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Introduction of professional standards. Professional standards: what level of education is enough to continue working? Introduction of professional standards in higher education

Implementation of professional standards in the organization may be carried out in accordance with the provisions of federal regulations. Which ones exactly and what could be the algorithm for this implementation?

Introduction of professional standards since 2016 at state-owned enterprises: nuances

Introduction of professional standards in organizations related to the state and municipal sectors - a mandatory procedure. In accordance with the provisions of Art. 195.3 of the Labor Code of the Russian Federation, professional standards are mandatory for use by an organization if this is directly prescribed by one or another federal legal act. State-owned enterprises are among those economic entities for which such an obligation has been established (clause 1 of the Decree of the Government of the Russian Federation of June 27, 2016 No. 584).

The introduction of professional standards at state-owned enterprises, as well as in state and municipal institutions, should be carried out in accordance with plans for the implementation of professional standards. The need and approximate procedure for the formation of plans at these enterprises are prescribed in Resolution No. 584. State and municipal organizations need to implement measures according to the plan before 01/01/2020 (clause 2 of Resolution No. 584).

Introduction of professional standards at enterprises in the private sector: nuances

In turn, professional standards in the private sector are mandatory only if, as we noted above, this is prescribed by federal regulations. At the same time, employers are obliged to use the relevant standards in any case when determining the requirements for the level of qualifications of employees, taking into account the specifics of the organization of production (Article 195.3 of the Labor Code of the Russian Federation).

If we talk about the requirements of federal regulations regarding the mandatory application of professional standards in private companies, so far there are 2 similar industry-wide standards in force at the appropriate level:

  • employers who have jobs with benefits or restrictions on working conditions must determine the names of the positions corresponding to them, as well as establish requirements for the qualifications of employees based on professional standards (Article 57, Article 195.3 of the Labor Code of the Russian Federation);
  • if occupational safety requirements are specified in professional standards, the employer is obliged to provide appropriate training to employees, i.e., in practice, to fulfill the requirements of professional standards (Article 212 of the Labor Code of the Russian Federation).

Private firms develop the procedure for introducing professional standards on their own. However, nothing prevents their management from implementing this procedure based on the algorithms proposed by the legislator for state and municipal structures - they are quite applicable to business entities with any legal status.

Let us consider what specific events can form the appropriate order.

What are measures to implement professional standards?

When determining the list of relevant measures, let us agree to follow the schemes that are supposed to be developed by state-owned enterprises when carrying out work aimed at implementing the norms of Resolution No. 584. These schemes are quite applicable to private business entities.

The main activities when introducing professional standards at a state-owned enterprise should be, and in a private company they could be:

1. Identification of a list of professional standards, the use of which is mandatory. In the case of state and municipal institutions and business entities, such professional standards will be everything that was approved by the Ministry of Labor and Social Development (or another authorized federal body) at the time of the start of implementation of the measures in question. In the case of private companies, those professional standards that:

  • established for preferential positions, as well as positions with restrictions;
  • contain labor protection requirements in connection with special working conditions.

2. Development of an order for the implementation of relevant professional standards in the organization, as well as drawing up a schedule for the implementation of relevant standards.

3. Identifying the needs for organizing additional training for employees in order to bring their qualifications into line with the criteria specified in professional standards, as well as conducting appropriate training.

4. Legal registration of updated norms of legal relations between the employer and employees, taking into account the requirements of the introduced professional standard for the positions they occupy.

It should be noted that the implementation of professional standards in an organization is not a one-time event, but a continuous process. Therefore, the algorithm for their implementation will also include:

1. Constant monitoring of changes in the legislation on professional standards, in the professional standards themselves - and the subsequent initiation, if necessary, of a repeated cycle of implementation of these activities.

That is, as soon as the federal government body introduces a new professional standard (replaces or adjusts the current one), the personnel service of a state-owned enterprise must promptly begin implementing the updates; a private enterprise must analyze it for compliance with the criteria for mandatory implementation and then act on the result: implement the changes or simply accept them. attention.

2. When hiring new employees:

  • establishing the fact of the existence of an approved professional standard for their positions - by a state-owned enterprise, establishing the fact of having an approved professional standard for preferential positions, as well as professional standards with labor protection requirements - by a private enterprise;
  • in the absence of an implemented professional standard of the appropriate type - implementation of measures according to paragraphs. 2, 3 and 4 main implementation activities (according to the list above);
  • if there is an implemented standard of the appropriate type, determining whether the qualifications of a new employee meet the professional standard and identifying the organization’s training needs in order to bring the qualifications into line with the professional standard.

Definition of standards to be implemented: the first point of the step-by-step algorithm

The first task of the enterprise's personnel service is to analyze the regulations governing the application of the professional standard, as well as the regulations in which, in fact, this or that standard is approved, that is, the corresponding order of the Ministry of Labor and Social Protection of the Russian Federation. For example, the professional standard “Specialist in the field of labor protection,” approved by order of the Ministry of Labor and Social Protection of Russia dated August 4, 2014 No. 524n, establishes mandatory requirements for many labor functions. Thus, both state and private enterprises will need to implement this professional standard if an employee is hired for the corresponding position.

Step 2: changes to the employment contract and local regulations

Once the range of mandatory standards for implementation has been determined, it is necessary to bring personnel documents and regulations of the organization into compliance with them: staffing schedules, labor (or collective) agreements, etc. The provisions initially written in these documents can be adjusted taking into account the data criteria standards. For this purpose, additional agreements are drawn up to the employment contract, and, if necessary, collective agreements are also updated.

If, based on the results of the analysis of professional standards and personnel documents, significant adjustments are expected in the latter (for example, labor functions), then this procedure can only be carried out with prior notification and written agreement with employees (Articles 72, 74 of the Labor Code of the Russian Federation).

In the professional community, the question often arises: can changes to the terms of the contract be carried out at the initiative of the employer? Most professionals come to the conclusion: no. Provisions of Art. 74 of the Labor Code of the Russian Federation, which are proposed to be used for cases of implementation of occupational standards, contain a closed list of possible changes to the TD at the initiative of the employer, and occupational standards are not included in this list. Today, for cases where an employee refuses to make changes to his TD, experts have developed the following approach:

  • changes are made to the staffing table: an existing position is eliminated, a new one corresponding to the professional standard is introduced;
  • the employee is offered a transfer to this new position, and if accepted, a new TD is concluded;
  • if the employee refuses, he is offered another job from among those available in the same area or in the areas provided for by the agreement concluded with the employee;
  • If the employee refuses these proposals, the employment contract is terminated on the basis of the provisions of Art. 77 Labor Code of the Russian Federation.

ATTENTION! A special case of changing a job function is renaming an employee’s position according to the norms of Art. 57 of the Labor Code of the Russian Federation (the name of the corresponding professional standard may sound different than the name of the position in the employee’s current employment contract with the company). Moreover, this procedure involves making changes to the organization’s staffing table. In this sense, one of the conditions for the successful solution of the entire task under consideration - the implementation of the professional standard - will be obtaining consent from the company employee to rename the position under the contract (as an option - to transfer to another[new] position in accordance with the provisions of Art. 72.1 of the Labor Code of the Russian Federation). As a result, the appearance of a new position in the staffing table will acquire practical and legal meaning (from the point of view of the employee actually working in this position).

Step 3: drawing up a schedule

The next task for the management of a public or private organization when solving the problem under consideration is to develop an order for the implementation of professional standards, as well as a schedule for their implementation.

The corresponding order may contain rules according to which:

  • a list of employees responsible for the implementation of professional standards is determined, as well as the form of organizing their work (commission, working group);
  • a list of specific tasks is determined that must be solved by employees included in the commission or working group (in fact, these tasks may be those that correspond to the measures in paragraphs 1-3 of the above list of implementation measures).

The order under consideration may be supplemented by:

  • thus, the schedule for the implementation of professional standards, which reflects in detail the sequence in which responsible specialists solve their tasks in relation to specific deadlines;
  • regulations on the commission or working group for the implementation of professional standards - a local standard regulating in detail the organization of the work of responsible specialists.

After local standards regulating the implementation of professional standards have been developed, the remaining stages can be implemented (which, as we noted above, can be specified in the relevant standards as tasks solved by responsible specialists).

Step 4: employee qualification assessment and training

Determining the level of qualifications of an employee from the point of view of assessing its compliance with the requirements of professional standards can be carried out as part of certification. From 01/01/2017, this procedure will have to be carried out in the manner established by the Law “On Independent Assessment of Qualifications” dated 07/03/2016 No. 238-FZ. Namely, in the format of a professional exam conducted by a specialized qualification assessment center.

Employee training, if required based on the results of a professional exam, can be carried out in a specialized educational institution. From 01.01.2017 Art. 187 of the Labor Code of the Russian Federation, according to which the employer is obliged to maintain a position and average salary for an employee sent for training.

Based on the results of the training, the employer can also conduct certification of employees to determine their compliance with professional standards, and from 01/01/2017 it will be necessary to assist employees in passing a professional exam. We note that in accordance with Art. 187 of the Labor Code of the Russian Federation, the employer will have to pay employees for its completion (as well as in the case of the initial certification).

Results

Professional standards are mandatory for use in state and municipal structures, and in private companies - in the event of requirements at the level of federal legislation. Algorithms for the implementation of professional standards in all types of organizations can be based on those norms that are defined by the legislator for government agencies, and include tasks for creating a local regulatory framework, as well as monitoring, analysis and implementation of norms established by legal acts.

You can learn more about the schedules for the implementation of professional standards, as well as about the commission responsible for their implementation, in the articles:

Law on professional standards made their use mandatory from July 1, 2016. Many employers still ignore professional standard when preparing draft job descriptions. First of all, it is necessary to understand whether the requirements of the law are unconditionally binding for everyone. In our article, we will not only analyze in detail what a standard is and what it consists of, but also tell you who will not be able to “get away” from its application.

In Russia, a large-scale reform of the wage system and the transition from its link to skill level to a system of professional standards (hereinafter referred to as PS) are being completed. The developed professional standards are intended to replace the usual but outdated qualification reference books.

The transition to PS has another goal. Bringing the system of training specialists at all levels of vocational education into line with the real requirements of each profession.

From this article you will learn:

The requirements of the professional standard do not contain the requirements:

  • A. To the level of professional education of the employee
  • B. To the employee's floor
  • B. To the quality of the work performed

What are professional standards

Before covering issues related to the application of professional standards, it is necessary to understand what they are. To do this, let us turn to the main document regulating relations in the sphere of labor - the Labor Code. On January 1, 2017, the updated Chapter 31 of this act began to apply. Back in 2012, it officially included such concepts as “professional standard” and “qualification” (Article 195.1 of the Labor Code of the Russian Federation).

Qualification in professional standard

By qualification, the law understands a certain level of experience, as well as its constituent triad: knowledge, skills and abilities. A description of this qualification, necessary for the employee to successfully perform his job function, will be the professional norm. In other words, the PS is a system of requirements for an employee, reflected in a regulatory document. It establishes and records the requirements in a specific professional field. To date, more than 1,500 such documents have been developed and approved.

Read also

The requirements of the standards relate to:

  • level of professional education of the employee;
  • his practical experience;
  • to the content of labor;
  • to the quality of work performed;
  • to the conditions in which work is carried out.

Structural units of standards can be called qualification levels allocated for each specific area of ​​application of labor. They differ from each other:

  • complexity of the assigned work;
  • the knowledge and skills necessary for this;
  • level of employee independence;
  • degree of responsibility.

For a more detailed explanation, see the video:

Who benefits from professional standards?

The use of PS for these professions is mandatory for all employers, regardless of the form of ownership of the enterprise. Failure to comply with this requirement is subject to liability under Art. 5.27 of the Administrative Code, as for any other violation of labor legislation.

The fine for an official is 1-5 thousand rubles, for an enterprise - up to 50 thousand rubles. However, given the novelty of the norms, so far more orders have been drawn up to eliminate violations than administrative protocols.

Legal basis of professional standards

Mandatory professional standards since 2017

At the beginning of 2017, software systems have already been developed for 40 sectors of the economy. The list includes all major industrial sectors, agricultural production; communications and transport, construction, services. In addition to the new standards, the number of which is approaching 2000, some of the existing ones have been updated and improved.

As an example of the new ones coming into force in July, we can name the standards in the following areas:

  • Recruitment and KDP;
  • Labor rationing;
  • Personnel development and training, etc.

Mandatory requirements include having a university degree. And to occupy leadership positions, you will also need additional professional education and certain experience, that is, work experience in your specialty.

When is it necessary to rename an employee's position to comply with occupational standards?

  • A. Only in cases where the employee insists on it
  • B. In all cases of transition to a system of professional standards
  • B. Only in cases where the work in the position is related to the employee receiving any benefits, or imposes certain restrictions on him.

Not sure about the answer? Read the explanation below

Implementation of professional standards step by step

Step 1. Orders.

The manager’s tasks include not only organizing the transition to the PS system, but also notifying all employees about this. This purpose is served by an order, which simultaneously appoints a commission responsible for carrying out all necessary activities and sets deadlines. It is advisable to appoint to the commission those workers who are directly related to the application of standards: personnel officers, lawyers, economists and labor protection specialists.

Read also

Step 2. Schedule.

It is drawn up at the first meeting of the commission, and then approved by order of the director (manager). There are no strict requirements for the form of the plan or its content. Typically, such a document includes a list of intermediate stages and deadlines for their completion. For each event from the list, a person is appointed from among the commission members. He may involve other employees or ask them for necessary information.

Step 3. Correlation of positions and standards.

This will require the standards themselves and staffing. But it is necessary to keep in mind that the job titles in these two documents do not always coincide. This is normal, since the PS does not describe a specific position, but a type of activity, a professional area.

Step 4. Rename positions.

There is not always a need for such an event. The law requires changes only if work in a position is associated with the employee receiving any benefits, or imposes certain restrictions on him. It must be remembered that we are talking about changing one of the terms of the employment contract. This requires compliance with a special procedure, including the conclusion of an additional agreement with the employee.

Step 5. Change job responsibilities.

According to Art. 72 of the Labor Code of the Russian Federation, any changes to them are possible only if the employee agrees to this. Unilaterally, the employer can only clarify and specify a number of functions, but not introduce some or exclude others.

Step 6. Introduction of new payment systems.

The transition to the use of PS also changes the conditions for calculating wages. Employees with an equal level of responsibility and independence are entitled to equal earnings. As qualification requirements increase, it should increase proportionally. Changes must be recorded in local regulations and brought to the attention of employees in advance.

Step 7. Certification.

The main purpose of this event is to clarify the issue of employee compliance with the implemented standards. Based on the results, employees may be sent to study, transferred to another job, or even fired.

In the event that the level of qualifications turns out to be higher than what the employee actually has for this position, the employer has the right to raise the issue of the need to obtain additional education. It can be obtained both at the expense of the employer and the employee himself.

Since 2016, professional standards have been mandatory for use in a number of organizations. One of the most controversial issues is the procedure for implementing these documents at the enterprise. Due to the fact that standards are an innovation in domestic legislation, the process of their implementation remains not always straightforward. It is recommended to follow the provided step-by-step instructions to ensure that the standards are up to date.

Reasons for introducing professional standards in organizations

Starting from July 1, 2016, Art. 195 Labor Code of the Russian Federation. This article describes the procedure for applying professional standards.

Thus, a professional standard is understood as a specialized standard that sets out the requirements for employees in the context of their professional skills and work experience. That is, the document regulates the set of labor functions that an employee must perform in a certain position.

Also today, directories of qualifications, which are the predecessors of professional standards, continue to operate. It is expected that in the near future standards will replace reference books. However, until these documents are officially cancelled, the use of reference books as advisory standards is not illegal.

The basis for the introduction of professional standards is the presence of the necessary position, which is fixed in the document, as well as work in a specific industry for which the standard is provided.

Features of the implementation of professional standards at the enterprise

Entering these standards is a complex procedure that requires studying the legislation. In particular, the features of the implementation of standards are disclosed in the Letter of the Ministry of Labor of the Russian Federation “Answers to standard questions” dated April 4, 2016.

Thus, the features of the implementation of such documents include the following:

Plan for the implementation of professional standards - what is it?

To successfully implement professional standards in an organization, the manager must follow the points of a pre-drawn plan. Such plans must be drawn up based on RF PP No. 584 dated June 27, 2016.

The form of the document is not regulated by law. Practice shows that most often such plans are drawn up in the form of a table. Based on PP No. 584, the action plan for the implementation of the professional standard should reflect the following information:

  • a list of standards used in the organization;
  • the procedure for introducing these standards;
  • information on necessary adjustments in local regulations;
  • data on the need for additional educational programs for employees who do not meet the requirements of the professional standard.

Step-by-step instructions for implementing professional standards

The process of introducing these documents into an organization goes through the following stages:

Order on the implementation of professional standards

The manager’s order is the starting point in the process of introducing professional standards at the enterprise. There is currently no regulated form for this order. However, this order, like all others, must comply with the general requirements for drawing up local orders:

  1. On the official letterhead of the company, at the top of the sheet, there should be the name of the document and the title. Thus, the form must indicate: “Order on the introduction of professional standards.”
  2. In the introductory part of the document, it is necessary to display the legal framework that became the basis for the introduction of such documents.
  3. The main text represents the will of the manager. In particular, it is necessary to formulate an order on the creation of a specialized commission. It is required to provide a complete list of commission members, their names and positions.
  4. Next, a provision is written in accordance with which the plan for introducing professional standards is approved.
  5. If necessary, the manager also orders the formation of an attestation commission.
  6. The final part of the main text is the designation of the person responsible for the execution of the order.
  7. At the end, the manager certifies the order with his signature.

Upon completion of the order, it must be recorded in the Order Journal. There, the document is given a personal number and the date of its execution is indicated.

All persons specified in the order must be familiarized with the text of the document against receipt.

Nuances that accompany the introduction of professional standards in organizations

With new legislation, there are always many questions. Let's consider the most common problematic aspects of introducing professional standards at an enterprise.

Thus, a common nuance is the issue of discrepancy between the name of a specific position in practical activities and its name in the professional standard. You can solve this problem using the following options:

  1. Make a corresponding request to the local branch of the Ministry of Labor of the Russian Federation, asking for recommendations on this issue.
  2. Apply the provisions of the document in situations where this is not contrary to the law. For example, if a company employee is scheduled to take early retirement leave, then government agencies will review qualification reference books. This means that the use of the provisions of the professional standard before the registration of a pension should not contradict the information from the directory.

Also a pressing issue is dismissal due to an employee’s non-compliance with the requirements of the professional standard. So, before dismissal, the manager must provide the following options:

  1. Providing an employee with an easier position.
  2. Referral to advanced training courses. For example, doctors confirm the relevance of their knowledge every five years.

At the same time, it is possible to dismiss an employee in these circumstances only upon the fact of conduct, as well as his consent to dismissal if he does not want to move to another job or receive additional education.

Among other things, if the head of a company does not implement professional standards where such a need is established by law, the company is subject to liability.

In particular, the provisions of Art. 5/27 Code of Administrative Offenses of the Russian Federation:

  1. The fine for officials will range from 1,000 to 5,000 rubles.
  2. The fine for private entrepreneurs will also range from 1,000 to 5,000 rubles.
  3. The fine for companies is more serious - from 30,000 to 50,000 rubles.

If a primary violation is detected, a fine is not strictly mandatory. It is legal to issue a warning. In case of repeated violation, the manager will inevitably face a fine.

Thus, the introduction of professional standards is a necessary procedure that has many nuances. To successfully resolve them, it is strongly recommended to study the legal basis of this issue, and also, if possible, get advice from an employee of the Ministry of Labor of the Russian Federation.

MAGAZINE "PERSONNEL AFFAIRS"

No. 6, June 2016

Professional standards: what to do by July 1 to avoid fines

Anna VASENINA, publisher of the magazine “Personnel Affairs”, member of the Council for Professional Qualifications in the Field of Personnel Management of the National Council under the President of the Russian Federation for Professional Qualifications

Read in the article:

    How to find out for which positions professional standards are required

    How to rename positions and make changes to employment contracts

    How to develop a work plan based on the results of the implementation of professional standards

Why all the fuss?

From July 1, 2016, Article 195.3 of the Labor Code on the procedure for applying professional standards comes into force (Law of May 2, 2015 No. 122-FZ). Until this time, you need to create a working group and find out which professional standards are mandatory for you and which are not. If the company has positions for which standards are mandatory, move on to implementation. If there are no such positions, decide whether to apply professional standards or not. What exactly should you do to calmly leave work on the evening of June 30 and not worry about fines? Arm yourself with a cheat sheet. Let us analyze the employer’s actions step by step and explain them with examples.

What does it mean to apply professional standards?

Applying professional standards means taking their requirements into account when hiring, developing local regulations, certifying and training employees. The law does not provide specific guidance in this regard. Employers determine the procedure independently (Article 8 of the Labor Code of the Russian Federation). Professional standards can be introduced gradually, but before July 1 of this year, carry out a number of events.

Step 1: Create a working group

So, the management of your company has decided to determine job titles and qualification requirements for employees taking into account professional standards. Moreover, the released professional standards will be implemented for all positions, and not just for those for which they are mandatory.

They entrust the implementation of professional standards to a special working group. Issue an order, determine the composition and powers of the members of the working group, and appoint a leader. A sample order is posted below. Include competent employees from structural divisions, personnel services, accounting, and legal departments in the group. Familiarize the interested employees with the order against signature.


Download and print the sample

Stage 2. Develop and approve a work plan for the implementation of professional standards in the organization

The working group is drawing up a plan for the implementation of professional standards. Fix in it the directions of work, deadlines for their completion, responsible persons, and criteria for achieving results. A sample plan is posted below.


Download and print the sample

Responsibility for non-application of professional standards

If professional standards are mandatory, but you do not apply them, the GIT will hold you accountable. The punishment may be (part one of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):
- warning;
– a fine for officials in the amount of 1,000 to 5,000 rubles, for legal entities – from 30,000 to 50,000 rubles.
Professional standards are mandatory in two cases:
– if the position provides compensation, benefits or restrictions (paragraph 3, part two, article 57 of the Labor Code of the Russian Federation);
– if the legislation establishes mandatory requirements for the qualifications of an employee (Article 195.3 of the Labor Code of the Russian Federation).
On the administrative responsibility of the employer read the article “When an employer can be held administratively liable.”

Stage 3. Implement the activities provided for in the plan

At the next stage, proceed to the implementation of the activities provided for in the plan. Let's explain each step.

Step 1. Find out for which positions professional standards are required

All employers must apply professional standards in two cases. Firstly, when a specific position provides compensation and benefits or restrictions. In such a situation, the names of positions, professions, specialties and qualification requirements must comply with professional standards or qualification reference books (part two of Article 57 of the Labor Code of the Russian Federation). If the names of positions and professions are contained in both reference books and professional standards, the employer himself chooses what to follow. The exception is when the law directly states what to apply.

Example

Work in the profession of “track fitter” in the metro is included in the length of service, which gives the right to early retirement (Resolution of the Government of the Russian Federation of July 16, 2014 No. 665, List No. 2, approved by Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10). The profession is in ETKS No. 52, approved by order of the Ministry of Labor of Russia dated February 18, 2013 No. 68n. The professional standard “Track Fitter” was approved by order of the Ministry of Labor of Russia dated February 24, 2015 No. 111n. The name of the profession and qualification requirements for the employee must comply with the ETKS or professional standard. The employer can choose what to apply. The law does not specify this.

Secondly, when a federal law or other regulatory legal acts of the Russian Federation establish qualification requirements (part one of Article 195.3 of the Labor Code of the Russian Federation, as amended on July 1, 2016). Other acts mean resolutions, orders of the Government of the Russian Federation, orders of federal authorities. For example, orders of the Ministry of Transport of Russia, etc. Orders of the Ministry of Labor of Russia, which approved professional standards, do not apply to such standards.

Example

An internal audit specialist must have a qualification certificate and higher education (Article 4, 11 of the Law of December 30, 2008 No. 307-FZ). The employer can clarify the qualification characteristics in the professional standard “Internal Auditor”. It stipulates that the employee must have a higher education (bachelor’s degree) and additional professional education in the field of internal audit (Order of the Ministry of Labor of Russia dated June 24, 2015 No. 398n).

Find out which professional standards have already been released. The register of professional standards is available at the link: profstandart.rosmintrud.ru. Then determine for which positions available in your company professional standards are required. Make a list of such positions. See the table below for an example list.

Positions, professions and specialties for which professional standards or qualification reference books are required

Position, profession, specialty

Limitations/compensations and benefits

Base

Reinforcement workers, concrete workers, dump truck drivers, stokers of ships operating on liquid fuel, electric locomotive drivers, shift supervisors of turbine shops, coiners, electric and gas welders, etc.

Early retirement pension

Article 27 of the Federal Law of December 17, 2001 No. 173-FZ, Art.

30 Federal Law of December 28, 2013 No. 400-FZ

Flight attendants, flight engineers, pilot observers, pilots, navigators, and other aviation personnel specialists

Drivers of vehicles

They are not allowed to drive transport if there are signs of certain diseases, consumption of alcohol, drugs, illegal drugs, hangover, fatigue

Dentists, epidemiologists, orderlies of X-ray, fluorography rooms and installations and other categories of medical workers

Reduced working hours, additional annual paid leave

Article 350 of the Labor Code of the Russian Federation

Rectors (vice-rectors), heads of a branch (institute) of a state (municipal) university

Contracts cannot be concluded with persons over 65 years of age

Director of a school, lyceum, gymnasium, deputy director, nursery teacher, industrial training master, speech therapist, teacher-psychologist, etc.

Shortened working hours, early old-age pension, extended basic annual paid leave, long leave of up to one year every 10 years of continuous teaching work

Also make a list of accepted professional standards for all types of activities that exist in the organization. A sample is posted below.


Download and print the sample

Step 2. Check the names of positions in the staffing table with professional standards and qualification directories

Important material: “How to work with professional standards?” (thematic supplement to No. 3, 2016)

Compare the job titles in the staffing table with those indicated in professional standards and qualification reference books. If it is not clear which professional standard corresponds to the position, pay attention to the column “The main purpose of the type of professional activity.” Compare the main goal of the profession according to the professional standard with the goal of working for the position in your organization. Then look at the “Occupation Group” column in the general information section. This way you will select the right professional standard for a specific position.

Example

There is a position of HR consultant in the HR department of Gorod LLC. The working group found out that he analyzes the labor market and creates requirements for vacancies. We studied the professional standards of a human resource management specialist and a recruiter. We compared the goals of the professions and came to the conclusion that the professional standard “Human Resources Management Specialist” (Order of the Ministry of Labor of Russia dated October 6, 2015 No. 691n) is more suitable for the position.

Record any discrepancies in the minutes of the working group meeting, indicate which positions need to be renamed and which ones should remain unchanged. A sample protocol is posted below.


Download and print the sample

The employer can introduce new positions into the staffing table or rename vacant ones at any time. If we are talking about renaming a occupied position, first obtain the employee’s consent and enter into an additional agreement with him or her to the employment contract.

Step 3. Check whether the qualifications of workers meet professional standards

Find in the professional standard you are analyzing section III “Characteristics of generalized labor functions.” Study the blocks: “Qualification level”, “Education and training requirements”, “Practical work experience requirements”, “Special conditions for admission to work”. This way you will determine the qualification requirements for the employee. Enter any discrepancies into the same protocol that we discussed in step 2.

If an employee's qualifications do not meet the professional standard, he cannot be fired. The law does not provide such grounds for dismissal. Consider training the employee to bring his knowledge up to the requirements of the professional standard (see step 5).

Example

The manager's secretary must have a higher education (bachelor's degree) or secondary vocational education, additional vocational education. Requirements for practical work experience are at least two years with secondary vocational education (Order of the Ministry of Labor of Russia dated May 6, 2015 No. 276n). At Luna LLC, the director's secretary has a secondary general education and has worked in the position for two years. An employer has the right, but not the obligation, to train an employee.

Step 4. Check whether employment contracts and job descriptions comply with professional standards

Analyze employment contracts and job descriptions. Compare job titles, qualifications and job responsibilities. Enter any discrepancies into the same protocol that we discussed in step 2.

Step 5. Conduct outreach to employees

To prevent the transition to professional standards from causing a negative reaction, inform the team about it and create a positive attitude among employees. To do this, hold meetings, meetings or publish information on the corporate website. Explain that the changes will not automatically lead to changes in job responsibilities, pay conditions, or layoffs.

Step 6. Rename positions, make changes to employment contracts

There is no such procedure in the Labor Code as renaming a position. If we interpret the law literally, then any change in job title will be a transfer. After all, it means a change in the employee’s labor function, which is understood as working according to the position according to the staffing table (paragraph 3, part two, article 57, article 72.1 of the Labor Code of the Russian Federation). Transfer is a safe way to rename a position.

At the same time, there is a position that a transfer does not occur if the content of the employee’s work remains the same. The labor function refers to the responsibilities of the employee. Therefore, you can conclude an agreement with him not on the transfer, but on the renaming of the position (sample below).


Download and print the sample

Conclude an additional agreement in any case, since the terms of the employee’s employment contract change (Article 72 of the Labor Code of the Russian Federation). Then issue an order for transfer or renaming of the position, make a corresponding entry in the work book and personal card. Read more about this in the articles “Lesson No. 3. We formalize the transfer of an employee to another position” and “We change the name of the position in connection with the adopted professional standard.”

An employee has the right to refuse to transfer or rename a position. If the employee does not agree to the transfer, then he continues to work in the same position. The employer does not have the right to unilaterally transfer an employee.

If the employee refuses to rename the position, the employer may apply Article 74 of the Labor Code. The employee is notified in writing of changes in the terms of the employment contract no later than two months in advance. If he refuses to continue working and transfer to another suitable job, the employment contract is terminated under paragraph 7 of part one of Article 77 of the Labor Code. The admissibility of this approach is confirmed by judicial practice (appeal ruling of the Supreme Court of the Komi Republic dated July 22, 2013 in case No. 33-3857/2013).

How to make changes to job descriptions, read the article “How to update job descriptions taking into account professional standards.”

Do not include new job responsibilities in personnel documents as carbon copies. Consider the challenges facing the organization and specific employees. For example, if the company does not have corporate social programs, do not include a clause on their development in the job description of a HR specialist.

Step 7. Make changes to the staffing table

You can change the staffing table in two ways:

– approve a new document;
– issue an order to make changes to the current staffing.

If the adjustments are small, make the changes by order (sample below). When large-scale changes are planned, it is more convenient to approve a new “staff”. Draw up an order for making changes in any form. In it, indicate the reasons and essence of the adjustments, the date of implementation. Familiarize the order with the responsible executors.


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Step 8. Prepare draft amendments to local acts

If you decide to take professional standards into account when determining employee qualification requirements, reflect this in internal documents. The changes will affect regulations on structural divisions and job descriptions, local acts on selection, remuneration, certification and training of personnel.

In the regulations on structural divisions and job descriptions, specify the qualification requirements and job responsibilities for positions in accordance with professional standards. In your recruitment policy, specify that professional standards are taken into account when advertising vacancies, conducting interviews, and selecting candidates.

In local acts on remuneration and bonuses, build a remuneration system taking into account the qualification levels specified in professional standards. We will tell you how to do this using examples in the following issues.

If you do not have positions for which professional standards are mandatory, record this in the minutes of the working group. Other events may not be held.

To assess the level of qualifications of employees, you will need to conduct certification. Reflect in the certification regulations that the skills of workers will be assessed taking into account professional standards. If you want to bring the education of employees up to the requirements of the standards, add to the training provision and adjust the training plan. This can be done later, at step 5.

Stage 4. Summarize the work group's activities

Compile a performance report and present it to the CEO for approval (sample below). In the report, indicate what measures to take against employees (by name), and give general recommendations.


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Stage 5. Develop and approve a work plan based on the results of the implementation of professional standards

Based on the results of implementing professional standards, develop a plan for further activities. Organize certification and send employees to training.

In cases provided for by law, the employer is obliged to organize training (part four of Article 196 of the Labor Code of the Russian Federation). Thus, doctors are sent for advanced training every five years. If this is not done, the company faces administrative liability (Articles 14.1, 19.20 of the Code of Administrative Offenses of the Russian Federation). In other cases, employers themselves determine their need for staff training.

The conditions for professional training, retraining and advanced training are fixed in an agreement, collective or employment contract. The HR service collects information from heads of departments and draws up a training plan. The general director approves the plan. See sample below.


Download and print the sample

Visual cheat sheet: how to implement professional standards

The employer has the right to compare the professional competencies of employees with the requirements of professional standards and make changes to the training plan. Read more about this in issue No. 5, 2016.

Normative base

Document

Will help you

Understand what a professional standard is

Order of the Ministry of Labor of Russia dated April 12, 2013 No. 147n “On approval of the Layout of the Professional Standard

Find out what structure the professional standard has

Read the explanations of the Russian Ministry of Labor on the application of professional standards

Important Takeaways

1. Before July 1, 2016, create a working group and find out whether there are positions in the company for which professional standards are mandatory. If they exist, implement the standards.
2. Make the necessary changes to employment contracts and job descriptions of employees, staffing schedules, and local regulations.
3. If you do not have positions for which professional standards are mandatory, record this in the minutes. Other events may not be held.

Additional articles from magazines

    How to introduce professional standards into the work of an organization: a step-by-step algorithm, “Personnel Affairs” No. 6, 2016;

    Professional standards: what to do by July 1 to avoid fines, “Personnel Affairs” No. 6, 2016;

    How to update job descriptions taking into account professional standards, “Personnel Affairs” No. 6, 2016;

    How to train personnel officers so that they meet professional standards?, “Personnel Affairs” No. 6, 2016;

    How will professional standards affect labor relations?, “Personnel Affairs” No. 5, 2016;

    How to apply professional standards at work?, “Personnel Affairs” No. 5, 2016;

    The job title does not correspond to the professional standard: what to do, “Personnel Affairs” No. 4, 2016;

    How to prepare for the transition to professional standards, “Personnel Affairs” No. 2, 2016;

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The procedure for introducing professional standards into an organization is a rather labor-intensive and lengthy process that includes many separate stages. At the same time, the implementation of each of them also contains many nuances and features that must be taken into account. Let us dwell on the most important points that an employer must take into account in his work.

Where to begin

The first thing you need to start with in the implementation of professional standards is with creating a working group (commission), which will be engaged in this work, as well as with the search and selection of the necessary professional standards. This selection is carried out by monitoring and selecting professional standards that are suitable for your organization.

Please note: it is recommended that any action of the commission be documented in an act, and any decision on a particular issue - in a protocol. Accordingly, for example, it is recommended to formalize the result of work on searching for professional standards in an arbitrary act, which indicates those professional standards on which further work will be carried out.

It is worth noting that the law does not limit the employer in drawing up documents that he considers necessary to draw up in the process of implementing professional standards. For example, for convenience you can publish order on the implementation of professional standards in the organization, setting out a list of standards to be applied.

Job titles/professions

As noted earlier, the introduction of professional standards is a step-by-step process. And separately, it is necessary to pay attention to the main risk areas that may arise if professional standards are incorrectly applied. In this regard, it is especially necessary to emphasize such a stage as checking names of positions (professions).

Let us remind you that Art. 57 of the Labor Code of the Russian Federation determines the mandatory requirements for the content of an employment contract. At the same time, failure to comply with these requirements will create a threat of bringing employers to administrative liability under Part 3 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, where the imposition of a fine on an organization is expected in the amount of 50,000 to 100,000 rubles. Moreover, liability, as noted above, can arise for each incorrectly drawn up employment contract, as a result of which the fine can amount to millions. Therefore, it is very important to comply with the requirements that the Labor Code of the Russian Federation imposes on an employment contract.

So, according to Part 2 of Art. 57 of the Labor Code of the Russian Federation, one of the mandatory conditions of an employment contract is the condition on the labor function. A labor function is work in a position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work assigned to the employee. At the same time, this article imposes requirements for the name of the position (profession). Thus, if the Labor Code of the Russian Federation or other federal laws establish restrictions or benefits (compensations) for a certain profession or position, then such a profession or position must be named in accordance with the requirements of professional standards. Therefore, it is extremely important to understand whether such features exist in federal legislation for the position (profession) in question. If benefits or restrictions are established, it is necessary to make sure that the names of these positions (professions) correspond to those naming options that a specific professional standard requires for a certain position (profession).

If deviations are identified during such work, they certainly need to be eliminated. This can be done in several ways, the simplest of which is to transfer the employee to a newly introduced position (profession) with the “correct” name, and after the transfer, eliminate the “unnecessary” position (profession). There are other ways to “rename” a position (profession). However, in all cases it is necessary to be guided by the norms of current labor legislation.

Employee qualification

Another risk area when working with professional standards is their requirements regarding the qualifications of the employee. On July 1, 2016, Art. 195.3. In fact, it says that all employers are required to apply professional standards in terms of qualification requirements.

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Marianna Shilova, General Counsel, Center for Economic Services

I would like to emphasize that the opinions of specialists regarding the mandatory application of professional standards from 07/01/2016 differed. All experts agree that the standards are mandatory in the part that imposes requirements on the qualifications of workers (Part 1 of Article 195.3 of the Labor Code of the Russian Federation). Employers can apply the remaining provisions of professional standards at their own discretion (for example, when developing job or work instructions) taking into account the specifics of the organization’s activities. But opinions vary as to who exactly the qualification requirements are mandatory for. The stumbling block was Art. 195.3 of the Labor Code of the Russian Federation, which states that if the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation establish qualification requirements, then professional standards in terms of these requirements are mandatory for use by employers.

In this regard, some believe that professional standards are mandatory only for certain categories of workers for whom this is directly stated in the law (for example, for teaching staff or workers engaged in underground work). Others believe that the professional standards approved by the Ministry of Labor of the Russian Federation are regulatory legal acts in themselves and, therefore, must be followed by all employers.

Whether or not to agree with the latter point of view is up to each employer; unfortunately, there is still no official clarification or judicial practice on this issue. But if you want to eliminate negative consequences, then it is better to start a gradual transition to taking into account the requirements of professional standards. After all, fines under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation are not small at all. Moreover, taking into account the trend emerging in judicial practice to hold the employer accountable for each individual offense for each individual employee, the fine can amount to significant amounts (see, for example, Resolution of the Supreme Court of the Russian Federation dated August 15, 2014 No. 60-AD14-12) .

A professional standard, depending on what position or profession it describes, imposes a number of requirements for education, work experience, skills and abilities that an employee must have in order to occupy the described position. Accordingly, when working to implement professional standards, it is also necessary to compare the qualification characteristics specified in the professional standard with the qualifications that employees have today.

At the same time, as we said above, it is recommended to document each action in order to simplify further work. Relatively speaking, we carried out a procedure for comparing the level of education according to the professional standard with the level of education of workers - we prepared a report on the results of work. And such acts are recommended to be drawn up at each reconciliation (of experience, abilities, skills) for further decision-making to eliminate such shortcomings (if any).

Approval of additional LNAs

Also, to regulate the implementation of professional standards, a number of local regulations can be developed and approved, which will regulate the implementation procedure in detail. By adopting a local regulatory act, it is possible to regulate the elimination of identified violations of the requirements of professional standards, in particular:

  • procedure, terms, schedule for sending employees to vocational training;
  • the procedure for assessing and certifying employees;
  • the procedure for registering combinations, part-time jobs, expanding service areas, increasing the volume of work;
  • procedure for making changes and additions to personnel documents (if necessary).

However, it should be remembered that the content of such LNA should not in any way contradict the norms established by labor legislation, other regulatory legal acts containing labor law norms, collective agreements, agreements, and worsen the position of the employee in comparison with them.

Making changes to personnel documents

We will also touch upon such an issue as the preparation of personnel documents in the organization, taking into account the requirements of professional standards. In practice, when implementing the requirements of professional standards, employers usually have to change (or supplement) a document such as job description (or job description). This instruction is not a mandatory document in the organization. Nevertheless, in most cases, it is this document that specifies the employee’s labor function, and also describes the requirements that are presented to the employee in terms of education, work experience, necessary knowledge, skills, etc.

According to Art. 195.3 of the Labor Code of the Russian Federation (which came into force on July 1, 2016), professional standards must be used as the basis for determining the qualifications of workers. In other words, the qualification requirements specified in the professional standard are the minimum that the employer must comply with. From this we can conclude that if the employer’s documents set requirements for employees lower than the professional standard, it is recommended to change such documents and increase the requirements to the appropriate level.

As noted earlier, usually such a document is a job description (instructions for the profession). However, the difficulty of making changes to it will depend on how it was originally designed.

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Albert Gimatdinov, leading legal consultant of the audit company MKPTs

The procedure for making changes (and additions) to job descriptions (professional instructions) of employees depends on how the instructions were approved.

If, as a result, it was formalized as an annex to the employment contract (became an integral part of it), then the introduction of changes (and additions) must be formalized by an additional agreement to the employment contract in accordance with Art. 72 Labor Code of the Russian Federation. The employer has the right to offer the employee to make changes (additions) to the employment contract. The conclusion of such an additional agreement is possible only with the consent of the employee.

If the instruction was not an annex to the employment contract, but was approved as a separate document, then it will need to be approved in a new edition. It is worth noting that if, when changing the instructions, the employee’s labor function is changed, then approving the new edition without the employee’s consent will be pointless: according to the general rules, changing the employee’s labor function is possible only with his written consent (Articles 72, 72.1, 74 of the Labor Code of the Russian Federation).

We would like to add that a similar procedure for making changes to the instructions is given in the letter of Rostrud dated October 31, 2007 No. 4412-6.

In conclusion, let us explain that the above work should be carried out in relation to those professions and positions for which professional standards have already been adopted, since until the next professional standard is approved, the employer does not have an obligation to apply it. Therefore, an important stage of implementation is monitoring of newly adopted professional standards. When “new” standards are identified, they must be taken into account, analyzed and, if applied in your organization, implemented in the prescribed manner.