Register of professional standards of the Ministry of Labor for agriculture. About the register of professional standards (list of professional activities)

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

What are professional standards?

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

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

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

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

About the application of professional standards

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

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

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

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

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

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

Compliance of employees with professional standards: basic requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

The content of the pedagogical professional standard

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

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

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

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

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

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

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

Professional standard of the chief accountant

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

It is important to note that the professional standard classifies tax reporting as financial reporting. Wherein Russian Ministry labor is sure that an ordinary accountant will not be able to record taxes: only the chief accountant should do this.

HR specialist: professional standard and instructions

The professional sphere of personnel office work involves two main types of professional standard:

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

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

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

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

According to each function, the professional standard fixes:

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

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

General provisions of professional standards for personnel specialists

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

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

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

For whom are professional standards required?

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

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

Scientific and technological progress, the development of industries and technologies, as well as the changing labor market require the constant development of the professional skills and competencies of the employee. Qualification guides, in turn, are gradually becoming obsolete: either they do not contain new professions at all, or their description does not correspond to reality. This is precisely the reason for the need to change the current system of qualifications, or rather, the replacement of the Unified Tariff and Qualification Handbook of Works and Professions of Workers (ETKS) and the Unified Qualification Handbook of Positions of Managers, Specialists and Employees (EKS) with a system of professional standards. In this article, we will try to answer the most topical issues on the application of professional standards.

What is a professional standard?

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

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

It should be noted that earlier in the legislation there was no 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 for the performance of the employee's labor function, taking into account the specifics of the organization's activities.

The provisions of the relevant professional standards should be taken into account when developing federal state educational standards for vocational education. Thus, the problem that appeared in last years problem when a graduate educational institution possesses some professional skills, and the employer needs completely different ones.

From the history of professional standards in Russia

The emergence of professional standards is not a novelty invented in Russia, as many write, but an established world practice. By far the best practice by professional standards is in the UK.

For the first time, the topic of professional standards in Russia arose in 1997, when this term was officially used in the Program of Social Reforms in the Russian Federation for the period 1996-2000, approved by Decree of the Government of the Russian Federation of February 26, 1997 No. 222. Federal ministries and departments then included in their programs for the development of professional standards. For the next ten years, the task changed its wording and was set over and over again by the country's leadership, but no tangible steps were taken to solve it, until in 2006, on the basis of the Russian Union of Industrialists and Entrepreneurs (RSPP), the National Agency for the Development of Qualifications appeared. It was this agency that in 2007 developed the first layout of the professional standard. In 2007-2008 the first professional standards appeared.

In 2010, following the 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 set the deadlines for the preparation of a modern reference book and the development of professional standards in high-tech industries. It took about two years to complete both tasks.

In 2011, the Government of the Russian Federation established the Agency for Strategic Initiatives (ASI), which began developing road map"Creation of the National system of qualifications and competencies". After that, the Plan for the development of professional standards for 2012-2015 was approved. The experts of the Ministry of Labor prepared and approved the next layout of the professional standard and developed regulatory documents, guidelines etc. The first standards were adopted only on 10/30/2013. Decree of the President of the Russian Federation of 07.05.2012 No. 597 “On Measures for the Implementation of the State Social Policy” gave the Government of the Russian Federation the task to develop and approve at least 800 professional standards by 2015. “As of December 30, 2014, 403 professional standards were approved by orders of the Ministry of Labor,” reads 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?

From 07/01/2016 amendments were made to the labor legislation of the Russian Federation that affect whole line specialties and areas of activity. So, in accordance with the innovations, professional standards are necessary for mandatory use in practice. However, the need to use such standards is not assigned to all professions.

Characteristics of professional standards, the obligation to use them

Based on Art. 195 of the Labor Code of the Russian Federation, the professional standard determines the required level of qualification for a particular profession. That is, the employee must have the education, skills and knowledge listed in the standard. Based on the document, employers find out whether a particular subject is suitable for the designated position.

Based on the amendments to the legislation regarding professional standards, we can conclude that in 2018 their application is not mandatory for all organizations and positions.

In the text of the regulations, an indication of mandatory use is not prescribed. The answer to the question of for whom professional standards are mandatory is in Art. 195/3 of the Labor Code of the Russian Federation. This article indicates a provision according to which, if qualification requirements are provided for a specific position by the legislation, then the professional standard in terms of these requirements will be necessary for application.
Based on Art. 57 of the Labor Code of the Russian Federation, the application of professional standards is also necessary if the activity of an employee in a particular position is associated with the receipt of benefits and guarantees or implies the presence of restrictions.

So for state enterprises the use of professional standards is a necessity, while for commercial enterprises such standards are largely advisory in nature (with the exception of some positions, for example, the chief accountant).

A manager who decides to use professional standards in his activities that are not mandatory for him can independently determine which parts of the document to apply.

Mandatory professional standards for commercial structures

The mandatory application of such standards in commercial structures is an open debatable issue. In fact, commercial managers have the right to independently decide whether their activities need to be regulated in the form of professional standards. At the same time, such a decision should not be contrary to Art. 195 of the Labor Code of the Russian Federation, and apply to some positions even in non-budgetary organizations, which must be regulated without fail.

In addition, situations often arise in which employees have controversial points regarding the same profession. This is due to the provisions of the still relevant classification reference books, which may conflict with professional standards. To resolve this issue, it is necessary to use the data from the Letter of the Ministry of Labor of the Russian Federation No. 14/0/10/В/2253 of 04/04/2016. The specified document decides that the administrative apparatus also has the right to independently determine which legislative standard to rely on.

In such situations, most managers prefer professional standards, as they are a modern alternative to qualification reference books, which makes it possible to eliminate the latter (clause 4 of the Letter of the Ministry of Labor of the Russian Federation dated No. 14/0/10/В/2253 dated 04/04/2016).

The procedure for the introduction of professional standards at the enterprise

The set of measures for the introduction of professional standards in the organization is as follows:

Publication of the order of the head on the approval and implementation of new standards in the company.
Drawing up and approval of an action plan, in accordance with which professional standards will be implemented.
Formation of a commission to put the regulations into effect, as well as to carry out consultations if necessary.
Studying the list of mandatory professional standards, as well as their provisions.
Drawing up a list of positions that should be brought to the uniform requirements of the standards.
Notifying employees of changes.
Certification of subordinates already occupied in those positions that need to be adjusted.
Formation of a package of documents, in which, upon the adoption of the standards, adjustments will be made. Such papers include employment contracts and additional agreements, job descriptions, as well as other local regulations.

At the same time, it is possible to improve the qualifications of employees in the course of the implementation of standards. To do this, it is necessary to take advanced training courses with the help of a formed attestation commission or other educational institutions.

The dismissal of a subordinate due to non-compliance with the provisions of the professional standard is prohibited due to the fact that labor legislation does not provide for such a reason.

List of specialties for which the use of professional standards is mandatory

Often there are disputes regarding the inconsistency of the title of the position in staffing and its name in the professional standard. Such misunderstanding can also lead to difficulties in determining which occupational standards are mandatory.

Practice shows that the solution to the issue can be considered the exclusion of the name of the current position from the staff list, and the inclusion of a new name there, based on the professional standard. It is also necessary to draw up an additional agreement with the employee on this action, make adjustments to work book and personal card of the employee.

The list of professions for which the requirements of professional standards are mandatory, regardless of the form of ownership of the enterprise, is quite wide. So, an affirmative answer to the question of whether professional standards are mandatory is valid for such specialties:

lawyers;
judges;
aircraft crews;
auditors and
employees public institutions;
persons working at underground facilities;
entities with access to chemical weapons;
physicians and pharmacists;
public procurement professionals.

Based on Art. 74 of the Labor Code of the Russian Federation, the employer is not entitled to make adjustments to the labor agreement with the employee without his knowledge and consent, in particular, it is forbidden to change functional responsibilities subordinate. This means that if the subject refuses to change the name of the position and new duties in accordance with the professional standard, the manager cannot force him. In this case, the employee may be offered another position. If this option is also not acceptable by at least one of the parties, then the position that has lost its relevance is liquidated, and the employee falls under a reduction in staff and subsequently leaves.

Responsibility for non-application of professional standards in activities for which they are mandatory

When the application of professional standards is mandatory for an institution, evasion from their implementation is punishable by bringing to administrative responsibility. In particular, based on Art. 5/27 of the Code of Administrative Offenses, the violation provides for the following punishment for the first incident:

accrual of a fine for officials from 1000 to 5000 rubles.
accrual of a fine for a company from 30,000 to 50,000 rubles.

In the case of a primary offense, the imposition of a fine is not mandatory. A warning may be issued. If the violation is repeated, the fine will be charged for sure.

At the moment arbitrage practice on the issue under consideration is not formed. There are isolated cases of litigation in court:

A subject was appointed to a position in a state-owned company, the level of qualification of which did not meet the professional standard, although it was mandatory for use. On the fact of the trial, the judge ruled the need to return wages subject to the budget. Resolution of the Arbitration Court No. А33/2144/2013 dated November 12, 2013
When introducing a professional standard at an enterprise, an employee working in a position that involved adjustments in accordance with the new standard was not certified. Subsequently, it turned out that his level of qualification did not meet the requirements. By the decision of the Arbitration Court No. A56 / 26857 / 2014 of October 30, 2014. the need for advanced training courses with repeated certification was assigned.

The procedure for the manager, if the qualifications of the employee do not meet the requirements of the mandatory standard

If during the modernization of the company's regulatory framework it turns out that some subordinate does not meet the required qualification level, there are the following ways to solve the problem:

The subordinate is offered another, less difficult job.
Subordinate goes to courses additional education. The employer also has the right to decide at whose expense (the company or the employee) the training will take place. In conditions when the manager decides to provide the employee with advanced training courses at his own expense, a student agreement is concluded with the subject, which fixes the provision according to which, after completing the training, the person must work in the company for a specific amount of time. If this condition is not met, the subordinate may be liable to reimburse the costs of his training.

If this is fixed in regulatory acts, then the employer is obliged to provide advanced training for subordinates at his own expense. In particular, this applies to physicians who must confirm their professional suitability every five years.

Ways to apply professional standards when they are advisory in nature

If, in the course of determining whether the application of professional standards is mandatory, it turns out that they are advisory in nature, they are used as the basis for adjustments. labor agreements, creating job descriptions and other regulatory local documents.

In addition, if this is decided by the manager, on the basis of the professional standard established by law, the company has the right to develop its own standard labor activity for specific positions, determine the requirements for the qualifications of employees and establish the required level of skills and knowledge. The main requirements for such procedures are the absence of contradictions between an independently compiled standard and a professional standard established by law. That is, if a particular profession is regulated by a professional standard, drawing up a separate local standard is not advisable. It can also lead to liability for ignoring official regulations.

Thus, legislation in the context of the mandatory application of professional standards continues to evolve. At the moment, such standards are mandatory only for the list of professions and public institutions. In case of any controversial aspects in practice regarding the need to use such documents, you should contact a professional lawyer or an employee of the Ministry of Labor of the Russian Federation.

The concept of "professional standard" was introduced into the Labor Code five years ago by Federal Law No. 236-FZ of December 3, 2012. Since then, it has become firmly established in everyday life. The Ministry of Labor almost daily approves new standards, the application of which has become mandatory for a number of organizations. In order to systematize the information, and any employer or citizen could find the information he needs, a register of professional standards was created. The Ministry of Labor of Russia became the operator of the resource.

According to the norms of labor legislation, professional standards are a requirement for the qualifications of specialists necessary for their professional activities. Qualification, in turn, includes a list of knowledge and skills, experience and professional skills that an employee must possess. The Ministry of Labor of Russia is engaged in the development and approval of professional standards, while the list of specialties is formed taking into account priority areas development of the economy and proposals of the National Council under the President of the Russian Federation for professional qualifications. The Labor Code regulates these requirements.

In order for any employer or specialist to find the description and requirements for each profession for which a standard already exists at the right time, the professional standards approved by the Ministry of Labor in 2019 are combined into a special register. It is a detailed information system that defines the relevant qualification requirements for the specialties included in it. In the registry you can find:

definitions linking the spheres professional labor;
descriptions that help to focus on the real experience of specialists, and not on programs of an educational nature;
a list of powers and responsibilities of employees holding a certain position;
the degree of responsibility by type of activity;
other useful information.

The basis for the development of approval, application of requirements are carried out by the department according to the rules established by the decree of the Government of the Russian Federation. In addition, there is an official website "Professional Standards", which is promptly updated. For ease of search and use, specialties are listed in it in alphabetical order.

Mandatory application of professional standards

Until July 1, 2016, the application of professional standards approved by the Russian Ministry of Labor was not mandatory and was of a recommendatory nature. However, from this date, it began to operate, which regulates the procedure for their application. It says, in particular, that if the Labor Code, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards are mandatory for employers to use. Other organizations may follow these requirements at their discretion.

So, specialists of the Ministry of Labor explain that in order to determine labor functions when concluding or changing employment contracts according to the norms article 57 of the Labor Code of the Russian Federation, prerequisite is an indication of labor functions. Therefore, when indicating positions in the staffing table, employers are recommended to use the names of the positions contained in the corresponding block of the third section of the document, they are also contained in the register of professional standards 2019. What useful can those employers learn from it, for which it is not yet mandatory to apply the established requirements in practice? Such information includes, in particular:

information to form the basis of the organization's personnel policy;
standards for establishing a system of remuneration;
data to determine specific labor functions for each employee;
the formulation of the main duties of employees;
assistance in the development of job descriptions;
requirements for training and certification of employees.

Organizations for which qualification requirements for employees have become mandatory:

state institutions and organizations;
open joint-stock companies(excluding credit institutions);
insurance organizations;
non-state pension funds;
joint-stock investment funds;
management companies mutual investment funds;
other economic entities whose securities are admitted to circulation on organized trading (with the exception of credit institutions) or conducted through online cash desks;
state off-budget funds.

All these organizations are required to hire chief accountants or other employees who are responsible for keeping records, only in accordance with professional standards, as provided Federal Law No. 402-FZ of December 6, 2011"About Accounting". For other industries, strict requirements for other positions and specialties may be established, so employers must monitor this on their own, which can be helped by the register of professional standards of the Ministry of Labor.

Relevance of data in the registry

The Ministry of Labor and Social Development of the Russian Federation constantly approves new packages of professional standards and updates their register. For example, on March 31, 2019, it included such specialties as:

specialist in the field of energy management in the construction industry;
specialist in carrying out energy service activities at capital construction sites;
installer of industrial gas and gas-using equipment and gas pipelines;
composite materials technician;
organizer design production in construction;
driver of a combined road machine;
specialist in modernization, technical re-equipment and reconstruction of foundry production;
driver of a machine for laying geosynthetic materials;
fireman;
specialist in the field of designing water treatment facilities and water intake facilities;
springer;
asphalt concrete heater (heater) driver;
specialist in adjustment of lifting structures;
expert in assessing the compliance of lifting structures with safety requirements;
general purpose crane operator;
driver of machines for driving and immersing piles;
installer of low-current security and safety systems;
specialist in the design of refrigeration systems;
robotic production maintenance technician;
general practitioner (district physician);
specialist in energy survey of capital construction facilities, etc.

You can find the most up-to-date data on the website, since all approved professional standards since 2019, the list of which can be found alphabetically below, are promptly included in this list. Its application in practice will allow each employer the best way staff your enterprise with specialists of the required qualifications, create the necessary personnel reserve, and also reduce staff turnover. All this will lead to a reduction in the cost of personnel activities, which will positively affect the economic stability of the company.

The Ministry of Labor has prepared a new professional standard "Accountant". The text of the draft order with the updated standard is published on regulation.gov.ru. According to the changes, the 7th and 8th qualification levels were added to the currently existing 5th and 6th levels. Separately, the standard singled out such competencies of the chief accountant as reporting on separate divisions providing accounting services, preparation consolidated reporting and etc. At the same time, specialists who correspond to the most high level qualification - 8th. It is also assumed that accountants will have to undergo advanced training at least once every three years.

Thus, the professional standard confirmed the trend of strengthening the role of IFRS (changes in PBU 1/2008, 402-FZ, the FSB Development Program for 2017–2019 based on IFRS) in the legal regulation of accounting in Russia. In the near future, knowledge of IFRS will be needed by every chief accountant, both in large and small business. Accountants, auditors and employees financial services It is recommended to follow the innovations in order to have time to prepare for their application.

"Information of the Ministry of Labor of Russia on the application of professional standards"

1. Why are professional standards developed and adopted?

Professional standards are complex in nature 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. Raise professional level of employees has a significant impact on labor productivity, reducing the costs of employers for the adaptation of employees in employment, as well as on the competitiveness of employees in the labor market.

Regarding issues that arise in practice in connection with the introduction of professional standards, it should be noted that the responsibility and authority to make personnel decisions are the powers of employers, and the professional standard sets the bar for modern requirements and guidelines for building personnel policy.

2. How often will professional standards be updated/added?

The development of professional standards in accordance with Decree of the Government of the Russian Federation dated January 22, 2013 No. 23 "On the Rules for the development, approval and application of professional standards" (hereinafter referred to as Decree of the Government of the Russian Federation dated January 22, 2013 No. 23) is carried out taking into account priority areas development of the economy and proposals of the National Council under the President of the Russian Federation for professional qualifications.

The need to develop professional standards is also determined taking into account the information in the Directory of new and promising professions in demand on the labor market (as amended by the order of the Ministry of Labor of Russia dated February 10, 2016 No. 46).

Draft professional standards can be initiated and submitted for consideration to the Ministry of Labor of Russia in the prescribed manner by various organizations.

Changes to professional standards are made, as well as to other regulations, if there are reasonable proposals or relevant changes in the legislation of the Russian Federation. Changes are made in the same manner as the development and approval in accordance with the Decree of the Government of the Russian Federation dated January 22, 2013 No. 23.

3. Where can I find the content of professional standards? How to learn about plans for the development (updating) of professional standards, changes to professional standards or the adoption of new professional standards?

The Ministry of Labor of Russia maintains the Register of Professional Standards (a list of types 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 for the System of Professional Qualifications of the Federal State Budgetary Institution "Research Institute Labor and Social Insurance" of the Ministry of Labor of Russia (http://vet-bc.ru). All information about professional standards, including those being developed and planned for development, is placed on the same resources.

In addition, professional standards approved by orders of the Ministry of Labor of Russia are placed in reference systems of legal information.

4. Will ETCS and CEN be cancelled?

In the future, it is planned to replace the 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 at the present time (for example, in the field of transport, etc.). But such a replacement, according to the Russian Ministry of Labor, will take place over a fairly long period.

5. If the qualification handbook and the professional standard for similar professions (positions) contain different qualification requirements, then what documents should the employer use?

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.

6. When is the application of professional standards mandatory? Are employers obliged to apply the qualification requirements for employees contained in professional standards, including when hiring? According to Article 195.3 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), professional standards are applied "as the basis for determining the requirements for the qualifications of workers." How should it be determined which of the requirements should be taken as a basis? Whether there is a necessary minimum? In what cases is it possible to increase, and in what cases - to reduce the requirements? What are the changes from July 1, 2016, if those qualification requirements, in terms of which a professional standard will be mandatory, were previously established by laws and other regulatory legal acts?

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7. Does the obligation to apply the requirements of professional standards apply to all employers or only to state and municipal organizations?

The obligatory application of the requirements of professional standards is established for the cases provided for in Articles 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 (services) performed, these organizations should analyze the professional competencies of employees for compliance with professional standards, if necessary, draw up a plan for training employees and additional professional education for employees within the budget for the respective year.

8. The professional standards approved by the Russian Ministry of Labor are regulatory legal acts. According to part one of Article 195.3 of the Labor Code of the Russian Federation, if the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply. Does this norm mean that the requirements contained in professional standards are mandatory for application?

According to Article 195.3 of the Labor Code of the Russian Federation, professional standards are mandatory for employers to apply in terms of the requirements they contain for the qualifications necessary for an employee to perform a certain labor function provided for by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation. Thus, only in terms of the requirements established in the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation, the requirements of the professional standard are mandatory.

When applying the above provision of Article 195.3 of the Labor Code of the Russian Federation under other regulatory legal acts, we mean resolutions and orders of the Government of the Russian Federation, orders of federal executive bodies that establish special requirements for employees performing certain labor duties of a regulatory legal nature (for example, orders Ministry of Transport of Russia, etc.). In this case, in terms of requirements, these regulatory legal acts shall apply.

9. Should the requirements of the professional standard be spelled out in the employment 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 official duties workers. At the same time, the professional standard can be applied as a recommendatory methodological document, in addition to the requirements contained in it, provided for by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation.

The employer applies professional standards to determine the need for workers with a certain level of qualification, the correct selection and placement of personnel, rational separation and organization of labor, delimitation of functions, powers and responsibilities between categories of employees, determination of labor duties of employees, taking into account the peculiarities of the technologies used, organization of training (vocational education and vocational training) and additional professional education of employees, organization of labor, establishment of wage systems.

10. Can employees' duties, education and length of service requirements change automatically due to the adoption of a professional standard? Can an employment contract with an employee be terminated if his level of education or work experience does not meet those specified in the professional standard? Fire him (if he refuses to be trained)? There is no such basis in the Labor Code of the Russian Federation.

The obligations of employees cannot be changed automatically in connection with the adoption of a professional standard.

The objective basis for changing the duties associated with the performance of any work (service) is a change in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), and even in these cases, according to Article 74 of the Labor Code of the Russian Federation, the change labor function of the employee at the initiative of the employer is not allowed. It can be carried out in accordance with articles 72, 72.1 of the Labor Code of the Russian Federation on the basis of an agreement between the employee and the employer on changing the terms of the employment contract determined by the parties.

Regarding the compliance of employees with the requirements for education and length of service contained in professional standards, please note that these requirements are mandatory in cases where the performance of the relevant work is associated with benefits, guarantees and restrictions, or if the relevant requirements have already been established by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation.

The entry into force of professional standards is not a basis for the dismissal of employees. The admission of an employee to perform a labor function is the authority of the employer.

The employer also has the right to conduct certification of employees. So, when applying qualification handbooks and professional standards, persons who do not have special training or work experience established in the "Qualification Requirements" section, but who have sufficient practical experience and perform the duties assigned to them qualitatively and in full, on the recommendation of the attestation commission are appointed to the relevant positions in the same way as persons with special training and work experience.

11. Do employees have to bring their qualifications to the requirements of professional standards? Is the employer responsible for sending the training and expenses?

According to Article 196 of the Labor Code of the Russian Federation, the need for training (vocational education and vocational training) and additional professional education for employees for their own needs is determined by the employer. The training of employees and their additional professional education are carried out by the employer on the terms and in the manner determined by the collective agreement, agreements, employment contract.

12. If the duties performed by the employee are wider than those contained in the professional standard labor functions and labor actions, does he have the right to demand additional payment for combining professions?

The question is not related to the application of professional standards.

When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee’s remuneration is made taking into account the provisions of Article 151 of the Labor Code of the Russian Federation.

13. What sanctions will be applied for non-application or misapplication of professional standards?

The Labor Code of the Russian Federation establishes the mandatory application of the requirements contained in professional standards, including when hiring employees, in the following cases:

according to part two of article 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 guides or professional standards, if in accordance with the Labor Code of the Russian Federation or other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in these positions, professions, specialties;

in accordance with article 195.3 of the Labor Code of the Russian Federation, the requirements for the qualification of employees contained in professional standards are mandatory for the employer in cases where they are established by the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation.

Thus, if the specified mandatory requirements legislation, 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 Article 5.27 of the Code of Administrative Offenses.

In other cases, the requirements of the inspection bodies regarding the application of professional standards are unlawful.