Order on the creation of a working group on the implementation of professional standards in educational institutions

Why do we need an order to introduce professional standards?

The document in question is a local regulatory act of the organization, issued for the purpose of implementing professional standards in the manner determined by Decree of the Government of the Russian Federation dated June 27, 2016 No. 584. Its jurisdiction extends to:

state and municipal institutions, funds;
corporations, enterprises and companies in which more than 50% of the authorized capital belongs to state or municipal authorities.

These entities must, by 01/01/2020, develop and implement internal plans for the implementation of professional standards (clauses 1, 2 of Resolution No. 584). Also, these organizations must ensure that their activities comply with the laws that govern the application of the relevant plans (clause 3 of Resolution No. 584).

By means of an order on the introduction of professional standards, the work of creating a plan for the implementation of professional standards, as well as its implementation, can be assigned to a group of responsible specialists of the organization. Their activities can be organized, for example:

in the form of a commission;
in the form of a specialized working group.

Thus, the order in question will serve as a local regulation that establishes the appropriate commission or working group, and also determines the operating procedure of this internal corporate structure.

You can learn more about the commission for the implementation of professional standards in the article “We are drawing up an order to create a commission for professional standards.”

Let's consider how an order for the implementation of professional standards can be drawn up.

How and for how long to store an order

A properly drawn up, certified and issued order must be kept as part of other administrative documentation for the entire period of validity, in a place to which access should be limited. After its relevance is lost, it must be transferred to the archive of the enterprise, where it must be stored for a period established by law or local regulations of the company (but not less than three years ), after which it can be disposed of.

⏬Order on the implementation of professional standards in organizations

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Order on the implementation of professional standards

– a mandatory act that establishes certain standards for specific positions. Refers to internal documents. Professional standards are certain requirements that are set for employees who want to fill a position.

The contents of the document include the following data: company name, location, date of preparation. After the details comes the main part, which clearly indicates the decision to introduce professional standards. Positions for which requirements are established are indicated. The person who will be responsible for developing the standards is also designated.

The content is studied by all employees who, before the issuance of the act, were in positions for which management intends to introduce standards. Compiled in one version. It is also advisable to first appoint a commission that will check the competence of workers.

Order on the transition to professional standards: structure and content of the document

So, through the document that we are considering in this material, the management of an organization that falls under the provisions of Resolution No. 584:

orders the creation of a commission or working group to develop and implement a plan for the implementation of professional standards;
determines the range of tasks solved by employees who are members of the commission or working group;
determines the circle of specialists responsible for control functions within the framework of solving relevant tasks.

In this case, the noted wording may form the main information block of the order.

The order is signed by the management of the company. The fact of familiarization with it is also certified by the signatures of employees who are included in the lists of responsible persons for the document.

The activities of a commission or working group established by order may be additionally regulated by a separate local regulatory document - regulations on the relevant commission or working group. This standard may, in particular:

detail the tasks assigned to specialists responsible for the development and implementation of plans for the implementation of professional standards;
include the necessary clarifications on the provisions of Resolution No. 584.

How to implement (switch) to professional standards in an organization

Note! There are several features that must be taken into account when implementing standards (see letter from the Ministry of Labor of Russia “Answers to standard questions...” dated 04.04.2016 No. 14-0/10/B-2253, as well as information from the Ministry of Labor and Social Protection of the Russian Federation on issues application of professional standards):

From July 1, 2016, it is impossible to employ a citizen who does not meet the requirements of professional standards in the cases prescribed in Part 2 of Art. 57 and art. 195.3 Labor Code of the Russian Federation.
It is necessary to use professional standards in the cases described above in all enterprises, regardless of their form of ownership.
If there is information about the same position in both the qualification directory and the professional standard, the employer has the right to independently choose which document to follow. The exception is cases expressly established by law.
You cannot fire an employee if his level of education or experience does not meet the requirements of the professional standard.
In connection with the introduction of the professional standard:

An employee's responsibilities cannot change automatically;
the issue of payment for training in connection with advanced training should be resolved at the level of a collective or labor agreement or local regulatory act.

If, based on the results of certification, an employee who does not have the required work experience and length of service (does not correspond to the position according to the professional standard) receives recommendations, then his appointment to the position is allowed.

Order on the introduction of professional standards: applications

The following can be drawn up as appendices to the order on the implementation of professional standards as separate information blocks:

1. Plan for introducing professional standards.

The relevant document must contain (clause 1 of resolution No. 584):

a list of professional standards applied by the organization;
stages of implementation of professional standards;
data on necessary adjustments to the organization’s local regulatory documents;
data on the necessary training of employees in order to bring their qualifications in line with the requirements of professional standards.

2. Composition of the commission (working group) for the implementation of professional standards.

A list of full names and positions of employees included in the relevant commission (or working group) is reflected here. You can also reflect what specific specialists are responsible for when solving problems predetermined by the requirements of Resolution No. 584.

3. Regulations on the commission (working group) for the implementation of professional standards.

The structure of the document under consideration can be represented by sections reflecting:

general provisions;
goals and objectives of the commission (or working group);
functions of the commission (working group);
rights and obligations of responsible specialists;
the procedure for interaction of responsible employees - with each other within the framework of the commission (working group) or with colleagues solving other problems.

Goals and objectives of the commission for the implementation of professional standards

A specially created commission is responsible for the implementation of professional standards at the enterprise. It must include at least three people from the company’s management or personnel department employees. All commission members must be familiar with the law on the implementation of professional standards, as well as the conditions that must be observed during its implementation. In addition, they must bring this information to the attention of other employees, especially those who are directly affected by the implementation of professional standards.

The main task of the commission is to evaluate the education, training and professional qualities of personnel to determine further personnel policy.

The procedure for assessing the level of employees is carried out using certification through an order to conduct certification of employees and analysis of internal documentation of the enterprise. At the same time, the law does not require testing of all employees; it is entirely possible to introduce a whole group of professional standards, or only a certain part of them.

The result of the commission’s activities may be the development of new employment contracts and agreements, adjustments to existing job descriptions, changes in working conditions and wages, retraining of some specialists, improving their qualifications, transferring to other positions, etc. It should be noted that failure of an employee to meet professional standards cannot be grounds for his dismissal.

Results

State and municipal structures, as well as the enterprises that belong to them, are obliged to formulate and implement plans for the implementation of professional standards by 01/01/2020.
For this purpose, commissions or special working groups can be formed in these organizations. The main local regulatory act by which these commissions or working groups are established may be an order from management to introduce professional standards. The following can be drawn up as appendices to it: a plan for the implementation of professional standards, the composition of a commission or working group for the implementation of professional standards, as well as regulations on the corresponding commission or working group. You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Government of the Republic of Khakassia

Sample

Professional Standards Implementation Plan

On July 1, 2020, amendments to the Labor Code of the Russian Federation on the specifics of the application of professional standards came into force (Federal Law No. 122-FZ dated May 2, 2015). From this moment on, employers are obliged to apply professional standards if the Labor Code, other federal laws, and other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function (Article 195.3 of the Labor Code of the Russian Federation).

Professional standards in terms of qualification requirements required for an employee to perform a certain job function are applied in stages on the basis of plans for organizing the application of professional standards, approved taking into account the opinions of representative bodies of employees. The State Employment Committee of the Republic of Khakassia has developed an approximate form of a plan for the implementation of professional standards in organizations.

The implementation of the plans must be completed no later than January 1, 2020.

The employer must keep in mind that in case of violations of labor legislation, which include the application of professional standards in labor relations, the employer may be issued an order to eliminate the identified violations of labor legislation, and he may also be held administratively liable in accordance with Article 5.27 Code of the Russian Federation on Administrative Offences.

I affirm:	Agreed:
(manager position)	(employee representative)
(signature)	(signature)
(transcript)	(transcript)
(date of)	(date of)

Plan for the implementation of professional standards.[*]

No.	Event name	Deadline for completing the event	Responsible	Expected Result
1	Determination of professional standards planned for use in the organization.	The number and names of professional standards planned for use.
2	Analysis of the compliance of current job titles provided for in the organization’s staffing table with the job titles specified in professional standards.	Compiling a list of positions to be replaced in the staffing table.
3	Checking the job responsibilities of employees for compliance with professional standards.	Bringing job descriptions into line with professional standards.
4	Making changes to the staffing table and employment contracts. It is mandatory to change the section of the internal labor regulations “Procedure for hiring and dismissing employees.” Making changes to other local acts of the organization (collective agreement, regulations on certification).	Draft new staffing table. Signing additional agreements with employees to employment contracts on transfer to another position. Issuance of transfer orders. Recording the transfer in the personal cards of employees (form No. T-2) and in work books. Changed local acts of the organization.
5	Conducting certification of employees taking into account the qualification requirements of professional standards.	List of workers whose qualifications do not meet the requirements of the professional standard. Preparation of a draft employee training plan.
6	Selection of educational events for employees in the organization.	Training of employees whose qualifications based on certification results do not meet the requirements of professional standards.

[*] Implementation of plan activities must be completed no later than 01/01/2020

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

dated June 27, 2020 N 584

ABOUT FEATURES

APPLICATION OF PROFESSIONAL STANDARDS IN PART OF REQUIREMENTS,

MANDATORY FOR APPLICATION BY STATE OFF-BUDGETARY

FUNDS OF THE RUSSIAN FEDERATION, STATE

OR MUNICIPAL INSTITUTIONS, GOVERNMENT

OR MUNICIPAL UNITARY ENTERPRISES, AS WELL AS

STATE CORPORATIONS, GOVERNMENT

COMPANIES AND BUSINESS SOCIETIES, MORE THAN FIFTY

PERCENTAGE OF SHARES (SHARES) IN THE AUTHORIZED CAPITAL OF WHICH

IS IN STATE OWNERSHIP

OR MUNICIPAL PROPERTY

In accordance with Part 1 of Article 4 of the Federal Law “On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation”, the Government of the Russian Federation decides:

1. Professional standards in terms of qualification requirements necessary for an employee to perform a certain labor function, established by the Labor Code of the Russian Federation, other federal laws, acts of the President of the Russian Federation, the Government of the Russian Federation and federal executive authorities, are applied by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business entities, more than fifty percent of the shares (shares) in the authorized capital of which are in state ownership or municipal ownership, step by step on the basis approved by these organizations, taking into account the opinions of representative employee bodies have plans for organizing the application of professional standards (hereinafter referred to as plans), including:

a) a list of professional standards to be applied;

b) information on the need for vocational education, vocational training and (or) additional vocational education of workers, obtained on the basis of an analysis of the qualification requirements contained in professional standards and the personnel composition of the organizations specified in paragraph one of this paragraph, and on the implementation of relevant measures for education and training in the prescribed manner;

c) stages of application of professional standards;

d) a list of local regulations and other documents of organizations specified in paragraph one of this paragraph, including on issues of attestation, certification and other forms of assessing the qualifications of workers that are subject to change in connection with the provisions of professional standards to be applied.

2. Implementation of plan activities should be completed no later than January 1, 2020.

3. Bodies and organizations exercising the functions and powers of the founders of the organizations specified in paragraph one of paragraph 1 of this resolution, as well as exercising control and coordination of the activities of such organizations, ensure:

a) introducing changes in the prescribed manner to the relevant regulatory legal acts and documents that require taking into account the provisions of professional standards to be applied;

b) monitoring the implementation of plan activities.

4. The application of new professional standards shall be carried out taking into account the provisions provided for in paragraphs 1 - 3 of this resolution.

5. Recommend that federal government bodies, federal executive bodies, executive bodies of constituent entities of the Russian Federation, local government bodies, organizations send proposals for updating professional standards (if any) to the Ministry of Labor and Social Protection of the Russian Federation in order to organize their consideration in the prescribed manner in the National Council under the President of the Russian Federation for Professional Qualifications.

6. The implementation of this resolution is carried out by state extra-budgetary funds of the Russian Federation at the expense of the corresponding budgets, by federal state institutions - within the limits of funds provided for by the budget estimates of the recipient of federal budget funds and plans for the financial and economic activities of federal state institutions, federal state unitary enterprises, as well as state corporations, state-owned companies and business entities, more than fifty percent of shares (shares) in the authorized capital of which are owned by the Russian Federation - at their own expense.

7. The Ministry of Labor and Social Protection of the Russian Federation shall provide clarifications on the application of this resolution.

8. This resolution comes into force on July 1, 2020.

Chairman of the Government

Russian Federation

D.MEDVEDEV
0

Decree of the Government of the Russian Federation dated June 27, 2016 No. 584

decides:

a) a list of professional standards to be applied;

c) stages of application of professional standards;

2. Implementation of plan activities should be completed no later than January 1, 2020.

3. Bodies and organizations exercising the functions and powers of the founders of the organizations specified in paragraph one of paragraph 1 of this Resolution, as well as exercising control and coordination of the activities of such organizations, ensure:

a) introducing changes in the prescribed manner to the relevant regulatory legal acts and documents that require taking into account the provisions of professional standards to be applied;

b) monitoring the implementation of plan activities.

4. The application of new professional standards shall be carried out taking into account the provisions provided for in paragraphs 1 – 3 of this Resolution.

6. The implementation of this Resolution is carried out by state extra-budgetary funds of the Russian Federation at the expense of the corresponding budgets, by federal state institutions - within the limits of funds provided for by the budget estimates of the recipient of federal budget funds and plans for the financial and economic activities of federal state institutions, federal state unitary enterprises, as well as state corporations, state-owned companies and business entities, more than fifty percent of the shares (shares) in the authorized capital of which are owned by the Russian Federation - at their own expense.

7. The Ministry of Labor and Social Protection of the Russian Federation shall provide clarifications on the application of this Resolution.

8. This Resolution comes into force on July 1, 2020. Chairman of the Government of the Russian Federation D. Medvedev