the law oblige the employer to start rewriting employment contracts and job descriptions for their employees with the entry into force of new standards?

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

Tuition payment

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

Answer: The law cannot unambiguously answer this question. It is necessary to decide on the basis of the content of other title-establishing internal documents. Raise the employment contract, various agreements, collective agreements. The employer has no 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 so. In particular, the employer can create an attestation commission. She may decide that the recommended person has sufficient experience, responsibly performs his duties and copes with them to the fullest. And then you can transfer the employee 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 non-fulfillment is provided in the case when they are mandatory. Or in the event that they are not mandatory, but the employer voluntarily assumed the obligation to follow their requirements. For example, by reflecting this decision in the local regulatory act of the company.

If the employer is obliged to comply with professional standards, but does not do this, then he may be held liable on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Employers will be held accountable by labor inspectorates.

Also see a video on the topic of professional standards