Professional standards. Professional standards: professional standards approved by the Ministry of Labor of the Russian Federation

This article will be of interest to personnel managers, heads of personnel services in the transition to professional standards. Since it is necessary to make changes to all personnel documents, starting with the staffing table 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 the rest of the workers, the professional standards are advisory in nature.

What you will learn from this article:

What is professional standard
For whom professional standards are mandatory
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 necessary for an employee to carry out a certain type professional activity... This definition is given by Part 2 of Article 195.1 of the Labor Code. The professional standard is a new concept that was introduced into the Labor Code only at the end of 2012. The need to introduce professional standards was due to the fact that job characteristics contained in the Unified Qualification References 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 than 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 sphere 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 billing works, assigning tariff categories employees;
when establishing remuneration systems, taking into account the specifics of the organization of production, labor and management (sub. "a", clause 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 bill on the application of professional standards was submitted to the State Duma of Russia a year ago - in May 2014. However, during the 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 obligatory?" So, from July 1, 2016, a new article of the Labor Code - 195.3 - comes into force. It defines the order in which professional standards are applied.

The new rules establish situations when the application of professional standards becomes mandatory for employers. So, if the Labor Code, other federal laws, and 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 from 1 July 2015).

Thus, in order for the professional standard to become mandatory for 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, individuals hired for underground work must meet the qualifications established by the occupational standard (or qualification handbook).

Such a rule is provided for in part 1 of article 330.2 of the Labor Code. Accordingly, the employer must apply a professional standard (or qualification guide) in this situation. Note! There is a point of view according to which, from July 1, 2016, all employers in mandatory will have to apply professional standards.

Supporters of this position substantiate their conclusion as follows: according to the new rules, professional standards are mandatory for employers to apply if the Labor Code, federal law or other regulatory legal act establishes requirements for qualifications. The professional standard itself is approved by the order of the Ministry of Labor of Russia, and this is a normative legal act. Accordingly, if there is such a legal act, then it is mandatory to apply it. In our opinion, this position does not correspond to the legislation 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 the qualifications contained in the professional standards as a basis for determining the requirements for the qualifications of workers, taking into account the specifics of the work functions performed by workers, due to the technologies used and the adopted organization of production and labor.

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

In particular, the Russian Union of Industrialists and Entrepreneurs (RSPP) comes forward with an initiative to postpone the entry into force of the new provisions of the Labor Code on professional standards until a mechanism for employers to apply professional 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 comply with professional standards.

Amendments to the Labor Code will come into force on July 1, 2016 (Federal Law No. 122-FZ dated May 2, 2015). From that time on, professional standards will become mandatory for some 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 methodological recommendations on the application of professional standards, but so far such recommendations have not been issued. In 2015, professional standards were tested for efficiency in 18 state-owned companies. Taking into account their experience, we will analyze where to start work on the implementation of professional standards in the organization.

One employee cannot implement professional standards in an organization. The best option- to form a working group and instruct it to develop an action plan for the transition to professional standards. For 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 personnel management department, legal and economic planning departments, and accounting. They will have to refer to professional standards in their daily work.

Who draws up professional standards:

employers' associations;
employers;
professional communities;
self-regulatory 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 you can track. Write what needs to be done, by what date (intermediate terms by which the contractor must submit part of the work or draft document), indicate the 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 against 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 the professional standards apply to your organization, put the staffing table in front of your eyes, think about what this or that position is needed for, what it was created for. 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" (Layout of the professional standard approved by order of the Ministry of Labor of Russia dated April 12, 2013 No. 147n).

Compare the main purpose of the profession by standard with the purpose of working for a position in your organization. When making a selection of standards, also pay attention to the column "Activity group" in the general information section. This graph can serve as an additional hint (but by no means the main one). This will help you find the right standard for your job. Report on the results of 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 item is not covered by the standard. The name of the professional standard is not the name of the position. A professional standard is developed not for a position or profession, but for a type of professional activity. The type of professional activity is a set of generalized labor functions of 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 to rename.

If the organization has types of professional activities for which standards have come out, check how the existing system of work for the existing position complies with the data of the standard. Pay attention to the name of the position, the content of the labor function prescribed in the labor contracts of employees or job descriptions (paragraph 3 of part 2 of 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:

Personnel development and training specialist
Personnel evaluator
Labor Relations Specialist
Specialist in the field of settlement of labor conflicts (social policy)
Organizational Development Specialist
Compensation and Benefits Specialist
Labor migration specialist
Social Policy and Labor Relations Specialist

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

There are discrepancies in the texts of the professional standard and the classification reference book. The position proposed in the professional standard may not coincide with the position on the list harmful professions giving 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, what to name the position, we recommend discussing this issue at a meeting of the working group on the implementation of professional standards. The decision should be formalized in a protocol. When checking, the protocol will help to substantiate why the title of the position does not coincide with the one proposed in the professional standard. This procedure will make it possible to hedge against risks not only in the event of claims from the inspection authorities, but also in 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 has created a working group that has developed an action plan for the transition to professional standards. When we checked the names of positions and professions in the staffing table and in professional standards, we found a discrepancy. The staffing table contains the position of "Occupational Safety Engineer".

This name is not provided for by the relevant professional standard as possible (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 professional development and experience. practical work in the field of personnel management in managerial positions for at least five years.

Such requirements are established according to the generalized labor function 3.8, which is part of the professional standard "Human Resources Specialist", 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 meet the criteria prescribed in the standard, he can be offered a transfer to another suitable job or sent to training. The 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 of article 196 of the Labor Code of the Russian Federation). The training procedure can be enshrined in a collective agreement, an employment contract or an additional agreement to it, in an apprenticeship contract (part two of Art. 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 an on-the-job refresher course, he retains his main job and average earnings(Article 187 of the Labor Code of the Russian Federation). Example LLC "Marta" transferred 10,000 rubles to the university. for training employee Roman S.

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

The term of service must be reasonable. In some cases, organizations are required to provide vocational 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 Federal law dated November 21, 2011 No. 323-FZ). Advanced training of doctors every five years is one of the licensing requirements for an employer who conducts medical activities (subparagraph "g" of clause 5 of the Regulation approved by the Government of the Russian Federation of April 16, 2012 No. 291).

Also, additional vocational education for civil servants, etc. is mandatory (clause 6 of part 1 of article 15 of the Federal Law of July 27, 2004 No. 79-FZ). Important article: "Occupational standards: how to organize work after they have been approved." Once you understand the training and development needs of your employees, draft a training plan for your employees. this year and approve it with the head of the organization. Indicate in the plan: full name and the position of employees, what 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 when checking.

It confirms that the employer is committed to complying with the law. What are the requirements of the professional standard for personnel officers? Any professional standard contains a description of labor functions performed in this type of activity, as well as requirements for the knowledge, skills and work 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 170n). In the first section of the professional standard for a specialist in personnel management, the purpose of this type of activity is determined.

It ensures that the human resources management system works effectively and helps to achieve the goals of the organization (section I of the professional standard for the personnel officer). The standard provides for eight basic labor functions (section II of the professional standard for a personnel officer). Each of these areas requires a certain level of qualifications, the presence of an appropriate education, and sometimes practical work experience (table below). Full list requirements for a personnel officer read in the 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 requirements for the qualifications of an employee are spelled out in a law or other regulatory document.

Example:

In public joint stock companies, insurance organizations, non-governmental pension funds for the chief accountant it is obligatory (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 higher education in the field of accounting and auditing, no, then the experience must be at least five years out of the last seven calendar years; absence of an unexpunged or outstanding conviction for crimes in the sphere of economics (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 (Appellate ruling The Supreme Court RF 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 reference books or professional standards (paragraph 3 of part two of article 57, part three of 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 examination and application for 2014 - 2016
All-Russian classifier of specialties of higher scientific qualifications The list of professions and specialties of secondary vocational education necessary for application in the implementation of priority areas of modernization and technological development of the economy of the Russian Federation
List of specialties and areas of training for higher education, corresponding to the priority areas of modernization and technological development of the Russian economy
Collection normative documents"Formation of a national qualifications system"
Dictionary and reference manual "Development and application of professional standards"
Expert base for the development and discussion of professional standards
Register of tips for professional qualifications
Also, professional standards are taken into account when billing work and assigning tariff categories, when establishing tariff systems wages (parts eight, ninth article 143 of the Labor Code of the Russian Federation).

When developing a remuneration system for employees of state and municipal institutions (part five of article 144 of the Labor Code of the Russian Federation); when applying 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 human resources specialist is not yet mandatory. The employer has the right to establish more than soft requirements than recommended by the standard.

At the same time, companies have the right to use the provisions of professional standards when developing job descriptions, recruiting personnel, organizing employee training, carrying out personnel certification, etc. (Clause 25 of the Rules approved by Decree of the Government of the Russian Federation No. 23 dated January 22, 2013).

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

If his level of knowledge turns out to be lower, you can offer him to get additional education and choose a training program. An employee can be dismissed for not complying with the new internal regulations of the organization only based on the results of certification, if it is impossible to transfer him with written consent to another existing job. And also in the event that there are no vacancies or places in the company (clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation).

29.06.2016 06:24

From July 1, 2016, amendments to the Labor Code come into force, which are introduced by Federal Law No. 122-FZ of May 2, 2015 regarding the application of professional standards. In particular, a new article 195.3 "Procedure for the application of professional standards" appears in the Labor Code. In this regard, many questions arise: what are the consequences of the innovation for employers, for whom the application of professional standards is mandatory, is it possible to fire an employee for non-compliance with professional standards, etc.?

As shown by the poll of "Agency Contact", the majority of HR-directors of Russian and international companies not ready for changes, because they do not understand what exactly they need to do, and do not have sufficient information on this issue. At the same time, 73% of respondents are sure that the changes will primarily affect government and municipal enterprises... Is it so? Let's try to figure it out.

Professional standards - what are they?

According to the provisions of article 195.1 of the Labor Code, professional standards are a characteristic of the qualifications required for an employee to carry out a certain type of activity. Thus, professional standards include requirements for the knowledge and skills of the employee, as well as for his professional skills and experience. Information about all existing professional standards is posted in the register on the website of the Ministry of Labor.

Compared to the Unified Qualification Reference Book for the Positions of Managers, Specialists and Employees (TS), as well as the Unified Tariff and Qualification Reference of Work and Occupations of Workers (ETKS), the professional standard is a complex document with a more detailed description of labor functions and requirements for employees.

The "Rules for the development, approval and application of professional standards" indicates that employers apply professional standards in the case of:

formation of personnel policy and personnel management;
development of job descriptions;
organization of training and certification of employees;
tariffication of work and assignment of tariff categories to employees;
establishing a remuneration system.

Application of professional standards in 2016: for whom is it obligatory?

Article 195.3 of the Labor Code contains a clarification that should be noted: “If this Code, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply. " The concept of "qualifications of an employee", according to article 195.1 of the Labor Code, includes the level of knowledge, skills, professional skills and work experience. Thus, professional standards will become mandatory only in the part in which there are coincidences with the mandatory requirements contained in the normative act. If the regulations do not say about the mandatory application of the professional standard, then the employer should use its provisions as a basis for determining the requirements for the qualifications of employees. In a word, in this case the professional standard will be of a recommendatory nature.

Paragraph 3 of Part 2 of Article 57 of the Labor Code contains a clause that should not be ignored either: if the performance of work is associated with the provision of compensation and benefits or some restrictions, then the name of positions, professions or qualification requirements to them must correspond to the qualification reference books of positions or the relevant provisions of professional standards... The italicized phrase appeared in paragraph 3 of part 2 of article 57 of the Labor Code since 2013 as amended. Prior to this, the norm indicated the correspondence of the name of the position, professions or qualification requirements to the qualification reference books of positions. Thus, since 2013, nothing new has appeared in this part.

On professional standards, other questions often arise: does the organizational and legal form of an organization affect the mandatory application of professional standards? Does the innovation concern commercial organizations or does it only apply to budgetary organizations? Should SPs Implement Standards?

Please note that the Labor Code does not mention the organizational and legal form of the employer, who is obliged to apply professional standards in 2016. The obligation to apply professional standards does not depend on this in any way. Occupational Standards - 2016 become mandatory only if the Labor Code, another federal law or other regulatory legal act the requirement for the qualifications of the employee is indicated.

What to do with employees who already work for the company?

It must be borne in mind that not all the requirements of the professional standard are mandatory, but only the requirements for the name of the position and for qualifications, that is, for knowledge, skill, skills, experience, are mandatory. As for the description of the labor function, the employer independently determines to what extent he will take information from the professional standard to develop a job description for a particular employee.

Those employers who will not be subject to the requirements of the Federal Law, the Labor Code and other regulatory legal acts regarding the requirements for the qualifications of an employee, will, in accordance with the new Article 195.3 of the Labor Code, take occupational standards as a basis. This means that only the employer independently determines to what extent he will be guided by the professional standard, if the professional standard is not required.

The employee does not meet the professional standard - what to do?

If an employee's activities are associated with harmful and dangerous working conditions and certain benefits and guarantees are provided to him, then the requirements of professional standards in 2016 in terms of job titles and qualification requirements become mandatory. At the same time, the entry into force of professional standards is not a reason for dismissing an employee (see clause 10 of the Information of the Ministry of Labor dated 05.04.16), if it turns out that he does not comply with professional standards.

What should be the employer's actions in this case? He can conduct an attestation, based on the results of which the attestation commission will draw conclusions whether the employee corresponds to the position he occupies or not. But will it then be possible to fire an employee if it turns out that he does not meet the qualification requirements for the position he occupies? This is a rather controversial issue.

The law comes into force on July 1, 2016 and has no retroactive effect. If the employer conducts certification, then one would like to believe that he will carry it out in order to make a decision on sending the employee to further professional development in order to raise his professional level to the required requirement. Another thing is new employees who will be hired by the employer after July 1, 2016: they will need to be clearly selected according to the qualification requirements that are spelled out in the professional standard.

What if the company employs employees for whom the application of professional standards in 2016 is mandatory?

In this case, the register of professional standards on the website of the Ministry of Labor will help. It is necessary to check whether it contains a professional standard for such workers. If there is, then compare the provisions contained in this professional standard with the staffing table and job descriptions. If discrepancies are found, it will be necessary to amend the documents.

For example, it may turn out that the title of the position differs from the professional standard. Then you need to change the document in accordance with article 74 of the Labor Code and notify the employee about these changes two months in advance. It is important, however, that this change does not affect labor function workers.

Non-application of professional standards in 2016: responsibility

Since the application of the requirements of professional standards, in accordance with Articles 57 and 195.3 of the Labor Code of the Russian Federation, is mandatory in a number of cases, an employer who ignores these requirements runs the risk of receiving an order to eliminate violations labor legislation... He can also be fined on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation (“Violation of labor legislation and other regulatory legal acts containing norms labor law»).

If the application of professional standards in 2016 is not necessary, then, according to clause 13 of the Information of the Ministry of Labor dated 04/05/16, there are no grounds for bringing the employer to responsibility for their failure to use them.

Copying and any processing of materials from the site site is prohibited

In less than a month - from July 1, 2016, professional standards will become mandatory for employers in cases specified by law. A new article of the Labor Code of the Russian Federation will come into force. The standards apply to citizens who are already in their positions, and those who will only be hired. Employees must meet the requirements for the profession if they are established by the Code, Federal laws or regulations.

The innovation raises a lot of questions from employers themselves and from employees whom it concerns. What should employers who are obliged to implement professional standards do, and what awaits employees if they do not meet them? Most of the doubts and worries have already been dispelled by the official explanations of the Ministry of Labor. Since the Federal Law No. 122 dated 02/05/2015 on amendments to the Labor Code of the Russian Federation came out, there have been many disputes and contradictions. Now, when there are only a few days left before the Law comes into force, the topic has become burning again. Let's figure out what issues about professional standards still worry employers and employees.

What is professional standard

Professional standard - the level of qualifications that an employee needs to work in a specific professional field... Qualification is a requirement for skills, knowledge, skills and experience. This definition is given by the Labor Code of the Russian Federation. At the same time, the professional standards developed by the Ministry of Labor are in the form of documents, approximately of the same structure. Occupational standards are replacing qualification reference books - EKS and ETKS, describing the functions of workers in more detail and clearly. Professional standards continue to be developed - there are already more than eight hundred of them, and this is not the limit. After approval by the Ministry of Labor, each newly created standard falls into a special register. You can look into it on the official website of the ministry

Employers use professional standards to:

manage personnel and develop personnel policy;
establish a remuneration system for employees;
define the function of employees;
think over job descriptions;
set wages for employees government agencies;
apply tariffs and establish grades for the workers who are entitled to them;
train, retrain and certify employees.

Why are professional standards introduced?

The Ministry of Labor answered this question in information letter dated April 4, 2016 N 14-0 / 10 / 13-2253. Officials explained that standards are needed to keep information about professions and the required skill level up to date. This will help employers to reduce the costs of hiring citizens for work - only people who knowingly meet the requirements will be able to apply for a vacancy. That will increase labor efficiency and affect the competition among employees. In the future, the requirements for specific professions will be taken into account already during training, at the stage of personnel training - the state will create suitable educational programs.

Is it obligatory to apply professional standards

The use of professional standards is not totally binding. The employer is obliged to implement them in two cases:

According to the Labor Code of the Russian Federation (new article 195.3, which has not yet entered into force), the requirements of professional standards are mandatory if they are established by the Labor Code of the Russian Federation, Federal Law, or other regulatory legal acts of the Russian Federation.
According to article 57 of the Labor Code of the Russian Federation, the compliance of positions (including titles) and the requirements for them with professional standards or EKS (ETKS) is mandatory if, according to the law, citizens in these positions are entitled to benefits, compensation, or restrictions are established.

From July 1, 2016, the Government will be able to dictate the rules for the application of professional standards by off-budget state funds, state institutions, corporations, and societies, which have more than 50% authorized capital belongs to the state. For organizations with a large share of state participation, the use of professional standards will also become mandatory.

In other situations, a professional standard is a recommendation for employers. It can be used as a basis to understand the requirements of the profession. But if the law does not oblige the employer to use or not to use a professional standard, then it personal choice... True, if the organization voluntarily switches to the use of standards and fixes this decision in the accounting policy, it will be obliged to bring the official functions of employees to conformity.

Who can not follow professional standards

If a professional standard is not obligatory for an employer by virtue of the law, then he has the right to establish other requirements for employees than those developed by the Ministry of Labor. Officials advise against completely ignoring the standards. Professional standards are just a guideline for:

employers who do not use the labor of specialists on privileges or workers in professions with established restrictions;
employers whose share of state participation in the assets of the company is less than 50%, if they do not employ workers in preferential professions and professions with restrictions;
employers who are not subject to any norm of the Labor Code of the Russian Federation, Federal Law or other normative act on the professional standard, subject to the first two conditions.

Frequently asked questions FAQ

Let's take a look at popular questions about the application of professional standards.

Do only state and municipal enterprises use professional standards, or do they apply to all organizations?

The form of ownership and the status of the enterprise are not important. Initially, it was planned to introduce professional standards only in the public sector, but during the development of the project, the goal has changed. Since July 1, 2016, professional standards have been applied in all organizations that fall under the requirements of the Labor Code of the Russian Federation, federal laws and regulations of the Russian Federation.

If the employee does not meet the professional standard, is he fired?

Bringing the work of citizens in line with professional standards in an organization is not a reason for dismissing employees. There is no such norm in the Labor Code of the Russian Federation - dismissal on this basis is unlawful. Even if the qualifications of the employee are not appropriate, and even if he does not agree to undergo retraining and training. Requirements for skills, length of service and education are mandatory only in case of benefits, compensation or restrictions for a specific position, or if they are established by law. If the education or experience does not correspond to the norm, and the professional standard is obligatory for use, the employer has the right to certify the employees. People without appropriate experience and training, who at the same time competently perform duties and possess practical experience, can be appointed to the position by decision of the attestation commission. An employee is dismissed only if the attestation commission makes a decision on the inadequacy of his position.

Do I need to bring the job description and the employment contract with the employee in line with the professional standard?

If the use of a professional standard is not necessary, then change the job description and labor contract no need. If the professional standard has already entered into force and is mandatory for application in a specific case, the algorithm of action is as follows:

check if the title of the positions corresponds to the standard, enter new positions if necessary;
check whether the duties of employees correspond to the requirements for labor functions described in the professional standard;
if there is a discrepancy, amend the employment contract by agreement with the employee;
conduct personnel qualifications to verify compliance necessary requirements;
if the knowledge does not match, develop a procedure for training and retraining.

When do you have to change the title of the position?

If the performance of work involves benefits, compensation, or restrictions, then the position should be named as indicated in the professional standard or qualification reference book.

Example: The government has approved a list of professions according to which employees of these positions are entitled to early retirement. These are teachers, doctors, workers in hazardous and hazardous industries, etc. In order for an employee to receive a benefit, the title of the position must meet either the professional standard or the EKS (ETKS). Both documents are legally binding, as they are approved by the Ministry of Labor. If the names of the professions differ in them, then the employer has the right to choose which document to take as a basis. At the same time, compliance with the professional standard is a priority, since this document is later.

The procedure for renaming a position is not provided for by law. The name is changed by transferring the employee to new position... For this, an additional agreement is concluded, a new entry is made in the work book and personal card. If the employee is against the transfer, then the employer can only resort to downsizing. A position with an incorrect name is excluded from the state, a new one is introduced instead. The reduction procedure is carried out according to the rules of Article 81 of the Labor Code of the Russian Federation: notification of an employee 2 months in advance, proposal of alternative positions, etc.

Who pays for the retraining of workers needed to meet the professional standard?

According to article 196 of the Labor Code of the Russian Federation, whether training and additional training is needed for employees, the employer decides. The provision of the article does not indicate the obligation of employers to pay for training from their own funds. The terms of payment for retraining of employees are contained in collective agreements, labor contracts and additional. agreements - in local acts of a separate organization.

What threatens from July 1, 2016 for non-application of professional standards?

In cases where the use of standards is mandatory and not recommended, from July 1, 2016, if a discrepancy is found during verification, the employer is threatened with:

Order to eliminate violations of labor legislation;
Failure to comply with the prescription, a fine under Article 5.27 of the Administrative Code. For legal entities this amount is up to 200,000 rubles.

From July 1, 2016, employers will have the obligation to comply with the requirements for the qualifications necessary for an employee to perform a labor function. This is due to the entry into force of the amendments introduced by the Federal Law of 02.05.2015 N 122-FZ "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 - Federal Law N 122-FZ How obligatory is the application of professional standards in organizations? Can the employer be held accountable for their non-application? Is it necessary to fire workers if their level of education or work experience does not correspond to that specified in the professional standard? What explanations are provided in the Information of the Ministry of Labor of Russia dated 04.04.2016 "On issues of application of professional standards "(hereinafter - Information from 04/04/2016)?

What is a professional standard and what is it for?

According to the amendments made to the Labor Code of the Russian Federation by the Federal Law of 03.12.2012 N 236-FZ, the Code was supplemented by Art. 195.1, which introduced the concepts of employee qualifications and professional standards. In accordance with the provisions of this article, a professional standard is a characteristic of the qualifications necessary for an employee to carry out a certain type of professional activity.
Note that from 01.07.2016, taking into account the changes provided for in paragraphs. "a" clause 2 of Art. 1 of Federal Law N 122-FZ, a clearer definition of a professional standard has appeared: this is a characteristic of the qualifications required for an employee to carry out a certain type of professional activity, including for performing a certain labor function.
The professional standard reveals specific labor functions, ranked by skill levels, depending on the complexity and responsibility of the work performed by a specialist. At the same time, the standard first designates the type of professional activity, then generalized labor functions are described, each of which includes a set of interconnected individual labor functions.

For your information. A separate labor function is implemented through the implementation of specific labor actions, the use necessary skills and knowledge (all this is also included in the standard). Thus, the professional standard is detailed description the competence a specialist needs to do the job.

In addition, the standard reflects possible job titles, educational requirements, practical work experience, and special conditions admission to work (for example, passing mandatory medical examinations, a ban on teaching, no criminal record).
The qualification level, which is established for each generalized and separate labor function, is indicated in accordance with the Order of the Ministry of Labor of Russia dated 04/12/2013 N 148n "On the approval of Qualification levels in order to develop draft professional standards" (hereinafter referred to as the Qualification levels).

Note. Qualification levels determine the requirements for skills, knowledge, qualification level, depending on the authority and responsibility of the employee.

The skill levels are given in sect. II Levels of qualifications and contain a description of the following indicators:
- powers and responsibility;
- the nature of the skills;
- the nature of knowledge;
- the main ways to achieve the qualification level.
Order of the Ministry of Labor of Russia N 148n defines nine levels, which differ from each other in the powers and responsibilities of the employee performing the corresponding labor function, as well as in the nature of the necessary skills and knowledge:
- workers who carry out the most simple work, - 1st level;
- specialists - 4th - 7th levels;
- leaders - 7th - 9th levels.
In the Information dated 04/04/2016, the Ministry of Labor indicated: professional standards are complex and reveal the knowledge and skills necessary for the employee to perform labor functions. Maintaining up-to-date information on popular and promising professions, modern requirements for employees and taking these requirements into account in the personnel training system should be provided by the state.

Note! The Ministry of Labor has updated the Directory of new and promising professions in demand in the labor market (Order of February 10, 2016 N 46 "On amendments to the Appendix to the Order of the Ministry of Labor of Russia of November 2, 2015 N 832" On approval of the Directory of new and promising professions, including those requiring secondary vocational education. " short description, requirements for education and work experience, in particular in the following industries: aircraft, automotive, nuclear, wood and pulp and paper industries, furniture manufacturing, housing and communal services, healthcare, forestry, hunting, food industry, rocket and space industry, fish farming and fishing, social services, finance and economics, jurisprudence, etc.

In clause 1 of the Information dated 04/04/2016, it is especially noted: responsibility and authority for making personnel decisions are the powers of employers, and the professional standard sets the bar for modern requirements and guidelines for building personnel policy.
Moreover, increasing professional level workers has a significant impact on labor productivity, reducing the costs of employers for the adaptation of workers to employment, as well as on the competitiveness of workers in the labor market.
Where can you find the content of professional standards? The Ministry of Labor maintains a register of professional standards (a list of professional activities), which is posted on the websites of the Professional Standards software and hardware complex (http://profstandart.rosmintrud.ru) and the Scientific and Methodological Center of the Professional Qualifications System of the Federal State Budgetary Institution Scientific Research Institute of Labor and social insurance "Ministry of Labor (http://vet-bc.ru).
These resources contain all information about professional standards, including the adoption of new professional standards, amendments to existing standards, as well as standards being developed and planned for development.
How often will professional standards be updated (added)? The development of professional standards in accordance with Decree of the Government of the Russian Federation of January 22, 2013 N 23 "On the Rules for the Development, Approval and Application of Professional Standards" (hereinafter - Decree of the Government of the Russian Federation N 23, Rules) is carried out taking into account the priority areas of economic development and the proposals of the National Council under the President of the Russian Federation for professional qualifications. The need for their development is also determined taking into account the information provided in the Directory of new and promising professions in demand on the labor market (as amended by Order of the Ministry of Labor of Russia N 46).
Amendments to professional standards are made, as in other regulations, if there are justified proposals or appropriate changes in the legislation of the Russian Federation. Changes are made in the same manner as the development and approval of standards in accordance with the Decree of the Government of the Russian Federation N 23.

For your information. According to paragraphs. "a" clause 25 of the Rules of professional standards can be used:
- in the formation of personnel policy and in personnel management;
- when organizing training and certification of employees;
- when billing work and assigning wage grades to employees;
- when establishing remuneration systems.

Is it obligatory for all employers to apply professional standards?

The Labor Code establishes the mandatory application of the requirements contained in professional standards, including when hiring, in the following cases:
- according to Part 2 of Art. 57 of the Labor Code of the Russian Federation, the names of positions, professions, specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books or professional standards, if, in accordance with the Labor Code of the Russian Federation or other federal laws, the provision of compensation and benefits or restrictions;
- by virtue of Art. 195.3 of the Labor Code of the Russian Federation, the requirements for the qualifications of employees contained in professional standards are mandatory for the employer if they are established by the Labor Code of the Russian Federation, other federal laws, and regulatory legal acts of the Russian Federation.
In other cases, these requirements are advisory in nature.

Note! The obligation to apply the requirements of professional standards is established for the cases provided for in Art. Art. 57 and 195.3 of the Labor Code of the Russian Federation, and does not depend on the form of ownership of the organization or the status of the employer.

As for state and municipal organizations, given the importance of introducing professional standards to increase labor productivity, ensure the quality of work performed (services provided), these organizations should analyze the professional competence of workers (check for compliance with professional standards), if necessary, draw up a plan for training workers and obtaining by them of additional professional education within the budget for the corresponding year.
In the Information dated 02/10/2016 "On the Application of Professional Standards in the Sphere of Labor", the Ministry of Labor specified: Art. 4 Federal Law N 122-FZ provides for the right of the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, to establish the specifics of the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state-owned companies and business entities, more than 50% of shares (stakes) in the authorized capital of which are in state or municipal ownership.

For your information. According to Art. 195.3 of the Labor Code of the Russian Federation, the requirements of the professional standard are mandatory only in terms of the requirements established in the Labor Code, other federal laws, and other regulatory legal acts of the Russian Federation. Other regulatory legal acts mean decrees and orders of the Government of the Russian Federation, orders of federal executive bodies that establish special requirements to workers performing certain labor duties that bear the normative legal character(for example, orders of the Ministry of Transport, etc.). In this case, in terms of requirements, these regulatory legal acts apply.

In order to assist employers and workers, the Ministry of Labor has developed Guidelines on the use of professional standards in practice. The draft of the corresponding order as of 09/02/2014 is posted on the website http://regulation.gov.ru/, however, the timing of the adoption of this document is still unknown. Note that the development of the Recommendations was carried out in accordance with clause 2 of the Comprehensive Plan of Measures for the Development of Professional Standards, Their Independent Professional and Public Expertise and Application for 2014 - 2016, approved by the Order of the Government of the Russian Federation of March 31, 2014 N 487-r.

Do employers have the right to be guided by the ETKS and TSA norms?

Will ETKS and TSA be canceled? In clause 4 of the Information dated 04/04/2016 it is explained that in the future it is planned to replace ETKS and EKS with professional standards, as well as individual industry requirements for the qualifications of workers, approved by legislative and other regulatory legal acts that are already in place (for example, in the field transport, etc.). But such a replacement, according to representatives of the department, will take place over a fairly long period.

For your information. Unlike ETKS and EKS, the description of the qualification characteristics in the professional standard provides for the use of an actual structure in the form of combinations of requirements for the level of knowledge of the employee, his skills, professional skills and work experience.

What documents should the employer use if the qualification reference book and professional standard for similar professions (positions) contain different qualification requirements? According to the explanations given in clause 5 of the Information dated 04/04/2016, the employer independently determines which regulatory legal act he uses, with the exception of cases provided for by federal laws and other regulatory legal acts of the Russian Federation.

How will the entry into force of the regulation on the application of professional standards affect the formalization of relations with employees?

In the Information dated 02/10/2016, the Ministry of Labor drew attention to the fact that Federal Law N 236-FZ amended Art. 57 "Content of an employment contract" of the Labor Code of the Russian Federation. According to part 2 of this article, the names of positions, professions or specialties in labor contracts and qualification requirements for them must correspond to the names and requirements specified in qualification reference books or professional standards, if the Labor Code of the Russian Federation, other federal laws provide for the right of employees to provide them with compensations, benefits or any restrictions when working in these positions (by professions, specialties). Thus, in in this case when drawing up a staffing table, filling out work book employee, as well as when changing the tariff category in terms of the name of the employee's position, one should be guided by the current ETKS, EKS and professional standards.
Should the requirements of the professional standard be spelled out in the labor contract (job description) of the employee in full, or can there be any assumptions? The employer determines the content of the employment contract (taking into account Article 57 of the Labor Code of the Russian Federation) and job duties workers. At the same time, the professional standard can be used as a recommendatory methodological document, except for the requirements it contains, provided for by the Labor Code, other federal laws, and other regulatory legal acts of the Russian Federation.
The employer applies professional standards to determine the need for workers with a specific skill level, correct selection and the placement of personnel, the rational division and organization of labor, the delineation of functions, powers and responsibilities between categories of workers, the definition of the labor duties of employees, taking into account the characteristics of the technologies used, the organization of training (vocational education and vocational training) employees and their receipt of additional professional education, labor organization, the establishment of remuneration systems.
Can employee responsibilities, education and seniority requirements change automatically due to the adoption of a professional standard? The duties of employees cannot be changed automatically due to the adoption of a professional standard. The objective basis for changing responsibilities associated with the performance (provision) of any work (service) is a change in the organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, etc.), and even in these cases, according to Art. 74 of the Labor Code of the Russian Federation, a change in the labor function of an employee at the initiative of the employer is not allowed. It can be changed in accordance with Art. Art. 72, 72.1 of the Labor Code of the Russian Federation on the basis of an agreement between the employee and the employer to amend determined by the parties terms of the employment contract.
Can an employment contract with an employee be terminated if his level of education or work experience does not correspond to that specified in the professional standard? Is it possible to dismiss this employee (if he refuses to undergo training), given that the Labor Code of the Russian Federation does not contain such a basis for dismissal? Regarding the compliance of employees with the requirements for education and work experience contained in professional standards, in paragraph 10 of the Information dated 04.04.2016, the Ministry of Labor emphasized: these requirements are mandatory if the performance of the relevant work is associated with the existence of benefits, guarantees and restrictions, or if the corresponding the requirements have already been established by the Labor Code of the Russian Federation, other federal laws, and other regulatory legal acts of the Russian Federation.
The entry into force of a professional standard is not a basis for dismissing an employee. The admission of the employee to the performance of the labor function is the authority of the employer.

Note. An exhaustive list of reasons for terminating an employment contract on the initiative of the employer is given in Art. 81 of the Labor Code of the Russian Federation. One of them is the inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification (clause 3 of part 1 of article 81 of the Labor Code of the Russian Federation).

The employer also has the right to carry out certification of employees. So, when applying qualification manuals and professional standards, persons who do not have special training or work experience established in the section "Requirements for qualifications", but who have sufficient practical experience and perform the job duties assigned to them with high quality and in full, on the recommendation of the certification commission are appointed to the relevant positions in the same way as persons with special training and work experience.
Should workers bring their qualifications in line with the requirements of professional standards? Is the employer obligated to send them to training and does he bear the associated costs? According to Art. 196 of the Labor Code of the Russian Federation, the employer determines the need for training (vocational education and vocational training) of employees and receiving additional vocational education for their own needs. The training of employees and their additional vocational education are carried out by the employer on the terms and in the manner determined by the collective agreement, agreements, labor contracts.
If the duties performed by the employee are broader than those contained in the professional standard labor functions and labor actions, does he have the right to demand an additional payment for combining professions? Although this issue is not related to the application of professional standards, in clause 12 of the Information dated 04/04/2016, the Ministry of Labor expressed its opinion: when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified labor contract, the employee is paid in accordance with the provisions of Art. 151 of the Labor Code of the Russian Federation.
What does an accountant need to meet the qualification requirements of the standard? Let us refer to the Letter of the Ministry of Labor of Russia dated 12.01.2016 N 14-3 / B-3. The specialists of the department explained that the Professional standard "Accountant" (approved by Order of the Ministry of Labor of Russia dated December 22, 2014 N 1061n, which entered into force on February 7, 2015) established the minimum requirements for the position of an accountant, including a beginner: secondary specialized education in the direction of training "Economics and Management". In the absence specialized education the accountant must have additional professional education in special programs and work experience of at least three years in the field of accounting and control (for example, in the position of an assistant accountant). Thus, the availability of additional professional education in special programs and work experience of at least three years are the requirements for applicants who do not have a specialized education.

What are the sanctions for non-application or misapplication of professional standards?

If the specified mandatory legal requirements are not met, the employer may be issued an order to eliminate the identified violations of labor legislation, and he may also be held administratively liable in accordance with Art. 5.27 of the Administrative Code of the Russian Federation. In other cases, the requirements of the inspection bodies in terms of the application of professional standards are inappropriate.
Recall that on the basis of Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation and other normative legal acts containing labor law norms entails a warning or the imposition of an administrative fine:
- on the officials- in the amount of 1,000 to 5,000 rubles;
- on persons carrying out entrepreneurial activity without forming a legal entity - from 1000 to 5000 rubles;
- on the legal entities- from 30,000 to 50,000 rubles.

From 01.07.2016, the use of professional standards (hereinafter also referred to as professional standards, standards) is mandatory for many institutions. Who is eligible for 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 correctly?

Employers will apply professional standards in the formation of personnel policy and personnel management, the organization of training and certification of employees, the development of job descriptions, the tariffication of work, the assignment of wage grades to employees and the establishment of remuneration 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 for workers.

Qualification guides, which still perform the same function, contain partially outdated information: 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 workforce. Also, taking into account the new requirements, local regulatory legal acts will be developed that determine the methods of incentivizing employees, and certification for the assignment of qualification categories will be carried out.

Who must apply professional standards?

Employers must apply professional standards if the employee has requirements for qualifications to perform a specific job function (Article 195.3. 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. Everything is clear with federal laws - for example, the requirements for a coach's qualifications are established by the Law on Physical Culture and Sports. According to paragraph 24 of Art. 2 of the named law, the coach must have a corresponding 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 has been 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 the assignment of titles and categories.

It should be noted that the Regulation on Sports Classification and the Unified Qualification Guide 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 sectoral NPA. But the "primary source" - the Law on Physical Culture and Sports - is federal, so the use of a professional standard is mandatory.

So, the requirements for qualifications, securing the obligation to apply 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, the laws of the constituent entities of the Russian Federation, introducing additional requirements for qualifications, are suitable for this requirement, but orders of ministries and departments are not).

What requirements of the professional standard must be applied?

To get an answer to the question posed, let us 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 the qualification requirements. Moreover, this provision also applies to situations where qualification requirements are established by law, and situations when there are no such requirements.

Qualification- the level of knowledge, skills, professional skills and work experience of the employee (Art. 195.1 of the Labor Code of the Russian Federation). A 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 labor function performed by the employee are established, then the professional standard must be applied in terms of the specified requirements. For example, a specialist who carries out the training process at the sports and recreational stage (for example, a coach-teacher), according to the approved standard, must have a secondary vocational education in the field physical culture and sports, and if he only has secondary vocational education, then he needs to undergo training in additional vocational programs in the field of physical education and sports, he should not be prohibited from engaging in pedagogical activities, etc.

And in order to train the national sports team of a constituent entity of the Russian Federation (by type of sport, sports discipline), that is, to be a coach of the national team of a constituent entity of the Russian Federation, you will need to have a higher education - undergo training under a bachelor's program in the field of physical education and sports, as well as work experience not less than 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 establishing mandatory requirements by the professional standard), we turn to the restrictions for the employer. Above the requirements established by the professional standard, the employer has no right to raise the bar. If the position "trainer-teacher" presupposes the presence of secondary vocational education, then the employer has no right to establish the obligatory higher education for 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 a basis for determining the requirements for the qualifications of employees, taking into account the peculiarities 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 Art. 195.3 Labor Code of the Russian Federation).

Employers may take this provision as a recommendation, but should look at the wording that excludes the word "may". It would be more correct in such cases to use a professional standard as a 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 also require 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 qualification level.

To the leaders budgetary organizations should take into account the provision of Part 1 of Art. 4 of Law No. 122-FZ, according to which the Government of the Russian Federation can establish the specifics of the application of professional standards in terms of the requirements that are mandatory for application by state or municipal institutions.

The Ministry of Labor began to develop such a project on 08/04/2015. At the time of the preparation of the material for publication, a public discussion of the regulatory legal acts took place, the document was sent for anti-corruption expertise. It is expected to enter into force on 01.07.2016.

How to read professional standards?

Occupational standards reveal the professional activities of specialists who are at various qualification levels and are linked by a common task, for example, managing an organization (a division of an organization) carrying out activities in the field of physical education and sports. The corresponding professional standard applies both to "simple" positions ("director of sports work", "director of a sports club", "director of a tourism and sports club", "head of a mountaineering station"), and positions that require very high level qualifications (" general manager(director) of a sports resource center "," state coach "," head coach ", etc.).

According to clause 6 of the Rules of Professional Standards, the development of the 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

V general information indicated type of professional activity- a set of generalized labor functions of a similar nature, results and working conditions. For example, for the “Athlete” standard, the type of such activity would be “Sports Activity”, and for the “Sports Judge” standard, it would be “Refereeing a Sports Competition”. The name of each type of professional activity is selected taking into account OKVED and OKZ.

It also indicates the main purpose of the type of professional activity... For example, for the “Athlete” standard, such a goal would be “Preparing for sports competitions and participating in sports competitions in certain sports, sports disciplines”, and for the “Sports judge” standard, “Ensuring compliance with the rules of the sport and competition during a sports competition ".

Count "Group of classes" 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, the group of occupations for the "Athlete" standard is one - "athletes", but for the "Sports judge" standard - "athletes (high-class athletes)" and "sports officials".

The section provides code and name of one or more types, subgroups or groups of economic activity in accordance with OKVED, to which this type of professional activity belongs (the code is indicated). So, the standard "Sportsman" has the following types of economic activities: "physical culture and health-improving activities", "additional education for children", "other activities in the field of sports", "secondary vocational education", "higher professional 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", "health and fitness activities."

Description of labor functions - filling the professional standard

Professional activity consists of generalized labor functions (OTF). Each OTF includes labor functions (TF). Description of all functions is presented in the form of a table.

This is how the OTF "Activities in preparation for competitions and participation in competitions under the guidance of a trainer (coaches)" of the professional standard "Sportsman" looks like (there are four OTFs in this professional standard):

Generalized labor functions			Labor functions
The code	Name	Skill level	Name	The code	Level (sublevel) of qualifications
A	Competition preparation activities and participation in competitions under the guidance of a coach (s)	3	Control of the level of sports readiness under the guidance of a coach	A / 01.3	3
			Preparing for competitions under the guidance of a coach	A / 02.3	3
			Performing at sports competitions under the guidance of a coach	A / 03.3	3
			Carrying out, under the guidance of a trainer, recovery activities after intense physical exertion, diseases and injuries	A / 04.3	3

It also contains the level of qualifications 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 tabular code for TF “Preparing for competitions under the guidance of a trainer”, given above (A / 02.3), means that the labor function belongs to OTF “A”, that it is the second in the TF list and that the third level of qualification is required to perform it. ...

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

This is the largest section of the professional standard, which includes the characteristics of each OTF: a description of OTF and TF that are part of them.

Pay attention to the section "Possible job titles" workers performing this OTF. So, in the "Athlete" standard, the position according to the above OTF is the only one - "athlete". But in other OTFs of this standard there are positions "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 the implementation of OTF. So, in order to fulfill the above OTF standard "Athlete", the following are required:

An employer should be helped to switch to a professional standard additional characteristics of OTF: the code of the base group and its name in accordance with the OKZ, the names of positions or professions according to the EKS and ETKS, the code and name of one or more specialties (professions), the development of which ensures the implementation of a generalized labor function. As an illustration, let us consider the simplest OTF from the above-considered 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 educational institutions carrying out activities in the field of physical culture and sports ". Here are just some of the additional characteristics:

The characteristic of each OTF includes the characteristics of the TFs included in it, the same ones 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.

Consider the TF "Control of the level of sports readiness under the guidance of a coach", which is included in the very first OTF of the "Sportsman" standard (we got acquainted with it above).

So, this TF consists of the following actions: performing a set of control exercises under the guidance of a trainer to assess general, special physical readiness, performing a set of control exercises under the guidance of a set of control exercises to assess technical and tactical readiness, etc. (the work function includes nine work actions).

Skills, knowledge and other characteristics necessary for performing TF are also indicated. 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 the theoretical foundations of physical culture and sports activity, 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 OTF and TF contains information about the level of qualifications required to complete it. The characteristics of skill levels can be found in the document Qualification levels. The more complex the TF of the employee, the higher his responsibility, the higher the level of qualifications. For example, for the implementation of the OTF "Implementation of the training process at the sports and recreation stage" (standard "Trainer"), the fifth level of qualification is required, and for the implementation of the OTF "Implementation of measures for the development of a sport in the Russian Federation, in the 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 qualifications. The employer must independently study the characteristics of the required level, including indicators: "authority and responsibility", "the nature of skills" and "knowledge", as well as the main ways to achieve the level of qualifications and apply them in the formation of requirements for their employees.

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

How to find the required professional standard?

It is difficult to find the required professional standard, since its name and job title may not coincide.

By May 2016, the Ministry of Labor approved more than 814 professional standards, by 2018 it is planned to adopt them 1,800, and the updating of the 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 corresponding order of the Ministry of Labor, registration number of the Ministry of Justice, date of entry into force. There is no text of the professional standard in the register.

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 vocational qualifications system of the Federal State Budgetary Institution "Research Institute of TSS" of the Ministry of Labor. The texts of professional standards are also found in legal systems - they can be found if you know the number of the approving order.

In order to find the required 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 HR department”, but there is a standard “HR specialist”, the required position is there.

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

The employer should keep an eye on emerging professional standards using the register of professional standards, and remember that the title of the job 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 use of a professional standard is mandatory, then the employee must comply with the level of qualifications specified in the professional standard, as well as the requirements that characterize one or another job function. If the employee does not meet these requirements, then the employer provides advanced training for this employee.

Federal Law of 02.05.2015 No. 122-FZ "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 of 04.12.2007 No. 329-FZ "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 of positions of managers, specialists and employees, approved by By order of the Ministry of Health and Social Development of the Russian Federation of 15.08.2011 No. 916n.

Regulations on the Unified All-Russian Sports Classification (ЕВСК), approved by By order of the Ministry of Sports of the Russian Federation of March 17, 2015 No. 227.

Professional standard "Trainer", approved by By order of the Ministry of Labor of the Russian Federation of 04/07/2014 No. 193n.

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

Professional standard "The head of the organization (division of the organization), carrying out activities in the field of physical culture and sports", approved. By order of the Ministry of Labor of the Russian Federation of October 29, 2015 No. 798n.