What employers and employees need to know about independent qualification assessment

Why is it important to undergo an independent qualification assessment as soon as possible?

From January 1, 2021, professional standards will become mandatory for municipal and budgetary organizations, as well as state corporations and companies with state participation (Resolution of the Government of the Russian Federation of June 27, 2016 No. 584).
This means that all employees will be required to officially confirm that their level of training meets the mandatory requirements of the professional standard. The employee must pass the exam and receive the coveted all-Russian certificate of qualification. This will help him defend his position in the workplace or move on to a better paid job. And the employer will be confident that the company employs qualified specialists.

Who makes the decision to send an employee for qualification assessment?

In general, employers are interested in qualified personnel. Therefore, it will be he who will decide whether exams are needed for his current or potential employees, determine the range of positions to be assessed, and issue referrals for the exam. But a specialist can pass this test on his own initiative and bring the employer a completed document confirming his qualifications. For example, this may be beneficial for those who do not have a specialized education, but have relevant experience and skills.

How to prepare for and pass the exam

Depending on the functions you perform in your practical work, we will determine what qualifications you need to confirm.

The selected skill level affects the difficulty of the exam. Therefore, it is so important, together with our experts, to compare your work experience and level of education with the qualification requirements.

The exam itself for independent assessment of qualifications consists of a theoretical and practical part. It will be conducted by an expert group from the Qualification Assessment Center. During the exam, she uses assessment tools that are developed based on the professional standard.

This is a set of tasks, assessment criteria, a description of the material, technical and personnel support for the exam (Order of the Ministry of Labor of Russia dated November 1, 2016 No. 601n “On approval of the Regulations on the development of assessment tools for conducting independent assessment of qualifications”).

a certificate of qualification of an all-Russian standard within thirty days . Information about your qualifications will be entered into the NARC register and will be available on the official website.

Legislation on independent assessment of workers' qualifications

On January 1, 2021, Federal Law No. 238-FZ dated July 3, 2016 “On independent assessment of qualifications” came into force.
Federal Law No. 238-FZ “On Independent Assessment of Qualifications”:

• establishes the legal and organizational basis and procedure for conducting an independent assessment of the qualifications of workers or persons applying for a certain type of labor activity,
• and also determines the legal status, rights and obligations of participants in such an independent qualification assessment;
• This Federal Law does not apply to citizens applying for civil service positions and civil servants.

Based on this Federal Law No. 238-FZ “On Independent Assessment of Qualifications,” two more Federal Laws were adopted:

• Federal Law of July 3, 2016 No. 239-FZ “On Amendments to the Labor Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications” and
• Federal Law of July 3, 2021 No. 251-FZ “On amendments to part two of the Tax Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications”.

Principles of independent assessment of employee qualifications:

• voluntariness and accessibility of qualification assessment procedures independent of the applicant, the specific employer of this applicant, or educational organization - with the leading role of the Councils for Professional Qualifications in the organization and quality control;
• competence of qualification assessment, ensured by the involvement of independent qualified experts, the use of uniform requirements, unified procedures;
• openness and reliability of information about the procedures and results of qualification assessment;
• protecting the rights of applicants, ensuring confidentiality of personal data obtained during qualification assessment, eliminating conflicts of interest and making biased decisions when assessing qualifications and based on its results.

The task of independent assessment of employee qualifications:

• establishing compliance of the employee’s experience, knowledge, skills and abilities with the required level of qualifications,
• in other words, an objective assessment of a specialist’s qualifications, recognized by the professional community,
• ensuring its compliance with current labor market requirements.

The process of independent assessment of qualifications takes place through a professional examination.

Independent assessment of qualifications and certification of an employee

Independent assessment of qualifications and certification of an employee are two different processes:

An independent assessment of an employee’s qualifications is voluntary:

• for both workers and employers and
• does not entail any negative consequences;

Results of the independent assessment of the employee’s qualifications:

• do not give the employer the right to terminate an employment contract with an employee who has not received a certificate of qualifications,
• or make changes to the current employment contract without the employee’s consent.

Who benefits from independent assessment of workers’ qualifications and what benefits?

Benefits of an independent assessment of qualifications for applicants (employees or persons applying for a certain type of work activity):

• the possibility of confirmation and recognition of qualifications, regardless of the means of obtaining it;
• advancement in the profession;
• increasing the chances of salary growth, admission to certain types of work, competitions, participation in contracts;
• expanding employment opportunities;
• reducing the time required for professional training and education;
• An employee who does not have a vocational education, but has work experience, having successfully passed an independent qualification assessment, increases his competitiveness in the labor market.

Benefits of independent assessment of employee qualifications for employers:

• the possibility of expanding participation in international and Russian auctions;
• the ability to confirm the company’s reputation by the presence of qualified personnel;
• increasing the level of qualifications of labor market participants through more fair control of workers’ qualifications;
• benefits from savings on personnel recruitment;
• increasing the efficiency of personnel management procedures and labor relations with employees.

Benefits of independent assessment of employee qualifications for educational organizations:

• confirmation of the quality of training in their educational programs;
• increased competitiveness in the educational services market, increased extra-budgetary income;
• high reputation of the educational organization before the founders and supervisory authorities;
• ensuring professional and public accreditation of their educational programs.

Benefits of independent assessment of employee qualifications for authorities:

• justification for allocating budgetary resources for personnel training;
• formation of industry development programs in the region based on real data on the qualifications of workers and the quality of labor resources;
• justification for procurement;
• increasing the investment attractiveness of the region and the country as a whole;
• a basis for international cooperation in the field of qualifications and labor markets.

Payment of expenses associated with undergoing an independent assessment of employee qualifications

The services of the qualification assessment center must be paid for by the person who applied for them.

There are two options for paying the costs associated with undergoing an independent assessment of employee qualifications:

• the first option - at the expense of the applicant (employee), other individuals and (or) legal entities, if the qualification assessment is carried out on the initiative of the applicant (employee),
• the second option is at the expense of the employer, if the assessment of the employee’s qualifications is carried out at the direction of the employer.

Cost of passing an independent assessment of employee qualifications:

• is not regulated by regulatory legal acts and
• determined, as a rule, by Qualification Assessment Centers (QACs), which will be discussed further.

At the same time, based on the clarification of the Ministry of Labor of Russia dated April 21, 2017, information about the cost should be posted on the website of the Qualification Assessment Center (QAC).

Information from the Ministry of Labor of Russia dated April 21, 2017 “Answers to frequently asked questions on the implementation of Federal Law No. 238-FZ of July 3, 2016 “On independent assessment of qualifications”

Guarantees and rights of workers when sent for an independent qualification assessment

In accordance with Article 187 “Guarantees and compensation for employees sent by the employer for vocational training or additional vocational education, to undergo an independent assessment of qualifications” of the Labor Code of the Russian Federation

when an employer sends an employee to undergo an independent qualification assessment outside of work:

• he retains his place of work (position);
• he retains the average salary at his main place of work;
• he is paid travel expenses in the manner and amount that are provided for persons sent on business trips.

Recommendations for reimbursement of costs associated with undergoing an independent qualification assessment

Based on the Federal Law of July 3, 2016 No. 251-FZ “On Amendments to the Tax Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications”:

• applicants are exempt from taxation of the fee for undergoing an independent qualification assessment;
• applicants have the right to receive social tax deductions in connection with an independent assessment of qualifications;
• sending employees to undergo an independent qualification assessment is included in other expenses of employers associated with production and sales.

Articles 217 “Income not subject to taxation (exempt from taxation)”, 219 “Social tax deductions” and 264 “Other expenses associated with production and (or) sales” of the Tax Code of the Russian Federation

Since 2021, a separate field has appeared in the declaration in form 3-NDFL for applying for a new social deduction:

• for payment for an independent assessment of qualifications.

The fee for an independent assessment of an employee’s qualifications will not be subject to personal income tax:

• employees who independently pay for an independent assessment of their qualifications will be able to receive a social tax deduction for personal income tax;

subp. 6 clause 1 of Article 219 “Social tax deductions” of the Tax Code of the Russian Federation

• the amount of the tax deduction is equal to the amount of actual expenses for passing the qualification assessment;
• the amount of this tax deduction and tax deductions provided for in subparagraph. 2-5 clause 1 of Article 219 “Social tax deductions” of the Tax Code of the Russian Federation (excluding expenses for the education of the taxpayer’s children and expensive treatment), in total should not exceed 120 thousand rubles per year.

Amounts spent on assessing the qualifications of employees can be included in income tax expenses.

subp. 23 clause 1 of Article 264 “Other expenses associated with production and (or) sales” of the Tax Code of the Russian Federation

How to pass an independent assessment of employee qualifications

In order to pass an independent qualification assessment you must:

• decide what qualifications need to be confirmed;
• find out whether an appropriate professional standard exists. The register of professional standards is located on the website of the Russian Ministry of Labor. If this profession is on the list, go to the next step;
• find out which organization developed the professional standard;
• If you have found the required Qualification Assessment Center (QAC) on the website nok-nark.ru, then you need to find out whether it is accredited by the relevant Council for Professional Qualifications (SPK), and make sure that this Qualification Assessment Center has the right to administer exams specifically in your specialty ;
• prepare a package of documents required to undergo a qualification assessment and approved by Order of the Ministry of Labor of Russia dated December 2, 2016 No. 706n “On approval of a sample application for an independent qualification assessment and the Procedure for submitting such an application”;
• pay for the qualification assessment procedure (while not forgetting about the possibility of subsequently receiving a social tax deduction);
• pass the exam. Within 30 days after the test, the Qualification Assessment Center will issue a certificate of qualification (if the exam is passed successfully) or recommendations for further improvement of skills and a certificate of passing the test. If you disagree with the result, you can challenge it within a month from the date of receipt of information from the Qualification Assessment Center. The issued certificate must correspond to the established model (Order of the Ministry of Labor of Russia dated December 12, 2016 No. 725n);
• make sure that the data on the issued certificate is included in the special Register of information on the independent assessment of qualifications on the website nok-nark.ru.

Remember that your qualifications have been confirmed, but the certificate you receive has an expiration date, since professional standards are constantly changing and may become out of date before they are approved.

How is an independent assessment of employee qualifications carried out?

An independent assessment of employee qualifications is carried out in the form of:

• professional exam
• using approved sets of assessment tools (ATS).

Set of assessment tools:

• this is a set of tasks and assessment criteria that are developed by the Councils for Professional Qualifications,
• a Qualification assessment centers are used when conducting a professional exam.

What requirements must the Employee Qualifications Assessment Center meet:

• the presence of an organizational structure that ensures the conduct of a professional exam;
• availability of material, technical and human resources necessary to conduct professional examinations in accordance with the list of professional qualifications declared by the organization and approved by the Council for Professional Qualifications and the corresponding assessment tools at the place of implementation of activities for independent assessment of qualifications on the right of ownership, as well as (if necessary) attracted on another legal basis;
• the list of names of professional qualifications declared by an organization to obtain the authority to conduct an independent qualification assessment must include all professional qualifications related to the relevant professional standard;
• availability of a website containing complete information about the activities of the Qualification Assessment Center, incl. the cost of conducting an independent qualification assessment.

The Qualification Assessment Center (QAC) has the right to:

• create an examination center (if the Qualification Assessment Center carries out independent qualification assessment activities outside the location of the CSC).

An examination center (EC) is an organization on the basis of which it is planned to conduct an independent assessment of qualifications (outside the location of the Qualification Assessment Center).

Documents issued based on the results of an independent assessment of employee qualifications

Based on the results of an independent qualification assessment:

• the employee is issued a Certificate of Qualification;
• information about issued Certificates of Qualification is entered and stored by the National Agency for the Development of Qualifications in the Register of Information on Independent Qualification Assessment on the website nok-nark.ru;
• a certificate of qualification does not replace a diploma of higher or secondary vocational education. The absence of a Certificate of Qualification cannot serve as a basis for refusing to hire an applicant;
• in case of an unsatisfactory assessment, the applicant is issued a Certificate of Completion of the professional exam, which includes recommendations for the applicant;
• if the applicant or employer does not agree with the decision made by the Qualification Assessment Center based on the results of passing a professional exam, within 30 calendar days from the date of informing them about the results of passing the professional exam, they have the right to submit a written complaint to the Appeal Commission of the relevant Council for Professional Qualifications for the consideration of complaints related to with the results of passing a professional exam and issuing a Certificate of Qualification.

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

PROTECTION OF LABOR RIGHTS OF HIRE EMPLOYEES IN THE RF

Is an employee required to take an exam, or can he refuse?

An independent assessment of qualifications is voluntary for both the employer and the employee. To send an employee to an exam, the employer must obtain his written consent. Any disciplinary sanctions cannot be applied to an employee for refusing to conduct an assessment. And by the way, fire him if he fails the exam, too.

This is confirmed by the Ministry of Labor.

NOTE! In some cases, the presence of appropriate qualifications and its compliance with professional standards is a condition for employees to perform certain types of activities. These cases are provided for by special laws or regulations (for more details, see Part 4 of Article 196 of the Labor Code of the Russian Federation). For such workers (auditors, teachers, doctors, etc.) an assessment is required.

List of goals and objectives of the CSC

Among the general tasks of the centers for assessing the professional qualifications of workers are:

• increasing the attractiveness of persons who have successfully completed the NOC for potential employers when selecting workers;
• improving professional motivation of specialists;
• providing optimal conditions that would allow enterprise employees to continuously improve their working skills and knowledge through special educational programs;
• increasing the importance of certain professional communities for the development of workers’ qualifications.

The activities of the CSC are aimed at achieving two important goals:

1. Implement objective, transparent and reliable procedures for assessing the qualifications of specialists, recognized in the labor market of the Russian Federation, regardless of the methods by which they were mastered.
2. Ensure strict compliance of the confirmed qualifications of specialists with each requirement, rule, standard and generally accepted NOC procedure.

In general, assessing the qualification level of employees is intended to perform the following functions:

• provide applicants with important information about NOC rules;
• organize and conduct NOC for compliance with professional standards, taking into account the guidance and methodological documentation of industry Councils on professional qualifications;
• generate information about the results of the assessment and transfer it to the sectoral Councils for Vocational Qualifications, so that the latter process, analyze and make appropriate entries in state registers;
• draw up and issue to applicants the conclusion of the examination commissions upon successful completion of the NOC - certificates of professional qualifications.

Financial side of the issue

The person who applied for them must pay for the services of the qualification assessment center. So, if a professional examination is carried out on the initiative of the employer, then the employer pays for it. If the initiator of the assessment is an employee (or a candidate employee), then it is he who must pay for the exam. De facto, this rule is already in effect, and de jure it will be enshrined in Article 187 of the Labor Code of the Russian Federation from January 2017.

Next year, employers will have the right to write off as expenses the amount spent on independent qualification assessments. The innovation will apply to those who apply the general taxation system, “simplified”, or pay a single agricultural tax. However, it will be possible to include the cost of the exam in expenses only in a situation where the examinee is an employee of the company. If a candidate employee is assessed, the exam fee will not reduce taxable income.

In addition, starting next year, a rule will be introduced according to which employee income in the form of the cost of an independent assessment of qualifications paid for by the employer will be exempt from personal income tax. If you pay for the professional examination yourself, the specialist will be entitled to a social tax deduction (see “The costs of an independent assessment of the qualifications of employees can be taken into account in expenses”).

Also, starting in 2021, a new version of Article 187 of the Labor Code of the Russian Federation will come into force, according to which an employee sent for an independent assessment will retain his job. Another guarantee will also appear: the employer’s obligation to calculate the average salary and reimburse travel expenses for the entire period of the assessment.