When and who needs to conduct an independent assessment of employee qualifications?

Concept

To assess the qualifications of a subordinate, the creation of specialized centers is envisaged. They will be the ones who will be able to confirm and identify discrepancies between the level of his training and the stated requirements.

What is meant by independent assessment? So, an independent assessment of professional qualifications is a special procedure during which the skills of a specialist (applicant) are compared with the existing standard, which is regulated by law. Requirements for the employee are made according to the profession in which he wants to confirm his competence. Such an assessment is not carried out by the employer or within the institution itself. This is done by a specialized center for assessing professional qualifications .

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Innovations in the law

The procedure for independent assessment of the qualifications of employees and applicants for vacancies is prescribed in Federal Law No. 238-FZ of July 3, 2016. The assessment itself is carried out by special organizations that have permission to do so - qualification assessment centers (QACs). They do this in the form of an exam according to the rules approved by Decree of the Government of the Russian Federation of November 16, 2020 No. 1204.

Federal Law No. 238-FZ of July 3, 2020 “On independent assessment of qualifications” is aimed at regulating how to conduct qualification assessments of the skills of employees of various institutions. Let us immediately note that the law does not apply to persons in public service.

This law explains:

• how exactly the assessment should be carried out, what the procedure and criteria are;
• what is the basis for the assessment (we are talking not only about legal, but also organizational issues);
• who participates in such an assessment, what freedoms they are endowed with, and what is their immediate responsibilities.

It is the law on independent assessment of employee qualifications (hereinafter also referred to as NCA) that establishes the form for conducting such testing of employees’ knowledge and skills. Thus, legislators have obligated workers to take specialized exams, based on the results of which a decision will be made on their professional suitability. The regulations have yet to be approved by the Government of the Russian Federation.

Legislation on independent assessment of workers' qualifications

On January 1, 2020, Federal Law No. 238-FZ dated July 3, 2016 “On independent assessment of qualifications” came into force.
Federal Law No. 238-FZ “On Independent Assessment of Qualifications”:

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

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

• Federal Law of July 3, 2016 No. 239-FZ “On Amendments to the Labor Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications” and
• Federal Law of July 3, 2020 No. 251-FZ “On amendments to part two of the Tax Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications”.

Principles of independent assessment of employee qualifications:

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

The task of independent assessment of employee qualifications:

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

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

Independent assessment of qualifications and certification of an employee

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

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

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

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

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

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

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

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

Benefits of independent assessment of employee qualifications for employers:

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

Benefits of independent assessment of employee qualifications for educational organizations:

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

Benefits of independent assessment of employee qualifications for authorities:

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

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

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

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

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

Cost of passing an independent assessment of employee qualifications:

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

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

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

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

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

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

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

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

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

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

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

Since 2020, a separate field has appeared in the declaration in form 3-NDFL for applying for a new social deduction:

• for payment for an independent assessment of qualifications.

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

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

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

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

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

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

How to pass an independent assessment of employee qualifications

In order to pass an independent qualification assessment you must:

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

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

How is an independent assessment of employee qualifications carried out?

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

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

Set of assessment tools:

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

What requirements must the Employee Qualifications Assessment Center meet:

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

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

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

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

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

Based on the results of an independent qualification assessment:

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

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

PROTECTION OF LABOR RIGHTS OF HIRE EMPLOYEES

Why is it needed and on whose initiative is it carried out?

Article 195.3 of the Labor Code of the Russian Federation states that, in accordance with the existing requirements of the law, employers are required to apply professional standards. We are also talking about small firms, enterprises, private merchants, whose business employs specialists, for whom assessment of the level of qualifications is mandatory. The level of their skills and knowledge must correspond to the existing standards enshrined in regulations. This requirement means that it is the employers themselves who are most interested in conducting NOC. Also see “Professional standard for an accountant: how and why to apply it.”

EXAMPLE Let's say an enterprise has one or more employees involved in driving SUVs. An assessment of the qualifications of workers with such specialization must be carried out. For this category of employees, the corresponding order of the Ministry of Transport No. 287 dated September 28, 2015 has been developed. It contains a developed and legally enforceable occupational standard for off-road vehicle drivers.

Thus, if an organization is engaged in transportation or transportation using off-road vehicles, then it is necessary to conduct an assessment of professional qualifications. The professional standard will be the main criterion here. Otherwise, legal requirements will not be met. This means that the head of the organization will bear administrative responsibility for this. Also see “Professional Standards for Human Resources in 2020.”

Exams at NOC centers

To obtain an independent assessment, a specialist must pass a special exam. To do this, you need to visit the NOC center to bring the work at your enterprise into compliance with standards. Today there are about two dozen such organizations throughout Russia. Also see Professional Standards: Instructions for Use.

The Council for Professional Qualifications of the Financial Market has posted on its official website a list of organizations recommended as CSCs (CSC – qualification assessment center).

We add that employee qualifications can be assessed in one of the following ways:

1. directly in the very center;
2. remotely.

The entire process is coordinated by a special national council under the head of state. This body administers a system of independent assessment of qualifications.

In 2020, as before, exams will be held at NOC centers. All their procedural issues are strictly regulated. The work of all centers is monitored by supervisory authorities. If during inspections it turns out that there are any violations or falsification of results, the organization will be deprived of the right to conduct an independent assessment of personnel qualifications.

Federal Law of July 3, 2020 N 238-FZ “On independent assessment of qualifications”

Adopted by the State Duma on June 22, 2020

Approved by the Federation Council on June 29, 2020

Article 1. Subject of regulation of this Federal Law

1. The subject of regulation of this Federal Law is the relations that arise during an independent assessment of the qualifications of workers or persons applying for a certain type of labor activity.

2. This Federal Law establishes the legal and organizational basis and procedure for conducting an independent assessment of the qualifications of workers or persons applying for a certain type of labor activity, and also determines the legal status, rights and obligations of participants in such an independent assessment of qualifications.

3. A different procedure for assessing the qualifications of workers or persons applying for a certain type of labor activity may be established by other federal laws and other regulatory legal acts of the Russian Federation if, in relation to the relevant categories of workers, the Labor Code of the Russian Federation defines the specifics of regulating the labor of such workers , including in connection with performing work under harmful and (or) dangerous working conditions.

4. This Federal Law does not apply to citizens applying for civil service positions and civil servants.

Article 2. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts apply:

1) national agency for the development of qualifications - an autonomous non-profit organization created to ensure activities for the development of qualifications in the Russian Federation, the founders of which include all-Russian associations of employers, all-Russian associations of trade unions and the Russian Federation, on behalf of which the functions and powers of the founder are exercised by federal bodies executive authorities authorized by the Government of the Russian Federation;

2) national council - the national council under the President of the Russian Federation for professional qualifications, which is an advisory body under the President of the Russian Federation to consider issues related to the development of qualifications in the Russian Federation;

3) independent assessment of the qualifications of workers or persons applying for a certain type of labor activity (hereinafter - independent assessment of qualifications) - a procedure for confirming compliance of the applicant’s qualifications with the provisions of the professional standard or qualification requirements established by federal laws and other regulatory legal acts of the Russian Federation (hereinafter - qualification requirements) conducted by the qualification assessment center in accordance with this Federal Law;

4) assessment tools for conducting an independent assessment of qualifications - a set of tasks, assessment criteria used by qualification assessment centers when conducting a professional examination;

5) register of information on the conduct of an independent qualification assessment - an information resource to ensure the conduct of an independent qualification assessment (hereinafter referred to as the register);

6) council for professional qualifications - a management body vested in accordance with this Federal Law with the authority to organize an independent assessment of qualifications for a certain type of professional activity;

7) applicant - an employee or a person applying for a certain type of labor activity who has applied, including at the direction of the employer, to the qualification assessment center to confirm his qualifications in the manner established by this Federal Law;

qualification assessment center - a legal entity that, in accordance with this Federal Law, carries out activities to conduct an independent qualification assessment.

Article 3. Participants in the independent qualification assessment system

Participants in the independent qualification assessment system are:

1) national council;

2) national agency for the development of qualifications;

3) advice on professional qualifications;

4) qualification assessment centers;

5) employers;

6) applicants;

7) the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor (hereinafter referred to as the authorized executive body).

Article 4. Conducting an independent assessment of qualifications

1. An independent assessment of qualifications is carried out in the form of a professional exam by the qualification assessment center in the manner established by the Government of the Russian Federation.

2. A professional examination is carried out on the initiative of the applicant at the expense of the applicant, other individuals and (or) legal entities, or at the direction of the employer at the expense of the employer in the manner established by labor legislation.

3. To pass a professional exam, a written application of the applicant according to the established form, submitted in person, through a legal representative or in the form of an electronic document using public information and telecommunication networks, including the Internet, a copy of the passport or a copy of another identification document, as well as other documents necessary for the applicant to pass a professional exam for the relevant qualification, information about which is contained in the register.

4. Based on the results of passing the professional exam, the qualification assessment center issues a certificate of qualification to the applicant within thirty days, and in case of receiving an unsatisfactory grade during the professional exam, a conclusion on passing the professional exam, including recommendations for the applicant. During this period, the results of an independent assessment of the applicant’s qualifications are checked, processed and recognized by the Council for Professional Qualifications.

5. Information on issued qualification certificates is entered into the register by the national qualifications development agency.

6. The applicant, employer, other individuals and (or) legal entities specified in part 2 of this article who do not agree with the decisions made by the qualification assessment center based on the results of passing the professional exam, within thirty calendar days from the date of informing them about the results of passing the professional examination in the manner established by the regulations on the appeal commission for the consideration of complaints related to the results of the professional examination and the issuance of a certificate of qualification, has the right to submit a written complaint to the appeal commission of the council for professional qualifications.

Article 5. National Council

1. Coordination of the activities of federal executive bodies, associations of employers, trade unions (their associations), associations (unions) and other organizations representing and (or) uniting professional communities, educational, scientific and other organizations in the field of independent qualification assessment is carried out by the national council .

2. The national council includes representatives of government bodies of the Russian Federation, all-Russian and other associations of employers, all-Russian trade unions (their associations), associations (unions) and other organizations representing and (or) uniting professional communities, educational, scientific and other organizations.

3. The powers of the national council and its composition are determined by this Federal Law and the decree of the President of the Russian Federation.

4. The publication of regulatory legal acts of the Russian Federation on issues of independent assessment of qualifications is carried out after consideration and approval of these acts by the national council.

Article 6. National agency for the development of qualifications

National Agency for the Development of Qualifications:

1) provides organizational, methodological, expert and analytical support for the activities of the national council, councils for professional qualifications and qualification assessment centers;

2) prepares proposals for the national council to empower professional qualifications councils to organize an independent assessment of qualifications for a certain type of professional activity, as well as to terminate such powers;

3) organizes the formation and maintenance of the register;

4) approves, on the basis of proposals from councils for professional qualifications, the names of qualifications and qualification requirements for compliance with which an independent assessment of qualifications is carried out, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam, after approval of these proposals by the national council, introduces the information contained in the specified documents in the register;

5) provides information and consultation to participants in the independent qualification assessment system on issues of its implementation in accordance with this Federal Law;

6) performs other functions in accordance with this Federal Law.

Article 7. Council for Professional Qualifications

1. The Council for Professional Qualifications is created by decision of the national council to conduct an independent assessment of qualifications for a certain type of professional activity in order to develop a system of independent assessment of qualifications at the all-Russian level.

2. The Council for Professional Qualifications is created on the basis of all-Russian and other associations of employers, associations (unions) and other organizations representing and (or) uniting professional communities, and by decision of the national council is vested with the authority to organize an independent assessment of qualifications for a certain type of professional activity . The Council for Professional Qualifications also includes representatives of trade unions (their associations), educational, scientific and other organizations.

3. The Council for Professional Qualifications, in order to carry out its activities, develops a regulation based on the approximate regulations on the Council for Professional Qualifications and approves it.

4. Council for professional qualifications for a certain type of professional activity:

1) approves assessment tools for the relevant qualifications, which are used by qualification assessment centers when conducting a professional exam for the relevant qualification;

2) submits to the national agency for the development of qualifications draft names of qualifications and requirements for qualifications, for compliance with which it is planned to carry out an independent assessment of qualifications, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam for the relevant qualification;

3) selects organizations to perform the functions of qualification assessment centers, empowers them to conduct an independent assessment of qualifications and sends information about the decision made to the national agency for the development of qualifications for inclusion in the register;

4) determines for each qualification assessment center the names of qualifications for which an independent assessment of qualifications will be carried out, and sends information about such names to the national agency for the development of qualifications for their inclusion in the register;

5) monitors the activities of qualification assessment centers and controls their activities;

6) makes a decision to terminate the powers of qualification assessment centers and sends information about the decision made to the national agency for the development of qualifications for inclusion in the register;

7) checks, processes and recognizes the results of an independent qualification assessment, makes a decision on the issuance of qualification certificates by the qualification assessment center and sends information on issued qualification certificates to the national qualifications development agency for its inclusion in the register;

carries out an independent assessment of qualifications by decision of the national council;

9) creates an appeal commission to consider complaints related to the results of the professional examination and the issuance of a certificate of qualification, and organizes its activities.

5. Financial support for the activities of the council for professional qualifications is carried out at the expense of the own funds of the legal entity on the basis of which it was created, and other sources not prohibited by the legislation of the Russian Federation.

Article 8. Qualifications Assessment Center

1. The Qualifications Assessment Center conducts an independent assessment of qualifications. The list of qualifications is determined for the relevant qualification assessment center by the professional qualifications council.

2. The Qualifications Assessment Center conducts professional exams.

3. The powers of the qualification assessment center may be terminated in the event of:

1) non-compliance of the activities of the qualification assessment center with the established requirements;

2) repeated violation by the qualification assessment center of the procedure for conducting professional exams;

3) the qualification assessment center submits obviously false information during the selection process and vests it with the authority to conduct an independent assessment of qualifications, monitor or control its activities;

4) receipt from a legal entity of an application to terminate, on its own initiative, the exercise of the powers of the qualification assessment center;

5) liquidation of a legal entity in the manner prescribed by the civil legislation of the Russian Federation.

4. When a legal entity terminates the powers of a qualifications assessment center in the cases provided for in Part 3 of this article, information about the qualifications assessment center is excluded from the register by the national agency for the development of qualifications no later than five working days from the date the professional qualifications council makes a decision to terminate these powers.

5. If a legal entity terminates the powers of the qualification assessment center, the professional qualifications council ensures the fulfillment of outstanding obligations to applicants for whom the independent qualification assessment procedure has not been completed.

6. Financial support for the activities of the qualification assessment center is carried out at the expense of the qualifications assessment center’s own funds and other sources not prohibited by the legislation of the Russian Federation.

Article 9. Powers of the authorized executive body

1. The authorized executive body exercises the following powers:

1) approves the approximate regulations on the council for professional qualifications and the procedure for vesting the council for professional qualifications with powers to organize an independent assessment of qualifications for a certain type of professional activity and termination of these powers;

2) approves the form of the certificate of qualification and its annexes, technical requirements for the form, the procedure for filling out the form and issuing a duplicate certificate of qualification, as well as the form of the conclusion on passing the professional exam;

3) approves a sample application for an independent assessment of qualifications and the procedure for submitting such an application, including in the form of an electronic document, using public information and telecommunication networks, including the Internet;

4) approves the requirements for qualification assessment centers and the procedure for selecting organizations to vest them with the authority to conduct an independent assessment of qualifications and terminate these powers;

5) approves the regulations on the appeal commission for the consideration of complaints related to the results of passing a professional exam and the issuance of a certificate of qualification;

6) approves the regulation on the development of names of qualifications and qualification requirements, for compliance with which an independent assessment of qualifications is carried out, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam for the relevant qualification;

7) approves the regulations on the development of assessment tools for conducting independent assessment of qualifications;

approves the procedure for forming and maintaining the register, the list of information contained in the register, and the procedure for accessing it;

9) approves the procedure for monitoring and control in the field of independent qualification assessment.

2. The authorized executive body carries out monitoring and control in the field of independent qualification assessment.

Article 10. Information support for independent qualification assessment

1. In order to ensure an independent assessment of qualifications, a register is used, which includes:

1) information on the activities of the national council and the national agency for the development of qualifications regarding issues related to the development of qualifications;

2) information about professional qualifications councils and qualification assessment centers;

3) information about the names of qualifications and qualification requirements for compliance with which an independent assessment of qualifications is carried out, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam for the relevant qualification;

4) information about issued qualification certificates;

5) a list of official websites of the national council, the national agency for the development of qualifications, councils for professional qualifications and qualification assessment centers on the Internet;

6) other information, the list of which is determined by the authorized executive body.

2. The National Qualifications Development Agency is responsible for the accuracy and relevance of the information contained in the register.

3. The information contained in the register is public, with the exception of information containing personal data. Access for citizens and organizations to the register is free.

4. The National Agency for the Development of Qualifications, councils for professional qualifications and qualification assessment centers create publicly available information resources containing information about their activities, and provide access to these resources through the use of official websites on the Internet, the list of which is contained in the register .

Article 11. Transitional provisions

If federal laws and other regulatory legal acts of the Russian Federation establish a different procedure for assessing the qualifications of workers or persons applying for a certain type of labor activity than is provided for by this Federal Law (except for the cases provided for in Part 3 of Article 1 of this Federal Law ), application of this procedure is allowed until July 1, 2019.

Article 12. Entry into force of this Federal Law

This Federal Law comes into force on January 1, 2017.

President of Russian Federation

V. Putin

Information about NOCs in documents

An employee or applicant submits to the qualification assessment center:

• a written statement indicating the qualifications for which he wants to pass the professional examination, and consent to the processing of personal data. The sample application was approved by order of the Ministry of Labor of Russia dated December 2, 2020 No. 706n. He submits the application in person, through a legal representative or electronically via the Internet;
• a copy of your passport or other identity document;
• other documents required for the exam depending on qualifications and professional standards. This is stated in paragraph 7 of the Rules, approved by Decree of the Government of the Russian Federation of November 16, 2020 No. 1204.

Independent assessment of qualifications

• home
• Departments NOSTROY
• Department of the National Register of Specialists and Development of Professional Qualifications
• Construction Vocational Qualifications Council

Federal Law of June 3, 2020 No. 238-FZ On independent assessment of qualifications

Register of information on independent qualification assessment
Register of organizations empowered to independently assess qualifications
Order of the Ministry of Labor of the Russian Federation dated December 19, 2020 No. 759n On approval of requirements for qualification assessment centers and the procedure for selecting organizations to empower them with independent qualification assessment

Decree of the Government of the Russian Federation of November 16, 2020 No. 1204 On approval of the rules for conducting an independent qualification assessment by a qualification assessment center in the form of a professional exam

Schedule of inspections of qualification assessment centers in the field of construction (QAC) in 2020 Schedule of inspections of qualification assessment centers in the field of construction (QAC) for 2020 Schedule of inspections of qualification assessment centers in the field of construction (QAC) in 2020

Methodology for determining the cost of qualification assessment work

The procedure for assessing (recognizing) the qualifications of an expert at the center for assessing qualifications in construction The procedure for forming the names of professional qualifications The application form to the NSPK for the approval of the names of professional qualifications The algorithm for agreeing on lists of professional qualifications The procedure for selecting organizations to empower them to conduct an independent assessment of qualifications

Regulations

Decree of the President of the Russian Federation “On the National Council under the President of the Russian Federation for Professional Qualifications” dated April 16, 2014 No. 249 (as amended by Decree of the President of the Russian Federation dated December 18, 2016 N 676) Government Order dated May 14, 2015 No. 881-r “Plan -schedule for the formation of a network of independent centers for certification of professional qualifications"

Order of the Ministry of Labor of Russia dated December 19, 2016 No. 758n “On approval of the Model Regulations on the Council for Professional Qualifications and the Procedure for vesting the Council for Professional Qualifications with powers to organize an independent assessment of qualifications for a certain type of professional activity and termination of these powers” ​​(registered with the Ministry of Justice of Russia on December 29. 2016 No. 45043)

Order of the Ministry of Labor of Russia dated December 14, 2016 No. 729n “On approval of the Procedure for monitoring and control in the field of independent assessment of qualifications” (registered with the Ministry of Justice of Russia on December 20, 2016 No. 44817)

Order of the Ministry of Labor of Russia dated December 12, 2016 No. 725n “On approval of the form of the certificate of qualification and its attachments, technical requirements for the form of the certificate of qualification, the procedure for filling out the form of the certificate of qualification and issuing its duplicate, as well as the form of the conclusion on passing the professional exam” (registered with the Ministry of Justice of Russia on December 29, 2016 No. 45071)

Order of the Ministry of Labor of Russia dated December 12, 2016 No. 726n “On approval of the regulations on the development of names of qualifications and qualification requirements for compliance with which an independent assessment of qualifications is carried out” (registered with the Ministry of Justice of Russia on December 26, 2016 No. 44970)

Order of the Ministry of Labor of Russia dated December 2, 2016 No. 706n “On approval of a sample application for an independent assessment of qualifications and the Procedure for filing such an application” (registered with the Ministry of Justice of Russia on December 20, 2016 No. 44812)

Order of the Ministry of Labor of Russia dated December 1, 2016 No. 701n “On approval of the Regulations on the Appeal Commission for the consideration of complaints related to the results of passing a professional exam and the issuance of a certificate of qualification” (registered with the Ministry of Justice of Russia on December 29, 2016 No. 45042) Order of the Ministry of Labor of Russia dated November 1, 2016 No. 601n “On approval of the Regulations on the development of assessment tools for conducting independent assessment of qualifications” (registered with the Ministry of Justice of Russia on December 29, 2016 No. 45047)

Federal Law of July 3, 2020 N 239-FZ “On Amendments to the Labor Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications”

Federal Law of July 3, 2020 N 251-FZ “On Amendments to Part Two of the Tax Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications”

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New tax deduction and benefit!

The Independent Skills Assessment Act 2020 allows employers to take into account the costs incurred as a result of conducting NQF. In fact, this will reduce the amount of taxable profit and, accordingly, the tax.

If the costs of passing the exam were borne by the employee himself, then he has the right to claim the corresponding new social tax deduction. After the assessment of professional qualifications is completed, the employee only needs to contact the tax office, not forgetting to take documents confirming the expenses with him. Here is the requirement of the Tax Code:

Features of NOC

On July 3, 2016, Federal Law No. 238 “On Independent Assessment of Qualifications” was signed by the President of the Russian Federation Vladimir Putin, and this law officially came into effect only in the winter of 2020. Federal Law of the Russian Federation No. 238 is a basic document that regulates the procedure for the formation of qualification assessment systems for professional standards that were adopted by the general association of employers. These assessment systems are based on the complete trust of employers and employees in the quality of the assessment carried out.

NOC is a special procedure that confirms the compliance of the knowledge and skills of specific specialists with certain professional standards or professional requirements that were established in accordance with the laws and regulations of the Russian Federation. This procedure is carried out by special centers in full compliance with Federal Law No. 238.

Based on the results of successful completion of the NOC, employees are issued appropriate certificates - state-issued documents that confirm the passing of professional exams under Federal Law No. 238. All important information about the issued “crusts” must be entered into the register.

How is an independent assessment of qualifications carried out?

Based on specific professional standards, workers choose certain qualification levels for the NOC. Then they send the established list of papers to the CSC, depending on the requirements of a particular organization for the selected skill levels. After applicants have submitted the necessary documents, CSC employees conduct professional exams, which include a theoretical and practical part. The last stage is the registration and issuance of an appropriate certificate, which confirms the satisfactory knowledge and skills of a specialist in a specific field of activity.

The creation and introduction of a system of professional standards is designed to improve the quality of professional opportunities, improve the professionalism of workers, and ensure high competitiveness and economic stability of the country. The creation of professional standards is carried out with the direct participation of employers, thanks to which they fully comply with current requirements for the professional training of workers.

The procedure for undergoing an independent assessment of the qualification level of specialists provides for a number of tax benefits. In accordance with Federal Law No. 251 of July 3, 2016, some benefits may be provided to employees who undergo the NOC, as well as to employers who refer applicants to the relevant CSC.

Money spent on an independent assessment is not subject to personal income tax (in accordance with paragraph 21.1 of Article 217 of the Tax Code of Russia). Individuals are provided with deductions for personal income tax, and the amount of this deduction is equal to the amount that was paid to pass the NOC for the current calendar year. All expenses incurred by employers are taken into account when determining expenses for calculating taxes on enterprise income. But these costs are taken into account only if the assessment of the employee’s qualification level was carried out under NOC agreements, and the labor relationship between the employer and the employee who is sent to the assessment center must be formalized in accordance with the law.

Who pays for the exam?

The “investor” of the full cost of the exam is determined based on who exactly was the initiator of passing it. Let's remember that there are two options:

1. the employer sent the employee to take the exam;
2. the employee himself expressed a desire to undergo certification.

The initiator himself pays for the qualification level assessment. In practice, this rule is still in effect now, but will only come into force next year (Article 187 of the Labor Code of the Russian Federation).

In the next reporting period, employers will be able to write off the costs of passing the exam at the NOC center for their employees. This opportunity will be available to those who work on the following taxation systems:

• OSNO;
• simplified tax system;
• Unified Agricultural Sciences.

But there are exceptions here too. If only an applicant for a position takes the exam, and not a current employee, expenses in this part cannot be taken into account. The law applies exclusively to those who are already officially employed by the organization.

Negative decision on the exam

If an officially employed employee does not pass the exam, then the employer should not rush to fire him. The Labor Code of the Russian Federation does not provide for such grounds for dismissal. More compelling reasons will be required (clause 3, part 1, article 81 of the Labor Code of the Russian Federation). If the employee fulfills all his duties, then failing the exam will not be a sufficient reason for dismissal.

When an applicant for a position fails the exam, the organization has no right to hire him. Otherwise, the law will be violated, because the employer must follow the requirements of professional standards. What should a leader do? Refuse a candidate to hire.

In case of violation of its duties, the employer may be brought to administrative liability (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Therefore, we should not forget that the qualification assessment system gives participants not only rights, but also burdens.

Step-by-step algorithm for passing an independent qualification assessment in 2020

Below we provide step-by-step instructions for sending employees for an independent qualification assessment in 2020.

If you find an error, please select a piece of text and press Ctrl+Enter.

When and who needs to conduct an independent assessment of employee qualifications?

Since July 2020, the mechanism for independent qualification assessment has been fully operational. Employers should now use it to validate workers' competencies against occupational standards. However, state and municipal institutions are only partially subject to these standards. In what cases should employees be sent for qualification assessment, and when not?

As you know, on July 1 of this year, the transition period ended, allowing employers to use other procedures for assessing the qualifications of employees and applicants than those provided for by Law No. 238-FZ (Federal Law of July 3, 2016 No. 238-FZ “On Independent Assessment of Qualifications”) (this is indicated in its article 11). The main way to confirm an employee’s competencies was to send him to a qualification assessment center (QAC) to pass a professional exam there. That is, assessment procedures must now be carried out not by employers themselves, but by specially created centers with trained experts on staff - due to this, independence in confirming the professional level of an employee is achieved.

is no longer the employers themselves who must carry out assessment procedures , but the CSC.

But, despite the emergence of a unified procedure for conducting an independent assessment of qualifications, the employer’s obligation to check all its employees in this way is not provided for by labor legislation. By virtue of Art. 196 of the Labor Code of the Russian Federation, the employer independently decides on the need to assess qualifications, based on the specifics of its own activities. The Ministry of Labor has repeatedly reminded about the voluntary nature of the procedure for employers and employees (See, for example, Information from the Ministry of Labor of the Russian Federation dated 04/21/2017 “Answers to frequently asked questions on the implementation of the Federal Law of 07/03/2016 No. 238-FZ “On Independent Qualification Assessment” and the official website “Onlineinspection.rf”, section “Questions and Answers”, question dated 05/20/2019).

The qualification assessment procedure is directly related to the introduction of professional standards - the competencies of employees are checked for compliance with their provisions. Institutions have legal opportunities to send personnel to the CSC, because by 01/01/2020 they need to complete the implementation of plans for the implementation of professional standards (Resolution of the Government of the Russian Federation dated 06/27/2016 No. 584). Among other things, plans must contain a list of local regulations and other documents of institutions (including on issues of certification, certification and other forms of assessing the qualifications of workers), which are adjusted taking into account the provisions of professional standards.

Some institutions took advantage of this opportunity and included in their plans, for example, such a personnel decision as sending employees to the CSC to confirm their qualifications meet the requirements of professional standards. Although practice shows that many still did not mention the new assessment method in their plans for introducing professional standards.

Some groups of workers for whom professional standards have been introduced should not be sent by the institution to the CSC.

There is a reason for such actions: some groups of workers for whom professional standards have been introduced should not be sent by the institution to the CSC. According to Part 3 of Art. 1 of Law No. 238-FZ, qualifications must be confirmed in a different manner if the Labor Code of the Russian Federation defines the specifics of labor regulation for a particular category of workers (in particular, those related to harmful and (or) dangerous working conditions). In these cases, the procedure for assessing qualifications is established by other federal laws and regulatory legal acts of the Russian Federation.