The occupational standard sets out the requirements for. Employers: how to apply occupational standards? (Nesterov S.E.)

The procedure for applying professional standards has been clarified. From July 1, 2016, the application of professional standards in terms of qualification requirements for employees is mandatory for the employer, only if such requirements are established by law.

At present, in the current situation on the labor market, the characteristics of the positions of employees contained in the Unified qualification guides began to fail to meet both the requirements for employees to perform their functions, and the education received by employees.

In this regard, there is a need to streamline the professionalism of employees on the basis of the education they receive, and a law was adopted that clarified the procedure for the development, approval and application of professional standards (Federal Law No. 122-FZ of May 2, 2015 (hereinafter referred to as Law No. 122-FZ)) . The provisions of Law No. 122-FZ came into force on July 1, 2016. From this date, the Labor Code stipulates the obligation for employers to apply professional standards in terms of the requirements for the qualifications necessary for employees to perform their job functions, only if such requirements are established by the Labor Code, other federal laws and regulations Russian Federation. Otherwise, the characteristics of the qualifications contained in professional standards are advisory in nature and are used by employers as the basis for determining the requirements for the qualifications of employees, taking into account the specifics of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor (Article 195.3 of the Labor Code of the Russian Federation ).

The procedure for the development and approval of professional standards, as well as establishing the identity of the names of positions, professions and specialties contained in the Unified Tariff and Qualification Directory of Works and Professions of Workers, the Unified Qualification Directory of Positions of Managers, Specialists and Employees, the names of positions, professions and specialties contained in professional standards, is still established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 195.2 of the Labor Code of the Russian Federation).

Employees who do not meet professional standards cannot be fired. And dismissal for non-compliance with the new internal regulations of the organization can only be based on the results of certification, if it is impossible to transfer the employee with written consent to another available job.

Important!
According to the professional standard "Accountant" (approved by order of the Ministry of Labor of Russia dated December 22, 2014 No. 1061n), the applicant for the position of "accountant" must have experience practical work at least three years (clause 3.1 of the Standard).
But in order to correspond to the position of "chief accountant" (clause 3.2 of the Standard), you must have a higher or secondary professional education, additional professional programs(advanced training, professional retraining) and experience in practical work related to accounting, preparation of accounting (financial) statements or auditing - at least five years out of the last seven (if available) higher education at least three of the last five years).

In order to assist employers and employees, the Ministry of Labor has developed recommendations on the use of professional standards in practice. It should be noted that work on methodological recommendations on the application of professional standards (hereinafter referred to as the Recommendations) was carried out in accordance with clause 2 of the Comprehensive Action Plan for the development of professional standards, their independent professional and public examination and application for 2014 - 2016, approved by Order of the Government of the Russian Federation dated March 31, 2014 N 487- R.
Is it necessary to apply professional standards? What are the nuances of their application? How professional standards are taken into account when developing job descriptions and setting wages? You will find answers to these and other questions in the presented article.

Federal Law No. 236-FZ of December 3, 2012 supplemented the text of the Labor Code with Art. 195.1 "The concept of employee qualification, professional standard."
The provisions of the named article gave the following definitions:
- qualification of the employee - the level of knowledge, skills, professional skills and work experience of the employee;
- professional standard - a characteristic of the qualifications necessary for an employee to carry out a certain type of professional activity.
Paragraph 3 of Art. 195.1 of the Labor Code of the Russian Federation provides that the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, establishes:
- the procedure for the development, approval and application of professional standards;
- the procedure for establishing the identity of the names of positions, professions and specialties contained in the Unified Tariff and Qualification Directory of Works and Professions of Workers, the Unified Qualification Directory of Positions of Managers, Specialists and Employees, the names of positions, professions and specialties contained in professional standards.
The rules for the development, approval and application of professional standards (hereinafter referred to as the Rules) were approved by Decree of the Government of the Russian Federation of January 22, 2013 N 23. This Decree also provided that the Ministry of Labor is obliged to:
- establish the identity of the names of positions, professions and specialties;
- provide explanations on the application of the Rules.
Recall that the first professional standards were approved in the fall of 2013:
- Order of the Ministry of Labor of Russia dated 10/18/2013 N 544n "On approval of the professional standard" Teacher ( pedagogical activity in the field of preschool, primary general, basic general, secondary general education) (educator, teacher)";
- Order of the Ministry of Labor of Russia dated October 22, 2013 N 570n "On approval of the professional standard" Specialist in patent science ";
- Order of the Ministry of Labor of Russia dated October 22, 2013 N 571n "On approval of the professional standard "Specialist in social work";
- Order of the Ministry of Labor of Russia dated November 18, 2013 N 681n "On approval of the professional standard "Specialist in rehabilitation work in the social sphere";
- Order of the Ministry of Labor of Russia dated November 18, 2013 N 677n "On approval of the professional standard "Social worker";
- Order of the Ministry of Labor of Russia dated November 18, 2013 N 678n "On approval of the professional standard" Head of a social service organization ";
- Order of the Ministry of Labor of Russia dated November 18, 2013 N 680n "On approval of the professional standard "Specialist of the guardianship and guardianship body for minors", etc.
Since then, new standards have been adopted by the Ministry of Labor regularly. However, most of the documents will be applied by employers from January 1, 2015.
So, in pursuance of Art. 195.1 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of January 22, 2013 N 23, the Ministry of Labor developed a draft order "On the approval of Methodological recommendations for the application of professional standards."
When developing the Recommendations, the Orders of the Ministry of Labor of Russia were used:
- dated 12.04.2013 N 147n "On approval of the layout of the professional standard";
- dated 12.04.2013 N 148n "On the approval of qualification levels in order to develop professional standards";
- dated 29.04.2013 N 170n "On approval of the Guidelines for the development of a professional standard".

Note! The professional standard is a document containing, in accordance with Art. 195.1 of the Labor Code of the Russian Federation, a description of the professional skills, experience, skills and knowledge necessary to carry out a certain type of professional activity, describing, in accordance with the layout, the content of specific labor functions, ranked by skill levels depending on the complexity and responsibility of the work performed, based on which the employee is assigned a labor function.

The nuances of applying professional standards

When applying a professional standard, it is taken into account that, in accordance with the Guidelines for the development of a professional standard:
- the description of the type of professional activity includes a set of generalized labor functions that have a similar nature, results and working conditions;
- the description of the generalized labor function includes a set of interconnected labor functions that has developed as a result of the division of labor in a specific production or business process;
- the description of the labor function includes a system of labor actions within the framework of a generalized labor function;
- the description of the labor action contains the process of interaction between the worker and the object of labor, in which a certain task is achieved.
These descriptions, according to the layout, are contained in the following sections of the professional standard:
- sec. I "General information";
- sec. II "Description of labor functions included in the professional standard (functional map of the type of professional activity)";
- sec. III "Characteristics of generalized labor functions";
- sec. IV "Information about the organizations - developers of the professional standard".

Note! The content of the professional standard and information about it are placed in the register of professional standards, which is maintained by the Ministry of Labor on a specialized website " Professional Standards"(http://profstandart.rosmintrud.ru). Information about the professional standard is placed in the register after the approval of the standard by order of the Ministry of Labor on the basis expert opinion National Council under the President of the Russian Federation for Professional Qualifications, formed in accordance with Decree of the President of the Russian Federation of April 16, 2014 N 249 "On the National Council under the President of the Russian Federation for Professional Qualifications", with recommendations on the approval of the professional standard.

Is it necessary to apply professional standards? Professional standards are recommended for use by all employers, regardless of their legal form and form of ownership, in order to:
- effective organization of labor;
- increase of labor productivity;
- formations personnel policy and personnel management systems;
- improvement of the system of labor organization and its payment.
At the same time, paragraph 6 of the Recommendations contains a clarification that in cases provided for by federal laws, the application of professional standards is mandatory. Their application will be mandatory, in particular, in institutions whose activities are carried out at the expense of budgetary sources of funding.
So, professional standards apply:
- to determine the labor function of the employee;
- for the development of local regulations, including staffing, job descriptions;
- to determine the requirements for the qualification of an employee when hiring (transferring to another job);
- to determine the possibility of ordering an employee additional work by combining professions (positions), expanding service areas, increasing the volume of work, as well as performing the duties of an absent employee without exemption from work specified in the employment contract;
- to organize certification of employees;
- for billing work, assessing the qualifications of employees, assigning employees tariff categories, categories, etc.;
- for use in assessing the complexity of labor when differentiating the size of salaries (official salaries) of employees with a time-based wage system, as well as in determining prices for a piecework wage system;
- to organize training and additional vocational education workers.

Determination of the employee's labor function, conclusion, change employment contract

Clause 8 of the Recommendations is devoted to the features of determining the labor function of an employee, concluding, changing an employment contract. It should be remembered that according to Art. 57 of the Labor Code of the Russian Federation, a prerequisite for inclusion in an employment contract of an employee is an indication of his labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee).

Note! Possible job titles are contained in the corresponding block in sec. III professional standard. The approximate job titles of employees performing a certain generalized labor function provided for by professional standards can be used by employers in the development of local regulations (staffing, job descriptions, etc.), if the provision of benefits, guarantees is not associated with the performance of work in the relevant positions, professions, specialties. , compensation or the presence of restrictions established by federal laws.

Separate federal laws stipulate that the provision of benefits, guarantees, compensation or restrictions is associated with the performance of work in certain positions, professions, specialties. In such cases, the names of positions, professions, specialties and qualification requirements for them must comply with the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards. At the same time, the Recommendations contain clarification: the adoption by the employer of a decision on the name of the position (profession, specialty) of the employee, as well as the definition qualification requirements to it on the basis of a professional standard cannot be the basis for refusing to provide the employee with benefits, guarantees, compensations or compliance with the restrictions in respect of the employee provided for by federal laws.

For your information. When applying for a job requiring special knowledge or special training, in accordance with Art. 65 of the Labor Code of the Russian Federation and taking into account the requirements contained in Sec. III of the professional standard, a citizen presents to the employer a document on the education or training received, corresponding to the normative legal acts RF.

What to look for if the employee works on a combination, part-time basis or performs additional functions? According to paragraphs. "d" clause 8 of the Recommendations when an employee performs during the established working hours, along with official duties in one generalized labor function, additional duties in another generalized labor function and in the same profession within the framework of one professional standard additional official duties are issued in the form of an increase in the scope of work or an expansion of service areas.
On the basis of paragraphs. "f" of the specified paragraph when the employee performs during the established working hours, along with his official duties, additional duties for the generalized labor function of another professional standard, additional duties are formalized as a combination (of positions).
How is the job title determined in this case? The name of the position is recommended to be established in accordance with one generalized labor function within the framework of one professional standard, taking into account the actual work performed by a particular employer. In cases where an employee performs work in different positions or professions, the name of the position, profession, specialty is established for the employee according to the work performed at the highest level of qualification.

Note! An employee who does not have the necessary vocational education or has not completed vocational training in a profession, position, specialty that requires a higher level of vocational education or vocational training, a higher level of qualification can be assigned if the employee has the required level of knowledge and practical work experience confirmed by the results of certification.

Job description development

The recommendations determine that professional standards can serve as a basis for the development of:
- job descriptions;
- work instructions;
- work cards;
- other documents containing a specific list of job responsibilities of employees, taking into account the peculiarities of the organization of production, labor and management (when used in the organization).
When writing job descriptions, it is recommended to use the information from Sec. II and III professional standard. When filling out the section of the job description containing general provisions, it is recommended to reflect the fundamental organizational and legal documents on the basis of which the employee carries out his activities and exercises his powers, as well as the conditions and nature of the work performed. This information can be obtained from the following blocks of Sec. II and III professional standard:
- "Conditions for admission to work";
- "Labor actions";
- "Necessary skills";
- "Necessary knowledge".
In the official duties of the employee, it is recommended to indicate those selected from section. III of the professional standard, labor actions related to a specific labor function from the corresponding generalized labor function, which the employee must perform within his position, taking into account the tasks and functions of a particular structural unit.

Note! The list of labor actions according to the labor function of a specific professional standard is the minimum necessary and can be supplemented by labor actions from another generalized labor function of the labor function of the same professional standard, depending on the conditions of the employer's activity.

When determining the qualification requirements for an employee, the employer indicates:
- level of education and additional vocational training an employee necessary to perform the prescribed job duties;
- level of qualification, requirements for work experience (length of service);
- the necessary specialization, sufficient for the complete and high-quality performance of work.
The above qualification requirements are selected from the relevant blocks of Sec. III professional standard: "Level of qualification", "Requirements for education and training", "Requirements for practical work experience", " Additional terms admission to work" - and can be supplemented taking into account the specifics of the employer's activities.
When specifying in the job description information regarding the necessary knowledge and skills of the employee, the employer is guided by the subsection "Labor function" and the blocks "Necessary skills", "Necessary knowledge", "Other characteristics" contained in section. III professional standard.
The employer, except for cases provided for by federal laws, may:
- distribute labor actions contained in the description of individual labor functions provided for by professional standards, between several positions, professions, specialties, independently determining the content and volume of work performed by the employee;
- taking into account the specifics of the activity, expand the list of labor activities for individual positions, professions, specialties in comparison with the list provided for by professional standards for the relevant labor functions. In this case, the employer determines the employee's compliance with the requirements for education and training, practical work experience and special conditions for admission to work, including taking into account the provisions of professional standards that provide for these labor activities.

Note! In cases where the adoption by the employer of a decision to apply a professional standard may lead to a change in the labor function previously performed by the employee, including the performance of work not stipulated by the employment contract, the change in the labor function of the employee, as well as other terms of the employment contract determined by the parties, is carried out in accordance with the procedure established by the Labor Code of the Russian Federation. An agreement to change the terms of an employment contract determined by the parties is concluded in writing (Article 72 of the Labor Code of the Russian Federation).

Establishment of wages

In Art. 22 of the Labor Code of the Russian Federation establishes the obligation of the employer to provide employees with equal pay for work of equal value. In professional standards, the most simple work assigned to skill level 1, as the complexity of work increases (increasing the required skill level of an employee to perform work), the work provided for by the professional standard belongs to higher skill levels.

Note! Ceteris paribus, rates under the piecework wage system for jobs classified as more than high level qualifications, it is recommended to set higher than the rates set for works assigned to a lower level of qualification.

What is the procedure for setting salaries? Establishment of salaries (official salaries) should be carried out, focusing on work assigned to a higher level of qualification. For example, if the position provides for the performance of work related to skill levels 1, 2 and 3, then the established salary (official salary) is recommended to be higher than the salary (official salary) established for positions providing for the performance of work related to skill level 2 , but lower than the salary (official salary) established for positions involving the performance of work classified as qualification level 4.
At the same time, the salaries (official salaries) cannot be less than the salaries (official salaries) established for positions involving the performance of work assigned to a lower level of qualification. Salaries (official salaries) cannot be higher than the salaries (official salaries) established for positions involving the performance of work classified at a higher level of qualification.
How is salary differentiation carried out within the same skill level? With a time-based wage system, salaries (official salaries) within the same skill level can be differentiated taking into account the amount of work of varying complexity. For example, job responsibilities for position 1 provide for the performance of work assigned to skill level 4, for position 2 - to skill level 4 and skill level 1. At the same time, for position 2, the performance of work corresponding to skill level 4 takes no more than 5% of working time . In this case, salaries (official salaries) for both position 1 and position 2 are recommended to be set higher than official salaries for positions involving the performance of work classified at skill level 3 and below.

Training, retraining, additional vocational education, certification of employees

It should be noted that the requirements for education and training, practical work experience of an employee, as well as special conditions for admission to work established by professional standards, are mandatory only in cases provided for by law.

Note! The employer has the right, in addition to the qualification requirements specified in professional standards, to present to a person applying for a vacant position (job) other requirements that are necessary due to the specifics of a particular job (for example, knowledge of any foreign language).

When determining the need for employee training (vocational education and vocational training) and additional vocational education for their own needs, the employer must be guided by the provisions of professional standards that determine the level of the relevant qualification, the requirements for education and training of the employee, as well as the main ways to achieve the level of qualification.
If, according to the legislation, the application of a professional standard is mandatory, it is recommended that an employer, when assessing an employee for compliance with the position held or the work performed, evaluate the employee’s qualifications taking into account the requirements provided for in the professional standard:
- to education (training);
- practical work experience;
- to the content of labor actions;
- To have the necessary knowledge and skills.
When carrying out certification of an employee for compliance with the position held or work performed, in the case when the application of a professional standard, according to the legislation of the Russian Federation, is not mandatory, the employer may be guided by the requirements of the professional standard for the relevant position.

In conclusion, let us once again pay attention to the following:
- professional standards are used by employers in the formation of personnel policy and in personnel management, in the organization of training and certification of employees, the conclusion of employment contracts, the development of job descriptions and the establishment of wage systems;
- the effect of most professional standards will begin on January 1, 2015. If the application of the professional standard leads to a change in labor functions previously performed by employees, including the performance of work not stipulated by an employment contract, then it will be necessary to conclude an agreement with employees on changing the conditions of labor determined by the parties contracts in writing.

professional standard- multifunctional normative document, defining within a particular type economic activity(fields of professional activity) requirements for the content and working conditions, qualifications and competencies of employees at various qualification levels.

Areas of application of the professional standard.
The standard is applied in the selection and placement of personnel; in planning and scheduling work. It is also used to solve problems in the development of personnel management systems; to create a system of certification of personnel and assessment of the level of qualification of employees; for development educational standards and training programs in accordance with the requirements of employers; when conducting professional training, retraining and advanced training of personnel.

On May 7, 2012, Russian President Vladimir Putin signed decrees "On measures to implement state policy in the field of education and science" and "On measures to implement state social policy." (ministry of science.rf / news / 2214)

…. prepare and submit before September 1, 2012 in State Duma Federal Assembly of the Russian Federation project federal law on amendments to the legislation of the Russian Federation concerning the development, approval and application of professional standards;

To develop and approve at least 800 professional standards by 2015;

In order to develop common principles for assessing the professional training of workers:

…. prepare and before August 1, 2014 submit to the State Duma of the Federal Assembly of the Russian Federation a draft federal law on the introduction of amendments to the legislation of the Russian Federation regarding the procedure for accreditation of organizations engaged in activities to improve the professional level of workers.