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The state budgetary institution needs to include the position of a procurement specialist in the staffing table. How to properly call this position: contract manager, procurement specialist or whatever

State budget institution must be entered into staffing Purchasing Specialist position. What is the correct name for this position: contract manager, procurement specialist, or something else? Is it possible to perform the work of a procurement specialist on a combination of positions? Thank you.

Answer

Answer to the question:

The position should be designated according to the professional standard - either a contract manager or a procurement specialist : http://budget.1kadry.ru/?utm_source=www..

You can apply for a combination for this position if there is a position in the SHR (rate or part of the rate), the employee’s consent to extra work, establishing an additional payment by agreement of the parties and if the employee has the necessary qualifications.

The employee had to arrange additional work in combination with the establishment of an additional payment by agreement of the parties (Articles 60.2, 151 of the Labor Code of the Russian Federation).

In doing so, please note that the combined position (rate or at least part of the rate - depending on the amount of work) must be mandatory in the staff list.

According to Art. 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by an employment contract, with the exception of cases provided for by this Code and other federal laws.

In addition, changing the labor function in accordance with Art. 74 of the Labor Code of the Russian Federation is impossible.

The combination is executed for a specific position provided for in the staffing table and only with the written consent of the employee and with the establishment of an additional payment by agreement of the parties (Article 60.2.151 of the Labor Code of the Russian Federation) .

Experts from the Ministry of Labor come to similar conclusions. See Letters of the Ministry of Labor of Russia dated July 20, 2016 N 14-2 / ​​V-688 and dated December 26, 2016 N 15-2 / OOG-4698.

Thus, the requirements for qualification, which is also a limitation in particular, are established for the following categories of workers:

  • employees in the field of public procurement within the framework of Law No. 44-FZ s (part 6 of article 38, part 23 of article 112 of the Law of April 5, 2013 No. 44-FZ).

In accordance with Part 1 of Art. 9 of the Federal Law of 05.04.2013 N 44-FZ, the contract system in the field of procurement provides for the implementation of the activities of a customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

According to part 2 of Art. 9 of Law N 44-FZ, customers, specialized organizations take measures to maintain and improve the level of qualifications and professional education officials employed in the field of procurement, including through advanced training or professional retraining in the field of procurement in accordance with the law Russian Federation.

According to the Letter of the Ministry of Economic Development of Russia N 5594-EE / D28i, the Ministry of Education and Science of Russia N AK-553 / 06 of March 12, 2015 "On the direction of methodological recommendations", it is recommended to establish a minimum period for mastering the Programs advanced training regardless of the learning technologies used at least 108 hours.

In the case of the implementation of the Programs for the purpose of training the heads of customer organizations, the minimum training period for such Programs may be reduced to 40 hours.

Training under the Programs is recommended to be implemented in full-time, part-time and part-time form. When implementing Programs in full-time and part-time form, it is recommended to establish a full-time part of training in the amount of at least 40 hours of classroom work, except for the case established by clause 2.4 of these Methodological Recommendations. For the Programs provided for in paragraph 2.4 of these Methodological Recommendations, it is recommended to set the full-time part in the amount of at least 16 hours of classroom work.

According to the LETTER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF RUSSIA dated April 6, 2016 No. D28i-841 in accordance with part 23 of Article 112 of the Law, until January 1, 2017, an employee contract service or a contract manager may be a person who has professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.

With January 1, 2017 such workers should have higher education or additional professional education in the field of procurement.

Although the Order of the Ministry of Health and Social Development of the Russian Federation of May 29, 2008 N 247n (as amended on December 11, 2008) "On the approval of professional qualification groups for industry-wide positions of managers, specialists and employees" (Registered with the Ministry of Justice of the Russian Federation on June 18, 2008 N 11858) does not contain such a position ( which, it should be noted, is a gap in the legislation), the professional standard directly indicates the possibility of just such a name: http://budget.1kadry.ru/?utm_source=www..

And in Art. 57 of the Labor Code of the Russian Federation there is a direct indication of the possibility of naming a position (and in some cases an obligation) in accordance with both professional standards and the CEN.

At the same time, the Letter of the Ministry of Economic Development of Russia dated November 14, 2016 N D28i-3064 states that enterprises in respect of which Law N 44-FZ comes into force on January 1, 2017 do not need to rename positions and change the staffing table. The creation of contract services, the appointment of contract managers is possible by amending the job descriptions, job regulations of individual employees of the enterprise without renaming the position, creating a separate structural unit.

But here we note that the Ministry of Economic Development is not authorized to provide clarifications on the application of labor law(Decree of the Government of the Russian Federation of June 5, 2008 N 437 (as amended on February 28, 2017) "On the Ministry economic development Russian Federation").

Regarding the remuneration of the contract manager:

In paragraph 11 of the Uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions for 2017 for positions of employees not included in professional qualification groups, the salaries (official salaries) are established depending on the complexity of the work in the form salary schemes (official salaries). If the staff list is agreed upon by the founder, then the introduction of the rate of the contract manager and the amount of his salary (rate) must be agreed with the founder.

Additionally, on your question (in terms of setting the salary of a contract manager), we recommend that you contact the Ministry of Labor, which is authorized to provide clarifications on the application of labor legislation.

Details in the materials of the System Personnel:

1. Answer:How to Apply Professional Standards

Appointment of professional standards

Why are professional standards developed?

The professional standard is a characteristic of the qualifications that an employee needs to perform work in a position (part 2 of article 195.1 of the Labor Code of the Russian Federation). The standard can be developed both for a specific position or profession, for example, for a welder, teacher, and for activities that include entire groups of related positions and professions, for example, personnel management, the media, financial specialists.

Within 10 calendar days from the date of receipt of the draft professional standard by the Ministry of Labor of Russia:

  • informs its developer about the rejection or acceptance of the project for consideration;
  • posts a draft professional standard accepted for consideration on the website www.regulation.gov.ru for public discussion;
  • sends the draft professional standard to the relevant federal executive body that carries out legal regulation in the relevant field of activity, which prepares its comments and proposals on the draft.

The term of public discussion is no more than 15 calendar days from the date of posting the draft professional standard on the website. The federal body sends its comments and proposals on the draft professional standard to the Ministry of Labor of Russia also within 15 calendar days from the date of its receipt.

After that, the Ministry of Labor of Russia sends the draft professional standard, along with the results of its consideration by the federal body and the results of public discussion, to the National Council for Professional Qualifications. The National Council conducts an examination of the document and sends the appropriate expert opinion to the Ministry of Labor of Russia. At the legislative level, there is no time limit for such an examination. In practice, meetings of the National Council are held once every one or two months, that is, approximately the same time the examination of draft professional standards lasts.

Within seven calendar days after receiving the conclusion of the National Council, the Ministry of Labor of Russia makes a decision to approve or reject the draft professional standard and informs the developer of the professional standard about the decision.

Such rules are provided for in paragraphs 13-15 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23.

On average, consideration and approval of a professional standard in practice lasts about three months (clauses 13–15 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23).

Information about approved professional standards is entered into a special register, the procedure for creating and maintaining which is established by the Ministry of Labor of Russia (clause 17 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23). The Ministry of Labor of Russia sends information about approved professional standards to the Ministry of Education and Science of Russia within 10 days after their entry into force, so that their provisions are taken into account when developing federal state educational standards vocational education (clause 19 of the Rules, approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23).

Projects professional standards can be developed both at the expense of the employer’s own funds and at the expense of the federal budget on the basis of a state contract concluded in accordance with the Law of July 21, 2005 No. January 22, 2013 No. 23). So, for example, the list of projects of professional standards developed at the expense of the federal budget is indicated in the appendix to the order of the Ministry of Labor of Russia dated May 8, 2013 No. 200.

Update of professional standards

Question from practice: how often professional standards will be updated

As needed.

Changes to professional standards will be made in the presence of reasonable proposals or changes in the legislation of the Russian Federation. Changes to professional standards will be made in the same manner as approved by Decree of the Government of the Russian Federation dated January 22, 2013 No. 23. Such explanations are also given by specialists of the Ministry of Labor of Russia in paragraph 2 of the letter dated April 4, 2016 No. 14-0 / 10 / 13 -2253.

Application of professional standards

Which organizations are required to apply professional standards

Employers are required to apply professional standards in terms of:

  • job titles, if the performance of work by position is related to. In these cases, the title of the position must be indicated in accordance with the approved professional standard or qualification guides (Article 57 of the Labor Code of the Russian Federation, paragraph 5 of the letter of the Ministry of Labor of Russia dated April 4, 2016 No. 14-0 / 10 / 13-2253). If an employee is entitled to early retirement according to the list, and the position name in the professional standard does not correspond to the position name in the list and qualification directory,.
  • requirements for education, knowledge and skills. That is, if the qualification requirements that an employee needs to perform his job function are established by the Labor Code of the Russian Federation, federal laws or other regulatory legal acts (Law of May 2, 2015 No. 122-FZ).

Thus, qualification requirements, in particular, are established for the following categories of workers:

  • aviation personnel, aircraft crews (Articles 53, 56, 57 of the Air Code of the Russian Federation);
  • lawyers (Article 9 of the Law of May 31, 2002 No. 63-FZ);
  • auditors (Art. 4, 11 of the Law of December 30, 2008 No. 307-FZ);
  • actuaries and responsible actuaries (Article 7 of the Law of November 2, 2013 No. 293-FZ, Bank of Russia Directive of November 6, 2014 No. 3435-U);
  • actuaries who carry out actuarial evaluation of the activities of non-state pension funds (part 4 of article 21 of the Law of May 7, 1998 No. 75-FZ, Decree of the Government of the Russian Federation of April 10, 2007 No. 222);
  • arbitrators (arbitrators) (Article 11 of the Law of December 29, 2015 No. 382-FZ);
  • arbitration managers (Article 20 of the Law of October 26, 2002 No. 127-FZ);
  • drivers of organizations that carry out transportation by road and urban ground electric transport (Order of the Ministry of Transport of Russia dated September 28, 2015 No. 287);
  • divers (section 4 of the Intersectoral Rules for Occupational Safety during Diving Works, approved by Order of the Ministry of Health and Social Development of Russia dated April 13, 2007 No. 269);
  • psychiatrists, other specialists and medical workers providing psychiatric care (Article 19 of the Law of July 2, 1992 No. 3185-1);
  • who manage and coordinate activities related to trade (clause 1.3, article 13.2 of the Law of July 25, 2002 No. 115-FZ, order of the Ministry of Labor of Russia of September 23, 2013 No. 475n);
  • chief architects (part 5 of article 22 of the Law of November 17, 1995 No. 169-FZ);
  • chief accountants in open joint-stock companies, insurance organizations, non-state pension funds, joint-stock investment funds, management companies of mutual investment funds and other organizations whose securities are admitted to circulation at auction, management bodies of state extra-budgetary funds, including territorial ones (part 4 of article 7 of the Law of 6 December 2011 No. 402-FZ);
  • chief accountants of credit and non-credit financial institutions (clause 7, article 7 of the Law of December 6, 2011 No. 402-FZ);
  • chief accountants of an insurance, reinsurance company, insurance broker, mutual insurance company (Article 32.1 of the Law of November 27, 1992 No. 4015-1);
  • chief accountants of the auction organizer (Article 6 of the Law of November 21, 2011 No. 325-FZ);
  • chief accountants or other persons who are entrusted with maintaining accounting, a clearing organization (Article 6 of the Law of February 7, 2011 No. 7-FZ);
  • chief accountants of the central depository (clause 4, article 5 of the Law of December 7, 2011 No. 414-FZ);
  • chief accountants of a housing savings cooperative (clause 2, part 1, article 51 of the Law of December 30, 2004 No. 215-FZ);
  • state civil and municipal employees (Article 12 of the Law of July 27, 2004 No. 79-FZ, Article 9 of the Law of March 2, 2007 No. 25-FZ);
  • air traffic controllers (clause 16 of the Federal Aviation Regulations, approved by order of the Ministry of Transport of Russia dated November 26, 2009 No. 216);
  • officials who are responsible for the implementation of internal control rules (Articles 7, 7.1 of the Law of August 7, 2001 No. 115-FZ, Decree of the Government of the Russian Federation of May 29, 2014 No. 492);
  • of the sole executive body, his deputies, members of the collegial executive body, chief accountant, deputy chief accountant of the credit institution, head, Chief Accountant a branch of a credit institution (Article 60 of the Law of July 10, 2002 No. 86-FZ);
  • the sole executive body of a housing savings cooperative, including the head of the managing organization or the manager (clause 2, part 1, article 51 of the Law of December 30, 2004 No. 215-FZ);
  • foreign citizens who are sent to work in branches and subsidiaries located in Russia of foreign commercial organizations registered in the territory of WTO member states (subparagraph 2, paragraph 2, article 13.5 of the Law of July 25, 2002 No. 115-FZ, resolution Government of the Russian Federation dated April 30, 2015 No. 424);
  • cadastral engineers (part 2, article 29 of the Law of July 24, 2007 No. 221-FZ; order of the Ministry of Economic Development of Russia of March 15, 2010 No. 99);
  • controllers of a professional market participant valuable papers(heads of the internal control service) (clause 17, article 38 of the Law of November 29, 2001 No. 156-FZ; section III Regulations approved by order of the Federal Financial Markets Service of Russia dated May 24, 2012 No. 12-32/pz-n);
  • controllers of a specialized depository or heads of the internal control service of a specialized depository (clause 19, article 44 of the Law of November 29, 2001 No. 156-FZ; order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n);
  • mediators (Article 16 of the Law of July 27, 2010 No. 193-FZ);
  • physicians and pharmacists (Article 350 of the Labor Code of the Russian Federation, Article 69 of the Law of November 21, 2011 No. 323-FZ, Order of the Ministry of Health of Russia of February 10, 2016 No. 83n, Order of the Ministry of Health of Russia of October 8, 2015 No. 707n);
  • scientific workers and other workers who carry out scientific (scientific and technical) activities (Article 4 of the Law of August 23, 1996 No. 127-FZ);
  • notaries, notary assistants and notary trainees (Articles 2, 19, 19.1 of the Fundamentals of the Russian Federation Legislation on Notaries, approved by the Supreme Council of the Russian Federation on February 11, 1993 No. 4462-1);
  • operators to determine the relative content of serum
    milk proteins (clause 10 of the Guidelines for determining the relative content of whey proteins in milk, approved by the head of Rospotrebnadzor, the Chief State sanitary doctor RF February 11, 2009);
  • management bodies and employees of a professional participant in the securities market, a clearing organization (Article 10.1 of the Law of April 22, 1996 No. 39-FZ, Article 6 of the Law of February 7, 2011 No. 7-FZ);
  • appraisers (Art. 15, 21, 21.1, 21.2 of the Law of July 29, 1998 No. 135-FZ);
  • security guards (Article 11.1 of the Law of March 11, 1992 No. 2487-1);
  • skydivers-instructors (clause 21 of the Federal Aviation Regulations "Requirements for air traffic controllers and paratroopers-instructors", approved by order of the Ministry of Transport of Russia dated November 26, 2009 No. 216);
  • teachers and other employees educational organizations(Article 331 of the Labor Code of the Russian Federation, Articles 46, 52 of the Law of December 29, 2012 No. 273-FZ). Professional standard "Teacher" January 1, 2017 (Order of the Ministry of Labor of Russia dated December 25, 2014 No. 1115n);
  • personnel (specialists) in the field of non-destructive testing (paragraph 8, paragraph 1, article 9 of the Law of July 21, 1997 No. 116-FZ; sections II and III of the Rules, approved by the resolution of the Gosgortekhnadzor of Russia dated January 23, 2002 No. 3);
  • representatives of the bankruptcy trustee (liquidator) financial institution(Appendix 3 to the Regulation approved by the decision of the Board of the State Corporation "Deposit Insurance Agency" dated March 31, 2014, protocol No. 38);
  • prosecutors (Article 40.1 of the Law of January 17, 1992 No. 2202-1);
  • employees whose activities are related to the use of atomic energy (Articles 38, 52 of the Law of November 21, 1995 No. 170-FZ);
  • employees of the officers and ratings of the vessels of the fishing fleet of the Russian Federation who carry out navigational, engine watch (order of the State Committee for Fisheries of Russia dated May 21, 2002 No. 202, order of the Ministry of Transport of Russia dated March 15, 2012 No. 62);
  • employees, other than ship crew members, who are responsible for ensuring the safe operation of ships (sections 2, 3 of the Rules approved by Order of the Ministry of Transport of Russia dated September 11, 2013 No. 287);
  • workers employed in underground work (part 1 of article 330.2 of the Labor Code of the Russian Federation);
  • workers employed in work with chemical weapons (Article 7 of the Law of November 7, 2000 No. 136-FZ);
  • workers employed in work that is directly related to traffic (Article 328 of the Labor Code of the Russian Federation);
  • employees in the field of public procurement within the framework of Law No. 44-FZ s (part 6 of article 38, part 23 of article 112 of the Law of April 5, 2013 No. 44-FZ);
  • workers in the field of professional consulting, professional selection(selection), psychodiagnostics and correction (clause 8 of the Regulation, approved by the Decree of the Ministry of Labor of Russia of September 27, 1996 No. 1);
  • employees responsible for ensuring the safe operation of ships (clause 3, article 34.1 of the Code of Internal water transport RF dated March 7, 2001 No. 24-FZ; section 3 of the Rules approved by the order of the Ministry of Transport of Russia dated September 11, 2013 No. 287);
  • employees who carry out state port control (clause 5, article 38.1 of the Law of March 7, 2001 No. 24-FZ);
  • employees who provide free legal assistance (Article 8 of the Law of November 21, 2011 No. 324-FZ);
  • employees who perform the functions of the sole executive body of a non-state pension fund, members of the collective executive body of the fund, controllers (heads of the internal control service) of a non-state pension fund (clause 4, article 6.2 of the Law of May 7, 1998 No. 75-FZ);
  • employees who perform the functions of the sole executive body managing mortgage coverage and a specialized depository, and employees of these organizations (paragraph 6, part 1, article 43 of the Law of November 11, 2003 No. 152-FZ, paragraph 12, article 44 of the Law of 29 November 2001 No. 156-FZ, order of the Federal Financial Markets Service of Russia dated January 28, 2010 No. 10-4/pz-n);
  • employees who perform, including temporarily, the functions of the sole executive body, his deputies, members of the collegial executive body, controllers (heads of the internal control service) of a credit rating agency (parts 1 and 4 of article 7 of the Law of July 13, 2015 No. 222-FZ);
  • workers who work at a hazardous production facility (clause 1, article 9 of the Law of July 21, 1997 No. 116-FZ);
  • workers (specialists who have a higher or secondary specialized education, and personnel - persons of working professions) who carry out installation, adjustment, repair, reconstruction or modernization of permanently installed lifting mechanisms during the operation of hazardous production facilities (section II of the Federal Norms and Rules in the field of industrial safety, approved by order of Rostekhnadzor dated November 12, 2013 No. 533);
  • employees who perform the functions of the sole executive body, members of the board of directors ( supervisory board) and members of the collegial executive body of the clearing organization, heads of its branch, an official or heads of a separate structural unit responsible for organizing the risk management system, heads of the internal audit service, controllers (heads of the internal control service), heads of the structural unit created for clearing ( Article 6 of the Law of February 7, 2011 No. 7-FZ, order of the Federal Financial Markets Service of Russia of October 4, 2012 No. 12-84/pz-n, Part 2 of Article 6 of the Law of November 21, 2011 No. 325-FZ );
  • employees who perform the functions of the sole executive body, members of the board of directors (supervisory board) and members of the collegial executive body of the trade organizer, heads of its branch, officials responsible for organizing the risk management system (heads of a separate structural unit responsible for organizing the risk management system) , heads of the internal audit service, controllers (heads of the internal control service), heads of a structural unit created for organized trading activities (part 2 of article 6 of the Law of November 21, 2011 No. 325-FZ, order of the Federal Financial Markets Service of Russia of October 4 2012 No. 12-84/pz-n);
  • employees who perform the functions of the sole executive body of a joint-stock investment fund (clause 3, article 8 of the Law of November 29, 2001 No. 156-FZ, order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n);
  • employees who perform the functions of the sole executive body of the management company (clause 9, article 38 of the Law of November 29, 2001 No. 156-FZ, order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n);
  • employees of organizations subordinate to the Federal Courier Service of the Russian Federation (order of the State Fiscal Service of Russia dated September 28, 2007 No. 296);
  • employees of trade organizers in the commodity or financial markets (Article 6 of the Law of November 21, 2011 No. 325-FZ, order of the Federal Financial Markets Service of Russia of October 4, 2012 No. 12-84/pz-n, Part 2 of Article 6 of the Law of November 21, 2011 No. 325-FZ);
  • employees of the management bodies of the central depository (parts 2, 4, article 5, parts 1, article 6 of the Law of December 7, 2011 No. 414-FZ; order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n , order of the Federal Financial Markets Service of Russia dated March 20, 2012 No. 12-14 / pz-n);
  • forex dealer employees (Articles 10.1, 42 of Law No. 39-FZ of April 22, 1996, Bank of Russia Directive No. 3770-U of September 1, 2015);
  • auditors-consultants of the auditing union of agricultural cooperatives (Article 32 of the Law of December 8, 1995 No. 193-FZ);
  • registrars who carry out state registration of rights to aircraft and transactions with them (Article 8 of the Law of March 14, 2009 No. 31-FZ, Decree of the Government of the Russian Federation of February 27, 2010 No. 100);
  • heads of the credit institution, the risk management service, the internal control service, the internal audit service of the credit institution and other managers (employees) who make decisions on the implementation credit institution operations and other transactions (Clause 6, Article 11.1-1 of the Law of December 2, 1990 No. 395-1, Bank of Russia Directive of April 1, 2014 No. 3223-U, etc.);
  • heads and members of specialized bodies that exercise control over the cadastral activities of members self-regulatory organization cadastral engineers (clause 6, part 4, article 30.1 of the Law of July 24, 2007 No. 221-FZ);
  • heads of specialized non-profit organization(regional operator), which conducts overhaul common property in apartment buildings(part 6 of article 178 Housing Code RF dated December 29, 2004 No. 188-FZ; order of the Ministry of Construction of Russia dated July 27, 2015 No. 526 / pr);
  • leaders of the association of private detective enterprises (Article 8 of the Law of March 11, 1992 No. 2487-1);
  • heads of the body that controls the activities of members of a self-regulatory organization as arbitration managers in a bankruptcy case (paragraph 8, clause 7, article 21.1 of the Law of October 26, 2002 No. 127-FZ);
  • heads of the body that controls the activities of members of the self-regulatory organization of operators electronic platforms(subparagraph 6, clause 6, article 111.3 of the Law of October 26, 2002 No. 127-FZ);
  • heads of a self-regulatory organization in the financial market (Article 24 of the Law of July 13, 2015 No. 223-FZ);
  • leaders of a consumer cooperation organization created by consumer societies or unions (clause 5, article 6 of the Law of June 19, 1992 No. 3085-1);
  • heads of the financial body of the constituent entity of the Russian Federation and local administration bodies (Article 26.22 of the Law of October 6, 1999 No. 184-FZ "On general principles organizations of legislative (representative) and executive bodies state power subjects of the Russian Federation”, Decree of the Government of the Russian Federation of November 6, 2004 No. 608);
  • heads of a private security organization (Article 15.1 of the Law of March 11, 1992 No. 2487-1);
  • welders and specialists in welding production (Rules approved by the Decree of the Gosgortekhnadzor of Russia dated October 30, 1998 No. 63);
  • employees of the internal affairs bodies (Article 9 of the Law of November 30, 2011 No. 342-FZ);
  • employees of the Investigative Committee of Russia (Article 16 of the Law of December 28, 2010 No. 403-FZ);
  • rescuers in professional emergency rescue services, professional emergency rescue teams (Article 9 of the Law of August 22, 1995 No. 151-FZ);
  • specialists in the field of veterinary medicine (Article 4 of the Law of May 14, 1993 No. 4979-1);
  • specialists and officials of insurance organizations (Article 32.1 of the Law of November 27, 1992 No. 4015-1);
  • specialists who are included in the expert commissions for the state examination of safety declarations of navigable hydraulic structures (clause 18 of the Regulation on the declaration of the safety of hydraulic structures, approved by Decree of the Government of the Russian Federation of November 6, 1998 No. 1303; order of the Ministry of Transport of Russia of October 16, 2014 No. 288);
  • specialists in independent fire risk assessment (clause 5 of the Procedure approved by order of the Russian Emergencies Ministry dated November 25, 2009 No. 660);
  • specialists in customs operations (Articles 63, 64 of the Law of November 27, 2010 No. 311-FZ);
  • labor protection specialists (part 1 of article 217 of the Labor Code of the Russian Federation);
  • financial market specialists (Article 42 of the Law of April 22, 1996 No. 39-FZ, Order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n);
  • bailiffs (Article 3 of the Law of July 21, 1997 No. 118-FZ);
  • judges (Article 4 of the Law of June 26, 1992 No. 3132-1);
  • operator's technical experts technical inspection(clause 13, article 1 of the Law of July 1, 2011 No. 170-FZ);
  • private detectives (Article 6 of the Law of March 11, 1992 No. 2487-1, Decree of the Government of the Russian Federation of August 14, 1992 No. 587);
  • private security guards (Article 11 of the Law of March 11, 1992 No. 2487-1, Decree of the Government of the Russian Federation of August 14, 1992 No. 587);
  • crew members of an inland water transport vessel (Article 27 of the Code of Inland Water Transport of the Russian Federation, Decree of the Government of the Russian Federation of May 31, 2005 No. 349);
  • crew members sea ​​vessels(Article 54 of the Merchant Shipping Code of the Russian Federation of April 30, 1999 No. 81-FZ, Order of the Ministry of Transport of Russia of March 15, 2012 No. 62, Order of the Ministry of Transport of Russia of October 22, 2009 No. 185);
  • experts in state forensic institutions (Article 13 of the Law of May 31, 2001 No. 73-FZ);
  • experts in the accreditation of educational activities (part 13 of article 92 of the Law of December 29, 2012 No. 273-FZ, order of the Ministry of Education and Science of Russia of May 20, 2014 No. 556);
  • experts in the field of industrial safety (paragraph 11, article 1 of the Law of July 21, 1997 No. 116-FZ "On the industrial safety of hazardous production facilities");
  • experts in conducting state historical and cultural expertise (section II of the Regulations approved by order of the Ministry of Culture of Russia dated August 26, 2010 No. 563);
  • experts in assessing the scientific, medical and ethical aspects of clinical trials of medicinal products for medical use(clause 15 of the Regulations on the Ethics Council, approved by order of the Russian Ministry of Health of November 29, 2012 No. 986n);
  • experts of the self-regulatory organization of appraisers (Article 16.2 of the Law of July 29, 1998 No. 135-FZ);
  • experts of the Council for Ethics in the Sphere of Circulation of Medical Devices (clause 16 of the Regulations on the Council for Ethics in the Sphere of Circulation of Medical Devices, approved by Order of the Ministry of Health of Russia dated February 8, 2013 No. 58n);
  • expert technicians who conduct independent technical expertise Vehicle(Order of the Ministry of Transport of Russia No. 124, the Ministry of Justice of Russia No. 315, the Ministry of Internal Affairs of Russia No. 817, the Ministry of Health and Social Development of Russia No. 714 dated October 17, 2006).

Accordingly, if professional standards are approved for the specified positions or areas of activity, then employers are required to comply with them, including the requirements for qualifications.

For example, from July 1, 2016, all audit organizations, as well as individual auditors - employers are required to apply the auditor's professional standard. This is also indicated by specialists of the Ministry of Finance of Russia in an information message dated December 16, 2015.

At the same time, taking into account that not all companies have time to switch to professional standards, separate orders of the Ministry of Labor began to appear on the postponement of the implementation of standards.

Currently, an exception is provided for the professional standard "Teacher", approved by order of the Ministry of Labor of Russia dated October 18, 2013 No. 544n. It comes into force only on January 1, 2017 (order of the Ministry of Labor of Russia dated December 25, 2014 No. 1115n). This means that organizations with positions teaching staff may be postponed until January 1, 2017. Similar recommendations are contained in the letter of the Ministry of Education and Science of Russia dated March 3, 2015 No. 08-241.

Also, until January 1, 2017, an employee of a contract service or a contract manager may have a professional or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs. And from January 1, 2017, they must already have higher education or additional professional education in the field of procurement. This is stated in paragraph 6 of article 38 and part 23 of article 112 of the Law of April 5, 2013 No. 44-FZ. Similar explanations are given by specialists of the Ministry of Economic Development of Russia in a letter dated April 6, 2016 No. D28i-841.

The timing of the mandatory introduction of professional standards is also.

In other cases, if the qualification requirements are not established by law, professional standards continue to be advisory in nature.

In addition, at their discretion, employers continue to focus on qualification directories or switch to professional standards (if approved) to resolve issues:

  • billing of works (parts 8, 9 of article 143 of the Labor Code of the Russian Federation);
  • wages for employees of state and municipal institutions (part 5 of article 144 of the Labor Code of the Russian Federation).

Question from practice: which organizations are required to apply the requirements of professional standards: all employers or only state and municipal institutions

Mandatory application of the requirements of professional standards is established for (Article 57 of the Labor Code of the Russian Federation, Law of May 2, 2015 No. 122-FZ). The general rules that govern the application of professional standards do not establish the dependence of the application of standards on the form of ownership of the organization or the status of the employer.

At the same time, state and municipal institutions, extra-budgetary funds, state and unitary enterprises, as well as state corporations and state-owned companies with a state share of more than 50 percent can postpone the mandatory application of professional standards in terms of the requirement for the qualifications of employees. They have the right to introduce professional standards in stages until January 1, 2020 on the basis of. Such a procedure is provided for in paragraphs 1, 2 of the Decree of the Government of the Russian Federation of June 27, 2016 No. 584.

In particular, all federal state, unitary and state institutions had to approve the schedules for the implementation of standards by May 20 inclusive and submit them to the executive authority in charge of them. The relevant instructions were given by Lyubov Yeltsova at a special seminar organized for federal bodies. For more details, see the website of the Ministry of Labor of Russia on April 27, 2016. Similar explanations were given by specialists of the Ministry of Labor of Russia in paragraph 7 of the letter dated April 4, 2016 No. 14-0/10/13-2253.

In addition, the Ministry of Labor of Russia has prepared a bill that establishes certain features of the application of professional standards by state and municipal institutions, state non-budgetary funds, as well as state corporations and companies, more than 50 percent of which are owned by the state. According to the draft, such organizations will be required to apply the standards, like commercial organizations, only in accordance with Article 57 of the Labor Code of the Russian Federation and Law No. 122-FZ of May 2, 2015. At the same time, employers can use the characteristics of qualifications in professional standards, which are not necessarily applied, as a basis for determining the requirements for the qualifications of employees, taking into account the characteristics of their labor functions. If the employee does not have required level education and work experience required by the professional standard, but has all the necessary skills, the employer can entrust him with work in this position on the basis of. When organizing employee training and additional professional education, employers, according to the project, should also be guided by the provisions of professional standards.

Question from practice: is an organization obliged to apply the professional standard "Specialist in the field of procurement" if it makes purchases only for corporate purposes

No, you don't have to.

The professional standard "Specialist in the field of procurement", approved by order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n, s, is required to be applied by contract service workers and contract managers (Article 9, Part 6, Article 38, Part 23, Article 112 Law of April 5, 2013 No. 44-FZ). That is, the professional standard of a specialist in the field of procurement of an organization in the procurement of goods, works or services to meet state and municipal needs in accordance with the Law of April 5, 2013 No. 44-FZ.

If the employer does not act as a customer in procurement for state needs or does not make purchases for state needs, then the requirement of the Law of April 5, 2013 No. 44-FZ and the obligation to apply the professional standard of a specialist in the field of procurement do not apply to the organization. For example, commercial organization makes purchases for its corporate purposes. Also, certain legal entities are not required to apply the professional standard of a specialist in the field of procurement when purchasing goods, works or services in accordance with the Law of July 18, 2011 No. 223-FZ. For example, such legal entities include organizations that carry out regulated activities in the field of electricity supply, gas supply, heat supply and water supply (clause 2, article 1 of the Law of July 18, 2011 No. 223-FZ).

Such clarifications are given by specialists of the Ministry of Economic Development of Russia in a letter dated June 21, 2016 No. D28i-1536.

Question from practice: the occupational standard applies to all types of activities specified in the OKVED group, or only to one OKVED, which is registered in the occupational standard

Yes, for all activities listed in the group.

The obligatory application of the requirements of professional standards is established for those provided for in Article 57 of the Labor Code of the Russian Federation and the Law of May 2, 2015 No. 122-FZ.

OKVED uses a hierarchical classification method and a sequential coding method. View grouping code economic activity consists of two to six digits. Its structure can be represented as follows:

– XX – class;

– XX.X – subclass;

– XX.XX – group;

- XX.XX.X - subgroup;

- XX.XX.XX - view.

Thus, the effect of the professional standard applies to all types of economic activity specified in the relevant OKVED group (OKVED, approved by order of Rostekhregulirovanie dated November 22, 2007 No. 329-st).

For example, in the professional standard “Specialist in the operation of water intake facilities”, OKVED is indicated - 41.00. In the organization, the permitted type of activity is 41.00.2. Code 41.00 is a group of types of economic activity, which includes two subgroups: 41.00.1 and 41.00.2. Accordingly, code 41.00, which is indicated in the professional standard, includes all subgroups of economic activities included in this group. Therefore, an organization with OKVED 41.00.2 can be fully guided by the specified professional standard, taking into account the application of the document.

Question from practice: can an employer set requirements for applicants higher than in the professional standard

Yes maybe. Responsibility and authority to make personnel decisions lie entirely with the employer. The requirements in the professional standard are the recommended general set of knowledge that a “universal” employee may have. Require him to know something more based on the specifics of the organization, for example foreign languages the employer is entitled. Such requirements should be fixed in the local documents of the organization, for example, in (Article 8 of the Labor Code of the Russian Federation). Similar conclusions can be drawn from the letter of the Ministry of Labor of Russia dated April 4, 2016 No. 14-0/10/13-2253.

The employer, also taking into account the specifics of the activity, can expand the list of labor actions for individual positions, professions, specialties in comparison with the list provided for by the professional standard for the relevant labor functions. For example, due to labor functions and labor actions from other generalized labor functions of one professional standard or labor functions from related professional standards. In this case, the employer determines whether the employee meets the requirements for education and training, experience practical work and special conditions for admission to work, including taking into account the provisions of professional standards that provide for these labor actions.

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ON THE APPROVAL OF THE APPROXIMATE REGULATIONS

Document's name:
Document Number: 100 o/n
Document type: Order URKS VO
Host body: URKS VO
Status: current
Published:
Acceptance date: May 12, 2016

ON THE APPROVAL OF THE APPROXIMATE REGULATIONS ON THE PAYMENT OF EMPLOYEES OF A BUDGETARY INSTITUTION IN RELATION TO WHICH THE DEPARTMENT FOR REGULATION OF THE CONTRACT SYSTEM IN THE SPHERE OF PROCUREMENTS OF THE VORONEZH REGION EXECUTE THE FUNCTIONS AND POWERS OF THE FOUNDER

DEPARTMENT FOR REGULATION OF THE CONTRACT SYSTEM IN THE SPHERE OF PURCHASES OF THE VORONEZH REGION

ORDER

ON THE APPROVAL OF THE APPROXIMATE REGULATIONS ON THE PAYMENT OF EMPLOYEES OF A BUDGETARY INSTITUTION IN RELATION TO WHICH THE DEPARTMENT FOR REGULATION OF THE CONTRACT SYSTEM IN THE SPHERE OF PROCUREMENTS OF THE VORONEZH REGION EXECUTE THE FUNCTIONS AND POWERS OF THE FOUNDER

According to order:

1. Approve the attached Approximate position on the remuneration of employees of a budgetary institution, in respect of which the regulation department contract system in the field of procurement of the Voronezh region, the functions and powers of the founder are performed.

2. The head of the BU VO "Public Procurement Agency of the Voronezh Region" (Pekshev A.Yu.), within one month from the date of adoption of this order, develop a regulation on the remuneration of employees of the BU VO "Public Procurement Agency of the Voronezh Region" and agree with the department for regulating the contract procurement systems in the Voronezh region.

3. I reserve control over the execution of this order.

Head of Department
E.N. GONCHAROV

APPROXIMATE REGULATIONS ON THE PAYMENT OF EMPLOYEES OF A BUDGETARY INSTITUTION IN RELATION TO WHICH THE DEPARTMENT FOR REGULATION OF THE CONTRACT SYSTEM IN THE SPHERE OF PROCUREMENTS OF THE VORONEZH REGION EXECUTE THE FUNCTIONS AND POWERS OF THE FOUNDER





Approved
by order
regulatory authority
contract system in the field
purchases of the Voronezh region
dated 12.05.2016 N 100 o / n

1. General Provisions

1.1. This Exemplary Regulation on the remuneration of employees of a budgetary institution, in respect of which the department for regulating the contract system in the field of procurement of the Voronezh Region performs the functions and powers of the founder (hereinafter referred to as the Regulation), was developed in accordance with the Decree of the Administration of the Voronezh Region dated 01.12.2008 N 1044 "On introduction of new wage systems for employees of state institutions of the Voronezh region" .

The regulation was developed in order to form uniform approaches to regulating the remuneration of employees of a budgetary institution (hereinafter referred to as the institution), in relation to which the department for regulating the contract system in the field of procurement of the Voronezh region (hereinafter referred to as the department, founder) performs the functions and powers of the founder, to increase interest in final results of work, improvement of management of financial, material and human resources.

List and conditions for making compensation payments;

List and conditions for making incentive payments;

Terms of remuneration for managers, their deputies and chief accountants of institutions;

Other wage issues.

1.3. The system of remuneration of employees of the institution is established taking into account:

a) a single tariff qualification handbook works and professions of workers, a unified qualification directory of positions of managers, specialists and employees or professional standards;

b) state guarantees for wages;

c) a list of types of compensation payments;

d) a list of types of incentive payments;

f) the opinions of the workers' representative body.

1.4. The payroll fund for employees of the institution is formed for a calendar year based on the amount of subsidies received in the prescribed manner by the institution from the regional budget and funds received from income-generating activities.

1.5. To ensure the differentiation of remuneration for the main and other personnel, to optimize the costs of administrative and managerial and auxiliary personnel of the institution, the following ratios are established:

The share of remuneration of employees of administrative, managerial and auxiliary personnel in the wage fund of the institution should not exceed 40%;

The maximum level of the ratio of the average salary of the head of the institution and the average salary of the employees of the institution is set in a multiple of up to 5.

The determination of the average wage is carried out in accordance with the methodology used in determining the average wage of employees for the purposes of statistical observation, approved by the federal executive body responsible for the development of state policy and legal regulation in the field of official statistical accounting.

When determining the ratio, the salary of the head and employees of the institution is taken into account, which is formed from all sources financial support and is calculated per calendar year.

The main personnel of the institution include employees directly providing services (performing work) aimed at achieving the goals of the institution's activities defined by the charter, as well as their immediate supervisors. The list of positions of employees of the institution, related to the main staff, is given in Appendix No. 1 to the Regulation.

Auxiliary personnel of the institution - employees of the institution who create conditions for the provision of services (performance of work) aimed at achieving the goals of the institution's activities defined by the charter. This category includes the driver, manager of the economy.

Administrative and managerial staff of the institution - employees of the institution engaged in the management (organization) of the provision of services (performance of work), as well as employees of the institution performing administrative functions necessary to ensure the activities of the institution. Administrative and management personnel include the head, deputy heads, chief accountant, accountant-economist.

1.6. The salary of an employee includes a salary (official salary), increasing coefficients to salaries, compensatory, incentive payments and within the adjusted budget allocations is not limited to maximum sizes.

The monthly salary of an employee who has fully worked out the standard of working hours for this period and fulfilled the labor standards (labor duties) cannot be lower than the minimum wage established by the current legislation.

1.7. The terms of remuneration, including the size of the salary (official salary) of the employee, incentive payments (permanent), compensation payments, are mandatory for inclusion in the employment contract.

1.8. To carry out work on determining the amount of allowances of a compensatory and incentive nature, by order of the head of the institution, a permanent tariff commission is created (Appendix No. 2 to the Regulation).

1.9. The remuneration of labor of employees employed part-time, as well as on a part-time basis, is made in proportion to the hours worked. The determination of the size and calculation of wages for the main position and for the position held in combination is carried out separately for each of the positions.

1.10. In institutions, in case of production necessity, a summarized accounting of working time can be established. The summarized accounting of working time is established by the local regulatory act of the institution.

1.11. The wages of employees of institutions (excluding bonuses and other incentive payments) when changing the wage system cannot be less than the wages (excluding bonuses and other incentive payments) paid to employees before the change, provided that the volume of labor (official) duties of employees and their performance of work of the same qualification.

1.12. Persons who do not have special training or work experience, established requirements to qualification, but having sufficient practical experience and performing qualitatively and in full the tasks assigned to them official duties, on the recommendation of the attestation commission, institutions, as an exception, can be appointed to the relevant positions in the same way as persons with special training and work experience.

1.13. In institutions, taking into account this Regulation, in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the Voronezh Region, the regulation on remuneration of employees of the institution is approved and agreed with the management.

The staff list of the institution is approved by the order of the institution, agreed with the management and includes all positions of employees, professions of workers of the institution.

1.14. In order to perform work related to the temporary expansion of the volume of services provided by the institution, the institution has the right to engage, in addition to employees holding positions (professions) provided for by the staffing table, other employees on an urgent basis. employment contract with funds from income-generating activities.

1.15. Heads of institutions are responsible for the timely and correct determination of the wages of employees in accordance with applicable law.

2. Basic conditions for remuneration of employees of institutions

2.1. The salaries of employees of the institution are set by the head of the institution based on the requirements for professional training and the level of qualifications that are necessary for the implementation of the relevant professional activity (PKG), taking into account the complexity and volume of work performed.

2.2. The recommended minimum salaries for employees of institutions holding industry-wide positions of employees (Order of the Ministry of Health and Social Development of the Russian Federation of May 29, 2008 N 247n) are given in Appendix No. 3 to this Regulation.

The recommended minimum salaries for positions not classified as PKG, approved by Order of the Ministry of Health and Social Development of the Russian Federation of May 29, 2008 N 247n, are determined by Appendix N 4 to this Regulation.

2.3. The recommended minimum wages for the professions of workers in accordance with the Order of the Ministry of Health and Social Development of the Russian Federation of May 29, 2008 N 248n are given in Appendix N 5 to this Regulation.

The personal multiplier coefficient is established by decision of the permanent tariff commission established in the institution, in accordance with the order of the head of the institution personally in relation to a particular employee, taking into account the level of his professional training, the complexity and importance of the work performed, the degree of independence, length of service in the institution, responsibility in performing tasks and other factors.

The personal multiplier is set for a certain period of time during the respective calendar year. The amount of payments is determined by multiplying the employee's salary by a multiplier. The use of a personal multiplier does not form a new salary and is not taken into account when determining incentive and compensation payments to an employee.

The decision to introduce a personal multiplying factor is made taking into account the provision of the specified payment with financial resources in the prescribed manner.

2.5. Increasing coefficients may be established for the official salaries of employees of institutions replacing the positions of employees in the following categories:

Academic degree (candidate of science, doctor of science)

Academic title (Professor, Associate Professor)

Honorary title of the Russian Federation

Payment for an academic degree and (or) an honorary title is made only for the main work, provided that the title and academic degree correspond to the profile of the work (specialty) performed.

If an employee has more than one honorary title, the mentioned coefficient is applied on one of the grounds.

The coefficient for an honorary title is established from the day the honorary title is awarded, but not earlier than the day of employment.

The increasing coefficient for an academic degree, academic title and (or) honorary title to the salary for the position held is set for the employee to the official salary and is not taken into account when calculating compensation and incentive payments.

2.6. Taking into account the working conditions, compensation payments may be established for employees of institutions, provided for in Section 4 of this Regulation.

2.7. Employees of institutions may be paid bonuses and other incentive payments provided for in Section 5 of these Regulations.

2.8. The size of increasing coefficients, including personal, compensation and incentive payments are established within the wage fund formed for the calendar year.

3. Terms of remuneration for heads of institutions, their deputies, chief accountants

3.1. The salary of heads of institutions, their deputies and chief accountants consists of official salary, compensation and incentive payments.

3.2. The terms of remuneration for the heads of institutions are established in labor contracts concluded on the basis of a standard form of an employment contract with the head of a state (municipal) institution, approved by Decree of the Government of the Russian Federation of April 12, 2013 N 329 "On the standard form of an employment contract with the head of a state (municipal) institution" .

3.3. The amount of official salaries for the heads of institutions is determined by employment contracts depending on the complexity of the work, including taking into account the scale of management and the characteristics of the activities and significance of the institution.

3.4. The salaries of deputy heads, chief accountants of institutions are set at 10 - 30% lower than the salary of the head.

3.5. To the salary of the heads of institutions, their deputies, chief accountants, multiplying factors may be established in accordance with clause 2.5 of this Regulation.

3.6. Increasing coefficients to the salary of managers are established by the employment contract. Increasing coefficients for the salaries of deputy heads and chief accountants are established by order of the head of the institution.

The amount of payments under the increasing coefficient to the salary is determined by multiplying the size of the official salary by the increasing coefficient.

The application of a multiplier to the salary for the position held does not form a new salary and is not taken into account when calculating compensation and other incentive payments.

The incremental payouts are stimulating in nature.

3.7. Heads of institutions, their deputies and chief accountants may be provided with compensation payments in accordance with Section 4 of these Regulations.

3.8. Heads of institutions, their deputies and chief accountants of institutions, taking into account the provision of financial resources, may be provided with incentive payments provided for in Section 5 of these Regulations.

3.9. Bonuses for the heads of institutions are carried out based on the results of an assessment of the results of the work of institutions for the corresponding reporting period subject to implementation targets the effectiveness of the activities of institutions, the personal contribution of the head to the implementation of the main tasks and functions defined by the charter of the institution.

Target indicators of the effectiveness of the activities of institutions and criteria for evaluating the effectiveness of the work of heads of institutions are established by order of the department.

The payment of bonuses to managers is carried out on the basis of the order of management.

4. Compensatory payments

4.1. In accordance with the approved list of types of compensation payments in public institutions In the Voronezh Region, the following compensation payments can be made to employees of institutions:

Payments to employees engaged in work with harmful and (or) hazardous conditions labor;

Payments for work in conditions that deviate from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night and when performing work in other conditions that deviate from normal).

Compensatory payments are established in addition to salaries (official salaries) of employees, unless otherwise provided by federal and regional legislation.

The leader takes action special evaluation working conditions in order to develop and implement an action program to ensure safe working conditions and labor protection.

4.2. Payments to employees employed in work with harmful and (or) dangerous working conditions are established in accordance with Article 147.

4.3. Payments for work in conditions deviating from normal (when performing work of different qualifications, combining professions (positions), overtime work, working at night and when performing work in other conditions that deviate from normal), are established taking into account Article 149 of the Labor Code of the Russian Federation. Federation.

4.3.1. An additional payment for combining professions (positions) is established for an employee when he combines professions (positions). The amount of the additional payment and the period for which it is established are determined by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

4.3.2. The additional payment for the expansion of service areas is set for the employee when expanding service areas. The amount of the additional payment and the period for which it is established are determined by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

4.3.3. An additional payment for an increase in the volume of work or the performance of the duties of a temporarily absent employee without release from work specified in the employment contract is established for the employee in the event of an increase in the amount of work established for him or the assignment of the duties of a temporarily absent employee to him without exemption from work specified in the employment contract. The amount of the additional payment and the period for which it is established are determined by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

4.3.4. Surcharge for work at night is made to employees for each hour of work at night.

Night time is considered from 22:00 pm to 6:00 am.

The calculation of the additional payment for an hour of work at night is determined by dividing the salary (official salary) of the employee by the average monthly number of working hours in the corresponding calendar year, depending on the length of the working week established for the employee.

4.3.5. Additional pay for work on weekends and non-working days holidays made to employees involved in work on weekends and non-working holidays.

The amount of the surcharge is:

in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working hours and in the amount of at least double daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

4.3.6. Increased pay overtime for the first two hours of work is at least one and a half size, for the next hours - double size in accordance with Article 152 of the Labor Code of the Russian Federation.

4.4. When calculating compensation payments provided for in paragraph 4.3 of this Regulation, in the case of using the hourly (daily) tariff rate, the latter is determined by dividing the salary (official salary) by the average monthly number of working hours (days) per year, depending on the established working hours for this category workers.

5. Incentive payments

5.1. In order to stimulate the qualitative result of labor and encourage employees for the work performed in institutions, taking into account the provision of financial resources, the following incentive payments can be established:

Payments for intensity and high performance;

Payments for continuous work experience, length of service;

Incentive payments, the amounts and conditions for their implementation are established by local regulations, collective agreements, agreements.

The grounds for establishing incentive payments to employees of institutions may be:

Successful and conscientious performance employee of his duties in the relevant period;

Initiative, creativity and application in the work of modern forms and methods of labor organization;

Performing assigned work related to ensuring the work process;

Participation in the performance of particularly important works and events;

Early and quality performance works and high achievements in work;

Successful implementation of planned indicators of the statutory activities of the institution;

High achievements in work at the end of the year;

Active participation in methodological work (conferences, seminars, methodological and scientific-methodical associations);

Organization and holding of events that increase the credibility and image of the institution;

High level of performing discipline;

A special mode of operation to ensure trouble-free, trouble-free and uninterrupted operation of engineering and economic and operational life support systems of the institution.

Incentive payments are made by decision of the heads of institutions within the limits of subsidies received for the fulfillment of the state task, as well as at the expense of funds from income-generating activities directed by the institution to pay employees for the corresponding financial year.

Bonuses for employees of institutions are carried out on the basis of the provision on bonuses approved by the local regulatory act of a particular institution, subject to the provision of financial resources.

The decision to introduce each specific incentive payment is made by the head of the institution, the name and conditions of its payment are included in the regulation on bonuses to employees of the institution.

The period for which the bonus is paid is specified in the regulation on bonuses to employees of the institution. In an institution, several bonuses can be introduced simultaneously for different periods - based on the results of work for a month, quarter, half a year, 9 months, a year, as well as bonuses for the exemplary quality of work performed, for the performance of particularly important and responsible work, for the intensity and high results of work etc.

5.2. Premium payouts according to the results of the work:

Bonus payments based on the results of work for the period (month, quarter, six months, 9 months, year) are paid in order to encourage employees for the overall results of work based on the results of assessing the fulfillment of the approved criteria and performance indicators of each employee of the institution.

The specific amount of the bonus is determined in accordance with the employee's personal contribution to the achievement of the target performance indicators of the institution, functional duties and other indicators approved in the bonus regulation. In the case when the criteria for evaluating the effectiveness of activities are different for various categories workers, it is advisable to group them into separate subsections.

The payment of a bonus based on the results of work for the period is made for the actual hours worked, which does not include:

Stay on the next main or additional vacation;

time of disability;

Other periods when the employee did not actually work, but the average salary was kept for him.

The bonus is paid within the limits of the wage fund approved by the institution for the relevant financial year, based on the order of the head of the institution. Bonus payments are set both in absolute terms and as a percentage of salary, and are not limited to maximum amounts.

When deciding on bonuses to an employee based on the results of work for the period, the presence of disciplinary action and (or) violation of the internal labor regulations.

5.3. Payments for the intensity and high performance of work can be paid to employees regularly and at a time.

When assigning payments for the intensity and high results of work, the following is taken into account:

The intensity and intensity of work associated with the specifics of the contingent;

Organization and holding of events aimed at increasing the authority and image of the institution;

The results of the implementation of particularly important and responsible work.

The specific amount of the incentive payment for the intensity of work and high results is established by order of the head of the institution:

Heads of structural subdivisions of the institution and other employees subordinate to the deputy head of the institution - on the proposal of the deputy head of the institution;

The rest of the employees of the institution engaged in the performance of statutory activities and the functions assigned to them - on the proposal of the head of the relevant structural unit.

Payments for the intensity and high results of work can be established by a permanent tariff commission for a period of up to 1 year.

Payments for the performance of particularly important and urgent work are made at a time based on the results of the performance of especially important and urgent work in order to encourage employees for efficiency and high-quality work results.

Payments for the intensity and high results of work are made within the limits of the wage fund approved by the institution for the corresponding financial year, based on the order of the head of the institution. Payments can be set both in absolute terms and as a percentage of salary, and are not limited to maximum amounts.

5.4. Payments for the quality of work performed can be paid to employees at a time, provided that they are provided with financial resources.

The types and amounts of incentive payments for the quality of work performed are established by a legal act of management.

The recommended amount of payment for the length of service of continuous work, length of service for employees of institutions is determined as a percentage of the salary (official salary) depending on the total length of service in the following amounts:

Total work experience, years

The amount of the allowance, %

From 1 year to 3 years

From 3 years to 8 years

Over 8 years to 13 years

Over 13 years old Under 18 years old

Over 18 years old to 23 years old

The length of service, which gives the right to receive a monthly payment for the length of service, includes:

Periods of work and (or) other activities, which are provided for by Article 11 of the Federal Law of November 28, 2013 N 400-FZ "On Insurance Pensions";

Travel time military service by invitation.

The main document for determining the work experience, which gives the right to receive a monthly payment for continuous work experience, length of service, is a work book.

The results of calculating the length of service are recorded in the minutes of the meeting of the tariff commission.

The minutes of the meeting of the commission are the basis for the preparation of a draft order on the establishment of a payment for the worker for continuous work experience, length of service.

Upsizing established for the employee a monthly payment for continuous work experience, length of service is made if the employee has a length of service that gives the right to receive the specified payment in a higher amount, from the next day after the date on which this right arises for the employee.

6. Other pay issues

6.1. In the event of a delay in the payment of wages to employees and other violations of wages, the head of the institution shall be liable in accordance with the legislation of the Russian Federation.

6.2. If there are savings on the wage fund in the institution, the employees of the institution and the head of the institution may be provided with material assistance for annual paid leave, as well as in the event of special cases:

In connection with anniversaries (50, 55 and 60 years);

In connection with the birth of a child;

In case of death of close relatives (husband, spouse, children, parents, adopted children, adoptive parents, siblings and sisters);

In case of special need (expensive treatment, purchase of expensive medicines and etc.).

The conditions for the payment of material assistance are established by the local regulations of the institution.

The decision to provide material assistance and its specific amount is made by the head of the institution on the basis of a written application from the employee. The decision to provide financial assistance and its specific amount to the head of the institution is made by the head of the department on the basis of a written application from the head of the institution.

6.3. At the expense of savings on the payroll fund, employees of the institution can be paid one-time bonuses for professional and state holidays. Bonus payments are paid from the funds received from income-generating activities aimed at additional incentives for the employees of the institution, as well as by saving the wage fund, formed from the funds of subsidies from the regional budget provided to the institution to fulfill the state task of the founder. The amount of the bonus is determined by the head of the institution, taking into account the security of these payments with financial resources. The size of the bonus of the head of the institution is determined by the head of the department. Payments are set both in absolute terms and as a percentage of salary, and are not limited to maximum amounts.

6.4. The head of the institution is responsible for the overspending of the wage fund.




Appendix N 1. List of positions of employees classified as key personnel

Appendix No. 1
to the exemplary
on the remuneration of employees of a budgetary institution,
for which the Regulatory Authority
contract system in the field of procurement of the Voronezh
area, the functions and powers of the founder are performed

List of positions of employees classified as key personnel

1. Head of department;

2. Deputy head of department;

3. Chief specialist;

4. Specialist;

5. HR specialist;

6. Leading legal adviser;

7. Legal adviser.

Appendix N 2. Procedure for employees of institutions

Appendix No. 2
to the exemplary
on the remuneration of employees of a budgetary institution,
for which the Regulatory Authority
contract system in the field of procurement of the Voronezh
area, the functions and powers of the founder are performed

The order of work on the tariffing of employees of institutions

1. To carry out work on determining the amount of allowances of a compensatory and incentive nature, by order of the head of the institution, a permanent tariff commission is created consisting of the head and (or) deputy head, chief accountant, employee dealing with personnel issues, as well as other persons attracted by the head of the institution to this work. The chairman of the tariff commission is the head of the institution or his deputy.

2. The tariff commission is guided in its work by the current conditions of remuneration of the relevant employees and other regulations. The results of the work of this commission are reflected in the tariff lists. In addition, if necessary, the tariff commission may draw up the results of its work in a protocol or any other document.

3. Tariff lists are compiled:

For employees of the institution - a tariff list in the form in accordance with Appendix No. 1 to this Procedure (hereinafter - the tariff list of employees);

For deputy heads and chief accountant - a tariff list in the form in accordance with Appendix No. 2 to this Procedure.

The tariff lists specified in this paragraph are compiled annually as of January 1 and signed by all members of the tariff commission of the institution.

During the year, additions and (or) changes may be made to the tariff lists, according to unscheduled meetings of the tariff commission, which are held in accordance with local regulations institutions.

4. The tariff list of employees is filled in by categories of personnel for each position (profession) of each structural unit of the institution in the sequence corresponding to the structure of the institution's staffing table, with the exception of the positions of the head of the institution, his deputies and chief accountant.

5. In column 3 "Name of the professional qualification group" of the tariff list of employees, the professional qualification group of the professions of workers and positions of employees of the institution, which includes the profession of a worker or the position of an employee, is indicated.

6. In column 4 "Level of the professional qualification group" of the tariff list of employees, the value corresponding to the number of the level of the professional qualification group to which the profession of a worker, the position of an employee is assigned is indicated.

7. In column 5 "Qualification level of the professional qualification group" of the tariff list of employees, the value corresponding to the number of the qualification level of the professional qualification group to which the profession of a worker or the position of an employee is assigned is indicated.

If the professional qualification group is not structured by qualification levels, then a dash is put in column 5.

8. In column 6 "Salary (official salary)" of the tariff list of employees, the amount of salary established by the Regulations for the corresponding qualification level of the corresponding professional qualification group is indicated.

9. In column 9 of the tariff list of employees, the coefficient of additional payments to employees employed in work with harmful and (or) dangerous working conditions is established in accordance with Article 147 of the Labor Code of the Russian Federation.

10. Column 12 indicates the "Coefficient of the allowance for the intensity and high results of work" of the tariff list of employees, which implies payments on a regular basis during the year.

11. In column 15 "Coefficient of bonuses for length of service, continuous work experience" of the tariff list of employees, the value of the specified coefficient is indicated.

If the length of service, which gives the right to pay bonuses for length of service, the duration of continuous work, changes during the coming year for the employee, then the bonus coefficient for the length of service should be indicated in two lines: on the date of filling out the tariff list of employees and on the date of the change in length of service, which is entered in column "Additional information".

12. Columns 6, 18, 19, 21 of the tariff list of employees are filled in in accordance with section 2 of the Regulation.

13. In column 23 "Additional information" of the tariff list of employees, information is entered on the availability of an academic degree, honorary title, and other information.

14. Vacancies are reflected in those structural divisions where they are available.

In the tariff lists of employees, the monthly wage fund is calculated according to vacancies based on average salaries (official salaries) and average bonuses for length of service, the duration of continuous work in the relevant positions (professions of workers).

15. The following is not reflected in the form of the tariff list of employees:

Payments for work in conditions deviating from normal;

Payments for the quality of work performed;

Bonus payments based on performance.

Appendix N 1. TARIFF LIST OF EMPLOYEES

Appendix No. 1
to Order
billing works
employees of the institution

_______________________________________
name of institution

as of 01.01.20__

Full Name

Name of profession (position)

Name of professional qualification group

Level of professional qualification group

Qualification level of a professional qualification group

Salary (official salary) (rub.)

The coefficient of the volume of work by profession (position) (1.0; 0.75; 0.5; 0.25) indicating the type of work (main, part-time)

The amount of the employee's salary, taking into account the amount of work (rubles) (group 6 x group 7)

Compensation payments

The coefficient of additional payment to employees employed in work with harmful and (or) dangerous working conditions

The amount of additional payments to employees employed in work with harmful and (or) dangerous working conditions (rubles) (column 8 x colum 9)

Total: compensation payments (rubles) (column 10)

incentive payments

Bonus factor for intensity and high performance

Amount of payment for intensity and high performance (rubles) (column 8 x colum 12)

General work experience

Bonus coefficient for continuous work experience, length of service

The amount of the allowance for the length of service, for the length of service (rubles) (column 8 x gr. 15)

Total: incentive payments (rubles) (column 13 + colum 16)

Salary increase for an honorary title of the Russian Federation and an academic degree/academic title (rubles) (group 8 x (group 17 + group 18))

Personal multiplier

The amount of payments for a personal multiplier (rubles)

Total: monthly wage fund according to the tariff list (rubles) (group 8 + group 11 + group 17 + group 20 + group 22)

additional information

Appendix N 2. TARIFF LIST of deputy heads, chief accountant

Appendix No. 2
to Order
billing works
employees of the institution

______________________________________________
name of institution

as of 01.01.20__

Full Name

Job title)

Salary for the position held (rub.)

Compensation payments

Coefficient of additional payment head, chief accountant employed in work with harmful and (or) dangerous working conditions

The amount of the supplement head, chief accountant, at work with harmful and (or) dangerous working conditions (rub.) (group 3 x group 4)

Coefficient of additional payment for work in conditions deviating from normal

The amount of additional payment for work in conditions deviating from normal (rubles) (column 3 x colum 6)

Total: compensation payments (rubles) (column 5 + colum 7)

Multipliers

Increasing coefficient for the honorary title of the Russian Federation

Increasing coefficient for an academic degree and (or) academic title

Salary increase for an honorary title of the Russian Federation and an academic degree/academic title (rubles) (group 3 x (group 9 + group 10))

Total: multiplying factors (column 11)

Total: monthly wage fund according to the tariff list (group 3 + group 8 + group 12)

additional information

Appendix N 3. Recommended minimum salaries for specialists and employees

Appendix No. 3
to the exemplary
on the remuneration of employees of a budgetary institution,
for which the Regulatory Authority
contract system in the field of procurement of the Voronezh
area, the functions and powers of the founder are performed

Job title

PCG" Industry-wide positions second level employees

2nd qualification level:

Head of the household

PKG "Industry-wide positions of employees of the third level"

1st qualification level:

Human Resources Specialist, Legal Counsel

4th qualification level:

Lead Counsel

5th qualification level:

Chief Specialist

PKG "Industry-wide positions of employees of the fourth level"

1st qualification level:

Head of Department<*>

________________

<*>The official salary of the deputy head of the department is set at 5 - 10% lower than the official salary of the head of the department.

Annex N 4. Recommended minimum wages for positions of employees not assigned to professional qualification groups

Appendix No. 4
to the exemplary
on the remuneration of employees of a budgetary institution,
for which the Regulatory Authority
contract system in the field of procurement of the Voronezh
area, the functions and powers of the founder are performed

Appendix N 5. Recommended minimum wages for industry-wide occupations of workers

Appendix No. 5
to the exemplary
on the remuneration of employees of a budgetary institution,
for which the Regulatory Authority
contract system in the field of procurement of the Voronezh
area, the functions and powers of the founder are performed

Occupations of workers assigned to the qualification levels of the PKG

PKG "General industry professions of workers of the second level"

1st qualification level:

Document Number: 100 o/n
Document type: Order URKS VO
Host body: URKS VO
Status: current
Published: Information system "Portal of the Voronezh region on the Internet" http://www.govvrn.ru, 05/13/2016
Acceptance date: May 12, 2016

The register of professions that by 2020 will be more relevant than lawyers and economists has been replenished with a new one.

Since January 1, 2018, the contract manager has become a specialty that many will strive to obtain. This is due to the opportunities for professional growth and the wide powers that can be obtained in this position.

Practically all companies that are looking for clients in the field of public procurement need specialists of this profile.

Who is a contract manager

The scope of procurement for state bodies is regulated by the legislator very strictly.

Since recently, 44-FZ and Law 223-FZ require certain actions from all legal entities that fall under their action.

These include:

If these legal entities would like to purchase goods, works or services on electronic auctions and competitions in accordance with the requirements of 44-FZ or 223-FZ, they are required to create a special position or unit in their state. They can also be a department, with a high workload - a department.

Note: if the total amount of government contracts planned for the current financial year exceeds 100 million rubles according to the company's schedule, the law will require the creation of a service headed by a specialist.

It is assumed that its functions are to organize the procurement process in accordance with all legal requirements, to manage the unit and prepare reports for higher organizations.

Job description according to 44-FZ

A company creating such a service will have to prepare a regulation on the division in accordance with the standard recommendations of the Ministry of Economic Development.

For an employee who will have to manage a unit or work independently, it is necessary to prepare instructions.

Its main parameters will be: rights, duties, necessary knowledge, subordination, vertical and horizontal relationships with other parts of the organization. The requirements for the candidate are directly spelled out in 44-FZ.

Its useful to note: The Ministry of Economic Development has not yet developed a standard instruction for this specialty.

Job candidate requirements

Since the beginning of this year, the law obliges a candidate for this position to receive a higher professional education or, instead of it, additional professional education specifically in the field of procurement of products or services in accordance with the norms of the legislation on state contracts.

Note that this is a new requirement - previously higher education was not required.

The employee must be on the customer's staff; work under civil law contracts is not allowed. Occupational standards also require the complete absence of a conflict of interest, that is, none of the candidate's relatives can work for suppliers.

Responsibilities and salary

The duties of the employee will be the organization of the procurement process in accordance with the law and other regulations. At high level responsibility, he will not always be able to claim substantial compensation.

The problem with determining the manager's salary is due to the fact that this position has not yet been fully defined in Tariff guide used by state companies to form their staffing table.

Therefore, she will qualify as a position of a leading specialist or head of a department, and the salary will be formed in the general order for these positions.

The professional level of the candidate will not affect the level of remuneration. In companies with state participation, the salary of a specialist in the position of a contract manager is not always determined only by the staffing table. Most often, depending on the success of his work, motivation systems are introduced from its results.

Conclusion

The growth in the volume of public procurement, which already exceeds 20% of Russia's GDP, creates a wide field for application of efforts for candidates for the positions of a contract manager. It remains only to get the necessary education.

Watch the video, which explains the rules for the appointment and functioning of a contract manager:

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