How to open a professional standards training company. Advanced training course for the implementation of professional standards in state and municipal institutions

Human capital- the basis of business. Courses for HR managers at the Russian School of Management will help you learn how to manage human resources. You will be able to apply knowledge in practice, improve your communication skills and begin to understand people. Learn to build a personnel management model in accordance with the specifics of the business. HR manager courses provide up-to-date information for managing the company's personnel policy.

Learning outcomes

The HR management courses include theoretical and practical blocks. Training takes place in the format of seminars and trainings and includes work with teaching materials, role-playing games, studying company cases.

Students of effective HR courses will learn:

    Develop and implement a staff motivation system.

    Develop and implement corporate culture.

    Understand labor laws.

    Select remuneration systems taking into account the specifics of the company.

    Work with candidate profiles.

    Conduct interviews.

    Organize a personnel evaluation system.

Who will benefit from HR courses?

RSHU invites HR managers to courses in Moscow. They will be useful:

    Managers, HR managers and employees personnel services.

    HR directors.

    Employees of recruiting agencies.

    Corporate psychologists.

HR courses will be of interest not only to specialized specialists, but also to managers who want to develop an effective personnel policy. Training in personnel management at the Russian Management School is an opportunity to gain the necessary experience and knowledge that will increase your competitiveness in the labor market.

    Features and step-by-step instruction on the implementation of professional standards in state (municipal) institutions and linking new labor functions with labor standards, performance indicators, effective contract

    For heads of institutions, specialists and heads of personnel departments, personnel services of state and municipal institutions

    Short description

    Features of the implementation of professional standards for public sector organizations.

    In 2020, the transition period will end, and verification of the results of the implementation of professional standards of the state will begin labor inspectorate. Therefore, 2019 is the last opportunity to introduce a system of work according to professional standards and bring local documentation and labor processes into compliance. During the course, we will look at how professional standards are interconnected and how they will influence other areas of reforming the work of budgetary institutions: changes in the remuneration system, the development of performance indicators and the establishment of labor standards.

    Where to start implementing professional standards. What changes should be made to the institution’s local documents and personnel policies in order to comply with legal requirements. Review of mistakes to avoid. How to prepare for GIT inspections.

    Legal sources containing requirements for the qualifications of workers.

    The course will bring together and systematically present all legal sources containing lists of qualification requirements for all professions. This will allow students not to miss existing requirements and reduce the time spent searching for the necessary information.

    1. Legal regulation of implementation professional standards In the organisation. Legislation changes 2019-2020
      1. The norms of the legislation of the Russian Federation regulating the procedure for applying professional standards (PS).
      2. Mandatory application of professional standards in accordance with changes in the Labor Code of the Russian Federation.
      3. The concept of “employee qualification”: legal meaning and relationship with the professional standard.
      4. Register of professional standards, areas and types professional activity, labor functions, OKZ, OKVED. Correlation between the Register of Professional Standards, ETKS and ECSD, including taking into account the results of the SOUT.
      5. The concept of “labor function” for the purpose of determining the names of professions, positions and compliance with OKSO.
    2. Preparation for GIT inspections on the implementation of professional standards.
    3. List and ratio legal sources, containing requirements for the qualifications of workers.
    4. Bringing local regulations (LNA) of the organization into compliance with professional standards.
      1. The procedure for development, approval, enactment, and amendments to the LNA in accordance with the Labor Code of the Russian Federation. The procedure for familiarizing employees with the changes.
      2. Changing the names of positions and professions of employees, staffing schedules, job descriptions, employment contracts in accordance with professional standards.
      3. Legal liability of the employer for violation of legislation in the field of application of professional standards.
    5. The procedure for developing and conducting in an organization a procedure for standardization and assessment of qualifications’ compliance with professional standards.
      1. Qualification characteristics in the professional standard as the basis for determining the qualification requirements for workers.
      2. Qualification confirmation procedure. Ways and methods of assessing the compliance of an employee’s qualifications with a professional standard.
      3. Criteria used in assessing the professional skills of employees.
      4. Interaction with independent qualification assessment centers (CQAs).
      5. The procedure for certifying employees for compliance with professional standards.
      6. Preferential categories of employees during certification.
    6. Specification of labor functions in accordance with the PS for inclusion in an effective contract and adjustment of the system of performance indicators.
    7. Establishment of labor standards for the implementation of labor functions established in the PS. Assessing the effectiveness of performing labor functions based on established labor standards and performance criteria.
    8. Determining the level of remuneration based on the level of qualifications. The relationship between labor standards and wage standards. Optimal ratio of guaranteed and incentive parts of remuneration. Calculation of the labor participation coefficient based on the calculation of the coefficient useful action and labor intensity factor. Calculation of the incentive part of remuneration based on the value of the point deflator. Application of incentive payments.
    9. Work with the results of the assessment of compliance with professional standards.
      1. Resolving disputes based on certification results. Termination of an employment contract based on the results of certification.
      2. Rights and obligations of the employer regarding the training and additional professional education of employees.
      3. Transfer of an employee to other positions.
  • Course presenters:

    • Senior Lecturer, Department of Management and Law, Academy of Management Methods and Technology "LIMTU" ITMO, practicing consultant in the field of labor law
    • Candidate of Economics, Associate Professor of the Department of Management and Economics in Education, Leningrad Regional Institute for Educational Development, consultant-practitioner on economic issues of the activities of budgetary institutions
    • managing partner of the HR club "Vector", ex-head of personnel services of several large companies in St. Petersburg

When is an employer obliged to apply professional standards? Where is it said? Let's look at the legal requirements.

There is a misconception that organizations that have a certain organizational and legal form of ownership are obliged to apply the professional standard. For example, public sector employees are required to apply professional standards, and commercial organizations or individual entrepreneurs- No. This is wrong.

The obligation to apply professional standards does not depend on the legal form. There are no concessions for individual entrepreneurs or small businesses.

Cases when employers are required to apply professional standards

1. If the law has requirements for the qualifications of an employee

Employers are required to apply professional standards if Labor Code, other federal law or a regulatory legal act specifies the requirements for the qualifications of an employee. This conclusion follows from the wording of Article 195.3 of the Labor Code “Procedure for the application of professional standards.”

The table below contains several striking examples of professions for which there are requirements for the qualifications of workers.

Category of workers Where are the qualification requirements established? Conclusion
Teaching worker Art. 331 Labor Code of the Russian Federation, art. 46 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in Russian Federation» Teaching staff are required to meet the qualification requirements prescribed by law, the Labor Code of the Russian Federation and professional standards for teachers
Chief accountant in open joint stock companies, insurance organizations, non-state pension funds, joint-stock investment funds, management companies of mutual investment funds and other organizations, securities which are admitted to circulation at auctions, management bodies of state extra-budgetary funds, including territorial Part 4 Art. 7 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting” For the chief accountant of organizations listed in Part 4 of Art. 7 of the Law on Accounting, the qualification requirements established by the professional standard “Accountant” are mandatory (approved by order of the Ministry of Labor of Russia dated February 21, 2019 No. 103n)
Workers in the field of public procurement according to Law No. 44-FZ part 6 art. 38, part 5, article 39 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” Worker qualifications contract service, a contract manager in the field of procurement of goods, works, services to meet state and municipal needs must comply with the requirements of Law No. 44-FZ and professional standards in this area:
  • “Specialist in the field of procurement”, approved. by order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n;
  • “Expert in procurement”, approved. by order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n.

What should employers do:

  1. Be careful and not miss the qualification requirements of some workers. These requirements can be “scattered” anywhere: in the Labor Code of the Russian Federation, federal laws, regulatory legal acts of the Russian Federation. If there are such requirements, the employer is obliged to take them into account. If existing employees do not meet them, employees need to be “brought up” and new personnel must be recruited taking into account the requirements of professional standards.
  2. Check that there is an accepted professional standard for the relevant work. In federal laws and regulations, qualification requirements are often given in general view, and the professional standard specifies the type of education, area of ​​training, etc. For example, in Federal Law No. 402-FZ “On Accounting” for the chief accountant of OJSC and other organizations specified in Part 4 of Art. 7, requirements for higher education and certain work experience are established. In the professional standard “Accountant”, the educational requirement is supplemented by the chief accountant completing additional professional programs - advanced training, professional retraining programs.

The register of professional standards is maintained and updated by the Russian Ministry of Labor. The texts of professional standards are posted on the website of the Russian Ministry of Labor, as well as in reference and legal databases. Here are some examples:

  • Order of the Ministry of Labor of Russia dated February 21, 2019 No. 103n “On approval of the professional standard “Accountant””.
  • Order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n “On approval of the professional standard “Procurement Specialist”.
  • Order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n “On approval of the professional standard “Expert in the field of procurement.”

2. If employees are entitled to benefits, compensation, restrictions

The employer must be aware of the requirements of Article 57 of the Labor Code. Here we are interested in the following disclaimer: if the performance of work involves the provision of benefits and compensation or there are restrictions for employees, then the names of positions, professions, specialties and qualification requirements for them must comply with qualification reference books or professional standards.

Example: the employee has the right to a preferential pension - in this case, the employer must, when renaming positions, rely on qualification reference books or professional standards, if they have already appeared.

What do you need to know about Part 2 of Article 57 of the Labor Code? Tips for employers

Evgenia Konyukhova, labor law expert, comments:

“The norm of Part 2 of Article 57 of the Labor Code is not new and has been in force since the beginning of the existence of the Labor Code. Let me remind you that in December 2013, professional standards were added to the qualification reference books. This is due, first of all, to the fact that some positions, professions, and specialties in qualification directories have not been updated for more than 25 years and in many respects do not meet modern requirements. In practice, employers may be faced with the fact that for one position, profession or specialty there is both a qualification reference book and a professional standard. What to look for when choosing a job title, profession, specialty and definition qualification requirements to them? - the employer makes this decision independently. The norm is alternative, i.e. implies the right to choose (letter of the Ministry of Labor of Russia dated April 4, 2016 No. 14-0/10/B-2253).

Attention: if the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits, or there are restrictions, then the employer is obliged to provide the names of positions, professions or specialties and qualification requirements for them in accordance with the requirements of the qualification directory or professional standard.

Such “renaming” must be carried out through a translation procedure. Make changes to the staffing table:

  • add new names of positions, professions, specialties;
  • sign an additional agreement to employment contract about translation;
  • from the day when employees are transferred to new positions, professions, specialties, old names can be excluded from the staffing table.”

Professional standard in practice

  • if the employer has not found requirements for the qualifications of its employees in the federal law, the Labor Code of the Russian Federation, or another regulatory legal act of the Russian Federation, and
  • work in certain positions, professions, specialties does not imply compensation, benefits or restrictions.

In this case, the employer himself decides to what extent he will focus on the professional standard, from the first to the last line or just one sentence. This choice is the responsibility of the employer.

Option 2: it is mandatory to use professional standards:

  • if the employer has found requirements for the qualifications of its employees in the federal law, the Labor Code of the Russian Federation, or another regulatory legal act of the Russian Federation;
  • if work in certain positions, professions, specialties involves compensation, benefits or restrictions.

But! The employer has the right to take into account not all the requirements of the professional standard, but only the requirements for the job title (in cases provided for in Part 2 of Article 57 of the Labor Code of the Russian Federation) and qualification requirements (knowledge, skills, work experience). The rest contains a description of the labor function, labor actions - optional.

For example, the employer determines independently to what extent he will take from the professional standard a description of the job function to draw up a job description.

Introduction of professional standards in an organization: what should an employer do?

To work, you will need information about the availability of professional standards and their application (posted on the website of the Russian Ministry of Labor).

Working group on the implementation of professional standards

To implement professional standards, the employer must create a working group. The group’s task is to develop a plan for the application of professional standards by the employer. The working group is created by order of the leader. Number and composition of members working group determined solely by the employer. It is recommended to include in the working group labor economists or those workers who are responsible for developing the staffing table, personnel management specialists, lawyers, and possibly heads of structural divisions. In the plan for the transition to professional standards, it is necessary to specify in detail the actions, deadlines and persons responsible for each stage.

The first thing the working group has to do is to correlate the positions available with the employer with professional standards. This is the most global and labor-intensive work, because... in this case, you cannot rely only on the title of the position (profession) in staffing table and the name of the most professional standard. It is necessary to find those professional standards that could potentially fit the positions (professions) indicated in the staffing table. To do this, you need to correlate the main goal of professional activity according to the standard (column “Main goal of the type of professional activity” of the professional standard) with the purpose of working in the position (profession) of the employer, additionally paying attention to the column “Group of occupations” in the general information section.

After the positions and professions that the employer has are correlated, and the professional standards that are to be applied are identified, the working group draws up a report. The report must reflect a list of accepted professional standards according to which the employer operates. This list will become the basis for further actions.

If an employee does not meet the professional standard, carry out certification

In practice, not all workers can meet the requirements set out in professional standards.

Example: the employee is engaged in the types of work named in Art. 30 of the Federal Law of December 28, 2013 No. 400-FZ “On insurance pensions”, for example, in underground work. The employee's position must be named as specified in the professional standard or qualification directory. And his knowledge, skills, and work experience must meet the qualification requirements given in the professional standard. The employer found out that there is an employee occupying a certain position, and there are professional standard requirements, but the employee does not meet them. What to do with such an employee?

It is impossible to dismiss someone due to non-compliance with the professional standard. The employer can conduct certification. To do this, it will be necessary to develop a whole system of local regulations that describes the procedure and procedure for conducting certification. We will need to create a commission and determine the criteria by which we will evaluate the employee. Based on the results of the certification, the commission will draw conclusions: whether the employee is suitable for the position held or not.

Let's say the employee does not meet the qualification requirements. Can I be fired for this reason? - this question remains open today. But employers should take into account that certification should be carried out not with the goal of getting rid of “extra” employees, but with the goal of establishing which of them should be sent for training and advanced training. The goal should be good - to bring existing employees to the required level.

Important: employers can decide and send employees to advanced training courses or retraining in order to achieve compliance with the requirements of professional standards. But this is a right, not an obligation of the employer! The employer himself determines the need for training (vocational education and professional education) and additional vocational education workers (Article 196 of the Labor Code of the Russian Federation, clause 11 of the Information of the Ministry of Labor dated 04/04/2016).

New employees who will be hired after July 1, 2016 must be clearly selected according to the established qualification requirements, which are specified in professional standards. This applies exclusively to employers whose employees:

  1. the Labor Code, other federal law or regulation specifies qualification requirements

and/or

  1. in accordance with Part 2 of Article 57 of the Labor Code of the Russian Federation, the performance of work is associated with the provision of benefits, compensation, or there are restrictions for employees.

All other employers use professional standards as a basis - for them professional standards are advisory, not mandatory.

Since July 2016, a system of professional standards began to operate in our country. Therefore, now many employers (both those for whom the implementation of professional standards is mandatory, and those who simply want to improve the competencies of their employees) are seeking to hire a specialist who understands all the intricacies Russian legislation according to the qualification characteristics of workers.

A professional implementing professional standards must be able to draw up necessary orders and acts, competently develop a plan for the transition to the qualification standard, rename existing positions if necessary in accordance with the provisions of the professional standard, and make the necessary changes to job descriptions. The specialist should timely certify the staff, carry out a full range of measures for retraining of full-time employees, and monitor the remuneration of employees.

This program is for you if you...

  • Do you want to become a sought-after specialist who understands the requirements for employee qualifications and implements professional standards;
  • You are going to study Russian labor legislation, goals, objectives and rules for the implementation of professional standards, methods of testing personnel for professional suitability.

The course is implemented in absentia using distance learning educational technologies and lasts 12 weeks (400 hours).

Goals and objectives of the course

The purpose of the course is to train specialists in the implementation of professional standards in budgetary institutions and commercial companies. Students will understand the labor standards of the Russian Federation and the main provisions of professional standards. Lectures and practical classes will cover the principles of implementation, rules for certification for compliance with qualification requirements, methods of managing change and methods of regulating work conflicts.

The program will answer the questions:

  • How are labor relations regulated in our state?
  • What are the goals and objectives of professional standards?
  • How to correctly implement professional standards in an enterprise?
  • What features should be taken into account when using qualification characteristics to employees in commercial companies?
  • How professional standards are applied in federal and municipal institutions?
  • How to accurately verify that employees have the necessary competencies for their position?
  • What characterizes a structured approach to change management?
  • How to manage conflicts in a way that is mutually beneficial for all parties?

Teaching methods

Training takes place in a special section of the site. System access distance learning(SDO) Students receive after enrollment. Section contains educational materials, tests, assignments, electronic grade book, webinar schedule. Theoretical preparation includes studying the texts of lectures, textbooks, and watching recordings of video lectures. The practical part is represented by tasks based on professional situations. For full-time participation in the webinar, the listener is issued an additional certificate. You can communicate with expert practitioners on the forum and webinars.

You can learn more about the distance learning process by following this link.

Results and prospects:

  • You can find a job as a specialist in the implementation of professional standards in a budget or commercial company;
  • You are able to implement professional standards, test employees for professional suitability and provide staff with recommendations for correcting identified deficiencies;
  • You know how to manage conflicts that arise in a team and effectively resolve them using the legal framework and moral principles.

Requirements for Listeners:

To enroll in training, citizens of the Russian Federation must submit along with their application:

  1. Diploma of higher education(bachelor's, specialist's, master's degrees)*.

List of documents for admission foreign citizens Please check with the Admissions Committee staff by phone or via the feedback form.

* the program of additional professional education may establish additional requirements for the category of students. You can find out more by phone or through the feedback form.


View diploma

View the curriculum

2016-2019, ANO "NIIDPO"
Use, reproduction and distribution of this intellectual property (curriculum and program description) without the consent of the copyright holder is punishable by law

Curriculum of the professional retraining program “Implementation of professional standards in the practice of personnel assessment and certification” with the qualification “Human Resources Management Specialist”

Training period: 12 weeks.

Practical exercises and testing

Basics of labor legislation

Fundamentals of Human Resource Management

Professional standards: purpose, objectives and implementation procedure

Practical issues of application of professional standards in commercial and state (municipal) budgetary organizations

Personel assessment

Checking employees for compliance with professional qualification requirements

Workshop on the implementation of professional standards in the organization’s personnel assessment system

Final interdisciplinary exam

Name of disciplines

Total labor intensity, in acad. hour.

Work of a student in SDO, in acad. hour.

Forms of intermediate and final certification (DZ, Z)

final examination

TOTAL

As a result of studying the program you will receive a diploma

Additionally, you can receive a certificate of competence

with a list of mastered labor functions that meet the professional standard. Provide this certificate to your manager (employer) and confirm your competencies that meet the professional standard! The certificate may be taken into account in the certification process.

You can check the license on the website Federal service for supervision in the field of education and science (Rosobrnadzor). To do this, in the “TIN” column, indicate the TIN - 7724318601 and click Search. There is no need to provide any other information.

Duration: unlimited

OGRN: 1157700006683

Series, form number: 77Л01 0009052

INN: 7724318601

FAQ

What does professional retraining provide?

Professional retraining for short term allows you to master new profession based on existing education. Professional retraining programs take into account the requirements for the profession, the student’s existing knowledge and are aimed at developing specific competencies for practical work. Upon completion of professional retraining programs, you receive a diploma of professional retraining in the form established by ANO "NIIDPO".

What documents are needed for admission?

For admission to ANO "NIIDPO" citizens of the Russian Federation Along with the application you must provide:

  1. Diploma of higher education (bachelor's, specialist's, master's diploma) or diploma of secondary vocational education (depending on the program).
  2. Certificate from the place of study for students studying at institutions of higher and secondary vocational education (if necessary).
  3. Document proving identity and citizenship.
  4. Certificates of change of surname, name, patronymic (if necessary).

The list of documents for foreign citizens and stateless persons can be obtained from the specialists of the Admissions Committee by phone or by submitting an application for consultation on the website.

You can clarify the need for legalization of a diploma from a specific country by contacting GLAVEXPERT CENTER or an employee of the Admissions Committee.

What is needed for distance learning?

Computer with Internet access and basic programs(Word, Excel, Skype), webcam preferred.

Do you have installment payment options?

Yes, there is an interest-free installment plan for professional retraining programs. No commissions or overpayments. However, the payment breakdown system is individual for each program. Check with a specialist for details admissions committee by phone or by filling out an application.

How soon can I start training?

Admission to training is carried out throughout calendar year. The exact date You can check with the admissions staff about the start of your chosen program.

What document will I receive upon completion of training?

After completing a program lasting over 250 hours, you will receive a professional retraining diploma.

Tell us more about your diploma?

For students who have successfully completed additional professional education programs, in accordance with the order of the Ministry of Education and Science of the Russian Federation dated July 1, 2013 No. 499 “On approval of the Procedure for organizing and implementing educational activities for additional professional programs» a diploma of the standard established by the educational organization is issued, regardless of the type and form of ownership educational organization.

Are you a public educational institution?

Do you have to come for your diploma and/or to submit your final work?

No, a personal visit to the educational organization is not mandatory; the final work can be completed using the distance learning system*.

* Extramural learning using distance learning technologies.

Interest-free installments

You can get interest-free installments for professional retraining programs. For getting additional information For installment plans for a specific program, contact an admissions specialist.

Get 13% back on your tuition fees

Each Student can request documents to obtain a tax deduction from the department for organizing the educational process. The tax deduction is 13% of the cost of training! Refunds upon application of the taxpayer are carried out within 1 month from the date of receipt of the application by the Federal Tax Service.

Discounts on training

Corporate training

- 3% for training in a group of 3 to 6 people
- 5% for training in a group of 7 to 11 people
- 7% for training in a group of 12 to 18 people
- 10% for training in a group of 19 people or more

Social discounts

- 3% to laureates and winners of the competition “Teacher of the Year” or “Teacher of the Year”
- 5% for repeated training
- 5% for parents with many children
- 5% to persons exposed to radiation
- 5% as a single mother, widow(er) with a child under 18 years of age
- 5% for pensioners, low-income people, retired military personnel and other socially protected categories of citizens
- 5% - 30% when enrolling in several programs simultaneously or sequentially

Loyalty program

- 5% as students (trained) in partner organizations*
- 5% for those applying for 2 or more programs in parallel**, except for the direction of subject teacher training

*Partner organizations: ANO DPO "VGAPPSSS", ICDO LLC "Bachelor-Master", ANO "Academy of Additional Professional Education", ANO DPO "MIPK", ANO DPO "UrIPKiP", ANO DPO "MIDAGU", ANO DPO "VSAPGiMS", ANO DPO "IPKIPYUR".

**Payment for 2 programs before the start of training. It is also possible to provide an individual cost reduction factor upon application of the applicant. Depreciation factors cannot be combined with each other.

All discounts are regulated by the cost reduction coefficient.

Payment in installments is possible

No interest without the participation of banks

The implementation of professional standards in an organization is a multi-level process that begins with studying the text of the standard in order to determine the scope of activity and, accordingly, the positions to which it applies. We will talk about how to implement professional standards and what the consequences of refusing to use their provisions may be in the article below.

How to implement a system of professional standards?

On July 1, 2016, a system of professional standards began to operate in the Russian Federation. After studying legislative framework On this topic (including Articles 195.1-195.3 and 57 of the Labor Code of the Russian Federation), many employers, for whom the provisions of the standards are mandatory, have a logical question: how are professional standards implemented at the enterprise?

There is no answer to this question at the level of regulatory acts, since neither the law nor the resolution of the Government of the Russian Federation explaining the procedure for introducing professional standards into the company’s activities has not yet been adopted. At the time of writing, there is only a draft order of the Ministry of Labor of the Russian Federation “On approval methodological recommendations on the application of professional standards." This means that each head of the organization in this case needs to develop his own system for introducing the standard, taking into account the requirements of the law.

At the same time, only the provisions of the professional standard approved by order of the Ministry of Labor of the Russian Federation and registered with the Ministry of Justice of the Russian Federation can be used in activities. Draft orders that are posted on the Internet cannot be used, since they do not have legal force(in such a situation, it is recommended to apply the provisions of the unified qualification reference books).

When do off-budget funds and state-owned enterprises need to switch to professional standards?

The legislator allocates extra-budgetary funds and other organizations, the controlling stake of which is in the hands of the state, into a separate group in terms of introducing the provisions of professional standards into their activities. The authority to establish the fact that standards are mandatory for such companies has been transferred to the Government of the Russian Federation, and the opinion of the Tripartite Regulatory Commission must be taken into account labor relations.

On June 27, 2016, Resolution No. 584 of the Government of the Russian Federation was adopted, which establishes the specifics of the application of professional standards in terms of requirements mandatory for use by extra-budgetary funds and state-owned enterprises. In particular, he established a transition period until 2020, during which enterprises must implement professional standards based on a pre-approved plan.

Measures to implement professional standards

The set of measures for the implementation of professional standards includes the following:

  1. Issuing an order to create a commission to introduce professional standards into the company’s activities.
  2. Conducting a commission meeting and drawing up an implementation schedule.
  3. Determining the labor functions of employees and applying the necessary professional standards in accordance with them.
  4. Renaming positions in accordance with the texts of professional standards.
  5. Making changes to job descriptions.
  6. Changing the wage system.
  7. Carrying out activities for retraining and training of employees.
  8. Conducting employee certification.
  9. Carrying out other organizational and staffing activities related to the implementation of professional standards.

Step-by-step algorithm for introducing professional standards since 2016

Now let's talk about each of the stages of implementing professional standards in more detail.

Don't know your rights?

  1. By order, the head of the enterprise appoints a commission from among the employees, which will be responsible for the implementation of professional standards in the organization. In addition to indicating the members of the commission, the order must specify the powers of each of them and the deadlines for completing the work. It is advisable to include in the working group employees from the HR department, economists, lawyers and persons responsible for occupational safety and health at work, that is, those employees who, one way or another, will use professional standards in their activities in the future.
  2. The first meeting of the commission is held, at which the scope of work is determined and a step-by-step plan is drawn up for the introduction of professional standards at the enterprise. The legislator does not approve the form of the plan, so it can include any provisions that the commission deems necessary. This document reflects intermediate tasks for introducing professional standards, specifies specific deadlines for completing the work, and assigns persons responsible for the implementation of plan items (all of them must be familiar with the document before signing). After drawing up the plan, it is approved by the head of the organization.
  3. To correlate the texts of professional standards and the labor functions specified in them with the positions that exist at the enterprise, the staffing table approved in the organization and the sections of the corresponding 3 professional standards are compared. We remind you that the name of the profession in the standard may not always coincide with the name of the position in the schedule. For example, in the staffing table of many enterprises there is a position of a personnel department employee, and the professional standard states that a personnel management specialist is engaged in this type of activity.
  4. To bring job titles into line with the texts of professional standards, if work in them involves the provision of benefits or the imposition of restrictions, the manager must exclude the old position from the staffing table and introduce a new one. In this case, an additional agreement to the employment contract is concluded with the employee to change the job title. If for some reason the employee refuses to sign the document and insists on maintaining the previous job title, the employer has the right to take organizational and staffing measures to reduce of this employee due to the fact that the position he held was excluded from the staffing table.
  5. Making changes, if necessary, to job description employee in connection with a change in his job function, is carried out only with the employee’s consent to this. The legislator prohibits changing the duties of an employee unilaterally.
  6. A change in the remuneration system is necessary because the legislator establishes a rule according to which employees performing the same job functions must receive equal pay for this. Thus, if an employer decides to make changes to an employee’s job responsibilities or increase the level of qualification requirements (for example, send him to take advanced training courses), then as the complexity of the work changes, the salary should change accordingly.
  7. If in the professional standard according to a certain type activity, if its use is mandatory, the employee’s qualifications are higher than what he has, the employer has the right to send him to advanced training courses or raise the issue of obtaining additional education. The question of at whose expense the training will be carried out is resolved within the framework of negotiations between the parties to the labor relationship or on the basis of the provisions of the local acts of the enterprise. As a rule, if we're talking about on payment for training by the employer, a student agreement is concluded with the employee, under the terms of which he is obliged, after receiving education, to work for a certain time in the company; otherwise, tuition fees will be charged.
  8. Certification of employees is not necessary when introducing professional standards into the activities of an organization, but is necessary so that the employer can determine the qualifications of employees and understand whether their knowledge and skills correspond to the positions they occupy. Based on the results of the certification, an employee who fails to pass it can be transferred to another position or fired.
  9. The issue of holding other organizational events is raised when they arise. For example, if an employee works in a certain position and his duties, according to the provisions of the professional standard, cover two groups of positions, the employer must increase the scope of work or expand the service area. If the employee is in work time along with the main job responsibilities performs additional generalized labor functions of another professional standard, then the latter are formalized as a combination of positions.

Implementation plan for professional standards

Since the requirements for the form and content of the plan are not established by law, we can offer you an approximate list of tasks reflected in the document:

  1. Clarification of the list of professional standards that need to be applied at the enterprise (this is done by correlating the labor functions specified in the standards with the types of activities that the company is engaged in). The list must be agreed upon with the head of the organization.
  2. Reconciliation of employee positions indicated in the staffing table with the names of accepted standards. The result of these actions of the commission must be reflected in the protocol containing the decision to rename positions (if necessary).
  3. Checking employee labor agreements and local regulations of the enterprise.
  4. Making changes to employment contracts and local documents and their subsequent submission to the head of the company for approval.
  5. Drawing up lists of questions for certification in accordance with the provisions of the professional standard for each specific type of activity.
  6. Checking employee compliance with standards.
  7. Drawing up a report on the implementation of the plan and submitting it to the head of the organization for review.

This is only an approximate version of the plan for introducing the professional standard. It may well be supplemented with other items at the discretion of the head of the organization and members of the commission.

Some questions from the practice of introducing professional standards at an enterprise

As practice has shown, when introducing professional standards at enterprises, controversial issues often arise. Let's look at some of them.

What to do if the name of the position in the professional standard differs from its name in the qualification directories?

Only the Government of the Russian Federation can provide clarification on this issue, but so far there is no such document. The issue can be resolved in 2 ways:

  1. Request information from the territorial division of the Ministry of Labor of the Russian Federation.
  2. Use the provisions of the professional standard if this does not contradict the law. For example, if we are talking about the issue of early retirement of a pension, then the competent authority will take into account reference books establishing qualifications. That is why employers in such positions should study the regulatory framework for assigning early pensions. The main thing is not to forget that if occupying a certain position involves the availability of benefits or the introduction of restrictions, then its name should sound exactly as indicated in the professional standard.

Can an employer fire an employee if his qualifications do not meet the level specified in the professional standard?

In this case, the employee can be dismissed only on the basis of the certification results. Without this, only the following options are possible:

  1. Transfer to another position (for example, if there is not enough experience to occupy a position in accordance with the provisions of the standard).
  2. Sending an employee for training or advanced training. In some cases specified regulations, the employer is obliged to conduct retraining or provide advanced training for certain categories of employees at his own expense. For example, as is the case with medical workers who must confirm their qualifications every 5 years.

Note: an employee who does not have the necessary professional education or has not undergone training in a profession (position, specialty), when required by the terms of the professional standard, may be assigned more high level qualifications, if the certification results confirm that he has the required level of knowledge and practical experience.

If the employer does not implement the provisions of the professional standard into the activities of the organization, with the mandatory indication of this by the legislator, what responsibility will he bear?

Provisions of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for this violation of labor legislation provides for a fine:

  • for officials - from 1 to 5 thousand rubles;
  • for individual entrepreneurs - from 1 to 5 thousand rubles;
  • for organizations - from 30 to 50 thousand rubles.

However, in case of a primary violation, a warning may simply be issued.

Views