Application of professional standards of social workers. Mandatory professional standards - when necessary

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 involved in the development and approval of professional standards, while the list of specialties is formed taking into account priority areas for economic development and proposals from 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 of professional work;
• 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. In particular, it says 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 apply. 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, a prerequisite is the indication of labor functions. Therefore, when indicating positions in the staff list, 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 of 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 to best staff his 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.

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. Occupational standards, of which there are currently about 2,000 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 a new person comes to work, 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 various kinds of benefits and compensation, or if the work is somehow connected with restrictions. In these cases, the title of the position must be entered in the professional standard, even if it is not necessary to use such a document.

About the application of professional standards

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

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

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

Are professional standards mandatory for application? If the requirements for the qualification level of employees are established in 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 - an insurance company or an OJSC. Under federal law, it must meet the following simple requirements:

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

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

The conclusion here can be drawn as follows: the system of professional standards is only auxiliary, recommended documentation, necessary in case professional requirements are not 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 for the transition to new standards. At the same time, some common activities are still worth highlighting. These include:

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

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

The content of the pedagogical professional standard

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

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

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

It is worth noting that the mandatory professional standards of the teaching profession also contain many other aspects: for example, about the development of personal qualities, about creative orientation, etc. To familiarize yourself 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 be a leading, senior, district or chief specialist. It turns out that for each category of accountant there is a job description. At the same time, there are only two professional standards here: for the "ordinary" and the chief accountant. Perhaps, in the near future, the Ministry of Labor will release several more versions of the document in question.

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

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

Professional standard of the chief accountant

What does a chief accountant do? The Federal Law "On Accounting Activities" says that the chief accountant is obliged to draw up and provide management with 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. At the same time, the Russian Ministry of Labor is sure that an ordinary accountant will not be able to keep records of taxes: only the chief accountant should do this.

HR specialist: professional standard and instructions

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);
• operational or strategic management of the organization's personnel (seventh level of qualification is required, as well as work experience of at least five years).

According to each function, the professional standard fixes:

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

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

General provisions of professional standards for personnel specialists

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

• The fifth level of qualification involves the independent performance of work to resolve various practical problems that require a qualitative analysis of the situation. A personnel officer with the fifth qualification level is obliged to deal with the workflow for personnel records, as well as the hiring and dismissal of employees. Requires secondary vocational education.
• A specialist with a sixth level of qualification is engaged in defining 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.

From 07/01/2016 amendments were made to the labor legislation of the Russian Federation that affect a number of 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.

1. 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.
2. 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.

Thus, 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, 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 introducing professional standards at the enterprise

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

1. Publication of the order of the head on the approval and implementation of new standards in the company.
2. Drawing up and approval of an action plan, in accordance with which professional standards will be implemented.
3. Formation of a commission to put the regulations into effect, as well as to carry out consultations if necessary.
4. Studying the list of mandatory professional standards, as well as their provisions.
5. Drawing up a list of positions that should be brought to the uniform requirements of the standards.
6. Notifying employees of changes.
7. Certification of subordinates already occupied in those positions that need to be adjusted.
8. 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 discrepancy between the title of the position in the staff list 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 the 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 of state 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 the functional duties of the 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, the judicial practice on the issue under consideration is not formed. There are isolated cases of litigation in court:

1. 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. Upon the fact of the trial, the judge ruled the need to return the subject's wages to the budget. Resolution of the Arbitration Court No. А33/2144/2013 dated November 12, 2013
2. 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:

1. The subordinate is offered another, less difficult job.
2. The subordinate is sent to additional education courses. 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 a basis for adjusting 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 of work 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 article will help you find out what professional standards are, how to apply them from July 1, 2016. Where can I find a complete list of PS. Who is a professional teacher according to the new standards of a teacher, an accountant.

Since July 1, 2016, professional standards have been applied to many professions. They include a list of requirements and conditions. Which must be observed in relation to employees. About how to properly implement professional standards for a teacher, teacher, accountant. What documents should be studied and what threatens for non-compliance with the law, you can learn from this article.

Professional standard - what is it?

Professional standard 2019 is a qualification characteristic. Which is necessary for an employee so that he can work in a certain profession.

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

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

On July 1, 2016, the new Labor Code of the Russian Federation will come into force. Which is called "Procedure for the application of professional standards." Employers will be required to apply professional standards. If the qualification requirements that an employee needs to perform a certain job function are established by the Labor Code. Federal laws or other regulatory legal acts. (Article 11 of the Law on Education, as well as Article 73). For other employees, professional standards are advisory in nature.

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

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

professional standards necessarily apply if the qualification requirements for employees are established by the Labor Code. Federal laws or other regulatory legal acts (Article 195.3 of the Labor Code of the Russian Federation). See the table for a list of professions for which requirements are established by law.

There are two cases when the job title must be indicated as in the professional standard, even if it is not necessary to use it.

1. if the job qualifies for compensation or benefits.

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

If the professional standard has not been approved for such professions, indicate the position according to the qualification directories. This is relevant, for example, for doctors and teachers who are entitled to benefits: additional holidays, reduced working hours, preferential pensions.

Where is the list of mandatory professional standards located?

The professional standard is developed and adopted by the Ministry of Labor of the Russian Federation. Further, in order for the specified document to become legally valid, it will have to be registered with the Ministry of Justice of the Russian Federation.

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

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

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Official list of professional standards website of the Ministry of Labor

The list of approved professional standards for teachers, personnel officers, accountants since 2016 is given.

What should be the education of teachers according to the professional standard

The general requirements of the professional standard for the education of teachers do not take into account the specifics of additional education institutions. The teacher must have education in the direction of training and specialties "Education and Pedagogical Sciences".

The new professional standard changed the requirements for the education of methodologists and equated them with teachers. Therefore, if you have already transferred methodologists to the old professional standard, whose education does not correspond to the areas of higher education and the specialties "Education and Pedagogical Sciences", then it is better to return them to the terms of the qualification directory.

Employees with education in the areas of "Humanities" (historians) will not be able to work as methodologists. "Society Sciences" (psychologists, lawyers, economists)

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

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

Application of professional standards

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

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

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

• Work experience of at least 3 years in the last 5 years, if there is an appropriate education. Necessarily associated with accounting, auditing, etc.
• Work experience of at least 5 years out of the last 7, if there is no education corresponding to the activity.
• Higher education by profession or not.
• The absence of a criminal record (unexpunged or outstanding) for illegal acts committed in the economic sphere.

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

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

IMPORTANT! If an employee does not meet the professional standards of 2016, then it is still impossible to dismiss him on this basis. He can be deprived of his job only if the results of his certification are poor or there is no vacancy in the organization for him corresponding to his knowledge and skills. Also, the employee may be offered additional education in order to further comply with the professional standard.

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

1. First offence, warning.
2. For organizations - a fine in the amount of 30-50 thousand rubles.
3. For officials - a fine of 1-5 thousand rubles.
4. For individual entrepreneurs - a fine of 1-5 thousand rubles.

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Transition to professional standards professional accountant, teacher

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

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

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

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

Approximate plan for the transition to Russian professional standards:

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

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

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

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

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

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

1. Issuance of an order on the establishment of a commission for the implementation of the PS in the organization.
2. Holding a committee meeting
3. Drawing up an implementation plan.
4. Determining the correspondence of positions in the organization and existing PS.
5. Rename jobs if needed.
6. Inscribing changes and innovations in job descriptions.
7. Making changes to the wage system.
8. Development and implementation of activities aimed at retraining employees.
9. Certification of workers.
10. Carrying out other organizational measures for the implementation of the PS.

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

It is worth noting that there may be differences between the qualification handbook and professional standards. For example, positions that are entitled to a preferential pension do not match. The equivalence of these concepts in the future is planned to be established by the Government of the Russian Federation. The decision on this issue should be documented in the minutes. Because in the case of verification, it is the protocol that will give an answer to the question - "Why is the name of the position not similar to that indicated in the PS." This fact will also help in case of conflicts with employees or claims from inspection bodies.

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

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Qualification requirements for specialists in various industries

For an accountant of a public institution:

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

For the head of an educational institution:

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

For the head nurse:

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

For the programmer:

1. For a programmer technician, as well as a junior programmer, the lack of higher education and work experience is acceptable.
2. It is similar for a programmer, but the work experience must be at least 6 months and it is obligatory in the field of software development.
3. A software engineer and a senior programmer must have a higher education and at least a year of experience in the specified field.
4. For a lead programmer, a higher education and at least 3 years of experience are required.

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

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

This document contains the following information:

• Surname, name, patronymic of employees.
• Positions.
• Description of required training or retraining.
• Explain the reasons for sending employees to training.
• period of training activities.
• Reasons for choosing a particular educational service provider.

This document may be useful in case of verification, as it reflects the fact that the employer has fulfilled professional standards in good faith.

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Who draws up the professional standard of the teacher and others

Who it professional educator? Additional information, documents for the application of professional standards of a teacher, accountant, auditor are provided.

PS can be made up:

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

Professional Standards

1. Register of professional standards
2. Vocabulary and reference manual "Development and application of professional standards"
3. Base of experts on the development and discussion of professional standards
4. Register of Vocational Qualifications Councils

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The Ministry of Labor in letter No. 14-2 / ​​OOG-6465 dated 07/06/2016 once again reminds that professional standards are only advisory in nature for many employers.

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

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

Exclusive rights to the presented material belong to ConsultantPlus JSC.

The material was prepared using legal acts as of 07/04/2016.

There are more conditions under which it is mandatory to apply professional standards

If the employer does not apply the mandatory professional standards, he faces a fine

An independent assessment will determine whether the employee's qualifications meet the professional standard

Even if the professional standard is mandatory, you will not have to dismiss the employee for non-compliance

Professional standard for an accountant: no fundamental changes have taken place since July >>>

There are more conditions under which it is mandatory to apply professional standards

Even if the professional standard is mandatory, you will not have to dismiss the employee for non-compliance

It is necessary to apply mandatory professional standards, in particular, when hiring new employees. Like the Ministry of Labor, the entry into force of professional standards is not a reason to dismiss those who are already working.

Professional standard for an accountant: there have been no fundamental changes since July