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Employers started thinking about which organizations are required to apply professional standards after July 1, 2016, when the provisions of the Labor Code of the Russian Federation on the rules for applying standards came into force. However, the mandatory nature of professional standards is established only for certain cases, which we will discuss in our article.

Are professional standards mandatory for everyone?

The norms of the Labor Code of the Russian Federation, which came into force on July 1, 2016, do not oblige all enterprise managers to apply professional standards in their activities. Mandatory are only cases when the employer takes as a basis the provisions of documents relating to the qualification requirements for the profession, if this is indicated by the legislator, or work in this position involves the provision of benefits or the imposition of restrictions.

If the head of an organization does not apply the provisions of professional standards, which are mandatory by law, in his activities, he may be subject to administrative punishment under Art. 5.27 Code of Administrative Offenses of the Russian Federation. True, in the event of a primary violation of the provisions of the article and proven innocence, employers, as a rule, receive only an order to eliminate the violations.

For whom have professional standards become mandatory since July 1, 2016?

The mandatory application of professional standards is not fixed in the text of the standards, so these documents themselves do not answer the question of which organizations they are mandatory for. To answer, you need to refer to the text of Art. 195.3 of the Labor Code of the Russian Federation, which establishes the rule that if the legislator has established requirements for the qualifications of an employee occupying a certain position, then in this case professional standards regarding these requirements are mandatory for application. In particular, Art. 330.2 of the Labor Code of the Russian Federation provides for the application of qualification requirements, which are specified in professional standards, for citizens engaged in underground work.

In addition, part 2 of Art. 57 of the Labor Code of the Russian Federation provides for the mandatory application of standards in cases where we're talking about that the performance of work in a certain position is associated with providing the citizen with social guarantees or benefits or entails the imposition of restrictions. In this case, the positions (or rather, their names and the list of qualification requirements for the employee) must comply with the provisions of professional standards.

Does the legal form of the company or the form of ownership affect the mandatory application of the professional standard? No. Only the points mentioned above affect the obligation. Thus, if this is provided by the legislator, then even commercial enterprises with only 2 units on staff must comply with the requirements of the law.

However, in practice there is also an opinion that, starting from July 2016, professional standards must be applied by absolutely all employers. Supporters of this point of view argue their position by the fact that the Labor Code of the Russian Federation indicates the mandatory application of standards if approved by the legislator. Professional standards are approved by orders of the Ministry of Labor of the Russian Federation - therefore, they are all normative in nature (that is, their provisions apply to all citizens and organizations). It turns out that already in the professional standard itself, the legislator tacitly indicates the obligatory nature of its application in practice. However, this opinion contradicts the basic principles of the introduction of professional standards, according to which the requirements for the application of their provisions must be established by a third-party act, otherwise the meaning of Art. 195.3 of the Labor Code of the Russian Federation will be lost.

Note: if an employer decides to use the provisions of professional standards in his activities, although this is not mandatory for him, he must independently develop a system for putting the standards into effect. That is, he has the right to apply the provisions of the standards, taking into account the specifics of production.

Mandatory application of professional standards and state/municipal enterprises

There are many organizations on the territory of the Russian Federation in which a controlling stake belongs to the state or municipality. They, as a rule, are in a special position, while their legal status installed by special regulations. The question arises: are all professional standards obligatory for them without exception?

The legislator transferred the authority to establish the fact that standards are mandatory for such companies to the Government of the Russian Federation. However, the opinion of the Tripartite Commission on the Regulation of Labor Relations must be taken into account. Today there is no such act - and this means that professional standards in such organizations should be applied only if this is established in the Labor Code of the Russian Federation (Government Decree “On the specifics of the application of professional standards in terms of mandatory requirements” dated June 27, 2016 No. 584).

For which positions are professional standards required?

According to the Labor Code of the Russian Federation, the use of professional standards is mandatory for positions in which work involves the provision of benefits to the employee or the imposition of restrictions, as well as in other cases established by the legislator. However, such an answer, alas, does not solve all questions regarding the application of standards in practice.

For example, what to do if the job title does not comply with the provisions of the professional standard? If we are talking about a situation where the work involves the presence of benefits or restrictions, then the name of the position must be exactly the same as indicated in the text of the standard or qualification reference book. True, in some cases the name of the position in the professional standard differs from the name in the directory. For example, the names of positions in the list of hazardous professions that give the right to early retirement differ from the names of positions that are indicated in specific professional standards for a certain type of activity. In this situation, the Government of the Russian Federation should provide explanations, but so far there is no such document.

Another question is also very relevant: what to do if, for example, the staffing table states a labor protection engineer, but the text of the standard only contains a labor protection specialist? In this case, it is necessary to exclude the position of an engineer from the staffing table and add a specialist there, enter into an additional agreement with the employee to the employment contract, and note the change in work book and write the new job title in the employee’s personal card.

At the same time, however, it may happen that a citizen refuses to move to a new position, wanting to work as an engineer all his life, and Art. 74 of the Labor Code of the Russian Federation prohibits an employer from unilaterally changing an employee’s labor function, regardless of the reasons for such a change. It is important to know here that the labor function is determined by the job title, type and volume of work. If the name of a position in the staffing table does not correspond to its name in the professional standard and ETKS, the employer has the right to simply reduce it and fire the employee due to staff reduction in order to later introduce a new position into the schedule.

What to do if an employee does not meet the requirements established in the standard?

Let us consider, for example, a situation where the qualification requirements set out in the standard are mandatory for application, but the employee who holds this position does not, for example, have the required level of education.

There are two ways to resolve this situation:

1. The employee is offered a transfer to another position.
2. The employee is sent for training. In this case, the employer must determine for himself whether he will train the citizen at his own expense. As a rule, if a decision is made to invest company funds in an employee’s education, an apprenticeship agreement is concluded with him, according to which, after receiving a diploma, the employee is obliged to work for the amount of time specified in the text of the agreement in the organization. Otherwise, the student may be charged all tuition costs. In addition, the employer is obliged to provide the employee with the full range of guarantees and compensations provided by the legislator.

Attention: in cases specified by regulations, the employer is obliged to conduct retraining or provide advanced training certain categories employees at their own expense - as, for example, in the case of medical employees who must confirm their qualifications every 5 years.

Is it possible to dismiss an employee if his qualifications do not meet the requirements of the professional standard in terms of education? An employer has the right to dismiss its employees only after they have passed certification, as a result of which it is revealed that their qualifications do not correspond to the position they occupy. Without certification activities, the employer, even if the citizen does not have the education required by the standard, has the right only to transfer him to another position or send him for training.

Another important issue that we would like to draw your attention to is the change in the list job responsibilities workers, provided that the employer is obliged to apply the provisions of the professional standard in its activities. The head of the enterprise has the right to approve new texts job descriptions or make changes to existing documents. However, he must first agree on this with the employee himself, since additional responsibilities cannot be assigned to him without the latter’s knowledge.

Who is responsible for implementing professional standards in 2016-2017?

Mandatory professional standards must be introduced into the activities of the organization by its head. Despite the fact that the legislator explained in some detail who should use the provisions of the standards in their work, he bypassed the very procedure for implementing this in practice. Well, we present to your attention one of the options for implementing a system of professional standards at an enterprise.

One employee, for example an employee of the HR department, is not able to implement the standard into the activities of the enterprise, so the issue requires a commission decision. The first thing the head of the company should do in this case is to issue an order to create a working group to develop a plan for the transition to professional standards. The document specifies the composition of the group and the time frame for developing proposals.

The created group is developing detailed plan activities, indicating deadlines for completing tasks, a list of responsible persons and a list of issues themselves. The plan, as a rule, is approved by the group leader and submitted to the head of the organization for clarification. In this case, all performing employees must be familiar with the document.

Next, the working group studies the professional standards that have already been adopted by the Ministry of Labor and correlates them with the current staffing schedule at the enterprise. If there are difficulties in correlating the standard with a specific group of positions, it is necessary to familiarize yourself with such sections of the document as “Group of occupations” and “The main purpose of the type of profession. activities." We remind you once again: if the text of the standard does not indicate a specific position as it is written in the staffing table, then you should not make the mistake and assume that the standard does not apply to this profession. Professional standards are developed according to the type professional activity, and not for the position.

The result of the group’s work will be to bring all internal documents of the organization in accordance with the standard.

Scientific and technological progress, the development of production and technology, as well as the changing labor market require the constant development of professional skills and competencies of the employee. Qualification reference books, in turn, are gradually becoming outdated: either they do not contain new professions at all, or their descriptions do not correspond to reality. This is precisely what determines the need to change the current qualification system, or more precisely, the replacement of the Unified Tariff and Qualification Directory of Work and Professions of Workers (UTKS) and the Unified Qualification Directory of Positions of Managers, Specialists and Employees (USC) with the system professional standards. In this article we will try to answer the most current issues on the application of professional standards.

What is a professional standard?

The concepts of “employee qualification” and “professional standard” are defined in Art. 195.1 Labor Code Russian Federation. According to this article employee qualifications- this is the level of knowledge, skills, professional skills and experience of the employee.

In its turn, professional standard- this is a characteristic of the qualifications necessary for an employee to carry out a certain type of professional activity.

Let us note that previously the legislation lacked the concept of a professional standard, and this made it difficult to develop and implement professional standards in practice.

For employers, the professional standard will be the basis for establishing more specific requirements when performing an employee’s job function, taking into account the specifics of the organization’s activities.

The provisions of the relevant professional standards must be taken into account when forming federal government educational standards vocational education. In this way, the problem that appears in the last years the problem is when a graduate educational institution has some professional skills, but the employer requires completely different ones.

From the history of professional standards in Russia

The emergence of professional standards is not a new thing, invented in Russia, as many write, but an established world practice. Most innovate experience today, according to professional standards, it is in the UK.

The topic of professional standards in Russia first arose in 1997, when this term was officially used in the Program social reforms in the Russian Federation for the period 1996-2000, approved by Decree of the Government of the Russian Federation dated February 26, 1997 No. 222. Federal ministries and departments then included the development of professional standards in their programs. For the next ten years, the task changed wording and was posed by the country’s leadership over and over again, but no tangible actions were taken to solve it, until in 2006, on the basis of Russian Union industrialists and entrepreneurs (RSPP), the National Agency for the Development of Qualifications did not appear. It was this agency that developed the first layout of the professional standard in 2007. In 2007-2008 the first professional standards appeared.

In 2010, following a meeting of the State Council of the Russian Federation and the Commission for Modernization and technological development economy of Russia, a list of instructions of the President of the Russian Federation was created. It established the deadlines for the preparation of a modern reference book and the development of professional standards in high-tech industries. About two years were allotted to complete both tasks.

In 2011, the Government of the Russian Federation established the Agency for Strategic Initiatives (ASI), which began developing a roadmap for “Creating a National System of Qualifications and Competencies.” After this, the Plan for the Development of Professional Standards for 2012-2015 was approved. Experts from the Ministry of Labor prepared and approved the next layout of the professional standard and developed regulations, guidelines etc. The first standards were adopted only on October 30, 2013. By Decree of the President of the Russian Federation dated May 7, 2012 No. 597 “On measures for the implementation of state social policy,” the Government of the Russian Federation was given the task of developing and approving at least 800 professional standards by 2015. “As of December 30, 2014, 403 professional standards were approved by orders of the Ministry of Labor,” says a message posted on January 24, 2015 on the website of the Government of the Russian Federation.

Where can I find information about professional standards?

Register of professional standards of the Ministry of Labor of Russia 2017year includes about 966 documents that list the main qualification requirements and labor functions of workers. About where to seeregister of professional standards by profession 2017 year, what it includes and how to download it, you will learn from the article.

Register of professional standards of the Ministry of Labor and a list of measures for their development, approved by the Government of the Russian Federation

On March 31, 2014, by order of the Government of the Russian Federation No. 487-r, a comprehensive plan of activities related to the development of professional standards for 2014-2016 was approved. In accordance with this document, the Ministry of Labor of the Russian Federation issued order No. 667n dated September 29. 2014 on maintaining a register of professional standards.

The document identifies resources on which information about adopted standards will be updated as they are adopted, and also approves the form of the register of standards. In addition, the legislator designates areas of activity for which professional standards should be developed. In total, 40 such areas are indicated in the order. The list of approved professional standards is included only after they are received within 10 days from the Ministry of Justice of Russia with information about the state registration of the relevant orders of the Ministry of Labor of the Russian Federation.

Where is the list of professional standards registered by the Ministry of Justice and approved by the Ministry of Labor of the Russian Federation?

As mentioned above, a professional standard is developed and adopted by the relevant order of the Ministry of Labor of the Russian Federation, after which, in order for the document to come into force, it must also go through the registration procedure with the Ministry of Justice of the Russian Federation. This is a mandatory rule to which there are no exceptions. This means that the list of professional standards registered with the Ministry of Justice today is the official register of professional standards adopted in the Russian Federation.

For reference: the draft standards that the Ministry of Labor publishes on the Internet for review and comments do not have legal force and are not binding until they are adopted by the appropriate order and registered with the Ministry of Justice.

Since 2016, the list of professional standards can be found on the official resource of this ministry - profstandart.rosmintrud.ru. This list is constantly updated - the register of professional standards of the Ministry of Labor for 2017 already contains about 966 documents, while in 2016 their number was 809.

To make searching easier necessary documents used there software package, which is called “Professional Standards” (working with it becomes available after registration). There is also an opportunity on the website of the software and hardware complex to submit a notification about the development of a professional standard (also available only to registered users).

In addition, the register of professional standards of the Ministry of Labor of Russia can be found on the website of the Federal State Budgetary Institution "Research Institute of Labor and social insurance» Ministry of Labor of Russia - vet-bc.ru. To familiarize yourself, the user needs to go to the “Professional Standards” section and select the “Professional Standards Base” item there.

As of mid-2017, the register of professional standards contains about 966 documents. By the end of the year, it is planned to adopt about 200-300 more standards.

On the list of approved professional standards by profession

The National Register of Professional Standards, which is part of the above-mentioned software and hardware complex “Professional Standards”, includes 2 sub-registers: the register of professional standards and the register of professional qualifications councils. When you select the first one, a list of accepted professional standards opens, broken down by type of professional activity. To view the document of interest, you need to select the appropriate type of activity from the list of those presented, left-click on the item and find the required professional standard in the list that opens.

Where can I download the list of professional standards for 2017?

The most current list of professional standards for 2017 on the official resource of the Ministry of Labor is profstandart.rosmintrud.ru, for which you need to find the item “Register of Professional Standards” in the “Useful Documents” block (on the left side of the page) and left-click on it. Next, all you have to do is select the location to save the document and click the “Download” or “Save File” button (depending on the browser you use).

It is noteworthy that the register of approved professional standards can be downloaded in two formats - XML ​​or CSV. Moreover, the system makes it possible to download onto a computer not only the entire registry, but also any professional standard separately.

Note: the offer to download the 2017 register of professional standards of the Ministry of Labor of Russia can be found on many other sites, however, there you may encounter the fact that the presented database will not be relevant and the information contained in it will simply be outdated. On official resources, the register is updated and changed as new standards emerge.

Which professional standards are mandatory for use from July 1, 2016?

Despite the fact that the first professional standards were approved back in 2013-2015, from July 1, 2016, the legislator made it mandatory to apply the provisions of the documents for certain categories of professions.

Two articles of the Labor Code of the Russian Federation will help you determine whether standards are mandatory for a particular organization:

• Art. 195.3, which states that the standard must be used in the work when the legislator establishes requirements for the qualifications of an employee (as, for example, in the case of positions related to underground work);
• Art. 57, which provides for the mandatory application of professional standards for professions in which work requires the presence of a set of benefits or restrictions imposed on the employee.

In other cases, the provisions of professional standards are applied solely at the request of the employer.

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 (Collected Legislation of the 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, N 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. Register of professional standards (list of types of professional activities)

Application

Sample

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.

Table. Names and codes of areas of professional activity

_______________
* 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” of the 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"

The article will help you find out what professional standards are and how to apply them from July 1, 2016. Where can I find a complete list of PS. Who it professional teacher according to the new standards for teachers and accountants.

Since July 1, 2016, professional standards began to apply to many professions. They include a list of requirements and conditions. Which must be observed in relation to employees. About how to correctly implement professional standards for educators, teachers, accountants. You can find out what documents you should study and what you face for failure to comply with the law from this article.

Professional standard - what is it?

The professional standard 2019 is a characteristic of qualifications. Which is necessary for an employee to be able to work in a certain profession.

This concept includes requirements for skills and abilities. also work experience. It was included at the end of 2012. The rules of application were approved by Decree of the Government of the Russian Federation No. 23 of January 22, 2013. The article regarding professional standards is valid from July 1, 2016.

At the moment, there are approximately 800 documents in the register of professional standards on the website of the Ministry of Labor and Social Protection of the Russian Federation. By the end of 2016, this figure should increase by at least another 200. Next, the ministry will increase the list of mandatory standards to 2000.

From July 1, 2016, the new Labor Code of the Russian Federation will come into force. Which is called “The procedure for applying professional standards.” 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 Labor Code. Federal laws or other regulatory legal acts. (Article 11 of the Education Law, as well as Article 73). For other employees, professional standards are advisory in nature.

Employers, guided by professional standards, can make changes to job descriptions. Staffing table, revise local acts ( Rules development and approval of professional standards. Approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23).

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To whom and how to apply professional standards from July 1, 2016

Professional standards must be applied, if the requirements for employee qualifications are established by the Labor Code. Federal laws or other regulatory legal acts (Article 195.3 of the Labor Code of the Russian Federation). For a list of professions for which requirements are established by law, see the table.

There are two cases when the name of a position must be indicated as in the professional standard, even if it is not necessary to use it.

1. if the work entitles you to compensation or benefits.

2 . If the work involves restrictions. This is the rule of paragraph 3 of part 2 of the Labor Code of the Russian Federation.

If the professional standard has not been approved for such professions, indicate the position according to qualification reference books. This is relevant, for example, for doctors and teachers who are entitled to benefits: additional leaves, reduced work time, preferential pension.

Where is the list of mandatory professional standards posted?

The professional standard is developed and adopted by the Ministry of Labor of the Russian Federation. Further, in order for the specified document to gain legal force, it must be registered with the Ministry of Justice of the Russian Federation.

The official register of approved professional standards in Russia is essentially all professional standards registered with the Ministry of Justice.

IMPORTANT! Before you begin to be guided by professional standards published for review on the Internet. It should be reliably verified that they are registered with the Ministry of Justice. Often such documents are posted by the Ministry of Labor for comments.

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Official list of professional standards website of the Ministry of Labor

A list of approved professional standards for teachers, personnel officers, and accountants since 2016 is provided.

What kind of education should teachers have according to professional standards?

The general requirements of professional standards for teacher education do not take into account the specifics of additional education institutions. The teacher must have education in the field of training and specialties “Education and Pedagogical Sciences”.

The new professional standard changed the educational requirements for methodologists and made them equal to teachers. Therefore, if you have already transferred methodologists whose education does not correspond to the areas of preparation of higher education and specialties “Education and Pedagogical Sciences” to the old professional standard, then it is better to return them to the conditions of the qualification directory.

Employees with education in the following areas will not be able to work as methodologists. Humanitarian sciences"(historians). “Society Sciences” (psychologists, lawyers, economists)

Unlike the old one, the new professional standard does not require training workers in additional professional programs. By profile pedagogical activity at least once every three years. However, this requirement is in paragraph 2 of part 5 of article 47 of the Federal Law of December 29, 2012 No. 273-FZ. Therefore, once every three years, a teacher still needs to be sent for advanced training.

Whether the employee needs additional education is decided by the commission when certifying the employee. Or the head of the institution (Article 196 of the Labor Code). However, if an employee’s education does not correspond to the programs implemented in the institution, it is better for such a specialist to receive additional education.

Application of professional standards

1. Organization of employee certification.
2. Personnel Management.
3. Development of job descriptions.
4. Formation of personnel policy.
5. Tariffing of works.
6. Organization of employee training.
7. Assignment of tariff categories.
8. Establishment of a remuneration system.

As already noted, PS will become mandatory for certain categories of workers. The application of professional standards is mandatory in cases where the requirements for the qualifications of workers are established in the Labor Code of the Russian Federation and other regulatory legal acts.

Thus, according to Part 4 of Article 7 of Federal Law No. 402 of December 6, 2011, in insurance companies, non-state pension funds, public joint-stock companies, the chief accountant must have:

• Work experience of at least 3 years over the last 5, if you have the appropriate education. Necessarily related to management accounting, auditing activities and so on.
• Work experience of at least 5 years out of the last 7, if there is no education corresponding to the activity.
• Higher education by profession or not.
• No criminal record (unexpunged or outstanding) for illegal acts committed in the economic sphere.

It is worth noting that other organizations (not listed in the previous paragraph) can hire workers without going through these conditions.

Based on the professional standard of the Russian Federation, the employer has the right to approve new job descriptions. Sometimes, as a result of such changes, the range of responsibilities of employees may become more extensive. Under no circumstances should you produce this action without notifying the employee. According to Part 2 of Article 72 and Part 2 of Article 74 of the Labor Code of Russia, the employee must be warned about the above circumstances at least 2 months in advance and give his consent if everything suits him.

IMPORTANT! If an employee does not meet the 2016 professional standards, then it is still impossible to dismiss him on this basis. He can be deprived of his job only if the results of his certification are poor or if the organization does not have a vacant position for him that matches his knowledge and skills. The employee may also be offered to receive additional education for the purpose of its further compliance with the professional standard.

Question: What punishment does the employer face if he refuses to implement the PS, but this rule is mandatory by law?
Answer: According to the provisions of the Code of Administrative Offenses, the following punishment options are provided for such a violation:

1. If violated for the first time - a warning.
2. For organizations - a fine of 30-50 thousand rubles.
3. For officials - a fine of 1-5 thousand rubles.
4. For individual entrepreneurs- fine 1-5 thousand rubles.

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Transition to professional standards professional accountant, teacher

At first glance, it may seem that the implementation of professional standards is not a labor-intensive process and one responsible employee can easily carry out this procedure. Actually this is not true. Therefore, it is recommended to form a group of employees so that they draw up a plan for the transition to professional standards.

The composition of the specified group (it can be compiled in free form). The legislation does not provide special instructions in this matter.

Specialists who need to familiarize themselves with the list of professional standards and use the information received in their work:

• From the HR department.
• From accounting.
• From the economic planning department.
• From the legal department.

Approximate plan for the transition to Russian professional standards:

1. Divide the entire process into separate sectors. This will make it easier to track.
2. Determine the framework for submitting draft documents from performers.
3. Identify responsible persons responsible for implementing the plan.

Familiarization of the employees responsible for the implementation of the plan must be confirmed by their signature in the appropriate document.

The working group will have to determine the compliance of the positions available in the organization with the professional standards of 2016. To do this, it is worth referring to the staffing table.

Next, choose the PS that is suitable for the position and compare the real goal of a certain type of professional activity with that reflected in the document. Having carefully studied this issue for each of the positions, you can select the appropriate professional standard.

IMPORTANT! The name of the PS is not equal to the title of the position, since it covers the entire type of activity with general characteristics positions, not a specific profession. Also, as a result of working with the PS, there may be a need to rename positions.

Introduction of professional standards point by point (summarizing what was said in the section):

1. Issuance of an order to create a commission for the implementation of PS in the organization.
2. Conducting a commission meeting
3. Drawing up an implementation plan.
4. Determining the correspondence of positions in the organization and existing PS.
5. Rename positions if necessary.
6. Incorporating changes and innovations into job descriptions.
7. Making changes to the wage system.
8. Development and implementation of activities aimed at retraining workers.
9. Certification of workers.
10. Carrying out other organizational activities for the implementation of the PS.

If the work entitles the employee to any benefits or compensation, and is also associated with restrictions, then employment contract the title of the position should be reflected in the same way as in the PS or qualification reference books.

It is worth noting that there may be differences between the qualification reference book and professional standards. For example, positions that are entitled to a preferential pension do not match. The equivalence of these concepts is planned to be established in the future by the Government of the Russian Federation. The decision on this issue must be documented in a protocol. Because in the event of an audit, it is the protocol that will answer the question - “Why is the job title not the same as that indicated in the PS.” This fact will also help in case of conflicts with employees or complaints from inspection authorities.

The PS reflects sufficiently detailed information, concerning the requirements for the education of specialists, as well as their work experience and other knowledge and skills.

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Qualification requirements for specialists in various industries

For an accountant of a budgetary institution:

1. The minimum requirement is secondary specialized education.
2. Work experience - at least 3 years for a simple accountant, at least 7 years for a chief accountant, including 5 years in the relevant field.

For the head of an educational institution:

1. Prior to appointment, work in a teaching or management position for at least 3 years.
2. Do not have a ban on engaging in teaching activities.

For the head nurse:

1. Secondary specialized or higher education in the field of nursing.
2. If you have a specialized secondary education, your experience is at least 10 years; if you have a higher education, you have at least 5 years of experience.

For the programmer:

1. For a programming technician, as well as a junior programmer, the absence of higher education and work experience is acceptable.
2. It’s the same for a programmer, but work experience must be at least 6 months and must be in the field of software development.
3. A software engineer and senior programmer must have a higher education and at least one year of experience in the specified field.
4. For a leading programmer, higher education and at least 3 years of experience are required.

Thus, by comparing the positions available in the organization with the PS requirements, it is possible to find out whether the employees meet the basic requirements. If the answer to this question is negative, the employee can be offered two options - send him for training or transfer him to another position that corresponds to the level of his knowledge, experience and education. By the way, training can be paid for both by the organization and by the employee himself. The training procedure is fixed in the employment contract or an additional agreement to it.

After determining the needs of employees for training and retraining, a training plan for the current year should be drawn up and submitted to the manager for approval.

This document contains the following information:

• Last name, first name, patronymic of employees.
• Positions.
• Description necessary training or retraining.
• Explanation of the reasons for sending employees to training.
• Period of training events.
• Reasons for choosing a specific educational service provider.

This document may be useful in the event of an audit, as it reflects the fact that the employer has conscientiously implemented professional standards.

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Who draws up the professional standard of a teacher and others

Who it professional teacher? Given Additional Information, documents for the application of professional standards for teachers, accountants, and auditors.

PS can be compiled:

1. Employers.
2. Professional communities.
3. Self-regulating companies.
4. Other non-profit firms with the participation educational institutions vocational education and other organizations that are interested in this.

Professional standards

1. Register of professional standards
2. Dictionary and reference guide "Development and application of professional standards"
3. Expert database for developing and discussing professional standards
4. Register of professional qualifications councils

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The Ministry of Labor in letter No. 14-2/ОOG-6465 dated July 6, 2016 once again reminds that professional standards are only advisory in nature for many employers.

But, if in accordance with the Labor Code of the Russian Federation or other federal laws the performance of work in positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then according to the names of positions, professions, specialties and qualification requirements for them must comply with the names and requirements specified in qualification reference books or professional standards.

In cases where the names of positions, professions, and specialties are contained in both qualification reference books and professional standards, the employer independently determines which regulatory legal act to use, with the exception of cases provided for by federal laws and other regulatory legal acts of the Russian Federation.