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 presents methodological recommendations in accordance with which work should be organized at the enterprise. 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 in the Labor Code 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 employment contract, focusing on the standards specified in the legislation.

Register of professional standards of the Ministry of Labor of Russia 2017year includes about 966 documents that list the main qualification requirements and labor functions of workers. About where to seeregister of professional standards by profession 2017 year, what it includes and how to download it, you will learn from the article.

Register of professional standards of the Ministry of Labor and a list of measures for their development, approved by the Government of the Russian Federation

On March 31, 2014, by order of the Government of the Russian Federation No. 487-r, a comprehensive plan of activities related to the development of professional standards for 2014-2016 was approved. In accordance with this document, the Ministry of Labor of the Russian Federation issued order No. 667n dated September 29. 2014 on maintaining a register of professional standards.

The document identifies resources on which information about adopted standards will be updated as they are adopted, and also approves the form of the register of standards. In addition, the legislator designates areas of activity for which professional standards should be developed. In total, 40 such areas are indicated in the order. The list of approved professional standards is included only after they are received within 10 days from the Ministry of Justice of Russia with information about the state registration of the relevant orders of the Ministry of Labor of the Russian Federation.

Where is the list of professional standards registered by the Ministry of Justice and approved by the Ministry of Labor of the Russian Federation?

As mentioned above, a professional standard is developed and adopted by the relevant order of the Ministry of Labor of the Russian Federation, after which, in order for the document to come into force, it must also go through the registration procedure with the Ministry of Justice of the Russian Federation. This is a mandatory rule to which there are no exceptions. This means that the list of professional standards registered with the Ministry of Justice today is the official register of professional standards adopted in the Russian Federation.

For reference: the draft standards that the Ministry of Labor publishes on the Internet for review and comments do not have legal force and are not binding until they are adopted by the appropriate order and registered with the Ministry of Justice.

Since 2016, the list of professional standards can be found on the official resource of this ministry - profstandart.rosmintrud.ru. This list is constantly updated - the register of professional standards of the Ministry of Labor for 2017 already contains about 966 documents, while in 2016 their number was 809.

To make searching easier necessary documents it uses a software package called “Professional Standards” (working with it becomes available after registration). There is also an opportunity on the website of the software and hardware complex to submit a notification about the development of a professional standard (also available only to registered users).

In addition, the register of professional standards of the Ministry of Labor of Russia can be found on the website of the Federal State Budgetary Institution "Research Institute of Labor and social insurance» Ministry of Labor of Russia - vet-bc.ru. To familiarize yourself, the user needs to go to the “Professional Standards” section and select the “Professional Standards Base” item there.

As of mid-2017, the register of professional standards contains about 966 documents. By the end of the year, it is planned to adopt about 200-300 more standards.

On the list of approved professional standards by profession

The National Register of Professional Standards, which is part of the above-mentioned software and hardware complex “Professional Standards”, includes 2 sub-registers: the register of professional standards and the register of professional qualifications councils. When you select the first one, a list of accepted professional standards opens, broken down by type professional activity. To view the document of interest, you need to select the appropriate type of activity from the list of those presented, left-click on the item and find the required professional standard in the list that opens.

Where can I download the list of professional standards for 2017?

The most current list of professional standards for 2017 on the official resource of the Ministry of Labor is profstandart.rosmintrud.ru, for which you need to find the item “Register of Professional Standards” in the “Useful Documents” block (on the left side of the page) and left-click on it. Next, all you have to do is select the location to save the document and click the “Download” or “Save File” button (depending on the browser you use).

It is noteworthy that the register of approved professional standards can be downloaded in two formats - XML ​​or CSV. Moreover, the system makes it possible to download onto a computer not only the entire registry, but also any professional standard separately.

Note: the offer to download the 2017 register of professional standards of the Ministry of Labor of Russia can be found on many other sites, however, there you may encounter the fact that the presented database will not be relevant and the information contained in it will simply be outdated. On official resources, the register is updated and changed as new standards emerge.

Which professional standards are mandatory for use from July 1, 2016?

Despite the fact that the first professional standards were approved back in 2013-2015, from July 1, 2016, the legislator made it mandatory to apply the provisions of the documents for certain categories of professions.

Two articles of the Labor Code of the Russian Federation will help you determine whether standards are mandatory for a particular organization:

• Art. 195.3, which states that the standard must be used in the work when the legislator establishes requirements for the qualifications of an employee (as, for example, in the case of positions related to underground work);
• Art. 57, which provides for the mandatory application of professional standards for professions in which work requires the presence of a set of benefits or restrictions imposed on the employee.

In other cases, the provisions of professional standards are applied solely at the request of the employer.

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

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

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

For whom are professional standards mandatory in 2017?

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

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

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

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

Which organizations apply professional standards by law?

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

Qualification requirements are specified either in federal law or in another regulatory legal act at the federal level (decrees, orders of the Government of the Russian Federation, orders of federal executive authorities, etc.). This is discussed in Article 195.3 of the Labor Code of the Russian Federation.

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

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

Such organizations must analyze the professional competencies of employees for compliance with established criteria. And then make a plan for preparation and additional vocational education employees within the budget for the corresponding year (Resolution of the Government of the Russian Federation of June 27, 2016 No. 584).

How to correctly name professions (positions)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How to apply the professional standard “Accountant”

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

• accountant;
• Chief Accountant.

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

For the chief accountant

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

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

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

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

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

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

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

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

For an accountant

An accountant must have:

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

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

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

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

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

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

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

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

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

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

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

To carry out certification, you need:

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

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

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

What are the sanctions if professional standards are not applied?

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

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

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

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

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

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

Description of the application of the professional standard

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

Job titles depending on professional standards

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

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

An example of the mandatory use of a tariff reference book

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

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

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

Enterprises use professional standards in the following cases:

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

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

Register of professional standards and sub-registries

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

The register includes sub-registries:

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

The register information contains data on planned changes in the databases, new developments in the field professional requirements. The addition of new standards is carried out primarily for professions in priority areas in the economy. Standards under development do not constitute a normative act until approved by the Ministry of Justice.

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

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

Consequences of the introduction of PS for employees

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

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

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

Responsibility of an employer who does not apply professional standards

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

Refusal to apply standards is recognized as an administrative offense under paragraph 4 or 5 of Art. 5.27 Code of Administrative Offences.

The procedure for introducing standards at an enterprise

The enterprise approves a schedule of actions for introducing standards:

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

Application of professional standards for different types of professions

Answers on questions

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

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

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

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

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

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

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

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

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

One click call

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.

On this 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 requirements for the qualifications that an employee needs to perform a certain job function are established 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 joint-stock companies with the chief accountant in mandatory must be present:

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

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

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

IMPORTANT! If an employee does not meet the 2016 professional standards, then it is still impossible to dismiss him on this basis. He can be deprived of work 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 - a fine of 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 nursing.
2. If you have a specialized secondary education, your experience is at least 10 years; if you have a higher education, you have at least 5 years of experience.

For the programmer:

1. For a programming technician, as well as a junior programmer, the absence of higher education and work experience is acceptable.
2. It’s the same for a programmer, but work experience must be at least 6 months and must be in the field of software development.
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 firms with the participation educational institutions 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.