Educational institutions that have implemented the professional standard. Introduction of professional standards in education. Implementation plan for professional standards

Implementation procedure professional standards in an organization is a rather labor-intensive and lengthy process that includes many separate stages. At the same time, the implementation of each of them also contains many nuances and features that must be taken into account. Let's focus on the most important points which the employer must take into account in his work.

Where to start

The first thing you need to start with in the implementation of professional standards is with creating a working group (commission), which will be engaged in this work, as well as with the search and selection of the necessary professional standards. This selection is carried out by monitoring and selecting professional standards that are suitable for your organization.

Please note: it is recommended that any action of the commission be documented in an act, and any decision on a particular issue - in a protocol. Accordingly, for example, it is recommended to formalize the result of work on searching for professional standards in an arbitrary act, which indicates those professional standards on which further work will be carried out.

It is worth noting that the law does not limit the employer in drawing up documents that he considers necessary to draw up in the process of implementing professional standards. For example, for convenience you can publish order on the implementation of professional standards in the organization, setting out a list of standards to be applied.

Titles of positions/professions

As noted earlier, the introduction of professional standards is a step-by-step process. And separately, it is necessary to pay attention to the main risk areas that may arise if professional standards are incorrectly applied. In this regard, it is especially necessary to emphasize such a stage as checking names of positions (professions).

Let us remind you that Art. 57 of the Labor Code of the Russian Federation determines mandatory requirements to contents employment contract. At the same time, failure to comply with these requirements will create a threat of bringing employers to administrative liability under Part 3 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, where the imposition of a fine on an organization is expected in the amount of 50,000 to 100,000 rubles. Moreover, liability, as noted above, can arise for each incorrectly drawn up employment contract, as a result of which the fine can amount to millions. Therefore, it is very important to comply with the requirements that the Labor Code of the Russian Federation imposes on an employment contract.

So, according to Part 2 of Art. 57 of the Labor Code of the Russian Federation is one of mandatory conditions The employment contract is a condition regarding the labor function. A labor function is work in a position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work assigned to the employee. At the same time, this article imposes requirements for the name of the position (profession). So, if the Labor Code of the Russian Federation or other federal laws restrictions or benefits (compensations) are established for a certain profession or position, then such a profession or position must be named in accordance with the requirements of professional standards. Therefore, it is extremely important to understand whether there are precisely federal legislation such features for the position (profession) in question. If benefits or restrictions are established, it is necessary to make sure that the names of these positions (professions) correspond to those naming options that a specific professional standard requires for a certain position (profession).

If deviations are identified during such work, they certainly need to be eliminated. This can be done in several ways, the simplest of which is to transfer the employee to a newly introduced position (profession) with the “correct” name, and after the transfer, eliminate the “unnecessary” position (profession). There are other ways to “rename” a position (profession). However, in all cases it is necessary to be guided by the norms of the current labor legislation.

Employee qualification

Another risk area when working with professional standards is their requirements regarding the qualifications of the employee. On July 1, 2016, Art. 195.3. In fact, it says that all employers are required to apply professional standards in terms of qualification requirements.

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Marianna Shilova, General Counsel, Center for Economic Services

I would like to emphasize that the opinions of specialists regarding the mandatory application of professional standards from 07/01/2016 differed. All experts agree that the standards are mandatory in the part that imposes requirements on the qualifications of workers (Part 1 of Article 195.3 of the Labor Code of the Russian Federation). Employers can apply the remaining provisions of professional standards at their own discretion. at will(for example, when developing job or work instructions) taking into account the specifics of the organization’s activities. But opinions vary as to who exactly the qualification requirements are mandatory for. The stumbling block was Art. 195.3 of the Labor Code of the Russian Federation, which states that if the Labor Code of the Russian Federation, other federal laws, other regulatory legal acts The Russian Federation has established requirements for qualifications, then professional standards regarding these requirements are mandatory for use by employers.

In this regard, some believe that professional standards are mandatory only for certain categories of workers for whom this is directly stated in the law (for example, for teaching staff or workers engaged in underground work). Others believe that the professional standards approved by the Ministry of Labor of the Russian Federation are regulatory legal acts in themselves and, therefore, must be followed by all employers.

Whether or not to agree with the latter point of view is up to each employer; unfortunately, there is still no official clarification or judicial practice on this issue. But if you want to eliminate negative consequences, then it is better to start a gradual transition to taking into account the requirements of professional standards. After all, fines under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation are not small at all. Moreover, taking into account the trend emerging in judicial practice, on holding the employer liable for each individual offense for each individual employee, the fine can amount to significant amounts (see, for example, Resolution of the Supreme Court of the Russian Federation dated August 15, 2014 No. 60-AD14-12).

A professional standard, depending on what position or profession it describes, imposes a number of requirements for education, work experience, skills and abilities that an employee must have in order to occupy the described position. Accordingly, when working to implement professional standards, it is also necessary to compare the qualification characteristics specified in the professional standard with the qualifications that workers have today.

At the same time, as we said above, it is recommended to document each action in order to simplify further work. Relatively speaking, we carried out a procedure for comparing the level of education according to the professional standard with the level of education of workers - we prepared a report on the results of work. And such acts are recommended to be drawn up at each reconciliation (of experience, abilities, skills) for further decision-making to eliminate such shortcomings (if any).

Approval of additional LNAs

Also, to regulate the implementation of professional standards, a number of local regulations can be developed and approved, which will regulate the implementation procedure in detail. By adopting a local regulatory act, it is possible to regulate the elimination of identified violations of the requirements of professional standards, in particular:

procedure, terms, schedule for sending employees to vocational training;
the procedure for assessing and certifying employees;
the procedure for registering combinations, part-time jobs, expanding service areas, increasing the volume of work;
procedure for making changes and additions to personnel documents(if necessary).

However, it should be remembered that the content of such LNA should not in any way contradict the norms established by labor legislation, other regulatory legal acts containing norms labor law, collective agreements, agreements, and worsen the employee’s position in comparison with them.

Making changes to personnel documents

We will also touch upon such an issue as the preparation of personnel documents in an organization, taking into account the requirements of professional standards. In practice, when implementing the requirements of professional standards, employers usually have to change (or supplement) a document such as job description (or job description). This instruction is not a mandatory document in the organization. Nevertheless, in most cases, it is this document that specifies the employee’s labor function, and also describes the requirements that are presented to the employee in terms of education, work experience, necessary knowledge, skills, etc.

According to Art. 195.3 of the Labor Code of the Russian Federation (which came into force on July 1, 2016), professional standards must be used as the basis for determining the qualifications of workers. In other words, the qualification requirements specified in the professional standard are the minimum that the employer must comply with. From this we can conclude that if the employer’s documents set requirements for employees lower than the professional standard, it is recommended to change such documents and increase the requirements to the appropriate level.

As noted earlier, usually such a document is a job description (instructions for the profession). However, the difficulty of making changes to it will depend on how it was originally designed.

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Albert Gimatdinov, leading legal consultant of the audit company MKPTs

The procedure for making changes (and additions) to job descriptions (professional instructions) of employees depends on how the instructions were approved.

If, as a result, it was formalized as an annex to the employment contract (became an integral part of it), then the introduction of changes (and additions) must be formalized by an additional agreement to the employment contract in accordance with Art. 72 Labor Code of the Russian Federation. The employer has the right to offer the employee to make changes (additions) to the employment contract. The conclusion of such an additional agreement is possible only with the consent of the employee.

If the instruction was not an annex to the employment contract, but was approved as a separate document, then it will need to be approved in a new edition. It is worth noting that if, when changing the instructions, the employee’s labor function is changed, then approve new edition without the employee’s consent it will be meaningless: according to the general rules, a change in the employee’s labor function is possible only with his written consent (Articles 72, 72.1, 74 of the Labor Code of the Russian Federation).

We would like to add that a similar procedure for making changes to the instructions is given in the letter of Rostrud dated October 31, 2007 No. 4412-6.

In conclusion, let us explain that the above work should be carried out in relation to those professions and positions for which professional standards have already been adopted, since until the next professional standard is approved, the employer does not have an obligation to apply it. Therefore, an important stage of implementation is monitoring of newly adopted professional standards. When “new” standards are identified, they must be taken into account, analyzed and, if used in your organization, implemented in the prescribed manner.

How to introduce professional standards into an organization? How to develop an implementation plan? How to “softly” make the transition to professional standards? We will tell you step by step about the implementation of professional standards, and also give examples of documents: schedule, protocol, orders, which can be downloaded for free.

Download the form and example schedule for the implementation of professional standards

Download the form and example of a protocol for implementing professional standards

Download the form and example of an order for the implementation of professional standards

A professional standard is a description that an employee must meet to carry out a certain labor activity. Such a document contains the requirements for knowledge, skills, and work experience necessary to occupy a specific position. And in the national qualifications system a connection is formed between the sphere employment and region vocational education citizens.

By general rule professional standards are advisory in nature. But in some organizations, the introduction of professional standards will be mandatory from July 1, 2016.

Stages of introducing professional standards into an organization

Stage 1.
Formation of a working group.

The composition of such a group is approved by order of the head of the company. As a rule, it includes employees who, due to their occupation, will encounter professional standards on a daily basis. Among them: specialists from the personnel department, accounting, legal and economic planning departments.

Stage 2.
Development of a schedule for the implementation of professional standards.

This document is also approved by the head of the company. The plan contains information about intermediate implementation tasks and deadlines, as well as a list responsible persons for each point. Employees who are entrusted with the authority to draw up a plan for the implementation of professional standards confirm the fact of familiarization with a personal signature.

Stage 3.
Comparison of accepted professional standards for certain types of activities in the organization.

Professional standards include a definition of the main goal of the type of activity being described. It is compared with the purpose of the position in the company. It is convenient to use a staffing table for this process. Please note that the name of the professional standard does not always correspond to the name of the position in the organization.

Stage 4.
Rename some job titles if necessary.

If it turns out that the name of the position does not correspond to the accepted professional standard, and the employee has the right to receive benefits and compensation, then his position is renamed.

It is necessary to make adjustments, including to the employment agreement.

Whenever controversial situations, the decision on renaming is submitted for discussion to the working group. The result of the discussion is documented in the minutes.

Stage 5.
Checking employees' compliance with the requirements set out in professional standards.

Professional standards indicate information about the requirements for the level of education and experience professional activity, skills and knowledge that are necessary to carry out work. Employees holding certain positions are checked for compliance with the requirements.

If the employee’s qualification level does not correspond to the instructions of the professional standard, he cannot be fired. Such a basis is not provided for by labor legislation. In this case, the employer can offer the employee to undergo training and improve his skills. Training courses on professional standards are usually paid for by the employing company. During the training period, the employee retains his position and salary.

Implementation plan for professional standards

The implementation plan for professional standards is a document that defines intermediate tasks for the implementation of professional standards and deadlines for their implementation. The plan is developed by the company's management and brought to the attention of responsible employees. Confirmation of acceptance of the approved plan for work is the personal signature of those responsible.

Plan for transition to professional standards

The form of the plan is not established by law. The approximate content of the document and the expected intermediate result could be as follows:

Step 1.
Compiling a list of accepted professional standards that correspond to the types of activities in the company.

This list is provided to the manager for approval.

Step 2.
Verification of employee job titles with the names of accepted professional standards.

The result of this task will be a list of discrepancies, as well as minutes of the meeting of the working group members, which reflect decisions on renaming positions.

Step 3.
Checking local regulatory documentation and labor agreements for compliance with professional standards.

The presence of discrepancies is recorded for each position and discussed jointly by the working group.

Step 4.
Making amendments to local documentation and submitting it to the head of the company for approval.

Step 5.
Amendments to employment agreements with employees.

Amendments are made by drawing up an additional agreement to the employment contract. Information is also corrected in personal cards of employees (if any) and work books.

Step 6.
Adjustment of the certification process taking into account the established requirements in professional standards.

The working group makes proposals to improve the employee evaluation procedure.

Step 7
Checking employees' compliance with professional standards.

The result of this task should be a list by name of company employees whose qualifications do not meet established requirements. Based on this list, a training plan for employees is developed.

Step 8
The final task in the transition to professional standards is to summarize and resolve remaining controversial issues.

As a result of the work group's activities, a report is drawn up on the implementation of the plan, according to which the implementation is assessed by the head of the company.

Professional standards are used in various areas of the company’s activities. However, first of all, the HR and accounting department employees will need updated information.

Application of the provisions of professional standards

Professional standards can be applied by an employer:

in matters of formation of personnel accounting policy;
to carry out personnel management;
for the purpose of training employees, as well as their certification;
for drawing up job descriptions;
during installation tariff rates and assigning qualification levels to employees;
in order to determine the remuneration system, taking into account the specifics of production and performance conditions labor functions employee.

The provisions of professional standards should be taken into account when drawing up job descriptions, as well as in employment contracts.

Since the summer of 2016, we have entered a new era when professional standards in education, as in other areas, have become mandatory. The procedure for their implementation in an organization is certainly a difficult and time-consuming process.

If commercial companies may not always refer to standards, then they are mandatory for the education sector. What types of vocational education standards are there and what is the procedure for introducing professional standards of secondary vocational education, now let’s figure it out.

Plan for the implementation of professional standards in education

The first step is to create a working commission to implement standards. As a rule, the working group includes representatives of personnel services, lawyers, as well as those specialists who will directly work with the standards. The head of the institution is appointed as the chairman of such a group. An order is issued to create a working group. It is drawn up in free form on the institution’s letterhead. It specifies the composition of the group (commission), the goals and objectives of implementing the professional standard, the deadline for completing all procedures and the result that we want to get at the end. After signing by the manager, the order must be familiarized with the members of the commission against signature and the order must be transferred for storage.

It would also be useful to develop regulations on the work of the commission. It must describe the purposes for which it was created, the tasks that will need to be solved, its rights and responsibilities. As well as the order of meetings and their frequency. The provision must also be put into effect by order of the head of the organization. All meetings of the working group must be documented in minutes, and all decisions made must be documented in an act.

The next step is that the commission approves an action plan for the implementation of standards, as well as a register of professional education standards that will be applied specifically in this institution. Even at the planning stage, it is worth deciding on an exhaustive list of standards required in the process of activity. You should not implement those that you do not need at the moment and will not need in the near future. Thus, the list of standards for vocational and technical education will differ significantly from such a list in a general education institution or, even more so, in a kindergarten.

In the process of compiling the list, it is necessary to correlate the names of professions in the staffing table with the existing professional standards. A difference in names may be regarded as a violation of labor laws and may result in the imposition of penalties. Moreover, a fine will be issued for each incorrectly drawn up contract separately. Thus, with a significant number of personnel, fines can reach astronomical amounts.

Maintaining the identity of job titles will guarantee that the employee will not encounter any obstacles when applying for a pension. If the labor code or others legislative acts provide benefits (compensation) for some professions, then this position must exactly comply with the professional standard. Otherwise, the benefits will not apply. Therefore, in the process of adopting a list of professional standards in education, it is very important to compare the names adopted in the institution and the one that the professional standard allows. Moreover, first of all, you should rely on the content of the standard, and then on the name.

If discrepancies arise, of course they need to be eliminated. The most accessible option is to introduce a position with the “correct” name into the staffing table and transfer the employee to the newly introduced position. And then the “old” position will be excluded from the regular position.

The basic requirements imposed by professional standards are, of course, not requirements for the job title. The main point is the worker's skill level. All employees whose activities fall under the scope of the professional standard will have to “pull up” their knowledge to the required established level.

After agreeing on the list, it is necessary to determine the categories teaching staff, for which it is necessary to carry out vocational training(retraining). These categories of workers are sent for training to institutions with a state license with which the organization has a training agreement.

After the procedures have been completed, there is often a need to make changes or additions to personnel documents. Job descriptions undergo the most changes. These documents are not mandatory, but as a rule, any company has them. And if there is a document, then it needs to be brought into line with new realities. Often this is the only document that reflects the requirements for a candidate for a position, and also describes what specific tasks the employee must perform during the work process. It is worth noting that the professional standard is only the basis for the development of your internal regulations and it indicates the required minimum for the profession. From this we can conclude that the company has the right to establish more stringent requirements for the profession.

Changes to job descriptions (JIs) will have to be made in the manner in which they were issued. If DI is an independent act, then this is the simplest option. We release a new edition and approve it. The situation is more complicated if the DI is an annex to the employment contract. Then it will be necessary to issue additional agreements to employment contracts (for each employee separately). This method significantly increases the amount of work. In any case, the changed DI will need to be familiarized with signature to all employees affected by such changes.

Lists of professional standards are supplemented with new professions over time, and the company needs to periodically check whether new standards have been released.

List of professional standards in education

The register of professional education standards in 2016 includes 4 positions:

Teacher;
Educational psychologist;
Teacher additional education children and adults;
Teacher vocational training, vocational education and additional vocational education.

If in 2016 in the field of education only the testing of professional standards took place in a number of pilot regions, then from January 1, 2017 they will become mandatory for everyone educational institutions. The employer will have to be guided by them not only when developing DI and employment contracts, but also when choosing a remuneration system.

The most widely used will be the professional standard of a teacher. It includes work not only the work of teachers secondary schools, but also kindergarten teachers. The professional standard of a teacher allows a citizen to work only if he has a higher or secondary specialized education in educational sphere or in the direction of teaching. If education does not meet these requirements, then it is necessary to undergo additional education in the field in which work activity is planned.

In addition, restrictions have been established on the admission teaching activities. Thus, a person who has previously been deprived of the right to engage in such activities, persons who have previously been convicted, suffer from certain diseases or are incapacitated cannot work as a teacher or educator. But the professional standard for teachers does not impose requirements for experience. Therefore, graduates, immediately after receiving their diploma, can immediately plunge into the teaching process.

The list of approved professional standards in education is of course not exhaustive. At the moment there is an active process of its development and addition.

Law on professional standards made their use mandatory from July 1, 2016. Many employers still ignore professional standard when preparing draft job descriptions. First of all, it is necessary to understand whether the requirements of the law are unconditionally binding for everyone. In our article, we will not only analyze in detail what a standard is and what it consists of, but also tell you who will not be able to “get away” from its use.

In Russia, a large-scale reform of the wage system and the transition from its link to skill level to a system of professional standards (hereinafter referred to as PS) are being completed. The developed professional standards are intended to replace the usual but outdated qualification reference books.

The transition to PS has another goal. Bringing the system of training specialists at all levels of vocational education into line with the real requirements of each profession.

From this article you will learn:

The requirements of the professional standard do not contain the requirements:

A. To the level of professional education of the employee
B. To the employee's floor
B. To the quality of the work performed

What are professional standards

Before covering issues related to the application of professional standards, it is necessary to understand what they are. To do this, let us turn to the main document regulating relations in the sphere of labor - Labor Code. On January 1, 2017, the updated Chapter 31 of this act began to apply. Back in 2012, it officially included such concepts as “professional standard” and “qualification” (Article 195.1 of the Labor Code of the Russian Federation).

Qualification in professional standard

By qualification, the law understands a certain level of experience, as well as its constituent triad: knowledge, skills and abilities. A description of this qualification, necessary for the employee to successfully perform his job function, will be the professional norm. In other words, PS is a system of requirements for an employee, reflected in regulatory document. It establishes and records the requirements in a specific professional field. To date, more than 1,500 such documents have been developed and approved.

Who benefits from professional standards?

The use of PS for these professions is mandatory for all employers, regardless of the form of ownership of the enterprise. Failure to comply with this requirement is subject to liability under Art. 5.27 of the Administrative Code, as for any other violation of labor legislation.

The fine for an official is 1-5 thousand rubles, for an enterprise - up to 50 thousand rubles. However, given the novelty of the norms, so far more orders have been drawn up to eliminate violations than administrative protocols.

Legal basis of professional standards

Mandatory professional standards since 2017

At the beginning of 2017, software systems have already been developed for 40 sectors of the economy. The list includes all major industrial sectors, agricultural production; communications and transport, construction, services. In addition to the new standards, the number of which is approaching 2000, some of the existing ones have been updated and improved.

As an example of the new ones coming into force in July, we can name standards in the following areas:

Recruitment and KDP;
Labor rationing;
Personnel development and training, etc.

Mandatory requirements include having a university degree. And for class leadership positions Additional vocational education and certain experience, that is, work experience in the specialty, will also be required.

When is it necessary to rename an employee's position to comply with occupational standards?

A. Only in cases where the employee insists on it
B. In all cases of transition to a system of professional standards
B. Only in cases where the work in the position is related to the employee receiving any benefits, or imposes certain restrictions on him.

Not sure about the answer? Read the explanation below

Implementation of professional standards step by step

Step 1. Orders.

The manager’s tasks include not only organizing the transition to the PS system, but also notifying all employees about this. This purpose is served by an order, which simultaneously appoints a commission responsible for carrying out all necessary activities and sets deadlines. It is advisable to appoint to the commission those workers who are directly related to the application of standards: personnel officers, lawyers, economists and labor protection specialists.

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, the Government of the Russian Federation adopted Resolution No. 584, which establishes the specifics of the application of professional standards in terms of requirements mandatory for use by extra-budgetary funds and state 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:

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.

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?

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.
The first meeting of the commission is held, at which the scope of work is determined and the step by step plan on 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, indicates specific deadlines for completing the work, and assigns persons responsible for the implementation of the plan items (all of them must be familiarized with the document before signing). After drawing up the plan, it is approved by the head of the organization.
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.
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 agreement is concluded with the employee additional agreement to the employment contract about changing 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.
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.
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.
If the professional standard for a certain type of activity, while its application is mandatory, establishes an employee’s qualifications higher than what he has, the employer has the right to send him to advanced training courses or raise the issue of receiving 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, when it comes to paying for training by the employer, an apprenticeship agreement is concluded with the employee, under the terms of which he is obliged to work for a certain time in the company after receiving his education; otherwise, tuition fees will be charged.
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.
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 working hours 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:

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 labor contracts and local documents and their subsequent transfer for approval to the head of the company.
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.

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:

Request information from the territorial division of the Ministry of Labor of the Russian Federation.
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 assignment of a pension, then the competent authority will take into account reference books establishing qualifications. That is why employers in such positions should study regulatory framework for the purpose of early retirement. 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:

Transfer to another position (for example, if there is not enough experience to occupy a position in accordance with the provisions of the standard).
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.

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