home Magazine Why are professional standards developed and adopted? About the application of professional standards Where to look for information about professional standards.

Why are professional standards developed and adopted? About the application of professional standards Where to look for information about professional standards.

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

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

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

Development of professional standards in accordance with Government decree Russian Federation dated January 22, 2013 N 23 “On the Rules for the development, approval and application of professional standards” (hereinafter referred to as Decree of the Government of the Russian Federation dated January 22, 2013 N 23) is carried out taking into account the priority areas of economic development and proposals of the National Council under the President of the Russian Federation according to professional qualifications.

The need to develop professional standards is also determined taking into account the information in the Directory of new and promising professions in demand on the labor market (as amended by Order of the Ministry of Labor of Russia dated February 10, 2016 N 46).

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

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

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

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

In order to reduce the qualitative gap between supply and demand in the labor market, create conditions for increasing labor productivity through the implementation modern programs professional training, modern qualification requirements, measures are being implemented to improve the national qualifications system.

The main element of the national system of professional qualifications is professional standards, which reflect current qualification requirements. Currently, more than 800 professional standards have been approved; they apply to accountants, programmers, educational psychologists, and representatives of many other professions. You can clarify whether a particular professional standard has been approved by the Russian Ministry of Justice, as well as find out the date of its entry into force, by downloading the current register on a special website developed by the Russian Ministry of Labor, in the section “ Useful documents» ( http://profstandart.rosmintrud.ru/), as well as the Scientific and Methodological Center for the System of Professional Qualifications of the Federal State Budgetary Institution “Research Institute of Labor and Social Insurance” of the Ministry of Labor of Russia (http://vet-bc.ru).
Below is information from the Ministry of Labor and Social Protection of the Russian Federation dated April 5, 2016 on current issues in the application of professional standards:

Why are professional standards developed and adopted?

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

How often will professional standards be updated/added?

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

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

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

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

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

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

Will ETKS and EKS be cancelled?

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

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

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

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

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

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

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

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

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

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

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

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

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

Can the responsibilities of employees, education and experience requirements change automatically due to the adoption of a professional standard? Can an employment contract with an employee be terminated if his level of education or work experience does not meet those specified in the professional standard? Fire him (if he refuses to undergo training)?

There is no such basis in the Labor Code of the Russian Federation. The responsibilities of employees cannot change automatically due to the adoption of a professional standard.

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

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

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

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

Should workers match their qualifications to professional standards? Is the employer responsible for providing training and expenses?

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

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

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

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

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

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

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

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

Thus, if the specified mandatory requirements legislation, the employer may be issued an order to eliminate the identified violations labor legislation, and he may also be brought to administrative liability in accordance with Article 5.27 of the Code of Administrative Offenses.

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

Department of Labor and Social Protection of the Population of the City Administration of Evpatoria

Labor legislation requires the mandatory presence of professional standards, but not everyone understands why they are needed. What is the structure, who approves it and for what profession it is being developed - these points are subject to strict regulation.

Professional standards at the enterprise

A professional standard for an employee is a kind of qualification. The information specified in it determines the orientation in professional activities. The requirements indicate what qualifications the employee must have and what skills he must possess.

Back in 2012, a change was made to the Labor Code of the Russian Federation, and in 2013 a resolution was issued. Based on the documents put into effect, professional standards must be developed and applied in accordance with current regulations.

Employers must check the qualification level of a specialist based on professional standards. It is equally important to periodically publish job descriptions, make changes to staffing tables and other regulations.

However, not all organizations have approved professional standards. Workers carry out labor activity, based on job descriptions, although in practice there are deviations from the rules. For example, if the profession is classified as preferential, then the name of the employee’s position must be taken into account in the professional standard, even if it is not required to be used.

Purpose of the document

Professional standards indicate the activities of specialists working at different qualification levels. This can be in different areas, for example, design, production or research.

The requirements for an employee are multifaceted, and when formulating them, new terms and combinations are used, for example, work experience and qualifications of the employee, competence and knowledge.

In general, professional standards have become a replacement for qualification reference books, which are outdated in economic terms. But HR department employees are still advised to adhere to the previous standards, since the benefits are indicated precisely there.

But the introduction of professional standards will be aimed at introducing new system. Benefits are associated with the job title, and not with the knowledge and skills of the employee. If you change even one word in the position, the employee will not receive the compensation due.

How to apply professional standards

The procedure for applying professional standards

Find a list of professional standards. It is published on the website of the Ministry of Labor.
Analyze his enterprises and write down positions for which documents need to be developed.
Find the relevant document related to this position from the list.
Conduct comparative analysis whether there are benefits for this profession; if there are none, then the development of a standard for this case is not necessary.
When the standard is in state register does not exist at all, then it is worth asking the question of its acceptance.
The employer has two options for solving the problem: if the level of qualifications does not correspond to those set out in the document, then he can either dismiss the employee from the enterprise or send him to vocational training.
If an employee does not correspond to the position held, then the manager should not allow him to work until these shortcomings are eliminated.

For whom are professional standards required?

Starting from mid-2016, documents became mandatory for all entrepreneurs. When hiring an employee, a private employer must apply a professional standard, and the use of a qualification directory in work is unacceptable.

But if the standard has not yet been adopted at this time, then the reference book can be taken for guidance, but it is necessary to organize the work on developing a professional standard.

The positions described in the reference book and in the standard are treated the same, but the modern document is preferred for guidance. Requirements for a hired employee are specified in regulatory documentation. If there are preferential working conditions, they must also be indicated in the document.

Based on the requirements of regulations, the use of professional standards is mandatory in the following cases:

There is a need for re-certification or initial re-certification of employees.
The company is in need of personnel management.
When developing job responsibilities.
When forming a policy for improving the qualifications of personnel and working with personnel.
When carrying out retariffing.
If necessary, conduct training for employees.
The need to establish a systematic system of remuneration.

Many employers have a question: where can they find developed and approved standards? The Ministry of Labor provides for the publication of these documents on their website. It contains a register of documents. It is recommended to regularly check the website for updates.

Application requirements

Requirements for the use of professional standards

The legislation contains special requirements regarding the application of professional standards. It is necessary to indicate and qualify the qualifications in these cases:

When there are preferential conditions for the employee, for example, he works as a teacher or welder.
For employees with restrictions on functional responsibilities in relation to the lack of imposition of administrative liability, for example, for railway transport employees.

The following nuances are also taken into account:

to reward or punish the work of civil servants or municipal employees;
for assigning tariff categories.

In other cases, there is no list of professional standards for their mandatory application, but this does not mean that it is not necessary to spell out the job title correctly.

What professions require professional standards?

To date, there are more than three hundred bills for new professional standards, but more than two hundred have been approved. They relate to the automotive industry, aerospace, information technology, nuclear and social spheres.

At the state level, there are standards for the following:

software employee;
Social worker;
patent officer;
for the head of social services;
psychologist;
family psychologist;
employee from the guardianship and trusteeship authorities;
health professionals;
lawyers and judges;
pilots;
chief accountants;
civil servants;
workers engaged in mining;
pharmacists;
doctors;
workers from public procurement sectors.

Also, based on proposals from other executive structures, a list has been developed for the further introduction of professional standards into their area of activity.

Procedure for preparing the document

The procedure for preparing professional standards in an organization

When a manager makes a decision to develop professional standards in the area of work entrusted to him, the following must be done:

Publication of an administrative document on the entry into force of documents.
Drawing up, coordination and approval of the introduction of professional standards at the enterprise.
Creation by order of a commission that will be responsible for consultations on the application of documents in practice.
The procedure for studying the contents of documents.
Preparation of a list of professions that, based on their type of activity, need to develop and introduce professional standards.
Drawing up notifications about the entry into force of documents.
Organization of testing the level of knowledge and skills of employees.
Collection of documents that will need to be amended accordingly: employment contracts and agreements; regulations and job descriptions, other regulatory documents.

Advanced training is carried out on the basis training centers enterprises or on the basis of concluded agreements with third parties.

Main directions of professional standards

The documents cover three areas simultaneously:

Work with personnel. This includes policies to improve professionalism.
Training and professional activities. The content of professional standards must include: qualification characteristics and what the employee must own.
Experience. When assigning a category to an employee, his skills and level of education in this area must be taken into account.

That is, the documents regulate the above areas.

Measures taken by the labor inspectorate

Essentially, all employers should know that the use of professional standards in the organization is mandatory; this was known a year before their entry into force. Based on these circumstances, representatives of the Ministry of Labor believe that all enterprises and organizations of the Russian Federation are engaged in paperwork.

Since mid-2016, the inspectorate has the right to organize inspections in relation to these issues. If the requirements are not met, administrative penalties are imposed in the form of a fine in the amount of 30 to 100 thousand rubles, which will not please any manager.

The procedure for introducing professional standards in the company is described in the following video:

Form for receiving a question, write yours

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

To the Ministry of Labor and Social Protection of the Russian Federation in connection with the entry into force on July 1, 2016 of the Federal Law of May 2, 2015 N 122-FZ "On Amendments to Labor Code The Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation” receive numerous questions from organizations and citizens regarding the application of professional standards.

The Russian Ministry of Labor has prepared answers to standard questions on the application of professional standards and are posted on the official website of the Russian Ministry of Labor on the Internet.

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

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

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

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

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

In other cases
requirements of inspection bodies regarding the application of professional standards
wrong.