Problems of improving professional training (regional aspect). Problems of training lawyers in modern conditions Jurisprudence current problems of professional training
FEDERAL EDUCATION AGENCY
STATE EDUCATIONAL INSTITUTION
HIGHER PROFESSIONAL EDUCATION
"URAL STATE
LAW ACADEMY"
Faculty of Shortened Educational Programs
Department of Labor Law
PROBLEMS OF LEGAL REGULATION OF PERSONNEL TRAINING AND RETRAINING
Introduction
Chapter 1. Legal basis for training and retraining of personnel
§1. International legal regulation of training and retraining of personnel
§2. National sources of regulation of training and retraining of personnel
Chapter 2. Legal regulation of training and retraining of personnel
§1. The concept and types of vocational training under Russian legislation
§2. Rights and obligations of the employer and employee in the field of vocational training
§3. Student agreement as a way to exercise the right to vocational training and retraining
§4. The main shortcomings of the legislation on vocational training and ways to improve the legal regulation of training and retraining of personnel
Conclusion
List of used normative sources and literature
INTRODUCTION
The transition to a market economy puts forward fundamentally new requirements for employees - managers, specialists, workers, for the organization and content of their professional training and retraining.
Enterprises are switching to new technology, producing new products, and changing their production profile. Many workers are released from their jobs for these reasons or due to the liquidation of organizations, reduction of numbers or staff in them.
Each of these circumstances seriously affects the structure of personnel needs, depending on their professional preparedness for the work that they can or will be able to perform.
Education (in the sense of training) of personnel is the most important factor in economic growth in the country; therefore, society and the state as a whole benefit from intra-organizational training, receiving more qualified members and higher productivity social labor at no additional cost.
Thus, professional development of personnel acquires special importance and becomes an integral condition for the successful functioning of any organization. Taking into account the specifics of the Russian market, which is characterized by rapid and frequent changes in both external and internal operating conditions of the enterprise, it can be stated that the development of a vocational training system in an organization determines not only the success of its development, but also its survival. The accelerated development of scientific and technological progress and the rapid obsolescence of professional knowledge and skills are not the only factors determining the significantly increased role of vocational training - it helps the company meet increasingly stringent market requirements.
An urgent task is training, advanced training, training in related and second professions for workers, the formation of an entrepreneurial corps, taking into account new economic conditions, Russian traditions and world experience.
In recent years, significant changes have occurred in the field of legal regulation of public relations, caused by profound changes in the sphere of organization and use of labor under the influence of significant changes in social and civil life, the growing role of law in market conditions, scientific and technological progress, and the development of foreign economic relations. In recent years, the dynamics have changed, the intensity of development of relations has increased, social ties have become more complex, both in the economic and socio-political spheres. This, in turn, requires increasing the competence and qualifications of workers in all spheres of public life, their ability to quickly adapt to a changing situation, and improving their political and legal culture. In such conditions, the role of training, retraining and advanced training of workers increases significantly, which, accordingly, entails an increase in the role of the state in this process and dictates the need to improve the system of public administration and legal regulation of this activity.
Therefore, I consider a theoretical study of the system of legal regulation of training and retraining of personnel, including the identification of existing problems on this issue, to be particularly relevant.
The purpose of the work is a comprehensive study of the legal regulation of relations on professional retraining in the context of ensuring the right to work and the right to education, the formulation and solution of theoretical and practical issues and the development on this basis of proposals for improving the regulatory framework in the designated area.
The above goal predetermined the formulation of the following scientific and practical tasks:
1. consider the legal basis for training and retraining of personnel.
2. analyze the legal regulation of training and retraining of personnel.
3. study directions for improving legislation on training and retraining of personnel.
To solve these problems, it is necessary to study the social relations that develop in the field of professional retraining of workers, as well as the norms of labor law of the Russian Federation governing relations in professional retraining of personnel.
The thesis consists of an introduction, two chapters, a conclusion and a list of used regulatory sources and literature.
The first chapter is devoted to the study of the sources of regulation of training and retraining of personnel, reveals the national and international legal regulation of professional training of workers.
The second chapter examines the legal regulation of training and retraining of personnel. The concept and types of vocational training under Russian legislation are revealed, given general characteristics the rights and obligations of the employer and employee in the field of vocational training, the apprenticeship agreement is considered as a way to exercise the right to vocational training and retraining. This chapter also identifies the main shortcomings of the legislation on vocational training and suggests ways to improve the efficiency of the legal regulation of training and retraining of personnel.
In conclusion, the main results of the study are presented, conclusions and practical recommendations are formulated.
Chapter 1. Legal basis for training and retraining of personnel
§ 1. International legal regulation of training and retraining of personnel
In countries with developed market economies, serious attention is paid to professional training of personnel. The problem of the quality of training of qualified workers remains relevant for many foreign countries. Characteristic feature vocational training systems of countries with developed market economies is that they reflect the characteristics of the society of which they are a part. This has an impact on the content of training, the procedure for developing normative documents regulating the appropriate quality of vocational training, the division of powers between different levels of management, the mechanism of implementation and financing.
International organizations and, above all, the International Labor Organization are playing an increasingly important role in the vocational training of workers. The implementation of its recommendations is the basis for the unification and harmonization of national vocational training systems and contributes to the free movement of labor and the realization of the worker’s right to get a job in accordance with the qualifications he has received.
The need to analyze international recommendations and existing experience in the field of legal regulation of vocational training in countries with developed market economies is explained by the fact that in Russia there is an objective need to integrate the economy into the world economic system, which involves the export and import of technologies, labor, methods of organization and production management ; formation of the labor market; the formation and development of the non-state sector of the economy, including the private sector; significant differences in the level of qualifications of workers and specialists, both in their own country and in the countries of the European community; lack of professional standards, which prevents the recognition of qualifications obtained in Russia in other countries.
In addition, the expansion of the powers of regional authorities in Russia has not yet been accompanied by an increase in their responsibility for the quality of labor resources.
Analysis of international aspects of legal regulation in the field of vocational training and personnel development will significantly contribute to the high-quality development of regulatory legal documents in the field of legal regulation of vocational training and personnel development in production.
To date, a significant block of international legal acts in the field of education has already been formed.
The rules governing educational relations can be contained both in international treaties and agreements governing exclusively educational relations, and in various treaties and agreements in which education issues are addressed directly or indirectly, along with other issues.
Thus, ILO Convention No. 142 of 23.06.75 “On Vocational Guidance and Training in the Field of Human Resources Development” provides that each Member of the Organization shall adopt and develop fully coordinated policies and programs for vocational guidance and training closely related to employment, in particular through state employment services.
Such policies and programs shall take due account of:
Employment needs, opportunities and problems, both at the regional and national levels;
Stage and level of economic, social and cultural development;
– the relationship between human resource development and other economic, social and cultural goals.
These policies and programs are implemented using methods appropriate to national conditions and are designed to enhance the ability of the individual, individually or collectively, to influence the industrial and social environment.
These policies and programs encourage and enable all persons, on a basis of equality and without discrimination of any kind, to develop and apply their abilities to work in their own interests and in accordance with their aspirations, taking into account the needs of society.
For the above purposes, each Member of the ILO has the right to develop and improve open, flexible and complementary systems of general and vocational education, school and vocational guidance and training, whether these activities take place within or outside the formal education system.
Vocational guidance and training policies and programs shall be prepared and implemented in cooperation with employers' and workers' organizations and, where necessary in accordance with national law and practice, with other concerned bodies.
ILO Convention No. 168 on the Promotion of Employment and Protection against Unemployment, 1988, considers vocational training and vocational guidance to be mandatory measures aimed at promoting full, productive and freely chosen employment.
ILO Convention No. 159 “On Vocational Rehabilitation and Employment of Persons with Disabilities” of 1983 imposes on ILO member states the obligation to ensure that a disabled person has the opportunity to obtain, maintain suitable job and promotion, thereby facilitating his social integration or reintegration.
A number of ILO recommendations are also devoted to issues of vocational training and career guidance, in particular:
In a rapidly developing market economy, the problems of selecting qualified personnel and ensuring the development of their professional potential are relevant for any economic entity. In this regard, the legal regulation of professional training, retraining and advanced training of workers is of particular importance.
And an important role here is played by international legal regulation of relations related to professional training and retraining of personnel.
Of course, international legal norms play an important role in the mechanism of legal regulation of labor legislation, including legislation on vocational training and retraining.
And this role is explained by the principle of priority of international law, which is reflected in Art. 15 of the Constitution of the Russian Federation and Art. 10 of the Labor Code of the Russian Federation, which says: “generally recognized principles and norms of international law and international treaties of the Russian Federation are integral part legal system of the Russian Federation". Part 2 of the Labor Code of the Russian Federation states: “If an international treaty of the Russian Federation establishes rules other than those provided for by laws and other regulatory legal acts containing labor law norms, the rules of the international treaty are applied.” It is obvious that international treaties (principles, norms) are applied as a direct regulator labor relations when the norms of national legislation worsen the situation of citizens and organizations in comparison with the corresponding international rules, i.e. establish a lower level of legal guarantees and social protection.
As rightly noted by A.F. Nurtdinova, “for labor law, what matters is not the very fact of the existence of another rule in an international agreement, but its nature (more or less favorable conditions for workers), but Art. 10 of the Labor Code of the Russian Federation does not take into account the industry principle of not worsening the situation of workers.”
Indeed, this principle is important because it determines the features of constructing a system of sources of labor law, and in this regard it needs to be enshrined in the Labor Code of the Russian Federation.
Today, the sources of international law regulating integration processes in certain areas of education are becoming international standards, mandatory for the legislative branch of the state participating in integration processes, when adopting acts of domestic law, in particular in the field of training and retraining of personnel.
§ 2. National sources of regulation of training and retraining of personnel
personnel training professional training
Russian legislation regulating relations in the field of professional training, retraining and advanced training of workers includes the Labor Code of the Russian Federation, other federal laws, by-laws, including acts of the former USSR, valid to the extent that does not contradict the Labor Code of the Russian Federation.
Current legislation includes the whole complex multi-level acts aimed at regulating the activities of professional training, retraining and advanced training.
Among the acts of Russian legislation regulating relations in the field of higher and postgraduate education, along with the Federal Law “On Higher and Postgraduate Professional Education” and the Law of the Russian Federation “On Education”, there may be other legislative acts adopted to regulate relations that develop exclusively in the field training and retraining of personnel. The field of professional training, retraining and advanced training is regulated by dozens of by-laws and departmental acts. I would like to highlight only the main acts:
1. Federal Law No. 79-FZ dated July 27, 2004 (as amended on December 25, 2008) “On the State Civil Service of the Russian Federation”;
2. Federal Law of January 17, 1992 No. 2202-1 (as amended on December 25, 2008) “On the Prosecutor’s Office of the Russian Federation”;
3. Decree of the Government of the Russian Federation dated January 31, 2009 No. 82 “On approval of the Model Regulations on a military educational institution of higher education vocational education» ;
4. Decree of the Government of the Russian Federation dated June 26, 1995 No. 610 (as amended on March 31, 2003) “On approval of the Model Regulations on the educational institution of additional professional education (advanced training) for specialists”;
5. Order of the Ministry of Education of the Russian Federation dated September 6, 2000 No. 2571 “On approval of the Regulations on the procedure and conditions for professional retraining of specialists”;
6. Resolution of the Ministry of Labor of the Russian Federation No. 3, Ministry of Education of the Russian Federation No. 1 of 01/13/2000 (as amended on 02/08/2001) “On approval of the Regulations on the organization of professional training, advanced training and retraining of unemployed citizens and the unemployed population”;
7. Order of the Ministry of Justice of the Russian Federation dated April 11, 2007 No. 73 “On approval of the Manual on the organization of professional education for employees of the penal system”;
8. Order of the Ministry of Internal Affairs of the Russian Federation dated December 14, 1999 No. 1038 (as amended on December 9, 2008) “On approval of the Instructions on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation”;
These acts occupy a special place in the mechanism of legal regulation of professional training and retraining of personnel, as they reveal issues in the field of professional training and retraining of specialists in various professions and industries.
The fundamental regulatory act in the field of vocational training of workers is the Labor Code of the Russian Federation, which contains a separate section devoted to vocational training, retraining and advanced training of workers.
How and to what extent do labor law norms, and, above all, the Labor Code of the Russian Federation, optimally regulate these relations?
In accordance with Article 1 of the Labor Code of the Russian Federation, one of the main tasks of labor legislation is the legal regulation of relations regarding professional training, retraining and advanced training of workers directly with a given employer.
One of the basic principles of the legal regulation of labor relations and other relations directly related to them is to ensure equality of opportunity for workers, without any discrimination, for promotion at work, taking into account labor productivity, qualifications and work experience in the specialty, as well as for professional training, retraining and advancement qualifications.
The basic rights of an employee include the right to professional training, retraining and advanced training.
In the science of Russian labor law, in fact, it is an axiom that the employee’s right corresponds to the corresponding obligation of the employer. In this regard, it can be assumed that one of the main responsibilities of the employer is the obligation to provide professional training, retraining and advanced training of employees. Thus, according to Article 22 of the Labor Code of the Russian Federation, the employer is obliged to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement, agreements and employment contracts.
In contrast to the Labor Code of the RSFSR (1918, 1922 and 1971), the Labor Code of the Russian Federation established an independent section IX “Vocational training, retraining and advanced training of workers,” which is an important and timely measure. We should agree with A.Ya. Petrov is that this section contains norms that form an independent institution of Russian labor law, and its importance in a market economy cannot be overestimated.
Chapter 2. Legal regulation of training and retraining of personnel
§ 1. The concept and types of vocational training under Russian legislation
In the 21st century One of the main priorities of social development is the acquisition of knowledge and professional training. It is no coincidence that the new era was called the “age of knowledge” and the concept of a “knowledge-based society” appeared. Intellectualization of social labor in the 21st century. dictates new requirements for the organization of vocational education and training. This problem is solved at the legal level within the framework of intersectoral interaction (state law, international law, administrative law, labor law and social security law, etc.).
Professional education at the appropriate level (primary, secondary, higher, postgraduate and additional) is based on mandatory state educational standards.
An educational standard should be understood as the state educational standards of the Russian Federation (primary vocational, secondary vocational and higher vocational education). In accordance with the Law of the Russian Federation “On Education,” state educational standards include federal and regional (national-regional) components, as well as an educational institution component. The federal component of state educational standards determines the mandatory minimum content of basic educational programs and requirements for the level of training of graduates.
In the language of the law, providing an employee with the opportunity to improve his professional level is called professional training, retraining and advanced training of the employee. This is an extensive and complex legal institution regulated by the Labor Code of the Russian Federation, the Law of the Russian Federation “On Education”, and the Federal Law “On Higher and Postgraduate Professional Education”. And also by the norms of the Tax Code of the Russian Federation (part two) where in paragraphs. 23 clause 1 art. 264 provides for the costs of professional training, advanced training and retraining of personnel to be included in other costs associated with production and sales.
Based on the analysis of regulatory documents, the following types of vocational training can be distinguished:
1. vocational training;
2. professional retraining;
3. advanced training;
4. training in second professions.
According to the provisions of Art. 21 of the Law of the Russian Federation “On Education” the concept of professional training is revealed through a detailed description of its goals. So, the purpose of professional training is the accelerated acquisition by the student of the skills necessary to perform a certain job or group of jobs. It is important to pay attention to the factor that distinguishes vocational training from other types: vocational training is not accompanied by an increase in the educational level of the student. It can be obtained in educational institutions, in educational departments of organizations that have the appropriate licenses. In addition, you can use the services of specialists with appropriate qualifications for individual training. An employee can independently receive professional training in the above-mentioned institutions and departments, and he can also be sent by an employer, both an already working employee and a potential employee looking for work with this employer. In addition, vocational training can be obtained by the employee and the person job seekers, directly from a specific employer (future employer).
Order of the Ministry of Education of Russia dated September 6, 2000 No. 2571 “On approval of the regulations on the procedure and conditions for professional retraining of specialists” approved the corresponding regulation, paragraph 1 of which provides a definition of professional retraining.
Professional retraining is an independent type of additional professional education. It is carried out taking into account the profile of the acquired education of the employee sent for retraining. It can be carried out by educational institutions of advanced training and departments of educational institutions of higher and secondary vocational education. Additional professional educational programs are being developed for professional retraining.
There are two types of programs:
Programs that improve the knowledge of specialists to perform a new type of professional activity;
Programs that exist to obtain additional qualifications.
According to clause 7 of the Model Regulations on an educational institution of additional professional education (advanced training), the purpose of professional retraining of specialists is to obtain additional knowledge, skills and abilities in educational programs that include the study of individual disciplines, sections of science, engineering and technology necessary to carry out new type of professional activity.
Professional retraining is also carried out to expand the qualifications of specialists in order to adapt to new economic and social conditions and conduct new professional activities. The requirements of international standards are also taken into account.
As a result of professional retraining, a specialist may be assigned additional qualifications based on the acquired specialty.
Professional retraining of specialists is carried out on the basis of higher and secondary vocational education.
Based on the results of professional retraining, specialists receive a state-issued diploma certifying their right (qualification) to conduct professional activities in a certain field.
One type of vocational training is advanced training. The purpose of advanced training is to update the theoretical and practical knowledge of specialists in connection with increasing requirements for the level of qualifications and the need to master modern methods solutions professional tasks.
Advanced training, in turn, is divided into the following types of training:
Short-term (at least 72 hours) thematic training on specific production issues, which is carried out at the place of the main work of specialists and ends with passing the relevant exam, test or defense of an essay;
Long-term (over 100 hours) training of specialists in an educational institution for advanced training for in-depth study of current problems in science, technology, technology, socio-economic and other problems in the profile of professional activity;
Thematic, including problem-based seminars (from 72 to 100 hours) on scientific, technical, technological, socio-economic and other problems arising at the level of industry, region, enterprise (association), organization or institution.
Persons who have successfully completed the advanced training course may be issued the following state-issued documents:
1. in case of completion of short-term or thematic training according to the program in the amount of 72 to 100 hours, a certificate of advanced training is issued;
2. In case of completion of training in a program of more than 100 hours, a certificate of advanced training is issued.
The last type of proposed classification is training in second professions. It should be noted that this concept applies to blue-collar workers. Its definition is contained in clause 14 of the Model Regulations on Continuous Professional and Economic Training of Personnel National economy, approved Resolution of the State Labor Committee of the USSR, State Education of the USSR, Secretariat of the All-Union Central Council of Trade Unions dated June 15, 1988 No. 369/92-14-147/20/18-22, which applies to the extent that does not contradict the Labor Code of the Russian Federation. Training workers in second (related) professions is the training of persons who already have a profession with the aim of obtaining a new profession with an initial or higher level of qualifications. Training of workers in second (related) professions is organized to expand their professional profile, preparation for work in the conditions of application of progressive forms of organization and remuneration, as well as in combined professions.
The standard regulation on an educational institution identifies internship as a separate type of additional professional education.
The general provisions of Section IX of the Labor Code of the Russian Federation, dedicated to professional training, retraining and advanced training of workers, do not mention the concept of internship, which is widespread in practice. An internship can be either an independent type of additional professional education or one of the sections of the curriculum for advanced training and retraining of specialists. The main purpose of the internship is to form and consolidate in practice professional knowledge, skills and abilities acquired as a result of theoretical training. The internship is also carried out for the purpose of studying best practices, acquiring professional and organizational skills to perform the duties of the current or higher position.
Internships for specialists can be carried out both in the Russian Federation and abroad at enterprises (associations), leading research organizations, educational institutions, consulting firms and federal executive authorities. The duration of the internship is established by the employer sending the employee for training, based on its goals and in agreement with the head of the enterprise (association), organization or institution where it is carried out.
The vocational training system must significantly increase its ability to innovate and respond flexibly to market needs. This provision is central to the policy of vocational training in the transition to a market economy.
The goal of organizing professional training in production should be to create a system of continuous education of personnel based on the optimal combination of various forms of training new workers, retraining and training workers in second professions, improving their qualifications and level of knowledge, taking into account dynamic changes in technology, technology, production organization, etc. closely linked with their individual professional and qualification advancement.
The essence of the concept of “lifelong” education is constant adaptation, periodic upgrading and retraining of the workforce throughout their active working life, both within the formal and informal education systems based on high-quality basic, initial training. The principle of continuity of vocational training should be ensured by the step-by-step and continuity of each worker passing through individual stages of education (from lower, primary, to higher) based on the consistent acquisition of knowledge, skills, and abilities. For this purpose, it is advisable to build the learning process along an ascending line in such a way that each subsequent stage is a logical continuation of the previous ones and represents a complete learning cycle.
Advanced training after completion of vocational training and a certain period of work in the profession is aimed at achieving two goals:
Ensuring the adaptation of professional qualifications to new trends in technical and professional development by conducting training events that accompany the labor process, mainly at the enterprises themselves;
Preparation of a professional career with a transition to a higher level of qualification as specialists and mid-level management personnel (for example, craftsmen, technicians, specialists in various fields, etc.), by attending courses at an enterprise, at a training center serving many enterprises, or at a vocational school.
The vocational training cycle begins with the identification of needs, which consists of identifying the correspondence between the requirements of the enterprise to professional knowledge and the skills of their employees and the knowledge and skills that they actually possess. Based on an analysis of the needs and resources of the enterprise, the budget and goals of vocational training are determined, as well as criteria for assessing its effectiveness. An important place in the learning process should be given to measuring its effectiveness, developing and implementing training programs. Among these areas of training, a special place among enterprise personnel service specialists is occupied by the task of determining the needs (needs) of personnel training. Professional development is the process of preparing employees to perform new production functions, occupy new positions, and solve new problems related to the activities of the enterprise in market conditions.
The types and directions of professional education and training determine its forms. The following forms are usually distinguished.
On-the-job training in progress. This form of preparation is the most efficient, because provides a close connection directly with the process of the employee’s activities. Typically, this form is implemented through mentoring and supervision using methods of increasingly complex tasks, guided acquisition of experience, production instruction, rotation, using an employee as an assistant, delegation of authority - functions and responsibilities.
The advantage of on-the-job training: it is cheap, it is easy to meet the needs of the trainee, and the employee gets hands-on experience.
However, this method has disadvantages: workers may not have sufficient training experience; the workers asked to train may not have the authority or responsibility to do so; employees may resent being taught by their colleagues.
Off-the-job training more effective, but is associated with additional financial costs and distraction of the employee from his official duties. Methods of vocational training outside the workplace are intended primarily to obtain theoretical knowledge and to teach problem solving, decision making, and coordinated behavior.
The advantage of this form is that:
The classes are taught by experienced experts;
Modern equipment and information are used;
Employees receive a charge of fresh ideas and information.
But there are also some disadvantages, they are expressed in the following:
It can be expensive;
Courses may be divorced from practice and oversaturated with theory;
Workers may not be inclined to undertake training in their free time.
Professional development also has a positive impact on employees themselves. By improving their qualifications and acquiring new skills and knowledge, they become more competitive in the labor market and receive additional opportunities for professional growth both within their organization and outside it. Vocational training contributes to the overall intellectual development of a person and strengthens self-confidence. Therefore, the opportunity to receive professional training in one’s own company is highly valued by employees and has a great influence on their decision to work in a particular organization.
If we consider vocational education as a system, then it is necessary to distinguish two stages. The first is professional training itself. The second is subsequent efforts made to deepen, expand and complement previously acquired qualifications.
At the same time, depending on the goals pursued, previously acquired qualifications must be preserved, brought into line with the changed situation, or used for professional advancement. This approach to advanced training directly follows from the concept of lifelong education, which is based on the principle of organizing stepwise industrial training of personnel.
From the above, it is important to distinguish between the right to vocational education, based on state educational standards, and the right to vocational training, including vocational training, retraining and advanced training of workers. In the latter case, according to the Labor Code of the Russian Federation, the basic rights of an employee include the right to vocational training, retraining and advanced training, in other words, the “right to vocational training.” The organization of vocational training should be covered by all levels of legal regulation of labor relations (regulatory, collective contractual, local and individual contractual). Forms of professional training, retraining and advanced training are determined by the employer, taking into account the opinion of the representative body of employees in the manner established for the adoption of local regulations. The exercise by a specific employee of the right to vocational training is carried out through the conclusion additional agreement between employee and employer (Article 197 of the Labor Code of the Russian Federation).
Vocational training in all the forms listed above always contains both elements: an element of study and an element of application.
§ 2. Rights and obligations of the employer and employee in the field of vocational training
In the new economic conditions of Russia's development, the need for legal regulation of professional training, retraining and advanced training of workers is obvious, since in the post-Soviet period the system of training and retraining of personnel was thoroughly shaken. This could not but affect the qualifications of personnel, while one of the main factors in ensuring the normal functioning of any enterprise, institution or organization is the availability of qualified personnel.
In this regard, the legislator introduced a special section into the Labor Code of the Russian Federation devoted to the regulation of training, retraining and advanced training of personnel. In ch. 31 of this section are grouped general provisions regulating relations in the field of training, retraining and advanced training of personnel.
In the content of this section of the Labor Code of the Russian Federation, the emphasis is placed on the powers of the employer to organize training and retraining of personnel, which, based on the specific objectives of the organization, prospects for its development, improvement of existing and creation of new jobs, itself determines the need for professional training and retraining of personnel for the needs of this organizations
The right of every employee to professional training, retraining and advanced training on the principles of equality of opportunity without any discrimination is established by labor legislation (Article 21 of the Labor Code of the Russian Federation). The right to vocational training of this kind must be exercised in the manner established by regulatory legal acts. In practice, parties to labor relations are faced with a number of issues related to the implementation of workers’ rights to vocational training.
Employee training can be organized in various forms. Familiarization with the specifics of work in a given organization and the development of skills in the implementation of new production tasks are carried out by each employee, including independently in the process of work. The organization can also independently organize training and conduct internal certification of employees.
Professional training can be completed in educational institutions, in educational departments of organizations and through individual training from specialists with appropriate qualifications.
Additional educational programs can be implemented in various educational institutions, including in institutions of additional education (for example, in advanced training courses), as well as through individual teaching activities (in individual classes).
Based on the results of advanced training and retraining, certification is carried out. Upon completion of training in all of the listed types of additional education programs, the employee receives a corresponding document, and state-issued documents are issued only by accredited educational institutions.
Individual labor is not licensed and does not undergo state accreditation pedagogical activity, as well as educational activities in the form of one-time lectures, internships, seminars and other types of training, not accompanied by final certification and issuance of documents on education and (or) qualifications.
The above means that the employer has the right, without obtaining an appropriate license or state accreditation organize training for employees at the enterprise. However, documents based on the results of such training are not issued.
The employer must not mislead employees regarding the status of such occupations, since, according to the law, knowledge acquired in this way is no different from self-education. The exception is labor safety instruction. As a general rule, unless we are talking about dangerous, harmful working conditions and other special cases, training, certification and issuance of documents on completion of labor safety training are carried out by the organization itself.
According to paragraph 4 of Art. 196 of the Labor Code of the Russian Federation, the employer is obliged to provide training, which is a condition for the employee to perform professional activities, and the employee is obliged to undergo such training and the necessary certification in cases provided for by federal laws and other regulatory legal acts of the Russian Federation.
Let us consider in more detail some types of activities and legislative acts that provide for this obligation:
So paragraph 4 of Art. 25 of the Federal Law of the Russian Federation of January 10, 2003 No. 17-FZ “On railway transport in the Russian Federation”, advanced training of railway transport workers whose production activities are directly related to the movement of trains is carried out at the expense of employers in the manner established by the relevant executive authority.
A similar rule is contained in paragraph 1 of Art. 9 Federal Law of July 21, 1997 No. 116-FZ ed. dated 12/30/2008 “On industrial safety of hazardous production facilities”, which classifies the training and certification of workers in the field of industrial safety as industrial safety requirements, the obligation to comply with which lies with organizations operating hazardous production facilities.
In relation to doctors, the employer, in order to obtain a license to carry out medical activities, has an obligation to carry out advanced training for doctors at least once every five years, clause 5 sub-clause. e) Resolution of the Government of the Russian Federation dated January 22, 2007 No. 30 (as amended on April 7, 2008) “On approval of the Regulations on licensing of medical activities.”
The procedure for organizing retraining and advanced training of civil servants of federal executive authorities is regulated by:
Decree of the Government of the Russian Federation dated April 17, 2008 No. 284 (as amended on August 5, 2009) “On the implementation of functions for organizing the formation, placement and execution of state orders for professional retraining, advanced training and internship of federal government civil servants.”
Decree of the President of the Russian Federation dated December 28, 2006 No. 1474 (as amended on December 6, 2007) “On additional professional education of state civil servants of the Russian Federation.” According to the data regulations training and retraining, advanced training of civil servants is carried out in accordance with existing needs, but at least once three years and is carried out in educational institutions of higher professional or additional education. A civil servant hired for the first time to a civil service position is sent for advanced training after the expiration of a probationary period or six months after entering the civil service.
Auditors, in accordance with paragraph 3 of Article 15 of the Federal Law of August 7, 2001 No. 119-FZ “On Auditing Activities” (as amended on December 30, 2008), during each calendar year, starting from the year following the year of receipt of the certificate, undergo training under advanced training programs approved by the authorized federal body.
An employee’s refusal to undergo mandatory training and (or) certification can be qualified as failure to fulfill labor duties, for which he may be subject to prosecution. disciplinary liability. By virtue of clause 5 of Art. 81 of the Labor Code of the Russian Federation, repeated failure by an employee to comply without good reasons labor duties, if he has a disciplinary sanction, entails dismissal. The employer also has the right not to pay wages to an employee suspended from work who has not undergone training and testing of knowledge and skills in the field of labor protection due to his own fault.
If the employer’s obligation to train employees is not established by law, the need for professional training and retraining of personnel for its own needs is determined by the employer himself, who provides professional training, retraining, advanced training for employees, and training for second professions in the organization. And if necessary - in educational institutions of primary, secondary, higher vocational and additional education on the terms and in the manner determined by the collective agreement, agreements, and employment contracts. Thus, the employer determines the need for training, types of educational programs and educational institutions independently; he can undertake such obligations by signing, for example, the relevant terms of a collective agreement.
An employee has the right to refuse an employer’s offer to undergo training, and no measures can be taken against him disciplinary action, which by virtue of Art. 192 of the Labor Code of the Russian Federation are applied only when a disciplinary offense is committed, i.e., when an employee fails to perform or improperly performs, through his fault, the labor duties assigned to him.
If you refuse to undergo training or if the test result is unsatisfactory, the employee’s demotion or salary reduction is not allowed, as this entails a change in the terms of the employment contract with the employee, which is possible only with his written consent.
However, successful completion of training may be a condition for the employee’s promotion, and, accordingly, refusal of training or unsatisfactory certification results may lead to the employer’s refusal to promote the employee.
An employer may also consider sending an employee for training as a reward for work. It appears that this does not contradict either the Labor Code of the Russian Federation, which contains open list incentive measures, nor common sense, since the employee is interested in improving his professional level.
Issues related to employee training are regulated by collective agreements and agreements, as well as an employment or apprenticeship contract.
However, in the absence of a collective agreement, the employer should think about creating equal opportunities for all employees in the field of vocational training. To achieve this goal, the employer has the right to adopt a local act that would determine the cases and procedure for granting employees the right to training at the employer’s initiative, the rights and obligations of a student employee, as well as the possibility and procedure for making a decision on the promotion or reward of an employee who has successfully completed training. The employer may also include relevant conditions in another local act (for example, in the internal labor regulations) if a referral to training at the enterprise is considered as an incentive.
The employee’s right to professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation, other federal laws, declared in Art. 21, 197 of the Labor Code of the Russian Federation, does not imply the employee’s right to demand training at the expense of the employer. However, according to Art. 53 of the Labor Code of the Russian Federation, the employer is obliged to ensure non-discriminatory conditions in this area and provide employee representatives with information on this issue.
The employee’s right to training is exercised by concluding an additional agreement between the employee and the employer.
This could be a student agreement. The Labor Code of the Russian Federation mentions two types of student agreement:
For vocational training with a job seeker;
For on-the-job retraining with an employee of this organization.
Thus, it seems that when sending an employee to study at an educational institution, the parties should enter into an additional agreement to the employment contract, which must comply with the norms of labor law, as well as the terms of the collective agreement or agreement.
The main responsibilities of the parties to such an agreement do not differ from the responsibilities of the parties to an apprenticeship agreement. The employer must provide the employee with the opportunity to study under a certain educational program, and the employee must undergo training and, in accordance with the acquired profession, specialty, qualification, work under an employment contract with the employer for the period established in the contract.
Here it is important to raise the issue of reimbursement of expenses for an employee to undergo vocational training, retraining, internship, advanced training, training in second professions in the event of an employee’s dismissal for the employer.
In my opinion, Article 207 and Article 249 of the Labor Code of the Russian Federation are applicable to the additional agreement under consideration, however, it would not be superfluous to provide in the agreement itself the obligation of the employee in the event of dismissal without good reason (including at will) before the expiration of the period agreed upon by the parties, reimburse the costs incurred by the employer for his training, calculated in proportion to the time actually not worked after completion of training.
To implement this provision it is necessary:
Firstly, the employment contract or training agreement must define the period during which the employee undertakes to perform his work function for a given employer after completing training.
Secondly, in an employment contract or training agreement, it is important to define a list of valid and disrespectful reasons for dismissing an employee, since such a list is absent in regulatory legal acts.
Labor legislation does not directly define the conditions of employee liability for both low achievements in training and unsatisfactory results. However, if an employee fails to pass the final tests at an educational institution and does not receive the appropriate profession, specialty, or qualification, the employer can bring the employee to disciplinary liability for failure to fulfill job duties, since the obligation to undergo training is provided for in an addition to the employment contract, and also, depending on the specific situation, refer on the fact of damage caused by the employee.
In accordance with Art. 187 of the Labor Code of the Russian Federation, when an employer sends an employee for advanced training outside of work, he retains his place of work (position) and the average salary at his main place of work. Employees sent to improve their qualifications while taking time off work to another location are paid for travel expenses in the manner and amount provided for persons sent on business trips. I believe that this provision must be interpreted broadly: advanced training means any educational program aimed at increasing the knowledge and skills of an employee necessary to implement labor activity at this employer.
When sending an employee for training, the employer does not have the right to demand payment by the employee for educational services. In this case, it is the employer who is considered the person interested in the employee obtaining certain knowledge for further application in the process of work in the employer’s organization.
It is necessary to note cases when an agreement between an employee and an employer when studying at an educational institution should not be concluded at all, namely:
If sending an employee for training is considered as an incentive for work, since the contract establishes additional responsibilities for the employee, which contradicts the meaning of the concept of “encouragement”;
If the employee’s training is carried out on his own initiative. An employee has the right, without the consent of the employer, to decide to undergo training outside of working hours. In this case, he independently chooses the type of educational program, its content and form of training; the employer is not obliged to provide the employee with training opportunities.
When an employer organizes training for employees in an organization without obtaining an appropriate license, the employer cannot ensure that the student acquires knowledge in a specific program (profession, specialty, qualification). However, it is not prohibited to include in an employment contract, local acts or job descriptions organization conditions on the employee’s obligation to undergo one or another briefing or training course, if this does not contradict the requirements of labor legislation. These activities are carried out within working hours; wages are paid during training, etc.
In conclusion, it must be emphasized that in the case of training an employee on his own initiative and at his own expense, he independently enters into contractual relations with the relevant educational institution, receives the corresponding rights, bears duties and responsibilities.
In Art. 197 The Labor Code of the Russian Federation reproduced one of the fundamental rights of workers enshrined in Art. 21 Labor Code: the right to vocational training, retraining and advanced training, including training in new professions and specialties. This right is exercised by concluding an additional agreement between the employee and the employer .
An apprenticeship agreement is one of the possible ways to exercise an employee’s right to vocational training. The Labor Code of the Russian Federation pays special attention to it, and therefore this type of agreement aimed at professional training of an employee needs to be considered in more detail.
§ 3. Student agreement as a way to exercise the right to vocational training and retraining
The history of apprenticeship goes back centuries. Student relations as relations for professional training and retraining directly from the employer were actively studied by scientists in the 50s and 60s of the last century. With the change in economic relations in the country, the employer - the owner of the means of production, the entrepreneur responsible for the final result of economic activity, independently determines the need for professional training, retraining of personnel for his own needs, and such a right is granted to him by Art. 196 of the Labor Code of the Russian Federation.
One of the possible means of exercising this right is a student agreement. It is the basis for the emergence of an apprenticeship relationship between a student and an employer, aimed at accelerating the person’s acquisition of professional skills necessary to perform a specific job or group of jobs. Apprenticeships provide not just the preparation of workers for work, but specifically for work with a specific employer, which is especially important in conditions of various forms of ownership and is one of the means of solving the problem of unemployment, since the training itself is associated with the conditions in which labor relations will subsequently take place . Both the employer and the employee are interested in apprenticeship relationships: the first receives personnel trained for themselves, and the second receives work.
It should be noted that the legislator calls the vocational training (retraining) of the student the purpose of the apprenticeship agreement (Article 198 of the Labor Code of the Russian Federation). However, as shown above, vocational training and retraining are types of vocational training, therefore it is quite acceptable to consider an apprenticeship agreement as a way of exercising the right to vocational training and retraining, especially since an apprenticeship agreement as a way of advanced training under the current legal regulation is quite doubtful , which will be discussed below.
K.N. Gusov, considering the issue of classification of labor contracts, proposes to base it on such a feature as the peculiarity of the content of contracts and their conditions. At the same time, scientists note that after differentiating labor contracts according to the specified criterion, their further classification is possible in accordance with the characteristics of the subject composition, the purpose of the contracts and some other characteristics.
In Part 1 of Art. 198 of the Labor Code of the Russian Federation states that the employer has the right to conclude an apprenticeship agreement for vocational training with a job seeker, and an apprenticeship agreement for vocational training, retraining with or without interruption from work with an employee of this organization.
The above allows us to conclude that an apprenticeship contract can be concluded with persons who are looking for work, that is, who are not in an employment relationship with the employer. This agreement can be concluded with an employee of the organization, who, naturally, has an employment relationship with the employer. In this connection, according to the subject composition, two types of student agreements can be distinguished.
Firstly, an apprenticeship contract concluded with a person who is looking for work and does not have an employment relationship with the employer.
Secondly, an apprenticeship agreement concluded for the vocational training of an employee who has an employment relationship with the employer.
Note that the identification of types of agreement by subject composition is not a feature of the student agreement only. So, S.Yu. Based on the subject composition, Golovin identifies relations for the training of management personnel as a special type of relationship for training and advanced training of workers and employees.
The considered division of apprenticeship contracts into types has not only and not so much theoretical, but mainly practical significance. It is obvious that a person who does not have an employment relationship with the employer is less dependent on him. In particular, he does not have to decide whether his training will be on-the-job or on-the-job. In turn, an employee who has an employment relationship with the employer must obtain consent from him to undergo vocational training with or without interruption from work. In this connection, the apprenticeship contract concluded with employees in an employment relationship can be divided into two subtypes:
1. Apprenticeship contract for on-the-job professional training of an employee. In this case, the employer is obliged to create conditions for the employee to combine work with vocational training.
2. An apprenticeship agreement concluded with an employee to undergo off-the-job vocational training. The conclusion of this agreement involves the release of the employee from work duties for the period of training, as well as the provision of benefits provided for by law, for example, preservation of the place of work and average earnings, payment of compensation established for persons sent on business trips.
One of the parties to the apprenticeship agreement is the employer (namely, the employer is a legal entity). The contract must indicate the name of the employer - a legal entity (organization) and the last name, first name, patronymic of the person authorized by him to conclude a student agreement.
The other party may be an employee who has expressed a desire to undergo retraining in this organization. The contract indicates his last name, first name, patronymic. The student agreement must contain the name of the profession, specialty, and qualification acquired by the student.
The employer’s obligation to organize on-the-job training of workers is based on the relevant sections of collective agreements and agreements, which indicate the number of workers subject to training or retraining in professions, specialties necessary for a given organization, and also determine the conditions that ensure students’ successful acquisition of theoretical knowledge and professional skills in the acquired profession, specialty.
This employer's obligation is specified in the apprenticeship agreement. As a necessary condition, the student contract includes an agreement regarding training in a certain profession or specialty within the scope of the established requirements for the level of theoretical knowledge and practical skills.
The employer’s obligation to provide the apprentice with the opportunity to study in accordance with the apprenticeship contract imposes certain obligations on him: to employ the apprentice at work in his chosen profession or specialty, not to engage him in overtime work during the apprenticeship period, and not to send him on business trips not related to the apprenticeship.
A necessary condition of the student agreement is the student’s obligation to undergo vocational training in the amount of approved curriculum and, in accordance with the acquired profession, specialty, qualification, work under an employment contract with the employer for the period established in the student contract.
A mandatory component of the student agreement is the duration of study. When preparing or retraining for blue-collar professions, the training period, as a rule, does not exceed 6 months, and for certain complex professions - 12 months.
In addition to the necessary conditions indicated above, the student agreement may contain additional conditions determined by agreement of the parties: deadlines for passing qualifying exams, a schedule of theoretical classes and schedules practical work, housing conditions, etc.
By general rules The student agreement is terminated upon expiration of the period specified in it. However, the contract may also indicate other grounds for its termination, namely:
Termination of an employment contract;
The impossibility of training an employee in a given profession or qualification due to his individual characteristics;
Reduction in the number or staff of employees of the organization in whose specialty, profession or qualification the student is being trained;
Unsatisfactory result of passing the certification (you can specify the number of times); a certain number of absences from classes, etc.
A student agreement has advantages both for the parties to the agreement and, in some cases, for third parties. The organization receives an employee with increased qualifications, the employee receives an increased cost of his labor; as a third party we can call the consumer who receives products of higher quality.
Despite the fact that the history of legislation on apprenticeship began a long time ago and in science researchers paid attention to apprenticeship relations, the apprenticeship agreement was first highlighted in a separate chapter only in the Labor Code of the Russian Federation.
Chapter 32 “Apprenticeship Agreement” of the Labor Code of the Russian Federation, even with all its shortcomings, can be considered as a new level of development of legislation on apprenticeship relations.
Student relations at present are relations directly related to labor relations that arise between subjects of labor law and only in connection with labor relations.
Student relations arise on the basis of an apprenticeship agreement, which is regulated by labor legislation as an independent type of agreement, which should be considered as a way of exercising the rights to vocational training and retraining.
The apprenticeship agreement, being one of the manifestations of the constitutional principle of freedom of labor in labor law, plays the role of a legal fact at the moment the apprenticeship legal relationship arises, and then passes into a different quality: a legal form that mediates the apprenticeship legal relationship.
§ 4. The main shortcomings of the legislation on vocational training and ways to improve the legal regulation of training and retraining of personnel
The process of forming a new type of employee and employer in relation to modern production and labor organization requires more flexible legal regulation of relations developing in the field of professional training of workers. Today's employee must have the ability to short time master the latest equipment and computer technologies, be ready to master new products, perform new work and services, master related professions, a new workplace, communicate with knowledge of the matter (sometimes language) with foreign colleagues (clients, customers, buyers). Therefore, the labor activity of an employee as such should be studied along with the study of social relations preceding or accompanying it.
In recent years, the literature has rightly noted that one of the directions for improving labor legislation should be individual regulation of working conditions, which is associated with the employee’s ability to make professional corrections on the job, allowing the employee to be in demand in the labor market and conduct a decent dialogue with the employer and defend your rights.
The current labor legislation noticeably lags behind the legal support for the tasks set in the field of industrial education in general, and in its form as training and retraining of personnel, in particular. The main reason, in my opinion, is the backwardness of its theoretical base, which in matters of providing production with personnel has not yet been freed from political goals, and therefore the inherent concepts of legal regulation of the relations in question inevitably come into conflict with economic feasibility, requirements modern market labor. The science of labor law should take an active part in the research and development of flexible approaches to legal support for the interests of the parties to labor relations in the field of vocational training.
According to Section IX of the Labor Code of the Russian Federation, employees have the right to vocational training, retraining and advanced training, including training in new professions and specialties.
The key place in this section of the Labor Code of the Russian Federation is occupied by Chapter 32 on the apprenticeship contract, which, in our opinion, is of little relevance to the legal regulation of the professional growth of such “apprentices” as heads of enterprises, managers, specialists, and civil servants. We are convinced of this not only by its content, which basically retains the spirit and terminology of Articles 184 - 186 of the Labor Code of the RSFSR of 1971 on vocational training in production, but also special purpose apprenticeship agreement - legal regulation of initial training of personnel, mainly blue-collar professions.
An apprenticeship agreement with its characteristic attributes (forms of apprenticeship, terms of study, scholarship) cannot serve as a sound legal basis for regulating the advanced training of a wide range of workers. Required legal form regulation of the relationship between the parties to an employment contract, taking into account the idea of continuous professional education of the employee, embodied in international documents on education (ILO Convention No. 142, ILO Recommendations No. 88, 150, etc.), in domestic regulations: Federal laws “On Education” ( 1992), “On higher and postgraduate professional education” (1996), “On the state civil service in the Russian Federation” (2004), National Doctrine for the Development of Education in Russia until 2025.
Scientists critically evaluate the situation that developed in the second half of the 20th century. a stereotype according to which the knowledge once acquired by a person remains valuable throughout his entire professional career, and basic vocational education is considered as the only one and completely sufficient for the entire period of working activity. This outdated concept is being replaced by the concept of updating and deepening the volume of knowledge throughout the entire period of a person’s professional activity. Knowledge today is no longer considered as a certain stock of information, but takes the form of a flow of constantly updated information. To this objective factor is added a subjective element - the need for employees to continuously expand their knowledge, the readiness of personnel to improve their skills, and employers to carry out a set of measures for internal corporate training of personnel along with improving the system of remuneration and labor motivation.
The process of formation and development of corporate legislation as the legal basis for economic activity legal entities involves the adoption by organizations of internal documents, which, unlike labor law, may include the legal obligation of each employee to constantly improve their professional skills. The internal labor regulations of many corporations (JSC, LLC, etc.), along with the usual responsibility of the manager to organize training, contain the legal obligation of the employee to improve his qualifications.
Labor law maintains a one-sided approach to the legal provision of training and advanced training of personnel: in practice, it comes down to the employer’s obligation to organize the training process. The employee is only given the right to improve his qualifications, while the employer is obliged to organize training, provide guarantees and compensation to employees who combine work with training, and provide them with other assistance. But nothing is said about the obligation of the employee himself to participate in this process. An employee can make decisions together with the employer or independently constantly maintain the level of professional excellence, not so much in the hope of increasing earnings, promotion at work or receiving another reward, but because of the need to keep up with the requirements of scientific and technological progress, new forms of labor organization and labor management. processes.
To regulate relations for training and advanced training of employees, the most suitable legal form of mediation is one that contains its purpose in its very name, such as an agreement for advanced training (professional growth agreement, training agreement) concluded by the employer with the employee. It is allowed to include in the text of the employment contract specific provisions regulating the mutual obligations of the parties for continuous professional education.
The legal significance of the proposed model of legal regulation of training, retraining and advanced training is that the parties to the employment contract, taking into account the individual characteristics of work, will be assigned clearer mutual obligations in the field of continuous professional growth of the employee, which will correspond to the work performed and the position held throughout his work activity with this employer. This is a better solution to the problem compared to the current scheme of the content of the apprenticeship contract, which provides only for the employee’s obligation to “... undergo training and, in accordance with the acquired profession, specialty, qualification, work under an employment contract with the employer for the period established in the apprenticeship agreement” ( Article 199 of the Labor Code of the Russian Federation).
To more effectively ensure interaction between the parties in the field of training and retraining of personnel, it is necessary:
Establish the legal obligation of the employee to constantly improve his professional knowledge and business skills, legally formalizing the relationship with an additional agreement (on the model of an agreement on full financial responsibility), or stipulate his obligations for advanced training in the employment contract upon employment;
Determine in the contract the conditions and procedure for organizing and financing training, retraining and advanced training, if the forms and terms of training go beyond the general legal and economic capabilities of the employer;
In a contractual manner, provide for the legal consequences of violation of the obligations undertaken by the parties for training, retraining and advanced training, including payment to each other of amounts amounting to material damage, which can be expressed in real losses if the employer is late in organizing training or the employee refuses (evades) training, retraining and advanced training.
While advocating the preservation and development of the contractual nature of training, retraining and advanced training, it is necessary to raise the question of the legal obligation of an employee to improve his qualifications (in a broad sense) in principle, as provided for by the charters of legal entities operating in various sectors of the economy (which is currently, in in principle, contrary to labor legislation). And then it will be up to the mutual agreement of the parties in an independent agreement or employment contract to specify the elements of the subject of training: forms of training, retraining and advanced training, places and terms of training, procedures and conditions for financing training, consequences of advanced training, including conditions for job promotion, etc. .P. The introduction of an obligation for an employee to improve his qualifications will help increase his responsibility as a participant in the labor process.
Based on the increasing competitiveness of personnel, the development of the concept of continuous education, as well as in order to increase the demands on employees to maintain their professional suitability with a given employer, it is appropriate to raise the question of recognizing an independent basis for termination of an employment contract at the initiative of the employer, the refusal or evasion of an employee from advanced training (including including in the form of training, retraining), i.e. violation of its obligations assumed under the additional agreement.
It should be noted: the current procedure for terminating an employment contract on the grounds of insufficient qualifications of an employee (unsuitability) is very cumbersome. The employer must prove by convincing the certification commission that the employee failed to exercise his right to advanced training, including training in new professions and specialties, as a result of which, in terms of real professional and business qualities, he ceased to correspond to the position held or the work performed (clause 3 of Article 81 of the Labor Code RF). The employer does not always succeed in this due to the existing right, and not the obligation of the employee, to improve his qualifications. The position of an employee who voluntarily falls behind in professional skills from production requirements is reliably protected by law in the interests of preserving labor relations.
The introduction of an independent basis for dismissal will not only simplify the procedure for terminating an employment contract on the grounds of unsuitability, but will also increase the significance of the mutual agreement of the parties in regulating labor, will expand the capabilities of the employment contract in regulating a wider range of labor relations, including mutual responsibility, including material, for its implementation . In addition, this will contribute to the introduction of the principle of self-discipline and self-organization, which is so important for the modern stage of personnel management.
A new stage in the development of legislation on vocational training involves strengthening educational elements in the content of collective agreements (agreements) and individual employment contracts. As I. Ya. Kiselev rightly noted, this leads to the fact that employment contracts are increasingly being transformed into labor and training contracts. In this part, the problem raised also goes to international and foreign standards of “lifelong training of an employee,” i.e., continuous updating of professional knowledge, ensuring a “trajectory of continuity” of various levels and forms of professional education and training of an employee, his career growth and an adequate response to needs labor market.
Conclusion
Summing up the topic of the diploma, it is necessary to note the following. Consideration of the issue of the legal basis for training and retraining of personnel made it possible to identify a significant volume of acts of international law affecting issues of professional training and retraining, and professional orientation of personnel.
Russian legislation regulating relations in the field of professional training, retraining and advanced training of workers includes the Labor Code of the Russian Federation, as well as a large number of other regulatory legal acts. The fundamental regulatory act is the Labor Code of the Russian Federation, which contains a separate section devoted to professional training, retraining and advanced training of workers.
In my thesis, I analyzed the legal regulation of training and retraining of personnel. The concept of vocational training is revealed, the types of which, in particular, are vocational training and retraining. The work substantiates the idea that the goal of organizing professional training in production should be to create a system of continuous education of personnel based on an optimal combination of various forms of training.
The work also examined the rights and obligations of the employee and employer related to vocational training. The employer himself determines the need for professional training (retraining) of personnel for his own needs, but in some cases the law provides for his obligation to conduct professional training at the enterprise, therefore, in cases established by law, the employee is required to undergo training to perform his job duties. Also, for employees undergoing vocational training (retraining, advanced training), the employer must create the necessary conditions for combining work with training and provide guarantees established by labor legislation or other regulations, collective agreements, agreements, and employment contracts.
One of the ways to exercise the right to vocational training is an apprenticeship contract. It is the basis for the emergence of an apprenticeship relationship between a student and an employer, aimed at accelerating the person’s acquisition of professional skills necessary to perform a specific job or group of jobs. Apprenticeships provide not just the preparation of workers for work, but specifically for work with a specific employer, which is especially important in conditions of various forms of ownership and is one of the means of solving the problem of unemployment, since the training itself is associated with the conditions in which labor relations will subsequently take place .
When studying the shortcomings of the legislation on vocational training, it was concluded that, despite the increase in the volume of legal regulation of relations in vocational training, the legislator still has to resolve many issues in order to achieve effective legal regulation of the designated area of relations. The work formulated proposals to eliminate some of the current shortcomings in the legal regulation of training and retraining of personnel.
List of used normative sources and literature
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O.V. DAMASCIN, Doctor of Law, Professor, Honored Lawyer of the Russian Federation Analyzing the current state of training of scientific personnel in the field of jurisprudence, the author considers the problem in conjunction with economic and social problems and makes a number of proposals aimed at improving the regulatory framework regulating scientific activity, as well as work dissertation councils and the expert council of the Higher Attestation Commission.
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O.V. DAMASCINE,
Doctor of Law, Professor, Honored Lawyer of the Russian Federation
Analyzing the current state of training scientific personnel in the field of jurisprudence, the author examines the problem in conjunction with economic and social problems and makes a number of proposals aimed at improving the regulatory framework regulating scientific activity, as well as the work of dissertation councils and the expert council of the Higher Attestation Commission.
Analyzing the current state of science education in the field of jurisprudence, the author examines the problem in conjunction with economic and social problems, and makes a number of proposals aimed at improving the regulatory framework that regulates scientific activities, as well as the work of dissertation advice and expert advice WAC.
The current state of training scientific personnel in the field of jurisprudence, as well as the state of science in general, causes justified dissatisfaction in society. The crisis of modern legal science is manifested in a decrease in the quality of scientific products. This trend has now become obvious, representing the result of a decline in the quality level of legal education, which is organized in non-core universities and numerous branches mainly on commercial terms. If in the USSR 52 universities trained lawyers, now in Russia over 1,200 organizations are engaged in this (state with branches - about 550, non-state with branches - about 700). In our country, 1.5 million people have diplomas of higher legal education, of whom about 730 thousand people work in the legal profession; There are 5 times more working lawyers per capita than there were in the USSR, and approximately 1.5-2.5 times more than in the USA and Europe. Training lawyers has become a profitable business for universities. At the same time, the high-quality educational level of a significant part of the holders of legal diplomas makes a depressing impression, which discredits the legal profession.
Postgraduate studies are sometimes perceived as a commercial form of acquiring diplomas by people who are often not directly related to scientific and teaching work, and dissertations are prepared and defended with extraordinary ease with the interested assistance of paid consultants. The low quality of scientific guidance for applicants, the unscrupulousness of official opponents and a number of dissertation councils led to a sharp decline in the quality of dissertation works. With an obvious quantitative overproduction of certified lawyers, the quality of their professional training tends to decline, which determines the urgent need to change the system of training lawyers and ensure real responsibility for those involved in this process.
The problem of curtailing specialized training of military lawyers, reducing the military legal service is becoming urgent, which reduces the possibilities of legal support for law and order in the Armed Forces of the Russian Federation, protecting the rights of military personnel, as well as carrying out military construction and developing the science of military law.
Study of practice and opinions of specialists, many years personal experience Work in a number of dissertation councils and the expert council of the Higher Attestation Commission gives every reason to assert that the streamlining of the training of scientific personnel and the development of legal science need, first of all, to resolve a number of fundamental organizational and legal issues.
According to the legislation in force in our country, any citizen with a diploma of higher education has the right to prepare and submit for defense a dissertation in any scientific specialty, regardless of his basic higher education. The only exceptions are dissertations in medical and veterinary sciences.
With this apparently very democratic approach, the majority of holders of a wide variety of diplomas rush into the field of jurisprudence, since at first glance it looks the most attractive in terms of the ease and speed of completing the defense process. In this case, an applicant for the academic degree of Candidate of Legal Sciences, who is the holder of a non-legal diploma of higher education, must pass (in addition to the candidate exams) only an exam in the theory of state and law. It is paradoxical, but if an applicant for the degree of Doctor of Law is a citizen who does not have a basic legal education, but is a candidate of some non-legal sciences, then he is not at all obliged to take an exam in the theory of state and law. In recent years, this situation has determined the quantitative leadership of doctors of legal, economic, pedagogical and political sciences among other scientific specialties, with the very dubious quality of the achieved scientific results.
In our opinion, the presence of a basic higher legal education in the specialty for a potential applicant for the academic degree of Candidate of Legal Sciences should be mandatory, as well as the presence of an academic degree of Candidate of Legal Sciences for an applicant for the academic degree of Doctor of Legal Sciences in the relevant specialty.
Of course, this will not stop modern holders of several diplomas received in the second higher education system on a paid basis, so the importance of the responsibility of dissertation councils for the quality and objectivity of the examination of dissertations, for the validity of decisions made, increases. They are designed to ensure a high level of requirements when determining whether dissertations meet the criteria established by the Regulations on the procedure for awarding academic degrees, approved by Decree of the Government of the Russian Federation of January 30, 2002 No. 74.
Defense of a dissertation as a scientific qualification work has two sides. The scientific side is formed by the quality of the dissertation work performed, the qualification side is the qualification of the applicant as a mature researcher. Only a proven coincidence of these two sides is a necessary basis for a lawful decision to award the corresponding academic degree. For the dissertation committee to make such a decision, the key question was and remains the question of the author’s personal completion of the research.
The practice of recent years indicates an increasing number of dissertations that formally meet the established criteria, but at the same time are not identified with the personality of the applicant. Such a discrepancy is determined very simply, reliably and convincingly by asking a set of simple questions, which together make it possible to objectively assess the level of competence of the applicant in the content of the presented material from the standpoint of its understanding, interpretation, origin and justification, as well as mastery of the original basic concepts in the scientific specialty. However, the fundamental need for such an approach in a number of dissertation councils is not only not welcomed, but sometimes leads to the removal of “inconvenient” members of dissertation councils, as well as falsification of meeting transcripts and voting results. This, in our opinion, makes it advisable to periodically send members expert advice Higher Attestation Commission to participate in meetings of individual dissertation councils in order to monitor compliance with the defense procedure.
The current form of control by the expert councils of the Higher Attestation Commission is the hearing at their meetings of applicants for academic degrees who are not directly related to research and scientific-pedagogical work, especially in cases where the content of their dissertations is not related to the nature of official activities. At the same time, the question arises every time why convincing explanations on this matter have not been received from applicants by dissertation councils.
In relation to candidate dissertations, it seems necessary to increase the responsibility of scientific supervisors who give their opinion on the dissertation’s compliance with the established criteria, as well as official opponents and leading organizations. Based on the consideration of certification cases and dissertations by the expert councils of the Higher Attestation Commission, if there are comments, it is advisable to notify the relevant expert councils about them in order to take adequate measures.
A characteristic trend in the activities of a number of organizations in which dissertation councils operate is the unreasonable assignment of scientific supervision of applicants to candidates of sciences, without a reasoned decision of the academic council, as well as the refusal to appoint doctors of sciences as scientific consultants on doctoral dissertations of official full-time doctoral students, which indicates how rule about the insufficient scientific potential necessary for training scientific personnel.
It seems appropriate to streamline the process of training scientific personnel for real scientific and scientific-pedagogical work by introducing a system of targeted orders for their training, predetermined by the real needs of the relevant state and non-state structures and the capabilities of organizations under which dissertation councils have been created that have the necessary educational base and scientific personnel potential ; increase the requirements for the quality of selection of graduate students and applicants, the validity and prospects of dissertation research topics, and their effectiveness.
As for the active satisfaction by dissertation councils of the personal interests of lovers of diplomas of dubious origin, it should be logical and fully consistent with public interests to suspend the activities of such councils based on the establishment of facts of violation of the order and rules of work. The actual trade in diplomas, as a rule, leads not only to the satisfaction of the vanity of the buyer, but also to the use of the diploma for personal gain, to create imaginary authority, to gain access to activities requiring confirmation of qualifications, imitation of it by imaginary scientists, as well as to increase the number of their own kind, which reduces the quality of scientific work and is contrary to the interests of society.
Successful Overcoming Russian society and the state of the modern crisis period of the economy, its social consequences, ensuring priority national interests is largely determined by the state of legal reform, the quality of law-making activities, and the improvement of the system of Russian legislation and law enforcement.
The strategic goals of ensuring national security in the field of science, technology and education are: development of state scientific and scientific-technological organizations capable of ensuring the competitive advantages of the national economy and the needs of national defense through effective coordination scientific research and development of the national innovation system; promotion social mobility, level of general and professional education of the population, professional qualities highly qualified personnel due to the availability of competitive education.
An important role in this process belongs to lawyers as a socio-professional group, which is due to the very essence of the legal profession, which is to ensure the normal functioning of the mechanism of legal regulation of the most significant social relations.
One of the important tasks of domestic jurisprudence in modern conditions is to convincingly prove to the Russian legislator and the political elite of society the need for the vital interests of national security of a systematic scientific approach to the content and technology of lawmaking, an objective anti-corruption examination of normative legal acts, and an in-depth analysis of problems of feasibility borrowing foreign legal institutions and their implementation into Russian legal reality, establishing the responsibility of participants in the law-making and law enforcement process for the harmful consequences of decisions made. Only with this approach can a reliable legal foundation be laid, which will become the basis for improving legislation, developing legal consciousness and legal culture, strengthening the rule of law and order in Russia.
The substantive side of improving the quality of scientific work in the field of jurisprudence consists in expanding sociological research methods, in the transition to fundamental and applied research on topics that are more taking into account the needs of practice and the state of scientific development of theoretical problems. The main direction for increasing the significance of scientific work is seen in their connection with practice through the analysis of representative empirical materials for solving specific problems, as well as the effective use of the results of scientific work.
It is necessary to recognize the objective laws operating in the legal sphere, according to which: a higher level and quality of life of the population provide greater stability in the development of legal processes in society; the effectiveness of legal regulation by the state of social regulation processes has its limits, determined by economic realities; fair laws are much better executed by the population than those that ignore public ideas about justice and humanism; a necessary condition for building an effective model of law and order in society is to overcome corruption in the system of government bodies, including the courts.
Ensuring national security in the field of science, technology and education is directly negatively affected by the insufficient development of the regulatory framework and weak motivation in the field of innovation and industrial policy, the low level of social protection of engineering, teaching and teaching staff and low quality of general secondary education, vocational primary, secondary and higher education.
In modern conditions of searching for the optimal path for the socio-economic development of our country, the need for scientific substantiation of its legal support in three main areas is becoming actual: modernization of the economy and the public administration system; ensuring defense and security; analysis and forecast of socio-economic processes. At the same time, legal personnel support for the country’s competitiveness is achieved by the corresponding development of legal education and science. In order to prepare truly competitive scientific and teaching personnel, it is necessary to increase the level of requirements for their certification.
It seems urgent to resolve the issue of increasing the status of the Higher Attestation Commission as a body of public and state certification of highly qualified scientific and teaching personnel, by subordinating directly to the Government of the Russian Federation or the President of the Russian Federation. The activities of the Higher Attestation Commission in the future may cover not only the traditional certification of scientific and teaching personnel, but also specialized certification of management personnel in the field of business and public administration, as well as the implementation of an independent examination of particularly important national projects. A necessary condition for the legitimacy, transparency and reliability of the certification system is the streamlining of financial support for the activities of dissertation councils, expert councils, opponents and experts, which will implement the principle of decent remuneration for highly qualified labor and will significantly reduce conflicts of interest in society.
Cognitive scientific activity aimed at identifying objective trends, needs and opportunities for the positive development of society and allowing us to develop an optimal law-making solution and an optimal mechanism for its implementation has meaning and perspective only when public authorities really strive to achieve the public good and protect the interests of the law-abiding population .
If lawmaking and law enforcement activities are not carried out to solve vital social problems, but are of an imitative nature, covering up the selfish interests of economically dominant groups, then there is obviously no particular need for conducting socially significant scientific research, which can be observed in practice and what is obvious , has become a fundamental factor in the current state of scientific personnel in the field of jurisprudence. That is why consideration of the state and problems of development of training of scientific personnel in the field of jurisprudence allows us to conclude that it is advisable to take into account the proposals made in the interests of ensuring the implementation of the relevant provisions of the National Security Strategy of the Russian Federation.
Bibliography
1 Jurisprudence - jurisprudence, a set of sciences about law; practical activities of lawyers, decisions of judicial authorities. See: Dictionary of foreign words. - M.: Russian language, 1982.
2 See, for example: Science has left orbit // Arguments of the week. 2010. 4 Feb.; Science has learned to earn money // Ibid. 2009. June 4.
4 See: Kharitonov S.S. And yet, does the army need military lawyers or not? // Law in the Armed Forces. 2009. No. 5; Military law in the 21st century // Russian military legal collection. 2007. No. 9; 175 years of military legal education in Russia // Ibid. No. 10; Problems of strengthening the rule of law in the military organization of the state // Ibid. 2010. No. 14; Damaskin O.V. Military science and education in ensuring the national security of Russia // Law in the Armed Forces. 2010. No. 2.
5 Dissertation councils of the Russian Academy of Public Administration under the President of the Russian Federation, Research Institute of the Prosecutor General's Office of the Russian Federation, Military University of the Russian Ministry of Defense, etc.
6 See also: Regulations on the Council for the Defense of Doctoral and Candidate's Dissertations. Approved by order of the Ministry of Education and Science of Russia dated January 09, 2007 No. 2.
7 See: Decree of the President of the Russian Federation dated May 12, 2009 No. 537 “On the National Security Strategy of the Russian Federation until 2020” // Rossiyskaya Gazeta. 2009. May 19.
8 See: Decree of the President of the Russian Federation dated May 12, 2009 No. 537 “On the National Security Strategy of the Russian Federation until 2020” // Rossiyskaya Gazeta. 2009. May 19.
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The article discusses current aspects of retraining personnel in the field of jurisprudence and analyzes the legal basis for the implementation of professional retraining. Based on a comparison of professional standards, qualification requirements for positions, professions and specialties, possible areas of legal activity are identified for persons who do not have a higher legal education, but have completed professional retraining courses. Proposals on the volume and content of retraining programs are substantiated, based on the focus on the level of preparedness of students and the needs of the target audience. The need for the formation of narrowly focused special competencies is emphasized, taking into account future professional activities and qualification requirements established in professional standards. It is pointed out that it is necessary to include as permanent elements of any program training courses“Theory of State and Law” and “Constitutional Law”, as well as practice or internship.
competencies.
field of legal activity
professional retraining
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7. On approval of approximate job regulations of federal state civil servants of the central apparatus of the Federal Tax Service and territorial bodies of the Federal Tax Service of Russia: Order of the Federal Tax Service of Russia dated 12/05/2011 N ММВ-7-4/908@ (as amended on 03/20/2013) // BNA federal executive authority . – No. 17, 04/23/2012.
8. On the implementation of the powers of the Republic of Mari El in the field of municipal service: Law of the Republic of Mari El dated 05/31/2007 N 25-З (as amended on 06/17/2015) // Collection of legislation of the Republic of Mari El, 06/26/2007, No. 6, art. 291.
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In the system of continuous education, an important role is given to personnel retraining. The need for retraining of personnel for all areas of professional activity is due to the dynamics of development modern society, increased competition in the labor market, the need in the conditions of the economic crisis and widespread job cuts, the acquisition by the population of additional skills, abilities, and special knowledge. The importance of improving personnel retraining is also emphasized in program documents that define the priority directions of state policy in the field of education.
The purpose of this study is to analyze the legislative provisions regulating issues of professional retraining in relation to the field of jurisprudence. The study was conducted using content analysis, formal-logical, and functional methods.
The legislator, defining the place of professional retraining in the education system as a type of additional education, does not establish a list of specialties and areas of training in which it can be carried out, does not outline the possible areas of activity of persons who have received a diploma of professional training, leaving this issue to the discretion of consumers, based on needs of students and production. Educational institutions are increasingly using their right to provide educational services under professional retraining programs, attracting students with advertisements about the opportunity to receive “in a convenient, inexpensive, and most importantly, fast way.” additional education and master a new field of activity, including in the field of jurisprudence.”
The emerging trend in state educational policy is to tighten requirements for the quality of training legal personnel, the conditions of educational activities in the field of jurisprudence, a significant reduction in the number of educational institutions that carry out their training due to the non-accreditation of educational programs, gives rise to reasonable discussions regarding the possibility of carrying out work activities in the field of jurisprudence on the basis of the document obtained as a result of retraining, the circle of people in need of such retraining, content and volume of knowledge provided. The wide interest shown in retraining in the field of jurisprudence determines the relevance of scientific understanding of certain theoretical and practical aspects of the problem.
First of all, who needs such retraining and why?
Let us define the legislative interpretation of the definition of “professional retraining”. According to the Federal Law “On Education in the Russian Federation” dated December 29, 2012 N 273-FZ, retraining is understood as vocational training for persons who already have a worker profession, a blue-collar profession or an employee position, an employee position, in order to obtain a new profession of a worker or a new employee position with taking into account the needs of production, type of professional activity. In this case, a profession is understood as a type of activity of a person who has a complex of theoretical knowledge and practical skills acquired as a result of special training. Within one profession, a specialty is distinguished, defined as a type of human activity related to a certain area. In accordance with the All-Russian Classifier of Specialties by Education, a specialty is a set of knowledge, skills and abilities acquired as a result of education and ensuring the formulation and solution of certain professional tasks. The type of professional activity is understood as a set of generalized labor functions that have a similar nature, results and working conditions.
Types of professional activities in the field of jurisprudence (rule-making; law enforcement; law enforcement; expert-consulting; pedagogical, organizational-managerial, scientific-research) are determined by the federal state standards of higher professional education in the field of training 40.03.01 (030900) Jurisprudence ((qualification (degree) “Bachelor”, “Master”) The area of professional activity is also indicated here, including: development and implementation of legal norms; ensuring law and order; conducting scientific research, legal training and education. The official position of the employee, determined by the range of his duties, official rights and the nature of the responsibility is determined as a position. Qualification requirements for positions, depending on the field of legal activity, are established by regulations, special laws and, as a rule, presuppose the presence of higher or secondary vocational (legal) education.
Nevertheless, legal knowledge is in demand in professional activities, covering a huge range of positions, where the presence of a fundamental legal education is not a mandatory requirement. For example, the Standard Qualification Requirements for filling municipal service positions (approved by Article 8 of the Law of the Republic of Mari El “On the implementation of the powers of the Republic of Mari El in the field of municipal service” dated May 31, 2007 N 25-Z) states that for candidates for position of the head of the administration of a municipal district, urban district, such qualification requirements may be additionally established as having a higher education in one of the specialties or areas of training included in the enlarged groups of specialties and areas of training “Humanities”, “Economics and Management”, or obtaining additional professional education corresponding to the above areas of training.
At the same time, almost any employee position is subject to a qualification requirement - possession of professional knowledge, knowledge of the Constitution, regulatory legal and official documents regulating the relevant field of activity in relation to the execution of specific job responsibilities. For example, such requirements, along with the presence of a higher professional education (without specifying the direction of training), are established for filling the position of assistant to the head of the Federal Tax Service, in the qualification requirements of a real estate agent, along with the presence of a higher professional (legal, engineering, economics, economics) education and etc.
Legal knowledge is in demand by people involved in business, insurance, security activities, protection of intellectual property, and trade secrets. The legislator left the opportunity for persons who do not have a legal education to act as representatives and defenders in certain types of legal proceedings.
Thus, persons who have undergone professional retraining can carry out any professional activity that requires possession of legal knowledge, excluding areas of professional legal activity, where the presence of a higher legal education and special status acts as a mandatory qualification requirement.
A document granting the right to engage in such activities and (or) perform specific labor functions, is a diploma of professional retraining, indicating the relevant qualifications. To determine qualifications, the Ministry of Education and Science of Russia in a letter dated April 22, 2015 N VK-1032/06 “On the direction methodological recommendations", recommends using professional standards.
The circle of people for whom this type of education, such as retraining, is available is designated by the legislator. These are persons who already have a profession (professions) of a worker or position (positions) of an employee, who have or are receiving secondary vocational and (or) higher education (Part 3 of Article 73, Part 3 of Article 76 of the Federal Law of December 29, 2012 N 273- Federal Law). As we can see, the legislator places the main emphasis here not on the presence of education, but on the presence of a person’s profession or position, and does not limit the possibility of obtaining additional education within the scope of the existing profession or position held.
When determining the goals of retraining in the field of jurisprudence, the main one should be the formation and expansion of specific competencies for the effective implementation of professional activities in a certain area that requires additional knowledge related to legal understanding and implementation of legal norms. This conclusion partly suggests itself from what is indicated in Federal law“On education in the Russian Federation,” the focus of professional retraining is obtaining the competence necessary to perform a new type of professional activity, acquiring new qualifications” (Part 5 of Article 76 of the Federal Law of December 29, 2012 N 273-FZ).
Retraining should be extremely practical and targeted. Programs should not be focused on general theoretical training, but be specific in nature, taking into account the specifics of future professional activity, and contain a specially selected amount of knowledge, skills and abilities that are relevant for a certain type of occupation, position, or rather narrow field of activity.
In our opinion, it is completely unacceptable to include in professional training programs disciplines that are not focused on a strictly defined field of activity or to set broad training goals in such a formulation as “forming in students a comprehensive understanding of the development and current state of domestic and foreign law, acquisition of knowledge and skills necessary for the implementation of legal norms and ensuring law and order in various spheres of social life..." or "studying the fundamentals of jurisprudence and Russian legislation, developing professional skills necessary for the practical activities of students in the field of jurisprudence." As noted by A.E. Bakhmutsky, “the goals of education are defined as external in relation to educational system factors and properties of its elements. They must be sufficiently specific and allow for verification of the degree of their achievement." Educational programs for professional retraining that contain goals that do not allow identifying specific labor functions that the student will be able to perform do not meet the objectives of additional vocational education and make it difficult to choose an assigned qualification.
As for the scope and content of the educational program, the legally established rule should be taken into account: “professional retraining programs are developed on the basis of qualification requirements, professional standards and the requirements of the relevant federal state educational standards of secondary vocational and (or) higher education for the results of mastering educational programs” ( Part 10, Article 76 of Federal Law No. 273-FZ). The use of professional standards in the development of educational programs is also provided for by the Rules for the development, approval and application of professional standards (approved by Decree of the Government of the Russian Federation of January 22, 2013 N 23).
The requirements for the results of mastering educational programs of higher professional education in the field of training 40.03.01 Jurisprudence (qualification (degree) “bachelor”) list 14 general cultural and 19 professional competencies that a graduate must have. Does this mean that a person who has undergone retraining in the field of jurisprudence must have developed all the competencies listed in the standard? I think not.
Forms of training and terms for mastering additional professional programs are determined by the educational program and (or) the education agreement. The duration of mastering professional retraining programs is not limited by an upper limit. The lower limit (at least 250 hours) is determined by order of the Ministry of Education dated July 1, 2013 No. 499. In practice, retraining courses offered do not exceed 600 academic hours. In our opinion, it is not possible to develop all the competencies listed in the standard during such a period.
First of all, one must proceed from the level of professional preparedness (education and type of activity performed), the duration of retraining courses, the competencies that the training is aimed at developing, and the goals that adequately meet the demand of the consumer of the service. Retraining presupposes the presence of certain theoretical knowledge and skills acquired by students in the process of carrying out activities in a previously acquired specialty, position held, work performed, education. Accordingly, retraining should be aimed at enriching this knowledge and obtaining new ones in relation to the acquired types of activities. In this regard, the formation of a target audience that is homogeneous in its qualitative composition becomes important. Such an audience, for example, could be a group formed from senior and middle managers, tax authorities with an economic education, whose professional activities require specific legal competencies and an appropriate amount of legal knowledge. Training a group of students formed from people with diverse training (having a secondary specialized education in any specialty, or various levels of education in related areas of training) will require expanding the content of the professional training program and increasing the duration of retraining courses. Teaching a heterogeneous group requires a flexible program, the use of technology, and a person-centered approach that makes it possible to master educational material within the allotted time of each listener.
The set of disciplines must be formed in such a way that the student, upon completion of the relevant retraining courses, receives not a system of knowledge of a general developmental nature, but a volume of knowledge, skills and abilities to apply them, to the extent necessary and sufficient to carry out professional activities in a specific new position, a specific type of professional activities.
Thus, the list of disciplines studied should be determined by the scope of future professional activity, which involves mastering individual disciplines and branches of science necessary to perform a new type of professional activity. The specifics of retraining personnel who do not have a legal education to carry out legal activities do not allow us to unify the content and structure of courses due to the multidisciplinary nature of this activity. However, in our opinion, it is necessary to take into account that legal knowledge should be based on general concepts and categories of theory of state and law, knowledge of the Constitution of the Russian Federation, and accordingly these disciplines must be included in professional retraining programs related to legal training.
A mandatory element of the professional retraining program should also be industrial practice, which allows the student to connect theoretical knowledge with the practice of their application, learn to implement the acquired competence (competencies) in relation to a new professional activity, or an internship. It is preferable to organize a practice or internship at the place of the student’s future activity. Such a formulation of the question will contribute not only to the acquisition by students of the necessary practical skills, but will also allow the employer to assess the level of formation of the necessary knowledge and skills, and the professional suitability of a person to perform specific job functions.
As V. G. Lankin and E. E. Lankina quite rightly point out: “The main, overall and, in fact, initially motivating vector of the entire trend of progress we are considering in modern education, carried out under the banner of a competency-based approach, is professionalization. At the same time, the predicate of competence is conceivable only in application to the characteristics of the field of professional activity.... It is this vector of professionalization that is most significantly in demand by society at the present stage of its development.”
Conclusion: Thus, within the framework of a professional retraining program in the field of jurisprudence, the student must develop one or more competencies corresponding to a specific type of occupation, labor function (a set of homogeneous functions). When choosing competencies, one should proceed from those specified in the state educational standard, while narrowing their range based on the qualification requirements for the position in which the student plans to carry out his activities, and industry professional standards. Sphere practical application The knowledge gained in the process of retraining is not limited to purely legal activities. Its boundaries are expanded by positions that require a person’s readiness and ability to understand, analyze, interpret and implement legal norms.
Reviewers:Muravyova G.E., Doctor of Pedagogical Sciences, professor, head of the department of pedagogy and special education of the Shuya branch of the Federal State Budgetary Educational Institution of Higher Professional Education "IvSU", Shuya;
Sheptukhovsky M.V., Doctor of Pedagogical Sciences, Professor, Professor of the Department of Ecology and Geography of the Shuya branch of the Federal State Budgetary Educational Institution of Higher Professional Education "IvGU", Shuya.
Bibliographic link
Pustovalova I.N., Tsvetkov M.Yu. ON THE ISSUE OF PROFESSIONAL RETRAINING IN THE FIELD OF JURISDUCTION // Modern problems of science and education. – 2015. – No. 6.;URL: http://science-education.ru/ru/article/view?id=22810 (access date: 02/01/2020). We bring to your attention magazines published by the publishing house "Academy of Natural Sciences"
Experts assess Russian vocational education and training of qualified personnel in their current state as problematic and in crisis, which is largely due to the connection of these processes both with global trends in the development of modern society and with Russian characteristics its development.
From the article you will learn:
- What are the current problems of professional training;
- What ways exist to solve problems of personnel training;
- What cost items include training costs?
The current situation in the vocational education system, according to experts, is explained by the main problems of professional training. Let's look at them below.
Problems of personnel training and skills shortages
The first problem is associated with sharp deformations in the structure and volume of personnel training, which clearly do not correspond to the real needs of the labor market. It should be noted that the relevant issues for the Russian labor market are not so much labor shortages as a general labor shortage, but rather skills shortages.
At the same time, issues of labor supply are becoming particularly acute. Vocational education institutions produce 1.5 times more specialist technicians and 5 times fewer qualified workers than is required for the national economy. Taking into account the fact that only 5 percent of the total number of workers with higher qualifications remains in our country (for comparison: in the USA - 43 percent, Germany - 56 percent, and in Japan - over 75 percent).
Wherein average age skilled workers are close to pre-retirement age - 54 years, and in the coming years (approximately 5-7 years) the personnel sector of domestic production may face severe crisis phenomena. In this regard, unfortunately, we can only state that the shortage of qualified workers in the labor market is becoming a serious obstacle to the further development of the country.
Problems of personnel training and ways to solve them
Problems of the effectiveness of training qualified personnel, increasing labor productivity, solving problems and issues of management in industries and cooperation between enterprises and universities are becoming especially relevant. The problems of personnel training, according to experts in the field of economics, even worsened in connection with Russia’s entry into the World trade organization. Either Russia by 2020 will become another raw material appendage of developed countries, or our country will be able to regain its worthy position in global scientific and technological development. This will become possible provided that the problems voiced here begin to be addressed consistently and correctly at the state level.
One of the key problems in the existing personnel training system is the isolated state of high-tech production and higher education, while only the integrity of this system can meet the needs of Russian industry. However, no one even tries to fill the vacuum between knowledge and modern technologies industrial production. At the same time, universities involved in training technical personnel have their own problems recruiting young people for previously prestigious specialties, and a significant part of students do not at all connect their work with the profession acquired in educational institutions. There is a need for urgent measures to change the current situation.
Critical mismatches in the labor market exist between employers, workers and the existing education and training system. Employers require workers to have high-level qualifications, while offering difficult working conditions and low wages, and workers, having poor special training, greatly overestimate their importance.
We recently talked about what documents you need to prepare if you are planning to improve the qualifications of your staff in one of the materials.
How to solve the problem of staff shortages
The first steps towards solving problems in personnel training should be the creation of highly productive jobs. Among the priorities are the training of competitive personnel who can compete at the global level and the development of high-tech engineering production. Business and educational institutions must unite and begin to systematically solve personnel problems through joint efforts.
The simplest approach to explaining the shortage of qualified personnel is to say that all the reasons are in the insufficient number of trained specialists. But the current situation is actually much more serious. In modern enterprises, the processes of education and training must be continuous, based on a system of generally accepted professional standards.
University programs and programs of secondary vocational education institutions today are built without taking into account the real requirements of production, which leads to contradictions between the expectations of employers and the capabilities of graduates. This is due to the lack of infrastructure for personnel selection and job search that would take into account the practical specifics of production. Most of the Internet sites and recruitment agencies in practice, they are unable to create conditions for the effective employment of professional workers, site managers, workshop and shift managers, and production managers.
You may find the material from the HR Director electronic magazine useful on this topic: “”
How professional standards will help in solving the problem of professional training
The lack of uniform requirements for the professional knowledge and skills of qualified specialists is the basis of the problems of personnel training. And without generally accepted requirements, it is impossible to conduct personnel certification, determine the priorities of training programs, and plan an employee’s career. It is necessary to create a system of professional standards that will consolidate the list of necessary knowledge, skills and abilities of a modern specialist. With the help of professional standards, educational standards, training programs, and assessment procedures will be determined. HR personnel.
The project of creating visiting departments at enterprises, where the training of specialists could be carried out directly at the workplace without interruption from production, is worthy of special attention. Also of great interest is the experiment with the introduction of a contract system for training engineering workers using the “university-student-enterprise” scheme. An equally important point is the development of social support factors for future engineers and workers. Thus, highly qualified workers in high-tech industries must have their jobs preserved during their military service.
It is necessary to identify the main breakthrough technologies during the transition to the technological vector and develop a program for professional training and retraining of qualified personnel in these areas. In addition to the program, it is necessary to develop a plan of public events to promote workers and engineers and systemic motivations.
The training and development of human resources specifically in high-tech industrial sectors (aviation, radio-electronics, shipbuilding, etc.) and their supporting industries should become priorities of the state personnel policy.
Employers' costs for training
These are the costs of enterprises and companies for education and training in order to achieve high results in the work of trained and educated workers. It is this aspect – achieving high results in the work of professionally trained, qualified employees that interests the managers of enterprises and firms in the first place. At the same time, every business owner always mentally weighs on invisible scales the costs of training and the likelihood of benefits brought by well-trained personnel.
Education and training: balance of interests |
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Company benefits: |
Company costs and risks |
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You will find even more interesting materials on the topic in the “HR budget” section of the website.
Many employers, despite the existing risks, still consciously go to the expense of training the personnel of their enterprise. This choice is associated with the understanding that the costs of training are natural and employers and company owners, in fact, have no other way to constantly improve the company’s employees and adapt the business to constantly changing market conditions. Ultimately, saving on education, training and retraining of personnel inevitably leads to excessive conservatism, narrow-mindedness and reluctance to change anything. And this is a direct path to stagnation in work, loss of competitiveness and bankruptcy.
