From July 1, 2021, a new article 195.3 of the Labor Code of the Russian Federation, called “Procedure for the application of professional standards,” will come into force. What will change from this date for employers? How to apply professional standards in practice? Will it be necessary to change job descriptions of employees and staffing? What to do if the education of employees does not meet the requirements of professional standards? Is the employer obligated to send such employees for training? Will labor inspectorates monitor workers' compliance with professional standards?
What is a professional standard
A professional standard is a characteristic of the qualifications required for an employee to carry out a certain type of professional activity. This is the norm of Part 2 of Article 195.1 of the Labor Code of the Russian Federation.
At the same time, a professional standard is a document that describes labor functions for a certain type of activity, as well as the requirements for the knowledge, skills and experience of specialists performing these functions.
In structure, all professional standards are approximately the same, since they are compiled on the basis of a standard layout approved by Order of the Ministry of Labor of Russia dated April 12, 2013 No. 147n.
Unlike qualification reference books (EKS* for white-collar positions and ETKS** for blue-collar professions), where each section is devoted to one position or area of work, a professional standard may contain requirements for different positions (professions) and differentiate the qualification levels of workers etc. (Note that the qualification levels of workers used to develop professional standards were approved by order of the Ministry of Labor of Russia dated April 12, 2013 No. 148n.) It can be said that in professional standards the labor functions of workers are described more clearly and in detail than in qualification reference books .
It is expected that professional standards will gradually replace qualification reference books (clause 16 of the Comprehensive Action Plan for the development of professional standards, approved by Order of the Government of the Russian Federation No. 487-r 31.03.14, clause 4 of the information of the Ministry of Labor of Russia dated 04/05/16).
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:
Subscribe to our newsletter
Yandex.Zen VKontakte Telegram
- 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.
- 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).
- Checking employee labor agreements and local regulations of the enterprise.
- Making changes to employment contracts and local documents and their subsequent submission to the head of the company for approval.
- Drawing up lists of questions for certification in accordance with the provisions of the professional standard for each specific type of activity.
- Checking employee compliance with standards.
- 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.
Areas of application of professional standards
Paragraph 25 of Rule No. 23 stipulates that professional standards are applied by employers in the following cases:
- in the formation of personnel policy and personnel management;
- when organizing training and certification of employees;
- when developing job descriptions;
- when calculating work, assigning tariff categories to employees;
- when establishing remuneration systems, taking into account the peculiarities of the organization of production, labor and management.
When the use of professional standards is mandatory
Currently, the Labor Code contains norms that oblige employers to take into account the provisions of qualification reference books or professional standards. One of these norms is enshrined in paragraph 3 of part 2 of the article of the Labor Code of the Russian Federation, dedicated to the content of the employment contract. This provision stipulates that if the legislation connects the performance of work in a specific position (profession or specialty) with the provision of compensation and benefits or the presence of restrictions, then in this case, in terms of the name of the position (profession or specialty) and the qualification requirements for it, employers are required to be guided by the qualification requirements reference books or professional standards.
Example
For example, early assignment of an old-age pension can be considered a benefit for an employee. In particular, persons who were employed in jobs with harmful or difficult working conditions can count on such a pension (Article 30 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”). Accordingly, if an employee applies for a “preferential” pension, then his position (profession, specialty) in the employment contract must be designated exactly as it is named in the qualification directory or professional standard.
If, in violation of the requirements of paragraph 3 of part 2 of article of the Labor Code of the Russian Federation, the employer indicates in the employment contract a position (profession, specialty) without taking into account the provisions of the EKS, ETKS or professional standard, then such an employer can be brought to administrative liability under part 3 of article 5.27 of the Code of Administrative Offenses of the Russian Federation. The fine for an organization will be from 50 thousand to 100 thousand rubles, for officials of the organization - from 10 thousand to 20 thousand, for individual entrepreneurs - from 5 thousand to 10 thousand rubles. And the employee himself may have problems receiving appropriate benefits and compensation (for example, when applying for a “preferential” pension).
In other cases (if the performance of work is not related to the provision of benefits, compensation or restrictions), the employer has the right to independently determine the name of the position or profession. For example, the position of a programmer does not imply the provision of any benefits or the introduction of restrictions. Accordingly, the employer has the right to name it in documents at its discretion (for example, software engineer, software technician, etc.).
Note that the Labor Code requires taking into account the provisions of qualification reference books or professional standards in other cases. Namely:
- when establishing wage systems in state and municipal institutions (Part 5 of Article 144 of the Labor Code of the Russian Federation);
- when assigning tariff categories (Parts 8, 9 of Article 143 of the Labor Code of the Russian Federation).
New norm on the application of professional standards
From July 1, 2021, a new article 195.3 of the Labor Code of the Russian Federation, which is devoted to the application of professional standards, will come into force. To answer the question of whether anything will change in the practice of applying professional standards from this date, let’s consider the provisions of part one and part two of this article.
Part 1 of Article 195.3 of the Labor Code of the Russian Federation
Quote
“If the Labor Code, other federal laws, and other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain job function, professional standards in terms of these requirements are mandatory for application by employers” (Part 1 of Article 195.3 of the Labor Code of the Russian Federation).
“Employee qualifications - the level of knowledge, skills, professional skills and work experience of the employee” (Part 1 of Article 195.1 of the Labor Code of the Russian Federation).
Indeed, legislation imposes certain requirements on the qualifications of certain categories of workers. For example, the requirements for the level of education and work experience of chief accountants (or persons entrusted with accounting) are established in Part 4 of Article 7 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting” (hereinafter referred to as Law No. 402-FZ ). True, these requirements apply only to JSCs (with the exception of banks), insurance organizations, non-state pension funds and some other organizations. The chief accountant who is applying for a job in such an organization must meet the following criteria:
- higher education;
- work experience related to accounting, preparation of financial statements or auditing activities for at least three years out of the last five calendar years. If there is no higher education in accounting and auditing, the experience must be at least five years out of the last seven calendar years.
Now let’s look at the professional standard “Accountant” (approved by order of the Ministry of Labor of Russia dated December 22, 2014 No. 1061n). Clause 3.2 of this professional standard states that the chief accountant must have either a higher education or secondary vocational education. In addition, additional education is provided - advanced training or professional retraining (based on the letter of the Ministry of Labor dated January 12, 2016 No. 14-3/B-3, it can be assumed that additional education is necessary if the main education of the chief accountant is not specialized). At the same time, the requirements of the professional standard regarding the work experience of the chief accountant are similar to the corresponding requirements of Law No. 402-FZ. (For more information about the professional standard “Accountant”, see “The professional standard “Accountant” has been approved: what are the requirements now for the profession” and “The Ministry of Labor has clarified how to apply the professional standard “Accountant””).
Since from July 1, 2021, professional standards become mandatory in terms of those qualification requirements established by the legislation of the Russian Federation, it turns out that having a higher education is mandatory if the chief accountant will work in an organization that is included in the list specified in Part 4 of Article 7 of Law No. 402-FZ (for example, in an insurance company). In other cases, according to the professional standard “Accountant”, the chief accountant can have either a higher education or secondary vocational education and, if necessary, must complete advanced training or retraining courses.
Does this mean that by July 1, 2021, chief accountants are required to bring their qualifications into compliance with the requirements of the professional standard “Accountant”, in particular, take advanced training courses or retraining? Accounting Online addressed this question to the Deputy Head of the Federal Service for Labor and Employment, Ivan Shklovets. According to him, the legislation does not provide that by July 1, 2021, workers are required to receive education or undergo training, which is provided for in professional standards. “They have the right to do this, but only if they consider it necessary,” noted Ivan Shklovets.
As for employers, they can decide to send employees to advanced training courses or retraining in order to meet their requirements of professional standards. However, employers have no such obligation. According to Article 196 of the Labor Code of the Russian Federation, the need for training (vocational education and vocational training) and additional professional education of employees for their own needs is determined by the employer. This is reported in paragraph 11 of the Information of the Ministry of Labor dated 04/05/16.
Keep in mind
Additional education provided for in many professional standards, including the professional standard “Accountant”, includes programs for advanced training and professional retraining. The minimum permissible period for mastering advanced training programs is 16 hours, and professional retraining programs - 250 hours (clause 12 of the Procedure, approved by order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499). The organization that conducts such training must have a license to carry out educational activities according to the relevant program (Part 1, Article 91 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”).
Let us note that some experts propose a different interpretation of Part 1 of Article 195.3 of the Labor Code of the Russian Federation. In their opinion, the professional standards approved by the Ministry of Labor and published can be attributed to those regulatory legal acts of the Russian Federation that are mentioned in this norm. This means, such experts say, from July 1, 2021, the requirements of all accepted professional standards become mandatory for employers. However, according to Ivan Shklovets, this conclusion is incorrect, since it is refuted by the provisions of Part 2 of Article 195.3 of the Labor Code of the Russian Federation.
Part 2 of Article 195.3 of the Labor Code of the Russian Federation
Quote
“The characteristics of qualifications that are contained in professional standards and the mandatory use of which is not established in accordance with part one of this article are used by employers as the basis for determining the requirements for the qualifications of workers, taking into account the characteristics of the labor functions performed by employees, determined by the technologies used and the adopted organization of production and labor" (part 2 of article 195.3 of the Labor Code of the Russian Federation).
In other words, if the legislation of the Russian Federation does not contain mandatory requirements for the qualifications of a particular category of workers, then the employer has the right to use the corresponding professional standard only as a recommendatory methodological document.
As an example, we can name the professional standard “Human Resources Management Specialist” (approved by order of the Ministry of Labor of Russia dated October 6, 2015 No. 691n). The current legislation of the Russian Federation does not impose requirements for the qualifications of human resources specialists, therefore the use of the specified professional standard is not mandatory. At the same time, on the basis of this standard, it is possible to determine the names of positions, establish the labor functions of workers, requirements for their education and work experience, etc. But since in this case the professional standard will only be a guideline, the employer has the right to introduce softer or, conversely, more stringent requirements than those specified in the standard.
Can an employer, for whom the use of professional standards by virtue of Part 2 of Article 195.3 of the Labor Code of the Russian Federation is not mandatory, not take them into account at all? “This is possible,” answers Ivan Shklovets. “But you shouldn’t completely ignore professional standards.”
How to read professional standards (using the example of the “Human Resources Specialist” standard)
Very soon we will all begin to build our work in accordance with the system of professional standards, but there are still many questions about their application. And since ensuring compliance with legal requirements for this innovation is, as a rule, a “headache” for personnel service employees, it means that it is easier and clearer to consider the procedure for working with a regulatory document using the example of the approved professional standard “Human Resources Management Specialist.”
Before we start doing this, I would like to remind you of the main points associated with the introduction of this system.
1. The system of professional standards comes into force on July 1, 2016.
2. Nine qualification levels are allocated for all types of positions. Professional standards for which qualification requirements are not established by law include only the first three levels. Starting from Level 4, requirements for employee qualifications are provided.
3. As the Ministry of Labor and Social Protection of the Russian Federation explained in its letter dated February 10, 2016, the names in employment contracts of positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in professional standards, if the Labor Code of the Russian Federation and other federal laws provide for the right of employees to provide them with compensation, benefits or any restrictions when working in such positions (by profession, specialty). In all other cases, the use of professional standards is advisory in nature. With the exception of certain categories of employers, for which the Government of the Russian Federation has the right to establish additional obligations regarding the application of professional standards. These include: state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business entities, more than fifty percent of the shares (shares) in the authorized capital of which are in state or municipal ownership.
4. Regulatory acts governing the introduction of a system of professional standards and work in accordance with it:
- Articles 195.1 and 195.3 of the Labor Code of the Russian Federation
- Federal Law No. 122-FZ of 05/02/2015
- Order of the Ministry of Labor of the Russian Federation No. 147n dated April 12, 2013 “On approval of the layout of the professional standard”
- Order of the Ministry of Labor of the Russian Federation No. 148n dated April 12, 2013 “On approval of qualification levels for the purpose of developing draft professional standards”
- Federal Law No. 273-FZ “On Education in the Russian Federation” dated December 29, 2012
- Responsibility for the employer’s failure to apply professional standards is provided for in Article 5.27 of the Code of Administrative Offences.
5. All accepted and approved professional standards in the context of positions, professions and types of activities are posted on the website of the Ministry of Labor and Social Protection in the “Register of Professional Standards” section. The link to it is https://profstandart.rosmintrud.ru/reestr-professionalnyh-standartov. Since this resource is often overloaded due to the huge number of requests, I have posted the professional standard “Human Resources Management Specialist” on my website, in the “Documents” section, you can view and download it using the link.
6. Background information:
Professional retraining - in order to consider training as vocational retraining, 2 conditions must be met (Law 273-FZ “On Education in the Russian Federation”):
- The course volume must be at least 250 academic hours
- Upon completion, a diploma of the established form must be issued. Other documents – certificates, certificates, etc. - not valid.
Advanced training is a prerequisite here:
- Volume – no less than 16 ac. hours
- The document upon completion is a certificate of advanced training (strictly, no options).
How can one understand what level of higher education a person has – bachelor’s degree, specialist’s degree, master’s degree – if it is not indicated in the diploma?
Until 2003, all universities in our country had a specialty degree; the division began from that moment. The standard period for full-time study to obtain a bachelor's degree is four years, for master's degrees on the basis of a bachelor's degree - 2 years. A specialty with a training period of at least 5 years is retained only in some specialties, the list of which is approved by the Government of the Russian Federation.
Now, in fact, let’s move on to the consideration of the professional standard “Human Resources Management Specialist”, which was approved on 10/06/2015. We will be primarily interested in the most pressing issue for most – qualification requirements. As stated in subparagraph 3, qualification requirements will be mandatory for certain categories of employers.
Note: the level of qualifications is indicated in the section “Description of the generalized labor function” in the upper right square.
So, this group of positions and professions includes specialists and managers performing the following general labor functions:
- Documentation support for work with personnel
- Personnel activities
- Personnel assessment and certification activities
- Personnel development activities
- Activities related to the organization of remuneration and labor of personnel
- Activities for organizing corporate social policy
- Activities to organize work with personnel from among foreign citizens and stateless persons
- Operational management of personnel and organizational units
- Strategic personnel management of the organization.
Thus, we see that the group of positions and professions related to the professional standard “Human Resources Management Specialist” includes
specialists:
— in personnel records management (qualification level 5)
— on selection, assessment and certification, personnel development, labor organization and remuneration of personnel (level 6)
— on organizing corporate social policy (level 6)
and managers (qualification level 7):
- operational - heads of departments of the organization for personnel management
— strategic – vice president, HR director or deputy general director for human resources.
Depending on the size and structure of the organization, all or many of these functions may be combined and performed by one employee, or divided among HR employees. In the first case, we are dealing with a generalist manager, in the second, we observe a hierarchical structure with clear specialization.
Let's look at the professional standard requirements for the qualifications of such specialists and managers.
Take, for example, a human resources specialist. As we have already established, his qualification level in accordance with the professional standard is fifth.
Education and training requirements: Secondary vocational education – training program for mid-level specialists; Additional professional education – professional retraining programs, advanced training programs.
How to understand this: for this specialist, the level of secondary vocational education will be sufficient; higher education is not required. But it must be specialized (either Personnel Management or Personnel Administration). If basic education (even higher education) is not specialized, professional retraining in this direction is necessary. Connection: non-profile secondary (or higher) vocational education + advanced training will not be valid, because qualifications can only be improved if they are available.
For this category of employees, work experience in the specialty is not required.
There are also no special conditions for permission to work.
For example. Let’s assume that our HR inspector has a secondary vocational education as an accountant and a year ago he completed a seminar on HR management (advanced training), his experience in the specialty is 6 years. Will it meet the requirements of the professional standard?
Answer: no, because he does not have professional retraining in the areas of Human Resources Management or HR Administration. And without it, advanced training has no meaning. Work experience also cannot compensate for the lack of specialized education.
What to do: undergo professional retraining.
Let's look further at the professional standard. The description of each labor function has sections: Labor actions, Required skills, Required knowledge. The employer will check compliance with these requirements independently, but regulatory authorities will not.
Let's take level 6 representatives, for example, a recruiter. Requirements for his qualifications in accordance with the professional standard:
Education - Higher education. Additional professional education - advanced training programs; professional retraining programs in the field of personnel search and selection.
No practical experience is required.
Here we see that having a higher education is mandatory (for level 6, a bachelor's degree is acceptable). If your higher education is specialized (Human Resource Management), then everything is in order. If not, professional retraining in this area is required. Advanced training can be an addition to it, but not a replacement.
Example. Our recruiter has a higher education in Organizational Management and 3 years of experience. Is this enough to meet the requirements of the professional standard?
Answer: no, because Basic higher education is not Human Resources Management, and the presence of work experience does not replace its absence, as we have already established.
What to do: either get a second degree in Human Resources Management, or undergo professional retraining.
We see similar requirements for specialists in assessment, adaptation, and personnel development.
A specialist in remuneration and labor regulation, a specialist in remuneration and labor motivation, a specialist in compensation and benefits is a different matter.
Here we see as a mandatory condition dictated by the professional standard, the presence of economic education - either a higher basic education (bachelor's degree) or additional in the form of retraining. In addition, another condition is advanced training at least once every three years in the field of economics, regulation and remuneration. Those. If for previously qualified specialists the advanced training programs were of a recommendatory nature, here they become mandatory. If, for example, our compensation and benefits manager has a higher economic education, but has not improved his qualifications for more than 3 years, he urgently needs to do this.
No specialized experience is required to start working in this position.
Let's move on to the leaders. Let me remind you that all generalized labor functions in the professional standard refer to qualification level 7.
1. Requirements for heads of departments (operational management):
- Education - Higher education. Additional professional education – professional retraining programs in the field of personnel management, operational and tactical management; advanced training programs in the field of personnel management, operational and tactical management.
- Experience - At least 5 years in the field of human resources management.
By education: here it is mandatory to have a higher education, but not a bachelor’s degree, but a specialty or master’s degree. The profile in this case (higher or professional retraining) will be both Personnel Management and, in general, management (Management), economic education.
Advanced training is recommended, but is not a mandatory requirement of the professional standard. But to replace the presence of a specialized higher education or prof. it cannot retrain.
5 years of experience – we are talking generally about experience in the field of personnel management, in positions of any level.
Example. The head of the personnel selection department has a higher education in psychology, improved his qualifications a year ago by attending a recruiting seminar, and has 3 years of specialized work experience (2 years as a selection specialist, and then 1 year as the head of the department). Does it meet the requirements of the professional standard?
Answer: no, there are two reasons. 1) He does not have a specialized education (higher or professional retraining), psychological is not it, 2) his experience in this field is less than required (three years instead of five).
What to do: undergo retraining and gain the necessary experience, but in the meantime you will have to be demoted (for example, to deputy head of the department).
2. Strategic personnel management (TOP management).
Skill level requirements:
- Education - Higher education. Additional professional education – professional retraining programs in the field of personnel management, strategic and operational management, organizational economics; advanced training programs in the field of personnel management, strategic and operational management.
- Experience - At least 5 years in the field of human resources management in senior positions.
Here, the requirements of the professional standard for education are similar to those imposed on heads of departments: higher education (specialty, master's degree) in the following areas: Personnel Management, Economics, Enterprise Management (Management). Or it is possible to have a higher education of the required level + professional retraining in the above areas.
There is a noticeable difference in experience requirements between operational managers and strategic managers. In this case, it should be precisely managerial, i.e. If a candidate for the position of HR Director has 6 years of experience as a HR specialist of any profile and 3 years as a department head, we will not be able to hire him for the position, because he is two years short.
In conclusion, I want to dwell on a subtle point that will worry many. We are talking about a situation where in a small organization the entire personnel service is represented by one employee. What to do with him? To what level should his combined labor functions be classified? What requirements does the professional standard impose on him?
The legislator has not yet given clear explanations, but, following the logic, I believe that the level of this specialist will be sixth (unless all his work is reduced to personnel records management, but there is at least personnel selection). Consequently, the educational requirements are standard for most positions at this level, specified in the professional standard “Human Resources Management Specialist”: higher specialized education (specialization “Human Resources Management”), or another + retraining in the field. Advanced training is a recommendation.
No work experience is required to start in this position.
I wish you success in mastering and implementing professional standards!
Galina Bobkova
PS The list of specialist positions whose qualifications must meet the professional standard can be found here
Current issues on the application of professional standards
Article 195.3 of the Labor Code of the Russian Federation, which comes into force on July 1, 2021, is called “Procedure for the application of professional standards.” However, legislators have not defined a clear methodology for introducing professional standards, the use of which is mandatory. Also, no algorithm of actions is provided in case the employer decides to use professional standards on a voluntary basis. In addition, the consequences for workers who do not meet the requirements of professional standards have not been established. In this regard, quite a lot of questions arise about what changes may occur in the relationship between employees and employers from July 1, 2021. Here are the answers of Ministry of Labor officials to some of these pressing questions.
Do professional standards need to be taken into account when employing new workers from July 1, 2021?
An employer does not have the right to hire a person who does not meet the requirements of professional standards in cases provided for by the provisions of Part 2 of Article 57 and Article 195.3 of the Labor Code of the Russian Federation. In other situations, the requirements of professional standards are advisory in nature (clause 6 of the Information of the Ministry of Labor dated 04/05/16).
Are professional standards mandatory for all employers or only for state and municipal organizations?
The mandatory application of the requirements of professional standards is established for cases provided for in articles and 195.3 of the Labor Code of the Russian Federation, and does not depend on the form of ownership of the organization or the status of the employer (clause 7 of the Information of the Ministry of Labor dated 04/05/06).
If for the same position (profession) the qualification reference book and the professional standard contain different qualification requirements, then which document should be used?
The employer has the right to independently determine which of these regulations he will apply. Exceptions may be established by the legislation of the Russian Federation (clause 5 of the Information of the Ministry of Labor dated 04/05/16).
Is it possible to fire an employee if his level of education or work experience does not meet the requirements of the professional standard?
The entry into force of a professional standard is not a basis for the dismissal of workers who do not meet its requirements (clause 10 of the Information of the Ministry of Labor dated 04/05/16).
Is the adoption of a new professional standard the basis for an automatic change in an employee’s duties?
The responsibilities of employees cannot change automatically due to the adoption of a professional standard (clause 10 of the Information of the Ministry of Labor dated 04/05/16).
Is it necessary to change employment contracts and job descriptions of employees after July 1, 2021?
The legislation does not oblige employers to bring employment contracts and job descriptions of employees into compliance with the requirements of professional standards, if their application is not mandatory (clause 9 of the Information of the Ministry of Labor dated 04/05/16).
If an employer decides to send employees to advanced training or retraining courses, who should pay for such training?
The issue of payment for training must be resolved on the terms and in the manner determined by the collective agreement, agreements, employment contract (clause 11 of the Information of the Ministry of Labor dated 04/05/16).
Based on the results of employee certification, is it possible to appoint a person to a position who does not meet the requirements of the professional standard (if the legislation of the Russian Federation does not establish mandatory requirements for this position)?
Even if a person does not have special training or work experience, which are established in the qualification directory or professional standard, but has sufficient practical experience, performs job duties efficiently and fully, he can be appointed to the appropriate position on the recommendation of the certification commission (clause 10 of the Information Ministry of Labor dated 04/05/16).
Private companies: professional standards that are mandatory for use
Note! The administration of a private employer has the right to independently determine the need for their use, without going beyond the scope of Art. 195.3 Labor Code of the Russian Federation.
When implementing standards, many personnel officers may have a question about whether there are overlaps or differences in the same profession. Which document should you be guided by - the Unified Classification Directory (USC, ECTS) or the professional standard? You should use the explanations set out in the letter of the Ministry of Labor of Russia dated April 4, 2016 No. 14-0/10/B-2253. Clause 5 of the clarification states that the administration has the right to independently decide which documents it will use. However, we must take into account the fact that the CEN and ECTS may soon be abandoned (clause 4 of the clarifications).
These clarifications also provide an answer to the question about the mandatory nature of professional standards (clause 6 of the clarifications). Art. 57 of the Labor Code of the Russian Federation requires the name of the position to be provided in accordance with the EKS and ECTS or the professional standard, if the norms of the Labor Code of the Russian Federation or other acts establish for such employees the right to receive additional benefits, bonuses, payments or restrictions are established.
Responsibility for non-application of professional standards
As mentioned above, the application of the requirements of professional standards is mandatory in cases provided for in articles and 195.3 of the Labor Code of the Russian Federation. If the employer does not comply with these requirements, he may be issued an order to eliminate violations of labor laws. In addition, he can be fined on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. If the application of professional standards is not mandatory by virtue of the legislation of the Russian Federation, then there are no grounds for holding the employer liable for failure to use professional standards. This is stated in paragraph 13 of the Information of the Ministry of Labor dated 04/05/16.
However, we note that if an employer in a local regulatory act (for example, in a collective agreement) undertakes to be guided by qualification reference books or professional standards, then he must comply with them. This conclusion can be drawn from the rulings of the Primorsky Regional Court dated 06.25.14 No. 33-5389, dated 06.24.14 No. 33-5464 and No. 33-5462.
When introducing professional standards, it is necessary to adopt or change a number of documents, and labor inspectors will take a comprehensive approach to their inspections. This was confirmed to us by Ivan Shklovets. At the same time, the official gave the following recommendations for the implementation of professional standards: “It is advisable to approve a plan for the implementation of professional standards, appoint responsible officials, and possibly create a working group. Next, you need to find out which professional standards are approved and which requirements of professional standards are mandatory. It is necessary to compare the labor functions of employees with the requirements of professional standards and, if necessary, make changes to the staffing table, job descriptions and employment contracts. Also, the employer can identify which of the employees need to improve their skills and undergo retraining and, accordingly, draw up a plan for such training,” explains Ivan Shklovets. “At the same time, I would like to note that the introduction of professional standards should be carried out gradually so that workers have the opportunity to bring their skill level into line with the requirements of professional standards.”
Measures to implement professional standards
The set of measures for the implementation of professional standards includes the following:
- Issuing an order to create a commission to introduce professional standards into the company’s activities.
- Conducting a commission meeting and drawing up an implementation schedule.
- Determining the labor functions of employees and applying the necessary professional standards in accordance with them.
- Renaming positions in accordance with the texts of professional standards.
- Making changes to job descriptions.
- Changing the wage system.
- Carrying out activities for retraining and training of employees.
- Conducting employee certification.
- Carrying out other organizational and staffing activities related to the implementation of professional standards.
