Mandatory professional standards - when necessary. Professional standards will become mandatory in some cases

This article will be of interest to HR managers, HR managers during the transition to professional standards. Since it is necessary to make changes in all personnel documents starting with the staff list and ending with the employee's work book. We used this algorithm in our organization. Wish you success!

From July 1, 2016, employers will be required to apply professional standards if the requirements for the qualifications that an employee needs to perform a certain job function are established by the Labor Code, federal laws or other regulatory legal acts (Federal Law of May 2, 2015 No. 122-FZ ). For other employees, professional standards are advisory in nature.

What you will learn from this article:

What is a professional standard
For whom professional standards are required
How to prepare for the transition to professional standards
Do your employees meet the requirements of the professional standard?
How to apply professional standards

Employers, guided by the professional standard, can make changes to job descriptions, staffing, revise local acts (clause 25 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23).

A professional standard is a characteristic of the qualifications an employee needs to carry out a certain type of work. professional activity. This definition is given by Part 2 of Article 195.1 of the Labor Code. The professional standard is a new concept introduced into the Labor Code only at the end of 2012. The need to introduce professional standards was due to the fact that the characteristics of the positions contained in the Unified Qualification Handbooks did not even correspond to the current situation on the labor market.

The description of the requirements for a specialist in professional standards is complex. It uses more modern designs in the form of a combination of requirements for knowledge, skills, professional skills and work experience. These features of professional standards make them the main elements of the national qualifications system, linking the world of work and the field of vocational education.

Where professional standards are applied:

when forming personnel policy;
in personnel management;
when organizing training and certification of employees;
when developing job descriptions, when charging for work, assigning tariff categories to employees;
when establishing wage systems, taking into account the peculiarities of the organization of production, labor and management (subparagraph “a”, paragraph 25 of the Rules).

The rules for the development, approval and application of professional standards were approved by the Decree of the Government of Russia dated January 22, 2013 No. 23.

For whom will professional standards become mandatory in 2016?

Initially, it was planned to make professional standards mandatory for use in state and municipal organizations.

This draft law on the application of professional standards was submitted to the State Duma of Russia a year ago - in May 2014. However, in the process of discussion, the text of the draft law on professional standards was changed. Read more in the electronic journal: "Professional standards for personnel officers: are they mandatory?". So, from July 1, 2016, a new article of the Labor Code - 195.3 - comes into force. It defines the application of professional standards.

The new rules establish situations when the application of professional standards becomes mandatory for employers. So, if the Labor Code, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements become mandatory for employers to apply (Article 195.3 of the Labor Code of the Russian Federation as amended by the current since July 1, 2015).

Thus, in order for the professional standard to become mandatory for use by the employer, it is necessary that the requirements for the qualifications necessary for the employee be established by the Labor Code, other federal laws, and other regulatory legal acts. Russian Federation. For example, persons hired for underground work must meet the qualification requirements established by an occupational standard (or qualifications handbook).

Such a rule is provided for in Part 1 of Article 330.2 of the Labor Code. Accordingly, the application by the employer of a professional standard (or qualification handbook) in this situation is mandatory. Note! There is a point of view according to which, from July 1, 2016, all employers in without fail professional standards must be applied.

Supporters of this position justify their conclusion as follows: under the new rules, professional standards are mandatory for employers to apply if the Labor Code, federal law or other regulatory legal act establishes qualification requirements. The professional standard itself is approved by order of the Ministry of Labor of Russia, and this is a legal act. Accordingly, if there is such a legal act, then it is mandatory to apply it. In our opinion, this position does not comply with the law and the principle of introducing professional standards.

The necessary qualification requirements should be established by a third-party regulatory legal act, and not by the professional standard itself. Otherwise, there is no legal logic and part 2 of Article 195.3 of the Labor Code (as amended from July 1, 2016), which establishes the procedure for the application of professional standards by employers in respect of which the principle of obligation has not been introduced, loses its meaning.

Employers for whom the obligation to apply professional standards will not be established will use the characteristics of qualifications contained in professional standards as the basis for determining the requirements for qualifications of employees, taking into account the specifics of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor.

In other words, employers will apply professional standards taking into account their own specifics of activity, they can take into account certain provisions of professional standards. We also note that the legislator, having decided on the application of professional standards, did not determine the methodology for their implementation. In this regard, many questions of employers remain unanswered. This is a matter of serious concern to the professional community.

In particular, the Russian Union of Industrialists and Entrepreneurs (RSPP) is taking the initiative to postpone the entry into force of the new provisions of the Labor Code on occupational standards until the mechanism for employers to apply occupational standards is determined.

How to prepare for the transition to professional standards

We will analyze together how to form a working group and develop a plan for the implementation of professional standards, how to correlate a professional standard with a specific position, how to check whether employees meet professional standards.

From July 1, 2016, amendments to the Labor Code (Federal Law No. 122-FZ of May 2, 2015) will come into force. From now on, professional standards will become mandatory for certain types of activities (Article 195.3 of the Labor Code of the Russian Federation, from July 1, 2016). Many employers are puzzled by the question of how to prepare for the transition to professional standards. The Ministry of Labor of Russia was ordered to approve guidelines on the application of professional standards, however, such recommendations have not yet been published. In 2015, professional standards were tested for efficiency in 18 state-owned companies. Taking into account their experience, we will analyze how to start work on the introduction of professional standards in the organization.

It is not possible for one employee to introduce professional standards in an organization. The best option- form a working group and instruct it to develop an action plan for the transition to professional standards. To do this, the leader issues an order in any form, in which he prescribes the composition of the working group.

It is desirable that the working group includes representatives of key structural divisions, necessarily from the department of personnel management, legal and economic planning departments, accounting. They will have to refer to professional standards in their daily work.

Who makes professional standards:

associations of employers;
employers;
professional communities;
self-regulating organizations;
other non-profit organizations with the participation of educational organizations of vocational education and other interested organizations Compile detailed plan transition to professional standards.

Break it down into tasks that can be tracked. Write what needs to be done, by what date (interim deadlines by which the contractor must submit part of the work or a draft document), indicate those responsible (a separate working group implementing the plan item), etc. (sample below).

The plan is approved by the head of the organization or working group (depending on the delegated authority). After that, the executing employees get acquainted with the plan for signature.

The first thing the working group has to do is to find out what professional standards have come out and whether you have such types of professional activities. To understand whether professional standards concern your organization, put the staff list before your eyes, think about why this or that position is needed, for what it was created. Then open several professional standards that may be suitable for specific positions, and find at the beginning of each of the documents the column “The main goal of the type of professional activity” (Professional standard layout approved by order of the Ministry of Labor of Russia dated April 12, 2013 No. 147n).

Compare the main goal of the profession according to the standard with the goal of the position in your organization. When making a selection of standards, also pay attention to the column “Occupation group” in the general information section. This column can serve as an additional hint (but by no means the main one). So you will select the right standard for a particular position. Prepare a report on the results of work at this stage (sample below). Report on the results of work on the implementation of professional standards Download a sample It may be that you will not find the position (profession) of the employee in the text of the professional standard.

Don't make the common mistake of thinking that this particular position is not covered by the standard. The name of the professional standard is not the name of the position. The professional standard is developed not for the position or profession, but for the type of professional activity. The type of professional activity is a set of generalized labor functions that have a similar nature, results and working conditions (clause 2 of the Methodological Recommendations approved by order of the Ministry of Labor of Russia No. 170n).

Decide which positions should be renamed.

If the organization has types of professional activities for which the standards have been released, check how the existing system of work for the existing position corresponds to the data of the standard. Pay attention to the name of the position, the content of the labor function prescribed in the employment contracts of employees or job descriptions (paragraph 3, part two, article 57 of the Labor Code of the Russian Federation).

Help Professional standards for specialists in the field of personnel management, which are under development:

Staff development and training specialist
HR Specialist
Labor relations specialist
Specialist in the field of settlement of labor conflicts (social policy)
Organizational Development Specialist
Compensation and Benefits Specialist
Labor migration specialist
Specialist in social policy and labor relations

If work in a certain position, profession, specialty gives the employee the right to compensation, benefits, or is associated with restrictions, then in employment contract the title of the position must be indicated in the same way as it is given in the professional standard or in the qualification reference books (paragraph 3, part two, article 57, part three, article 195.1 of the Labor Code of the Russian Federation).

There are discrepancies in the texts of the professional standard and the classification handbook. The position proposed in the professional standard may not coincide with the position in the list of hazardous professions that give the right to a preferential pension. The identity of the names of such positions should be established by the Government of the Russian Federation, but this has not yet been done.

In case of a dispute about how to name the position, we recommend discussing this issue at a meeting of the working group on the implementation of professional standards. The decision is to be documented. When checking, the protocol will help to justify why the name of the position does not match the one proposed in the professional standard. Such a procedure will make it possible to insure against risks not only in case of claims from inspection bodies, but also in case of labor conflicts with employees.

Example:

The collective agreement of Energo LLC stipulates that the requirements of professional standards are mandatory for application in the organization from July 1, 2016. The company created a working group that developed an action plan for the transition to professional standards. When we checked the names of positions and professions in the staff list and in professional standards, we found a discrepancy. In the staffing table, the position of "Occupational Safety Engineer" is recorded.

This name is not provided for by the relevant professional standard as a possible one (section III of the professional standard "Specialist in the field of labor protection", approved by order of the Ministry of Labor of Russia dated August 4, 2014 No. 524n). Draft orders were drawn up: on making changes to the staffing table from July 1, 2016, on the transfer. The labor protection engineer was notified in writing of the transfer to the position of labor protection specialist from July 1, 2016.

Check if employees meet the requirements of the professional standard

The professional standard is a detailed list of requirements for education, work experience, knowledge and skills for different skill levels of a specialist. For example, it is enough for a HR director to have a higher economic education, at least one certificate of advanced training and experience practical work in the field of personnel management leadership positions at least five years.

Such requirements are established according to the generalized labor function 3.8, which is included in the professional standard "Specialist in personnel management", approved by order of the Ministry of Labor of Russia dated October 6, 2015 No. 691n. It is important to know: "How to check an employee for compliance with the requirements of the professional standard." Check whether the working employees meet the basic requirements of the adopted standard, whether they have enough experience and education (if such requirements are in the standard itself).

If the qualifications of an employee do not reach the criteria prescribed in the standard, he can be offered a transfer to another suitable job or send for training. Training can be paid by the employer or employee. The organization itself determines whether it needs to train an employee at its own expense (part one, article 196 of the Labor Code of the Russian Federation). The training procedure can be fixed in a collective agreement, an employment contract or an additional agreement to it, in a student agreement (part two of article 196, 199 of the Labor Code of the Russian Federation).

Depending on the type of training, the organization is obliged to provide the employee with certain guarantees and compensations (Article 196 of the Labor Code of the Russian Federation). For example, when an employee is sent to advanced training courses with a break from work, he retains his main place of work and average earnings(Article 187 of the Labor Code of the Russian Federation). Example Marta LLC transferred 10,000 rubles to the university. for training employee Roman S.

One of the clauses of the training agreement states that an employee who has received education at the expense of the organization undertakes to work for the company for the next two years after graduation. The law allows you to include in labor, student contracts a clause on mandatory working off (part four of article 57, article 199 of the Labor Code of the Russian Federation). This condition to a certain extent guarantees that an employee who has improved his qualifications at the expense of the employer will not quit immediately. If this happens, the organization will be able to compensate for the costs incurred, calculated in proportion to the time actually not worked after graduation (Article 249 of the Labor Code of the Russian Federation).

The time limit must be reasonable. In some cases, organizations are required to provide training or additional professional education employees (part four of article 196 of the Labor Code of the Russian Federation). For example, an employer provides vocational training, retraining and advanced training of medical and pharmaceutical workers (clause 2, part 1, article 72 of the Federal Law of November 21, 2011 No. 323-FZ). Refresher qualifications of physicians every five years is one of the licensing requirements for an employer who conducts medical activity(subparagraph “d”, paragraph 5 of the Regulation, approved by the Decree of the Government of the Russian Federation of April 16, 2012 No. 291).

Additional vocational education for civil servants, etc., is also mandatory (clause 6, part 1, article 15 of the Federal Law of July 27, 2004 No. 79-FZ). Important article: "Professional standards: how to organize work after their approval." Once you have identified the training and development needs of your employees, draft a staff training plan for this year and approve it from the head of the organization. Indicate in the plan: Full name and positions of employees, what kind of training (retraining) they need and why, the term, dates and format of educational events, criteria for choosing a provider. The presence of such a document will be useful for verification.

It confirms that the employer seeks to comply with the law. What are the requirements of the professional standard for personnel officers? Any professional standard contains a description of the labor functions performed in this type of activity, as well as requirements for the knowledge, skills and experience of specialists performing these functions (clause 6 of the Methodological Recommendations approved by order of the Ministry of Labor of Russia dated April 29, 2013 No. 170n). In the first section of the professional standard for a personnel management specialist, the purpose of this type of activity is defined.

He ensures that the personnel management system works effectively and helps to achieve the goals of the organization (section I of the professional standard of the personnel officer). The standard provides for eight basic labor functions (section II of the professional standard of the personnel officer). Each of these areas requires a certain level of qualification, the availability of relevant education, and sometimes practical work experience (table below). Read the full list of HR requirements electronic journal: "Professional standards: the main functions of a personnel officer."

How to apply professional standards

For some employees, professional standards will become mandatory from July 1, 2016 (Federal Law of May 2, 2015 No. 122-FZ). Organizations will be required to apply professional standards if the qualification requirements for an employee are prescribed in a law or other regulatory document.

Example:

In public joint-stock companies, insurance organizations, non-governmental pension funds mandatory for the chief accountant (part 4 of article 7 of the Federal Law of December 6, 2011 No. 402-FZ): higher education(not necessarily by profession); work experience related to accounting, reporting or auditing, at least three years out of the last five calendar years.

If there is no higher education in the field of accounting and auditing, then the experience must be at least five years out of the last seven calendar years; the absence of an unexpunged or outstanding conviction for crimes in the sphere of the economy (section VIII of the Criminal Code of the Russian Federation). Other companies have the right to hire an employee who does not meet the listed requirements (Appeal ruling of the Supreme Court of the Russian Federation dated March 12, 2015 No. APL15-57). The main thing is that the employee copes with his duties. Detailed recommendation: How to apply professional standards.

Please note that if the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the positions must be indicated in accordance with qualification directories or professional standards (paragraph 3, part two, article 57, part three, art. 195.1 of the Labor Code of the Russian Federation).

Useful documents:

Register of professional standards
Comprehensive action plan for the development of professional standards, their independent professional and public expertise and application for 2014-2016
All-Russian classifier of specialties of higher scientific qualification List of professions and specialties of secondary vocational education required for application in the field of implementation of priority areas of modernization and technological development of the economy of the Russian Federation
List of specialties and areas of higher education training corresponding to the priority areas of modernization and technological development of the Russian economy
Collection of normative documents "Formation of the national system of qualifications"
Vocabulary and reference manual "Development and application of professional standards"
Base of experts on the development and discussion of professional standards
Register of Vocational Qualifications Councils
Also, professional standards are taken into account when charging work and assigning tariff categories, when establishing tariff systems for remuneration (part eight, ninth article 143 of the Labor Code of the Russian Federation).

When developing a wage system for employees of state and municipal institutions(part five of article 144 of the Labor Code of the Russian Federation); when hiring for underground work (Article 330.2 of the Labor Code of the Russian Federation). As a rule, personnel officers work in optimal (permissible) working conditions; the law does not establish restrictions on their qualifications. This means that the professional standard of a HR specialist is not yet mandatory. The employer has the right to establish softer requirements for this position than those recommended by the standard.

At the same time, companies have the right to use the provisions of professional standards in the development of job descriptions, recruitment, organization of employee training, personnel certification, etc. (clause 25 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23).

The employer, guided by the professional standard, may approve new job descriptions (including for employees of the personnel management service). If, as a result, the range of duties of the current employee increases, then he must be warned about the changes in advance - at least two months in advance and obtain consent (paragraph 3, part two, article 57, article 72, part two, article 74 of the Labor Code of the Russian Federation) . It is important to consider that it is impossible to dismiss an employee who does not meet the professional standard.

If his level of knowledge is lower, you can offer him to get additional education and select a curriculum. Dismiss an employee for not meeting the new internal regulations organization, can only be based on the results of certification, if it is impossible to transfer it from written consent to another available job. And also in the event that the company does not have vacant positions or places (clause 3 of the first article 81 of the Labor Code of the Russian Federation).

Question

Employees personnel service instructed to urgently prepare a new staffing table, changes to job descriptions and employment contracts, to think over the stages of certification and assessment of personnel in connection with the mandatory professional standards. HR specialists did not plan to do any of this, as they are sure that professional standards are not mandatory for commercial companies.

Are they correct in their reasoning? Are professional standards required for commercial organizations?

Answer

For commercial organizations, professional standards are obligatory only in the case of a direct indication of this in regulatory legal acts.

The Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) provides that professional standards are mandatory for application commercial companies only in the case of a direct indication of this in regulatory legal acts. At the same time, certain provisions of professional standards may well be used in the formation of personnel policy and in personnel management.

Recently, some consultants and companies providing educational services, are trying to convince employers that professional standards are mandatory for everyone without exception. Moreover, company executives are told about the huge responsibility for "violations", and personnel officers - about their professional unsuitability, if the education and professional experience of employees do not meet the requirements of the professional standard "Human Resources Specialist" or "Recruitment Specialist (recruiter)" . These professional standards, we recall, have been applied since November last year.

We will not comment on the ethical side of such actions. What matters is what is true and what is not. Moreover, this should be judged only on the basis of regulatory legal acts.

1. Occupational standards come into force on July 1, 2016. True

On July 1, 2016 Art. 153.3 of the Labor Code of the Russian Federation. It was introduced into the Labor Code of the Russian Federation by Federal Law No. 122-FZ dated May 2, 2015 "On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law "On Education in the Russian Federation"".

2. The requirements of professional standards are mandatory for everyone. Not true

Part 1 Art. 153.3 of the Labor Code of the Russian Federation contains the rule: occupational standards are mandatory for employers to use only if the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function and only in terms of such requirements.

In cases where the requirements for the qualifications necessary for an employee to perform a specific job function are normative document not established, the qualification characteristics specified in the professional standards are optional for use. Employers can use them to determine the requirements for the qualifications of employees, taking into account the characteristics of their work functions and the specifics production processes and working conditions in the company.

3. Everyone, without exception, needs to bring the names of positions in line with professional standards. Not true

Job titles and qualification requirements in employment contracts must comply with professional standards, if, in accordance with the Labor Code of the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in these positions, professions, specialties (paragraph 3, part 2, article 57 of the Labor Code of the Russian Federation ).

As for the organizations of other forms of ownership, for them really can be established additional responsibilities regarding the application of professional standards. The Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may establish the specifics of the application of professional standards in terms of the requirements that are mandatory:

for state off-budget funds of the Russian Federation;
state or municipal institutions;
state or municipal unitary enterprises;
state corporations;
state companies and business companies, more than 50% of the shares (stakes) in the authorized capital of which are in the state or municipal property(Article 4 of Federal Law No. 122-FZ).

From 07/01/2016, the use of professional standards (hereinafter also referred to as professional standards, standards) is mandatory for many institutions. Who is subject to the new requirement? How to work with professional standards? Where can I get up-to-date information on their application and new developments? How to draw up an employment contract or an effective contract?

Employers will apply professional standards in the formation of personnel policy and personnel management, organization of training and certification of employees, development of job descriptions, billing of work, assigning wage categories to employees and establishing wage systems, taking into account the specifics of the organization of production, labor and management. The system of professional standards contributes to the improvement of uniform approaches in the field of qualification requirements to the workers.

Qualification reference books, which still perform the same function, contain partially outdated information: the names of non-existent professions and specialties, irrelevant characteristics, etc.

It is assumed that with the help of professional standards, the employer will be able to better determine the quality of the staff. Also, taking into account the new requirements, local regulatory legal acts will be developed that determine the methods of stimulating employees, certifications will be held for the assignment of qualification categories.

Who needs to apply professional standards?

Employers must apply professional standards if the employee has established qualification requirements for performing a certain labor function (Article 195.3 of the Labor Code of the Russian Federation).

The same article states that such requirements may be established by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation. With federal laws, everything is clear - for example, the requirements for the qualification of a coach are established by the Law on Physical Education and Sports. According to paragraph 24 of Art. 2 of the named law, the coach must have the appropriate secondary vocational or higher education. The requirements for this education are determined on the basis of the provisions of professional standards and sections of the Unified Qualification Handbook.

And in accordance with the requirements of Part 8 of Art. 22 of the Law on Physical Culture and Sports, the Regulation on Sports Classification was developed. The regulation determines the content of the norms, requirements of the sports classification necessary for the assignment of the corresponding sports titles and sports categories, regulates the procedure for awarding titles and categories.

It should be noted that the Regulations on Sports Classification and the Unified Qualification Handbook are not regulatory legal acts of the Russian Federation, since
approved by orders of the Ministry of Sports and the Ministry of Health and Social Development, respectively, that is, this industry NPA. But here is the "original source" - the Law on Physical Education and Sports - federal, so the application of the professional standard is mandatory.

So, qualification requirements that fix the mandatory application of professional standards can be established not only by the Labor Code of the Russian Federation or federal law, but also by other documents. However, other documents must be regulatory legal acts of the Russian Federation (for example, laws of the constituent entities of the Russian Federation that introduce additional qualification requirements are suitable for this requirement, but orders of ministries and departments are not).

What professional standard requirements must be applied?

To get an answer to the question posed, we again carefully study Art. 195.3 of the Labor Code of the Russian Federation. According to part 1 of this article, it is mandatory to apply only qualification requirements. Moreover, this provision applies to situations where qualification requirements are established by law, and situations where there are no such requirements.

Qualification- the level of knowledge, skills, professional skills and work experience of the employee (Article 195.1 of the Labor Code of the Russian Federation). BUT professional standard- this is a characteristic of the qualifications necessary for an employee to carry out a certain type of professional activity (part 1 of article 195.1).

If the requirements for the work function performed by the employee are established, then the professional standard must be applied in terms of these requirements. For example, a specialist who carries out the training process at the sports and health stage (for example, a trainer-teacher), according to approved standard is obliged to have a secondary vocational education in the field of physical culture and sports, and if he has only secondary vocational education, then he needs to be trained in additional professional programs in the field of physical culture and sports, he must not have a ban on teaching, etc.

And in order to be engaged in the preparation of a sports team of a constituent entity of the Russian Federation (by sport, sports discipline), that is, to be a coach of the national team of a constituent entity of the Russian Federation, you will already need a higher education - passing a bachelor's degree program in the field of physical education and sports - also having work experience at least three years in the positions of "trainer", "trainer-teacher", or "senior trainer-teacher", etc. The employee does not meet the listed conditions - he cannot hold the specified position.

Having considered the restrictions for the employee (in terms of the establishment of mandatory requirements by the professional standard), let's move on to the restrictions for the employer. Above the requirements established by the professional standard, the employer does not have the right to raise the bar. If the position of "trainer-teacher" implies the presence of secondary vocational education, then the employer does not have the right to establish the obligatory higher education of candidates for this position. And if there is such a requirement, then the position cannot be called “trainer-teacher”.

The characteristics of the qualifications contained in the professional standard, the mandatory application of which is not established, are used by employers as the basis for determining the requirements for the qualifications of employees, taking into account the characteristics of the labor functions performed by employees, due to the technologies used and the organization of production and labor adopted in the institution (part 2 of article 195.3 TC RF).

Employers may take this provision as a recommendation, however, language that excludes the word “may” should be noted. It would be more correct in such cases to use the professional standard as the basis for determining qualification requirements: it should establish the lower limit of these requirements. For example, if, according to the professional standard, a specialist needs to have work experience of at least three years, then the employer may request work experience of at least five years. But it is unacceptable to establish requirements for work experience, for example, from one year - the employee will not meet the declared skill level.

Leaders budget organizations should take into account the provision h. 1 Article. 4 of Law No. 122-FZ, according to which the Government of the Russian Federation may establish the specifics of the application of professional standards in terms of the requirements that are mandatory for the application of state or municipal institutions.

The Ministry of Labor began to develop such a project on 08/04/2015. At the time of preparing the material for publication, the NLA had been publicly discussed, the document was sent for anti-corruption expertise. It is expected that it will come into force on 01.07.2016.

How to read professional standards?

Occupational standards reveal the professional activities of specialists who are at different qualification levels and are connected by a common task, for example, the management of an organization (division of an organization) operating in the field of physical culture and sports. The relevant professional standard applies to both “simple” positions (“Director for sports work”, “Director sports club”, “Director of a tourist and sports club”, “Head of a climbing station”), and for positions that require very high level qualifications (" CEO(director) of the sports resource center”, “state coach”, “head coach”, etc.).

According to paragraph 6 of the Rules of Professional Standards, the development of a standard is carried out in accordance with its layout.

The layout of each professional standard consists of four parts:

1. General information.

2. Description of labor functions (functional map of the type of professional activity).

3. Characteristics of generalized labor functions.

4. Information about the developers.

General information - acquaintance

AT general information indicated type of professional activity- a set of generalized labor functions that have a similar nature, results and working conditions. For example, for the “Athlete” standard, the type of such activity will be “Activities in the field of sports”, and for the “Sports referee” standard, it will be “Refereeing of a sports competition”. The name of each type of professional activity is selected taking into account OKVED and OKZ.

Here it is indicated the main purpose of the type of professional activity. For example, for the “Athlete” standard, such a goal would be “Preparation for sports competitions and participation in sports competitions in certain sports, sports disciplines”, and for the “Sports Judge” standard - “Ensuring compliance with the rules of the sport and the regulation (regulation) on sports competition during a sports competition.

Count "Occupation Group" includes the name of one or more basic groups of occupations in accordance with the OKZ (which is indicated next to it), and these groups correspond to the generalized labor functions of the professional standard. So, there is only one group of classes for the “Athlete” standard - “athletes”, but for the “Sports referee” standard - “athletes (high-class athletes)” and “sports employees”.

The section provides code and name of one or more species, subgroups or groups economic activity in accordance with OKVED, which include this species professional activity (the code is indicated). So, the standard "Sportsman" has the following types of economic activity: "sports and recreation activities", "additional education for children", "other activities in the field of sports", "secondary vocational education", "higher vocational education". And the judicial professional standard includes the following: “activities in the field of sports”, “activities of sports facilities”, “other activities in the field of sports”, “sports and recreation activities”.

Description of labor functions - filling the professional standard

Professional activity consists of generalized labor functions (GTF). Each PTF includes labor functions (TF). The description of all functions is presented in the form of a table.

This is how the OTF “Activities for preparing for competitions and participation in competitions under the guidance of a coach (coaches)” of the “Athlete” professional standard looks like (there are four OTF in this professional standard):

Generalized labor functions			Labor functions
The code	Name	Skill level	Name	The code	Level (sublevel) of qualification
A	Competition preparation activities and participation in competitions under the guidance of a coach(es)	3	Control of the level of sports preparedness under the guidance of a coach	A/01.3	3
			Preparation for competitions under the guidance of a coach	A/02.3	3
			Performance at sports competitions under the guidance of a coach	A/03.3	3
			Conducting recovery activities under the guidance of a coach after intense physical exertion, diseases and injuries	A/04.3	3

It also lists the skill level required to perform a particular function. The code indicated in this table is, in fact, the number of OTF and TF, it is needed in order to better navigate the standard. For example, the table code for the TF "Preparation for competitions under the guidance of a coach" given above (A / 02.3) means that the labor function belongs to the OTF "A", that it is the second in the list of TFs and that a third skill level is required for its implementation .

Detailing of labor functions is the main part of the professional standard

This is the largest section of the professional standard, including the characteristics of each OTP: a description of the OTP and TF that make up them.

Let's take a look at the section "Possible job titles" workers performing this OTF. So, in the “Athlete” standard, the position according to the OTF considered above is the only one - “athlete”. But in other OTFs of this standard there are positions of “leading athlete”, “athlete-instructor”.

Block of requirements and conditions includes requirements for education and training, practical work experience, special conditions for admission to work and other characteristics for performing the OTF. So, in order to fulfill the above-mentioned general physical therapy of the “Athlete” standard, the following are required:

The employer should be helped to switch to the professional standard additional characteristics of the OTF: the code base group and its name in accordance with the OKZ, the names of positions or professions in accordance with the CEN and ETKS, the code and name of one or more specialties (professions), the development of which ensures the performance of a generalized labor function. As an illustration, consider the simplest OTF from the above standard of sports leaders - “Management of activities in the field of physical culture and sports at the place of work, place of residence and place of rest, as well as in educational organizations carrying out activities in the field of physical culture and sports”. Here are just some of the additional features:

The characteristics of each TF include the characteristics of the TFs included in it, those that have already been listed in the second section (in the table). Now let's get acquainted with them in more detail, since each TF consists of labor actions.

Let's consider the TF "Control of the level of sports preparedness under the guidance of a coach", which is included in the very first OTF of the "Athlete" standard (we got acquainted with it above).

So, this TF consists of the following actions: performance under the guidance of a coach of a set of control exercises to assess general, special physical fitness, performance under the guidance of a set of control exercises to assess technical and tactical preparedness, etc. (the labor function includes nine labor actions).

It also indicates the skills, knowledge and other characteristics necessary to complete the TF. In our case, in order to control the level of sports readiness, an athlete must be able, in particular, to control his own physical and mental state, to know theoretical basis physical culture and sports activities, etc.

Developer Information

The section contains information about the responsible organization and organizations - developers of the professional standard.

Where can I find out the characteristics of the qualification levels specified in the professional standard?

Each PTF and TF contains information about the skill level required for its implementation. The characteristics of skill levels can be found in the document Skill levels. The more complex the TF of an employee, the higher his responsibility, the higher the level of qualification. For example, to perform the OTF "Implementation of the training process at the sports and recreational stage" (standard "Coach"), the fifth level of qualification is required, and to complete the OTF "Implementation of measures to develop a sport in the Russian Federation, in a constituent entity of the Russian Federation" from the same standard - already ninth. That is, to determine the qualification requirements in the professional standard, it is enough to indicate the required level of qualification. The employer must independently study the characteristics of the required level, including indicators: "authorities and responsibilities", "nature of skills" and "knowledge", as well as the main ways to achieve the level of qualification and apply them when forming requirements for their employees.

The website of the Ministry of Labor contains a register of labor functions, which lists some labor functions according to their respective skill levels.

How to find the right professional standard?

Finding the right professional standard is difficult, since its name and the title of the position may not match.

By May 2016, the Ministry of Labor approved more than 814 professional standards, by 2018 it is planned to adopt 1,800 of them, and the actualization of existing ones will begin. How can an employer navigate this sea of information? Follow the changes made to the register of professional standards, which is posted on the websites of the Ministry of Labor "Professional Standards" (www.profstandart.rosmintrud.ru) and the Federal State Budgetary Institution "Research Institute of Labor and Social Insurance" (www.vet-bc.ru). The register includes the following information for each standard: registration number, code, area and type of professional activity, name, details of the relevant order of the Ministry of Labor, registration number of the Ministry of Justice, date of entry into force. There is no professional standard text in the register.

The database of texts of professional standards, grouped by areas of activity in alphabetical order, is located on the website of the scientific and methodological center of the system of professional qualifications of the Federal State Budgetary Institution "NII TSS" of the Ministry of Labor. The texts of professional standards are also found in legal systems - they can be found by knowing the number of the approving order.

In order to find the right professional standard, one should be guided not by the title of the position, but by the field of activity. For example, there is no professional standard "Head of Human Resources", but there is a standard "Human Resources Specialist", the required position is there.

If the employer is having difficulty finding "his" professional standard, then on the website National Council under the President of the Russian Federation for professional qualifications (www.nspkrf.ru), you need to go to the section “Advice on professional qualifications”, find the profile one in the list and apply there for clarification.

The employer must monitor the emerging professional standards using the register of professional standards, and remember that the title of the position may not correspond to the title of the standard that describes it, since it indicates the type of professional activity. The type of professional activity is characterized by generalized labor functions, consisting of labor functions. It is this information that the employer should pay attention to when choosing the appropriate professional standards. If the application of a professional standard is mandatory, then the employee must comply with the skill level specified in the professional standard, as well as the requirements characterizing one or another labor function. If the employee does not meet these requirements, the employer provides advanced training for this employee.

Federal Law No. 122-FZ of May 2, 2015 “On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation” (hereinafter - Law No. 122-FZ).

Federal Law No. 329-FZ of December 4, 2007 “On Physical Culture and Sports in the Russian Federation”.

Section "Qualification characteristics of positions of workers in the field of physical culture and sports" of the Unified qualification reference book for positions of managers, specialists and employees, approved. By order of the Ministry of Health and Social Development of the Russian Federation of August 15, 2011 No. 916n.

Regulations on the Unified All-Russian Sports Classification (EVSK), approved. Order of the Ministry of Sports of the Russian Federation dated March 17, 2015 No. 227.

Professional standard "Trainer", approved. Order of the Ministry of Labor of the Russian Federation dated April 7, 2014 No. 193n.

Project No. 02/07/08-15/00038639 is available on the Federal Portal of Draft Regulatory Legal Acts at http://regulation.gov.ru/p/38639/.

Profstandart "Head of an organization (subdivision of an organization) operating in the field of physical culture and sports", approved. Order of the Ministry of Labor of the Russian Federation of October 29, 2015 No. 798n.

What are professional standards? Why are they needed and for whom are they required? Professional standards of various professions, their structure and purpose will be discussed in this article.

What are professional standards?

The professional standard of an employee is a special qualification characteristic. This document is required by workers for a simplified process of orientation in the chosen profession. The requirements of the professional standard include the need to possess certain skills, abilities and knowledge.

The rules for the application of professional standards were established by the Labor Code at the end of 2012. The government of the Russian Federation confirmed these rules by issuing a corresponding decree on January 22, 2013. There is also a separate order of the Ministry of Labor. Professional standards, of which this moment there are about 2000 pieces, must be developed and applied, in accordance with special rules and regulations.

Russian employers are obliged to constantly pay attention to the updated standards in their professional field. So, if you come to work new person, the responsibility of the head of the organization will be to check his qualification level - in strict accordance with the professional standard. It is also worth noting that employers are able to create and modify job descriptions, staffing tables and other local acts, in accordance with the document in question.

As of 2017, many professional areas are still without state standards. Persons working in such areas should work in accordance with local job descriptions. But there are also exceptions. For example, when the profession gives the right to various kinds of benefits and compensation, or if the work is somehow connected with restrictions. In these cases, the title of the position must be entered in the professional standard, even if it is not necessary to use such a document.

About the application of professional standards

The legislation states that professional standards must be applied in a timely manner in the following situations:

it is necessary to carry out certification or re-certification of employees;
there is a need for personnel management;
job descriptions are developed;
a high-quality personnel policy is being formed;
billing of works is carried out;
employees are assigned tariff categories;
it is necessary to organize training or retraining of employees;
there is a need to establish a timely system of remuneration.

Many employers ask a simple, but at the same time very important question: where are the approved professional standards located? The Ministry of Labor publishes the necessary documentation on its official website in a timely manner. It is there that a special register is located, containing all the new professional standards. It is very important to check any such documents on official resources. This is especially true for employees of any organizations: employers often offer to work under a local act that does not comply with the regulatory requirements of the law. However, do not confuse local acts that have obvious inconsistencies and violations with job descriptions that may be drawn up under the influence of the professional standard, but not fully comply with it.

Are professional standards mandatory for application? If the requirements for the qualification level of employees are established in Labor Code, then yes. The law provides for punishment for employers who refuse to implement the relevant regulations in their organization. According to Article 5.27 of the Code of Administrative Offenses, it is worth highlighting the following types of punishments:

issuing a warning to the manager - but only at the first violation;
for heads of organizations - a fine from 30 thousand to 50 thousand rubles;
for officials - a fine of up to 5 thousand rubles;
a fine of up to 5 thousand rubles for the heads of enterprises registered as individual entrepreneurs.

And what can be said about the employees themselves, about those people for whom professional standards are mandatory? If the law has been amended, and the provisions of the relevant documentation have become different, then the employee, of course, does not quit. He only has to pass re-certification, or receive additional education. However, if such a task turned out to be unbearable for him, then the dismissal would be quite legal.

Compliance of employees with professional standards: basic requirements

The introduction of professional standards, their application and use - all this is regulated by article 195.3 of the Labor Code of the Russian Federation. The same article provides a brief definition of the qualifications of an employee, and also explains that the application of professional standards is an unconditional obligation of the employer in the event of a legal requirement for the qualifications of workers. It is worth examining this formulation with a simple example.

Suppose an accountant comes to get a job in an organization - insurance company or JSC. Under federal law, it must meet the following simple requirements:

availability of higher education;
work experience in the specialty for a total period of at least three years.

Everything is pretty simple here. But what if a citizen wants to get a job in an ordinary LLC, and there is no mention of it in the Federal Law "On Accounting"? What if the employee has good experience and an excellent track record, but no higher education? It is necessary to pay attention to the professional standard approved by the government of the Russian Federation. It should contain specific instructions about the required education and work experience. In particular, the 2016 document states that a citizen can be hired with both secondary and higher education. It turns out that an accountant needs a higher education only to work in organizations listed in the Federal Law. And in an LLC, a person can work even with the education of the middle class.

The conclusion here can be drawn as follows: the system of professional standards is only auxiliary, recommended documentation, necessary in case professional requirements are not covered by the relevant law.

As an example, three of the most common professional standards will be analyzed: a teacher, an accountant and a personnel officer. All of these documents will help to demonstrate the processes for applying the standards as well as their content.

Professional standard of a teacher: application in accordance with the law

What is the professional standard of a teacher? The Federal Law "On Education", as well as some other normative acts, fix the following concept:

The professional standard of a teacher is special list requirements, which determine qualification level, in accordance with which the teacher qualitatively performs all the duties assigned to him.

Pedagogical professional standards are constantly updated and modernized. It is very important to adjust this kind of documentation in a timely manner to new scientific and educational realities. Do not forget about the requirements for the skills and abilities of teachers, their work experience and professional knowledge. At the moment, a government program for the transition to new standards has been approved - up to 2020. All the necessary professional standards should be introduced gradually, in several main stages. At the same time, both the stages of implementation and the form of documentation will be determined by the regional authorities - in accordance with municipal legal acts. Special commissions are assembled, which should include representatives of various professional committees.

Each organization develops its own individual plan transition to new standards. At the same time, some common activities are still worth highlighting. These include:

Clarification of pedagogical standards in each specific educational institution. The main task here is to conduct reconciliations of employees with the subsequent compilation of protocols.
Carrying out verification work. It is necessary to review all existing employment contracts and various internal organizational acts. If necessary, employees are required to make appropriate changes.
Employees need to be vetted for compliance. Thus, the new professional standards in education involve the re-certification of some employees of the educational organization.
It is necessary to draw up a final report and submit it to the management.

Thus, the work on the introduction of new professional standards is really extensive. And what can be said about the immediate responsibilities of teachers?

The content of the pedagogical professional standard

What is the teacher obliged to do in accordance with the new professional standards of 2017? The document regulates the following main provisions:

Separately, professional standards in education regulate educational work. In particular, the job description of absolutely any teacher will contain the following items:

about the need to master the forms of educational work, as well as its qualitative application;
about the ability to organize extra-curricular hours: excursions, walks, various cultural events;
about the ability to form value orientations in children;
about the ability to build educational processes, taking into account individual features any child;
about the ability to create a friendly and favorable atmosphere in the group.

It should be noted that the mandatory professional standards of the teaching profession contain many other aspects: for example, on the development personal qualities, about creative orientation, etc. To get acquainted with the contents of the documentation in detail, you need to go to the official website of the Ministry of Labor.

An accountant belongs to the category of specialists who carry out financial transactions and economic accounting. The duties of an accountant include the implementation of simple calculations for various types of financial accounting. This means that the presented profession is divided into several subspecies. Accordingly, employers must qualitatively differentiate accounting qualifications and categories: whether it is a leading, senior, district or Chief Specialist. It turns out that for each category of accountant there is a job description. At the same time, there are only two professional standards here: for the "ordinary" and the chief accountant. Perhaps, in the near future, the Ministry of Labor will release several more versions of the document in question.

Is a professional standard required for an accountant? Of course, it is required. Moreover, employers who do not want to apply the requirements of this legal act will be subject to administrative liability.

The professional accounting standard makes not just high, but the highest possible requirements for knowledge of financial fundamentals. In particular, every accountant must know the basics of archives, medical or social insurance, pension, labor or even customs legislation. The main responsibility of an ordinary accountant is the preparation of cost estimates for services.

Professional standard of the chief accountant

What does Chief Accountant? The Federal Law "On Accounting" says that the chief accountant is obliged to draw up and provide management financial statements certain economic entity. The professional standard fixes the following mandatory functions of the employee in question:

It is important to note that the professional standard refers tax reporting to financial reporting. At the same time, the Russian Ministry of Labor is sure that an ordinary accountant will not be able to keep records of taxes: only the chief accountant should do this.

HR specialist: professional standard and instructions

Professional area personnel office work involves two main types of professional standard:

The professional standard of a personnel specialist is divided into four chapters:

general provisions;
characteristics of the work functions that are included in the document;
description of work functions;
information about the organizations that were involved in the development of a professional standard.

The existing professional standard contains several generic features. It is in accordance with these functions that job descriptions are drawn up. Here are the responsibilities to highlight:

documentary support of work activities with personnel (a fifth-level qualification is required, involving secondary education);
work to provide personnel (need higher education and qualification of the sixth level);
work on the assessment and certification of employees (level 6 qualification is required);
operating or strategic management personnel of the organization (the seventh level of qualification is required, as well as work experience of at least five years).

According to each function, the professional standard fixes:

qualification levels;
future titles of a particular position;
training requirements;
work experience requirements;
all the necessary knowledge, skills and abilities.

The list of mandatory professional standards for a personnel officer also contains a special classification, which will be discussed later.

General provisions of professional standards for personnel specialists

The document under consideration provides a definition of the concept of "qualification level". According to the professional standard, this is a generalized set of requirements for the level of education of an employee, for his knowledge, skills and abilities. The higher the skill level of an employee, the more difficult and even more prestigious his functions and responsibilities.
Professional standards of personnel workers fix three levels of qualification for employees:

The fifth level of qualification involves the independent performance of work to resolve various practical problems that require a qualitative analysis of the situation. A personnel officer with the fifth qualification level is obliged to deal with the workflow for personnel records, as well as the hiring and dismissal of employees. Requires secondary vocational education.
A specialist with a sixth level of qualification is engaged in defining tasks own work or the work of subordinates. He is engaged in the administration of document flow, the organization of certification of employees, the conduct of work internships, bonuses, corporate policy, control over its implementation, etc. Higher and additional specialized education is required.
The seventh level of qualification involves the definition of special strategies, as well as the development of innovative management activities. As a rule, this qualification level concerns heads and directors of personnel departments.

Thus, the main functions and categories of personnel officers are fixed precisely by the above professional standards. Various local acts written in accordance with the main document, such as job descriptions and staffing tables, will also become mandatory for employees.

For whom are professional standards required?

Above, three of the most common professional standards in the working field were considered: a teacher, a personnel officer and an accountant. In total, there are about two thousand such documents, and their number is constantly growing. You can make a small classification with which to illustrate for whom professional standards and their requirements are mandatory. At the moment, the following areas require the application of legal standards:

In each of the listed areas there are hundreds of professional standards. For example, in the healthcare sector, separate documents regulate the areas of pediatrics, dentistry, psychiatry, etc. Each standard contains a brief description of the specialist's activities, qualification levels and the corresponding responsibilities. Everyone will be able to find the necessary professional standard in the official register of the Ministry of Labor.

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

Mandatory requirements

1. There are special norms and requirements in labor legislation that relate to professional standards. In addition to recommendations for compiling a job description, there are mandatory professional standards that an employer must take into account when hiring and operating employees from July 1, 2016.

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

When the implementation of duties in a particular position is associated with benefits for an employee (teacher, miner, etc.).
When there are restrictions on the performance of functional duties in the position (railway transport employee). In this case, employers need to be as careful as possible, because. these professional standards will provide guarantees of the absence of administrative responsibility.

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

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

In other cases, there is no list of mandatory professional standards in the Labor Code of the Russian Federation. This means that organizations are not forced to clearly name the positions of employees according to the qualification handbook. A programmer, for example, can be called both a software engineer and a programmer-technician. You can do the same with managers, sellers, marketers.

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