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

From the article you will learn:

Professional standards of the Ministry of Labor

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

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

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5 main misconceptions about professional standards.

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

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

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

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

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

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

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

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

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

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

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

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

Professional standards approved by the Ministry of Labor 2019

Must apply approved professional standards the following types organizations:

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

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

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

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

The employer has three options:

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

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

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

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Conclusion

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

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

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 compiling reports for separate divisions, providing management services accounting, preparation of consolidated statements, etc.. At the same time, specialists who meet the highest qualifications can prepare and present consolidated financial statements (IFRS). high level qualifications – 8th. 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 business. 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 employees has significant influence 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?

Development of professional standards in accordance with Government decree 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 the priority areas of economic development and proposals of the National Council under the President of the Russian Federation according to 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 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, 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, 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 regarding these requirements are mandatory for use 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 job responsibilities workers. 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 employees with a certain level of qualifications, correct selection and placement of personnel, rational division and organization of labor, delimitation of functions, powers and responsibilities between categories of workers, definition labor responsibilities 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, and the establishment of remuneration systems.

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.

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 efficiently and fully the job duties assigned to them, upon recommendation 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 collective agreement, agreements, 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:

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 they must comply with 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, the performance of work in these positions, professions, specialties is 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.

Professional standards are necessary for organizational leaders to systematize and standardize the work of each specialist. In Art. 195.1 of the Labor Code of the Russian Federation are presented guidelines, according to which work at the enterprise should be organized. Employers have the right to draw up their own professional standards, but there are mandatory requirements regarding the characteristics of professions and their application in work. In this article we will look at which professional standards are mandatory for use in the current 2017, which organizations are required to apply them and what level of responsibility exists for violating the Labor Code of the Russian Federation.

Mandatory requirements

1. Labor legislation has special norms and requirements that relate to professional standards. In addition to recommendations for drawing up occupational characteristics, there are mandatory professional standards that employers must take into account when hiring and employing workers from July 1, 2016.

For example, Russian legislation obliges, when hiring, to indicate the name of the position and the qualification requirements for it clearly by characteristics in accordance with professional standards or qualification reference books in the following cases:

• When the performance of duties in a specific position is associated with benefits for the employee (teacher, miner, etc.).
• When there are restrictions on performing functional duties at a position (railway transport employee). In this case, employers need to be as careful as possible, because These professional standards will ensure the absence of administrative liability.

In addition, employers need to take into account the following norms of qualification reference books and professional standards in such cases:

• When forming a motivation system in state and municipal organizations, in accordance with Part 5 of Art. 144 Labor Code of the Russian Federation.
• If necessary, assign tariff categories to employees (Parts 8, 9, Article 143 of the Labor Code of the Russian Federation).

In other cases, the list of mandatory professional standards is not included in the Labor Code of the Russian Federation. This means that organizations are not forced to clearly name the positions of employees according to the qualification directory. A programmer, for example, can be called both a software engineer and a computer programmer. You can do the same with managers, salespeople, and marketers.

It is worth noting that many lawyers claim that since July 2016, all professions listed in the qualification directory are considered mandatory professional standards, but the Ministry of Labor itself has not confirmed this information. To refute mythical guesses, the Ministry of Labor published a draft explanation of the use of professional standards, which clearly states that professional standards are not mandatory in all cases, but only in the cases described above in our article. The employer has the right to prescribe the employee’s functional responsibilities in the employment contract, focusing on the standards specified in the legislation.

From 07/01/2016 V labor legislation RF, adjustments have been made that affect a number of specialties and areas of activity. Thus, in accordance with the innovations, professional standards are required for mandatory use in practical activities. However, the need to use such standards is not assigned to all professions.

Characteristics of professional standards, mandatory use of them

Based on Art. 195 of the Labor Code of the Russian Federation, a professional standard determines the required level of qualifications for a specific profession. That is, the employee must have the education, skills and knowledge listed in the standard. Based on the document, employers determine whether a particular subject is suitable for the designated position.

Based on amendments to legislation regarding professional standards, we can conclude that in 2018 their use is not mandatory for all organizations and positions.

1. The text of the regulations does not indicate mandatory use. The answer to the question of for whom professional standards are mandatory is found in Art. 195/3 Labor Code of the Russian Federation. This article outlines the provision according to which, if the legislation provides for qualification requirements for a specific position, then the professional standard in terms of these requirements will be necessary for application.
2. Based on Art. 57 of the Labor Code of the Russian Federation, the use of professional standards is also necessary if the employee’s activities in a specific position are related to the receipt of benefits and guarantees or involve restrictions.

Thus, for state enterprises the use of professional standards is a necessity, while for commercial enterprises such standards are largely advisory in nature (with the exception of some positions, for example, chief accountant).

A manager who decides to use professional standards in his activities that are not mandatory for him can independently determine which parts of the document to apply.

Mandatory professional standards for commercial structures

The mandatory application of such standards in commercial structures is an open debate. In fact, commercial managers have the right to independently decide whether their activities need regulation in the form of professional standards. Moreover, such a decision should not contradict Art. 195 of the Labor Code of the Russian Federation, and apply to some positions even in non-budgetary organizations, which must be regulated in mandatory.

In addition, situations often arise in which employees have controversial issues regarding the same profession. This is due to the provisions of still current classification reference books, which may conflict with professional standards. To resolve this issue, it is necessary to use data from Letter of the Ministry of Labor of the Russian Federation No. 14/0/10/B/2253 dated 04/04/2016. This document decides that the administrative apparatus also has the right to independently determine which legislative standard to rely on.

IN similar situations Most managers give preference to professional standards, since they are a modern alternative to qualification reference books, which makes it possible to eliminate the latter (clause 4 of the Letter of the Ministry of Labor of the Russian Federation dated No. 14/0/10/B/2253 dated 04/04/2016).

The procedure for introducing professional standards at the enterprise

The set of measures for the implementation of professional standards in the organization is as follows:

1. Publication of the manager’s order on the approval and implementation of new standards in the company.
2. Drawing up and approval of an action plan in accordance with which professional standards will be implemented.
3. Formation of a commission to put regulations into effect, as well as to carry out consultations if necessary.
4. Studying the list of mandatory professional standards, as well as their provisions.
5. Drawing up a list of positions that should be brought to uniform standard requirements.
6. Notifying employees about changes.
7. Certification of subordinates already employed in positions that need adjustment.
8. Formation of a package of documents to which adjustments will be made upon adoption of the standards. Such documents include employment contracts and additional agreements, job descriptions, as well as other local regulations.

At the same time, it is possible to improve the qualifications of employees during the implementation of standards. To do this, you need to take advanced training courses with the help of a formed certification commission or other educational institutions.

Dismissal of a subordinate due to non-compliance with the provisions of the professional standard is prohibited due to the fact that labor legislation does not provide for such a reason.

List of specialties for which the use of professional standards is mandatory

Often arise controversial situations regarding the discrepancy between the name of the position in the staffing table and its name in the professional standard. Such misunderstanding can also lead to difficulties in determining which professional standards are required to be used.

Practice shows that the solution to the issue can be considered the exclusion of the name of the current position from the staffing table, and the inclusion of a new name there, based on professional standards. It is also necessary to draw up an additional agreement with the employee on this action, make adjustments to the work book and the employee’s personal card.

The list of professions for which the requirements of professional standards are mandatory, regardless of the form of ownership of the enterprise, is quite wide. Thus, an affirmative answer to the question of whether professional standards are mandatory is valid for the following specialties:

• lawyers;
• judges;
• aircraft crews;
• auditors and
• government employees;
• persons working at underground facilities;
• entities with access to chemical weapons;
• doctors and pharmacists;
• specialists in the field of public procurement.

Based on Art. 74 of the Labor Code of the Russian Federation, the employer does not have the right to make adjustments to the employment agreement with the employee without his knowledge and consent; in particular, it is prohibited to change the functional responsibilities of a subordinate. This means that if the subject refuses to change the job title and new responsibilities in accordance with the professional standard, the manager cannot force him. In this case, the employee may be offered another position. If this option is also not acceptable to at least one of the parties, then the position that has lost its relevance is eliminated, and the employee is subject to staff reduction and subsequently dismissed.

Responsibility for non-application of professional standards in activities for which they are mandatory

When the application of professional standards is mandatory for an institution, evasion of their implementation is punishable by administrative liability. In particular, based on Art. 5/27 of the Code of Administrative Offenses, the violation provides for the following punishment for the first incident:

• imposition of a fine for officials from 1000 to 5000 rubles.
• a fine for the company from 30,000 to 50,000 rubles.

For a primary offense, a fine is not required. A warning may be issued. If the violation is repeated, a fine will certainly be assessed.

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

1. For a position in state company a subject was appointed whose qualification level did not correspond to the professional standard, although it was mandatory for use. After the trial, the judge ruled the need to return wages subject to the budget. Resolution arbitration court No. A33/2144/2013 dated November 12, 2013.
2. When introducing a professional standard at an enterprise, an employee working in a position that required adjustments in accordance with the new standard was not certified. It subsequently turned out that his qualification level did not meet the requirements. By resolution of the arbitration court No. A56/26857/2014 dated October 30, 2014. the need to undergo advanced training courses with repeated certification was prescribed.

The manager's procedure if the employee's qualifications do not meet the requirements of the mandatory standard

If, during the modernization of the company’s regulatory framework, it turns out that a subordinate does not meet the required qualification level, there are the following ways to solve the problem:

1. The subordinate is offered another, less difficult job.
2. The subordinate is sent to additional education courses. The employer also has the right to decide at whose expense (the company or the employee) the training will take place. In conditions where the manager decides to provide the employee with advanced training courses at his own expense, an apprenticeship agreement is concluded with the subject, which sets out the provision according to which, after completing the training, the person must work for a specific amount of time in the company. If this condition is not met, the subordinate may be held liable for reimbursement of the costs of his training.

If this is stated in regulations, then the employer is obliged to provide advanced training for subordinates at his own expense. In particular, this applies to doctors, who must confirm their professional suitability every five years.

Methods of applying professional standards when they are advisory in nature

If, in the course of determining whether the application of professional standards is mandatory, it turns out that they are advisory in nature, they are used as a basis for adjusting employment agreements, creating job descriptions and other regulatory local documents.

In addition, if this is decided by the manager, based on the professional standard established by law, the company has the right to develop its own standard of labor activity for specific positions, determine the qualification requirements for employees and establish the required level of skills and knowledge. The main requirement for such procedures is the absence of contradictions between the independently compiled standard and the professional standard established by law. That is, if a specific profession is regulated by an occupational standard, drawing up a separate local standard is impractical. This may also lead to prosecution for ignoring the requirements of official regulations.

Thus, legislation in the context of the mandatory application of professional standards continues to develop. At the moment, such standards are mandatory only for the list of professions and government agencies. If controversial aspects arise in practical activities regarding the need to use such documents, you should contact a professional lawyer or an employee of the Ministry of Labor of the Russian Federation.

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

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

Professional standard - what is it?

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

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

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

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

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

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

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

Where is the list of mandatory professional standards posted?

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

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

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

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Official list of professional standards website of the Ministry of Labor

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

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

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

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

Employees with 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. By profile pedagogical 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

1. Organization of employee certification.
2. Personnel Management.
3. Development of job descriptions.
4. Formation of personnel policy.
5. Tariffing of works.
6. Organization of employee training.
7. Assignment of tariff categories.
8. Establishment of a wage system.

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

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

• Work experience of at least 3 years over the last 5, if you have the appropriate education. Necessarily related to 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:

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

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Transition to professional standards professional accountant, teacher

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

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

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

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

Approximate plan for the transition to Russian professional standards:

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

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

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

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

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

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

1. Issuance of an order to create a commission for the implementation of PS in the organization.
2. Conducting a commission meeting
3. Drawing up an implementation plan.
4. Determining the correspondence of positions in the organization and existing PS.
5. Rename positions if necessary.
6. Incorporating changes and innovations into job descriptions.
7. Making changes to the wage system.
8. Development and implementation of activities aimed at retraining workers.
9. Certification of workers.
10. 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 reference book and professional standards. For example, positions that are entitled to a preferential pension do not match. The equivalence of these concepts is planned to be established in the future by the Government of the Russian Federation. Decision on this issue must be documented in a protocol. Because in the event of an audit, it is the protocol that will answer the question - “Why is the job title not the same as that indicated in the PS.” This fact will also help in case of conflicts with employees or complaints from inspection authorities.

The PS reflects sufficiently detailed information, concerning 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:

1. The minimum requirement is secondary specialized education.
2. 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:

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

For the head nurse:

1. Secondary specialized or higher education in the field of nursing.
2. 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:

1. For a programming technician, as well as a junior programmer, the absence of higher education and work experience is acceptable.
2. 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.
3. A software engineer and senior programmer must have a higher education and at least one year of experience in the specified field.
4. 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 that the employer has conscientiously implemented professional standards.

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Who draws up the professional standard of a teacher and others

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

PS can be compiled:

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

Professional standards

1. Register of professional standards
2. Dictionary and reference guide "Development and application of professional standards"
3. Expert database for developing and discussing professional standards
4. Register of Councils for Professional Qualifications

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

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

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