Articles defining the procedure for the development, approval and application of professional standards appeared in the Labor Code of the Russian Federation and came into force on July 1, 2016. However, even today, not everyone understands what professional standards are and why they are needed (Federal Law dated May 2, 2015 No. 122-FZ). We will tell you about the list of professional standards in 2019 in our consultation.
A professional standard is a characteristic of the qualifications that an employee needs to carry out his work. professional activity, including the performance of a certain labor function (Article 195.1 of the Labor Code of the Russian Federation).
Professional standards can be developed by employers, professional communities, self-regulatory organizations and other non-profit organizations with educational organizations vocational education and other interested organizations.
Professional standards are approved by the Ministry of Labor and Social Protection (clause 3, clause 16 of Government Resolution No. 23 of January 22, 2013).
Professional standards are applied on a voluntary basis, except in cases where their application is mandatory. Thus, the employer must apply the professional standard if the qualifications of the employee are determined by the Labor Code, others federal laws and other regulatory acts of the Russian Federation establish certain requirements (Article 195.3 of the Labor Code of the Russian Federation). In addition, the use of professional standards is mandatory for those employers whose employees are entitled to compensation and benefits, or there are any restrictions regarding the performance of work in certain positions, professions, or specialties. Indeed, in this case, the names of these positions, professions or specialties and the qualification requirements for them must comply with professional standards (paragraph 9 of Article 57 of the Labor Code of the Russian Federation).
The register of professional standards is a systematized list of them by area and type of professional activity. The Register includes professional standards approved by orders of the Ministry of Labor within 10 days after their approval by the Ministry of Justice (clause 3 of Order of the Ministry of Labor dated September 29, 2014 No. 667n).
As of 12/20/2018 professional standards, approved by the Ministry of Labor, consist of 1173 documents on individual areas of professional activity. These include, in particular, the following areas:
At the same time, certain professional standards were put into effect before July 1, 2016. So,
MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
ORDER
On the register of professional standards (list of types of professional activities)
Document with changes made:
(Official Internet portal of legal information www.pravo.gov.ru, 03.30.2017, N 0001201703300030).
____________________________________________________________________
In accordance with subparagraph 4.1 of the action plan to ensure increased labor productivity, creation and modernization of high-performance jobs, approved by Order of the Government of the Russian Federation dated July 9, 2014 N 1250-r (Collection of Legislation Russian Federation, 2014, N 29, Art. 4165), and paragraph 13 of the comprehensive action plan for the development of professional standards, their independent professional and public examination and application for 2014-2016, approved by order of the Government of the Russian Federation of March 31, 2014 N 487-r (Collection of Legislation of the Russian Federation, 2014, No. 14, Art. 1682),
I order:
1. Establish that the maintenance of the register of professional standards (list of types of professional activities) (hereinafter referred to as the register), its updating and placement on the specialized website of the Ministry of Labor of Russia "Professional Standards" (http://profstandart.rosmintrud.ru) is carried out by the Federal State Budgetary Institution "Research Institute of Labor" and social insurance" of the Russian Ministry of Labor according to the model according to the appendix.
In order to organize information about professional standards (types of professional activities), the register is maintained on the basis of the classification of professional standards (types of professional activities) by areas of professional activity and coding of professional standards (types of professional activities).
2. Recommend that developers and users of professional standards use the register when solving problems of identifying professional standards, analyzing the completeness of coverage of areas and types of professional activities by professional standards.
3. Professional standards approved by orders of the Ministry of Labor of Russia in in the prescribed manner, within 10 days after their state registration by the Ministry of Justice of Russia.
4. Control over the implementation of this order is entrusted to the Deputy Minister of Labor and Social Protection of the Russian Federation L.Yu. Eltsova.
Minister
M.Topilin
Registered
at the Ministry of Justice
Russian Federation
November 19, 2014,
registration N 34779
Application
Sample
Register- | Professional code | Area of professional | Type of professional | Name- | Order of the Russian Ministry of Labor | Registration | Effective date | Letter to the Ministry of Education and Science of Russia |
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national standard | standard | |||||||||||
Notes:
1. Maintaining a register of professional standards (list of types of professional activities) (hereinafter referred to as the register) is carried out on the basis of the classification of professional standards (types of professional activities) by area of professional activity according to the table.
Name of area of professional activity |
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Education and science |
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(Position as amended, put into effect on April 10, 2017 by order of the Ministry of Labor of Russia dated March 9, 2017 N 254n. |
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Healthcare |
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Social service |
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Culture, art |
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physical Culture and sport |
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Communications, information and communication technologies |
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Administration, management and office activities |
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Finance and Economics |
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Jurisprudence |
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Architecture, engineering, geodesy, topography and design |
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Facilities mass media, publishing and printing |
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Security |
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Agriculture |
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Forestry, hunting |
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Fish farming and fishing |
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Construction and housing and communal services |
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Transport |
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Extraction, processing of coal, ores and other minerals |
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Extraction, processing, transportation of oil and gas |
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Electric power industry |
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Light and textile industry |
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Food industry, including beverage and tobacco production |
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Woodworking, pulp and paper industry, furniture production |
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Atomic industry |
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Rocket and space industry |
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Chemical, chemical-technological production |
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Metallurgical production |
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Manufacturing of machinery and equipment |
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Production of electrical equipment, electronic and optical equipment |
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Shipbuilding |
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Automotive industry |
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Aircraft industry |
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Service, provision of services to the public (trade, maintenance, repair, provision of personal services, hospitality services, catering, etc.) |
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Cross-cutting types of professional activities in industry |
|
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* The gap between code numbers 33 and 40 is technical and is intended to ensure the possibility of replenishing the register (list).
2. Coding of professional standards (types of professional activities) and filling out column 3 of the register is carried out in accordance with a 2-facet code combination. The structure of the code designation includes 2 groups of digital decimal places and has the form: ХХ.ХХХ, where:
the first two characters are the code of the area of professional activity;
the next three characters are the code of the type of professional activity (professional standard within the scope of professional activity).
For example, 01.001 is the code of a professional standard related to the field of professional activity “Education” and type of professional activity 001.
3. Columns 2 “Registration number of the professional standard”, 3 “Code of the professional standard”, 5 “Type of professional activity” and 6 “Name of the professional standard” are filled in in accordance with the data contained in the corresponding columns of section “I. General information"professional standard.
4. Column 4 “Area of professional activity” indicates the name of the area of professional activity in accordance with the table provided for in paragraph 1 of these notes.
5. Column 11 “Date of entry into force” indicates the date of entry into force of the professional standard in accordance with the order of the Ministry of Labor of Russia. When a professional standard is put into effect from the moment the order of the Russian Ministry of Labor is issued, a dash is placed in this column.
6. In columns 7 and 8 “Order of the Ministry of Labor of Russia”, 9 and 10 “Registration number of the Ministry of Justice of Russia”, 12 and 13 “Letter to the Ministry of Education and Science of Russia” the details of the relevant documents are indicated.
7. The register is posted and updated on a regular basis on the specialized website of the Ministry of Labor of Russia “Professional Standards” (http://profstandart.rosmintrud.ru).
Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"
In this article we will look at professional standards in 2017. Let’s find out who draws up professional standards. Let's figure out what consequences professional standards have for workers.
Occupational Standards (OS) are intended to define qualification level required for a particular specialty. Recommendations for the use of professional standards have been in effect since July 1, 2016, after the introduction of Art. 195.1 – 195.3 Labor Code of the Russian Federation. The introduction of standardization of qualification requirements is part of a plan to increase labor productivity and modernize workplaces. The requirements of professional standards are advisory in nature, with the exception of cases of mandatory application for a number of specialties.
Order of the Ministry of Labor dated September 29, 2014 No. 667n approved a list of areas of activity for which the application of PS requirements is prerequisite performance of labor duties. Employers have the right to subject employees' qualifications to independent assessment and revise job descriptions.
The developed professional standards (PS) cover activities in the profession, not limited to a specific position. As a result of the implementation of the PS and changes in functions, enterprises can rename positions previously approved by the staffing table.
The names of positions that involve prerogatives in the form of compensation, preferential length of service or restrictions in connection with special conditions labor must be named according to the names of the tariff reference book. The use of professional standards for these positions is mandatory. The names of positions that do not have special requirements are determined by the employer at its own discretion.
Laboratory doctor M. performed labor duties at the SES for a long time in conducting laboratory research. In the staff of the organization, the position is named as a laboratory doctor. The work is carried out in harmful conditions labor that gives the right to preferential pension. After contacting the Pension Fund of Russia, employee M. learned that an entry in the work book that contradicts the ETKS does not give the right to early retirement. Conclusion: A job title that does not comply with the directory may not allow the employee to take advantage of the benefits provided in accordance with special working conditions.
Professional standards are normative acts and, if used optionally, can be used as a basis for the creation of local acts or use in activities.
Enterprises use professional standards in the following cases:
The implementation of the professional standard is carried out by a commission acting on the basis of an order. The development of the PS is carried out by the Ministry of Labor and Social Protection. At the development stage, proposals for the project can be submitted by enterprises, professional communities, self-regulatory organizations or other persons. The responsibility for approving professional standards rests with the Ministry of Justice.
Systematization of approved professional standards is carried out by entry in the register. The data is grouped by areas of professional activity. The standards included in the list are approved by the Ministry of Labor. The list is presented on the official website of the Ministry. The PS is placed on the list within 10 days after its approval by the Ministry of Justice.
The register includes sub-registries:
The register information contains data on planned changes in the databases and new developments in the field of professional requirements. The addition of new standards is carried out primarily for professions in priority areas in the economy. Standards under development are not normative act pending approval by the Ministry of Justice.
The standards used in the development of the software are contained in methodological recommendations, approved by order of the Ministry of Social Protection of the Russian Federation dated April 29, 2013 No. 170n. Based on the provisions of the order, the PS must include sections:
When implementing the PS, the employer must apply the requirements not only to newly hired employees, but also to those working under employment contracts. The employer has the right to take the following actions:
The approval of a new job description does not constitute a change in the job function and cannot be challenged by the employee in court.
Enterprises that use professional standards as recommendations are exempt from liability for their non-use. Sanctions are imposed on employers who employ professions for which the application of the PS is mandatory.
Refusal to apply standards is recognized as an administrative offense under paragraph 4 or 5 of Art. 5.27 Code of Administrative Offences.
The enterprise approves a schedule of actions for introducing standards:
| Procedure | Description, additions |
| Creation of a commission to ensure the implementation of the PS | The working group includes people who understand the law - lawyers, human resources workers |
| Selection of standards that correspond to the activities of the enterprise | PSs that are mandatory for use and used in advisory form are separately defined. |
| Revision of local acts | Review of staffing and job descriptions |
| Issuing an order on the implementation of standards, conducting explanatory activities | The order is communicated to employees 2 months before job changes, for individual entrepreneurs - 2 weeks |
| Carrying out certifications | The procedure is regulated by the Certification Regulations approved by the enterprise. |
| Preparation of new job descriptions, staffing schedules, Regulations on remuneration | New forms must be communicated to employees against signature |
| Conclusion of additional agreements | Persons who refused to transfer to new conditions and in the absence of vacancies are subject to dismissal |
An additional agreement on the changed conditions must be signed by the parties after the expiration of 2 months (for individual entrepreneurs - 2 weeks) from delivery of the notification.
| Profession | Conditions |
| HR worker, clerk | The standard is of a recommended nature. Contains 8 levels of generalized labor functions, requirements for education and work experience |
| Accountant | Recommended character. Developer: IPB RF. Compliance testing system is under development |
| Teacher | The introduction of the standard is postponed to September 1, 2019 due to the need for improvement. The standard will be consistent with the legislative norms of the Ministry of Education |
| Supervisor | Has a recommendatory nature. It is applied separately for each area, taking into account the specifics |
Question No. 1. Does the organizational form of an enterprise or sources of financing matter when introducing professional standards?
Answer: The legislation establishes a uniform procedure for the application of professional standards for enterprises, regardless of their organizational form.
Question No. 2. Does an employer have the right to dismiss an employee without evidence whose qualifications do not meet the requirements of professional standards?
Answer: The law does not provide for the dismissal of employees who do not meet the requirements of the PS. The employee is invited to undergo certification and advanced training. Termination of the contract is possible only if the employee does not agree to perform duties due to changed working conditions.
Question No. 3. How is the standard implemented for an employee whose positions combine several professions?
Answer: There is a section in the professional standards, the data of which is used for positions that combine more than one function. Legislative norms contain sources of information and job titles for general labor functions. The procedure for developing instructions and requirements is determined by the employer.
Question No. 4. Where can I take part in the discussion of the draft professional standard?
Answer: Project developers ensure the publication of PS projects that are at the development stage. To notify those wishing to participate, the organization of forums on the Internet, conferences, placement of the project on the official website of the developer, and publications in the media are used.
Question #5. What information can be based on the development of PS instructions that are of a recommended nature?
One click call
The working qualifications of employees must meet strictly defined requirements - professional standards. While receiving education, the future professional must acquire a set of certain competencies, the combination of which forms the mentioned standard. Exactly the same, ideally, should be required from a specialist when applying for employment.
Why is the concept of “professional standards” needed in the modern regulatory framework? How to apply them in practice? Who will need them first? Let's try to look at this legislative innovation, which came into force in the summer of 2016.
TC operates with the term “ qualification"(Article 195), meaning by it a specific level of labor skills, special knowledge, work experience required for a particular position. When a person was hired for a “position according to his qualifications,” this meant that he must meet the qualification characteristics of this position given in the Unified Qualification Directory (USC).
This document today is almost hopelessly outdated: many of the positions listed in it simply no longer exist, while many modern professions are not mentioned at all. “Modernizing” unified qualification reference books would be too time-consuming and impractical. needed new level fix this problem.
It was decided to replace this regulatory framework with a more convenient and universal tool for determining the minimum qualifications - professional standards.
It is right to say that professional standards are qualification characteristics, brought more into line with the demands of our time. Legislators, approving the procedure for the development and application of professional standards (Resolution of the Government of the Russian Federation No. 23 of February 22, 2013), used modernized combinations of claims to professions, having previously honed them in detail in specialized circles.
Professional standard in relation to qualification requirement is more realistic, closer to labor reality.
IMPORTANT! The definitions of “qualification” and “professional standard” are not identical: Art. 195 of the Labor Code of the Russian Federation in paragraph 1 specifies that the professional standard is a characteristic of qualifications. The concept of “professional standard” was introduced into the Labor Code only in 2012.
A related term given in the Labor Code and others regulatory documents, is " labor function" Art. 57 of the Labor Code obliges the employer to indicate it in the text employment contract, that is, to clarify the work that the employee will have to perform within the framework of his position, which does not contradict his qualifications. Now, for this purpose, you can use the approximate definitions of positions listed in section III of the required professional standard. But then the employee must meet the set of requirements given to them.
ATTENTION! A professional standard does not define positions or even professions, but an area of activity, which is why it is more universal. For example, the “Accountant” standard provides for the same job title, and the head of the human resources department can be found in the “HR Specialist” professional standard.
In what specific aspects of the employment relationship should professional standards apply? The legislative framework provides three main areas of their application.
The Ministry of Labor of the Russian Federation adopted approximately 8 hundred of the 1000 planned professional standards. The immediate plans (no later than in two years) include the adoption of 2 thousand names of standards.
Initially, they were going to start introducing them into practice from the public sector. It was assumed that commercial organizations would set themselves a set of requirements for their employees. However, this idea is considered unproductive. Federal Law No. 122 clearly states that professional standards apply to all labor spheres and enterprises of all forms of ownership:
As we implement materials about professional standards, we will post them here. Follow the links at the bottom of this page.
Since July 1, 2016, the use of standards has been declared an indispensable condition for all entrepreneurs, as required by the Labor Code or other documents. That is, when hiring an employee for whose field of activity the professional standard has already been approved, the employer must certainly use it, and not qualification directory. If the required standard for a given profession has not yet been adopted, you can still use the qualification directory.
When the positions in the EKS and in the professional standard are the same, preference should be given to the professional standard as a more modern option.
What specific requirements for an employee (according to standards or according to the Unified Social Standard) the employer will be guided by must be specified in its local legal acts.
NOTE! If the type of professional activity provides for certain benefits (for example, early retirement, payment of compensation for harm, etc.) or restrictions, then such a position must be named in strict accordance with the professional standard or EKS, if such a standard does not yet exist.
IMPORTANT INFORMATION! An employee’s non-compliance with the professional standard is a violation of the Labor Code, which provides for the responsibility of the employer: a cake maker cannot “make boots.”
Employers were informed of the need to switch to the requirements of professional standards a year before Federal Law No. 122 came into force. Thus, the Ministry of Labor theoretically assumes that all entrepreneurs in the country are actively involved in the implementation of professional standards. If this is not the case, so much the worse for them.
From July 1, 2016 Labour Inspectorate has the right to verify compliance with the law in this area, and if in Labor Code If there are any requirements for the qualifications of employees, then professional standards must be applied to them without exception. Administrative liability can range from 30 to 100 thousand rubles.
As planned by legislators, independent centers will soon open that evaluate qualifications according to professional standards. By assessing your level as a professional and receiving a certificate that meets a certain professional standard, you can significantly improve your position in the labor market. And the employer can send its employees to such centers instead of internal certifications.
In many accounting and personnel media, various experts give their interpretation of the concept of “professional standard”. However, we believe that you need to turn, first of all, to the original source and look at the wording given in the labor legislation.
A professional standard is a characteristic of the qualifications required for an employee to carry out a certain type of professional activity (Part 2 of Article 195.1 of the Labor Code of the Russian Federation).
Thus, approved professional standards characterize the qualifications that a particular person must have to engage in a certain job or type of activity. Please note: a professional standard can describe qualifications not only for a specific position (for example, “accountant” or “internal auditor”), but also for entire areas of activity (for example, human resources management).
An approved professional standard is essentially a document in which:
The approval of professional standards occurs gradually. By mid-2016, more than 800 professional standards had already been approved. All information about professional standards approved by the Ministry of Labor is included in a special State Register. This register is posted on the official page of the Russian Ministry of Labor, in the appropriate section (See http://profstandart.rosmintrud.ru/).
We also present the regulatory legal acts on the basis of which the Ministry of Labor develops and approves professional standards:
The right to approve professional standards is vested exclusively in the Ministry of Labor of the Russian Federation. However, employers have the right to propose their own draft professional standard for a particular position or type of activity (clause 10 of the Rules approved by Decree of the Government of the Russian Federation dated January 22, 2013 No. 23). After passing certain procedures, the Ministry of Labor can approve the professional standard and enter it into the register of professional standards.
The legislation, in principle, says nothing about how exactly employers should implement professional standards. In this regard, in our opinion, employers (organizations or individual entrepreneurs) has the right to independently determine the procedure for introducing professional standards into their work. So, for example, an organization or individual entrepreneur can, for starters, create a working group that will simply check whether employees comply with approved professional standards. Such a check will become one of the stages in the implementation of professional standards. Based on its results, the employer will at least understand which of the employees meets the approved professional standards and who does not.
