Independent assessment of professional qualifications. About independent assessment of qualifications

An independent qualification assessment implies a special procedure for assessing the knowledge and practical skills of an employee or applicant for a certain position for compliance with established professional standards or other qualification requirements. Moreover, the result of this procedure can directly affect the possibility of employing an applicant or dismissing an employee for inadequacy of the position held. Therefore, all parties to the employment contract should know whether an independent qualification assessment is mandatory or not and what it is.

Independent assessment of qualifications - laws and regulations

In Russian legislation, the concept of independent qualification assessment is quite new and has been applied since 2017. To introduce this system and concept into labor practice in Russia, separate regulatory documents and acts were adopted. In addition, its implementation is also regulated by the provisions of the Labor Code of the Russian Federation. In total, the legal regulation of the procedure under consideration is ensured by the provisions of the following Russian regulatory documents:

Art. 187 Labor Code of the Russian Federation. Its principles ensure that workers sent to undergo an independent assessment of their qualifications are provided with certain social guarantees. In particular, during the assessment, the employee must retain his job, position, and salary. In addition, if the employer sends him for an assessment, he is obliged to pay for both the services for carrying out the said procedure and to cover all expenses, such as travel expenses, if the assessment will be carried out in another locality.
Art. 196 Labor Code of the Russian Federation. The principles of this article establish the main responsibilities and rights of the employer in matters of conducting and ordering an independent qualification assessment. In particular, these include the right to independently determine in local regulations and other documents the procedure for sending employees for the said assessment, as well as the obligation to comply with legal standards in matters of providing employees with guarantees during the said procedure.
Art. 197 Labor Code of the Russian Federation. The standards of this article establish the right of workers themselves to undergo an independent qualification assessment at their request, as well as to receive additional professional education they need if necessary.
Federal Law No. 238 dated 07/03/2016. This Federal Law in its provisions laid the foundation for an independent assessment of qualifications. It regulates both the basic concepts associated with carrying out this procedure, as well as other nuances and features of an independent assessment of qualifications, its meaning and legal consequences for the parties to the employment contract and the assessment itself.
Decree of the Government of the Russian Federation No. 1204 of November 16, 2016. This government decree, by its provisions, provides legal regulation of the procedure for conducting an independent assessment of qualifications by organizations authorized for it and establishes specific rules used in this process.

In general, the legislative framework for conducting independent qualification assessment is quite extensive and this made it possible to quickly introduce this system as used at the federal level and existing in all constituent entities of the Russian Federation. At the same time, the qualification assessment itself can be useful both for the employee and for the employer and the state as a whole due to a number of features that will be discussed below.

What is an independent qualification assessment, when and how is it carried out?

First of all, an independent assessment of qualifications means that an employee or applicant undergoes testing for compliance with any specific professional standard. Requirements for passing such testing may be established by separate regulations affecting aspects of work in certain positions. In particular, it is mandatory to assess the qualifications of soldiers or specialists responsible for labor protection in enterprises with hazardous working conditions.

Moreover, unlike direct labor relations, independent assessment of qualifications is not a purely two-way process, affecting only the employee and the employer. A qualification assessment center must also be a mandatory participant. Such institutions and the procedure for their functioning are determined by the provisions of the above-mentioned Federal Law No. 238. The state maintains a corresponding register of assessment centers, which everyone has the right to familiarize themselves with.

Qualification assessment centers are purely private organizations, but their activities are subject to strict legislative regulation. At the same time, they have the right to independently set prices for their services within certain limits, and the procedure for conducting a qualification assessment is paid and is not subject to compensation from the budget.

In general, the process of referring an employee for an independent qualification assessment may look like this:

The employer finds the basis according to which the employee can be sent for an independent assessment of qualifications. Such grounds may be the provisions of local acts in the organization, a collective agreement or an employment contract, as well as legal requirements for conducting qualification assessments on a regular basis. In addition, factors on the basis of which qualifications can be assessed may be the employee’s improper performance of his duties, an industrial accident, or an order from executive bodies on labor issues.
The employer issues a referral to the employee to undergo an independent assessment. Moreover, in this case, the employer himself has the right to choose a specific institution in which the worker must undergo this procedure. Thus, many employers now enter into service agreements with separate assessment centers, which reduces the overall costs of conducting assessments.
The employee independently arrives at the time and date specified in the referral to the qualification assessment center and submits a referral for testing, after which he passes it. In some cases, payment for testing may be made by the employee - for example, if the employer has provided for a similar assessment procedure or has not considered the procedure for carrying out the said procedure at all. In this case, the employee must ensure the safety of documents confirming his expenses for passing the qualification assessment.
Based on the results of the qualification assessment, the employee is issued a certificate of passing or failing the said assessment. If qualifications have not been confirmed, the employee has the right to appeal the center’s decision in court, or undergo testing in another institution of his choice. However, in the event of re-testing, the worker cannot claim compensation from the employer for passing the said assessment.
During the employee’s absence, the employer retains his average salary, and if it is necessary to go to another locality, he ensures the payment of travel allowances to the employee in accordance with the procedure established by the Labor Code.
Based on the certificate of completion of the qualification assessment, the employer makes appropriate personnel decisions. In particular, confirmation of qualifications may imply the promotion of an employee or his transfer to a new position for which he was assessed. An unsatisfactory result can lead to the employee’s removal from work or even dismissal due to inadequacy for the position held. However, before dismissal, the employer is obliged to offer the employee who failed the assessment other positions available at the enterprise for which he is suitable. It will be possible to dismiss an employee only after his refusal or in the absence of suitable vacant positions.

The procedure for conducting an independent qualification assessment can be initiated by the employee himself. For example, if he wants to have additional documentation confirming his status, or wants to get a new position or a new workplace. Also, documents confirming any qualifications may be required for direct employment.

Regarding the question of whether an independent assessment of qualifications is mandatory or not, the legislation resolves this issue quite simply. You should pay attention to individual regulatory documents regulating the conduct of certain activities - it is their provisions that establish the mandatory compliance with professional standards, or the advisory nature of their application and use.

Tax deduction for 3 personal income taxes for an independent assessment of qualifications

Current tax legislation allows workers to receive certain additional guarantees if they undergo an independent qualification assessment. In particular, it implies the possibility of obtaining a 3-NDFL tax deduction for an independent assessment of qualifications when calculating an employee’s wages.

Documents for obtaining a tax deduction are provided by the employee who spent money on passing the assessment not to the employer, but directly to the Federal Tax Service. If the employer is provided with even a complete package of necessary documentation, he does not have the right to make a tax deduction.

The amount of social tax deduction for qualification assessment is 13% of the amounts spent on completing this procedure.

An independent assessment of the qualifications of staff members and applicants for vacant positions is today a standardized procedure for confirming professional qualifications, established and regulated by law.

Independent assessment - regulatory framework

An independent assessment of the qualifications of workers is an assessment procedure during which a specialist confirms (or does not confirm) the compliance of his qualifications with the criteria of the professional standard, or the qualification requirements that are established by the legislative and other regulations in force in the Russian Federation. Currently in the Russian Federation there are norms whose provisions:

establish requirements for conducting qualification assessments by independent structures - Federal Law No. 238-FZ of July 3, 2016 “On independent qualification assessment”;

regulate the creation of a supervising body - the National Council for Professional Qualifications under the President of the Russian Federation (Decree of the President of the Russian Federation No. 249 of April 16, 2014, as amended on December 18, 2016);

regulate the procedure and procedure for conducting assessment activities - Resolution of the Government of the Russian Federation No. 1204 of November 16, 2016 “On approval of the Rules for conducting an independent assessment by the CSC”;

regulate documentary support and monitoring - Orders of the Ministry of Labor of the Russian Federation No. 649n of November 15, 2016, No. 701n of December 1, 2016, No. 706n of December 2, 2016, No. 725n of December 12, 2016, No. 726n of December 12, 2016 g., No. 729n dated December 14, 2016, No. 758n dated December 19, 2016, No. 759n dated December 19, 2016.

Qualification assessment is carried out by specialists from Qualification Assessment Centers (QAC), operating on the basis of Russian Federation Law No. 238-FZ, and is supervised by the National Council under the President of the Russian Federation.

The essence of independent assessment

Everything new is well forgotten old. In general, qualification assessment is far from an innovative procedure for our country. A similar personnel assessment took place before, only it was carried out in the formats of various certifications, certifications and recertifications, training and retraining, and advanced training. All these assessment procedures are carried out in accordance with our own standards. The independent assessment is carried out in accordance with professional standards approved by law.

The purpose of introducing an independent assessment is to move from confirming the level of training and compliance with professional standards with an education diploma, to establishing the actual level of training through systematized standards of the qualification framework and professional standard (on the basis of which the qualifications of personnel in the CSC are assessed). That is, now an employee, his category, class or rank, will be determined not by the diploma and level of accreditation of the educational institution that issued him, but by actual knowledge, skills and abilities.

The qualifications framework contains generalized characteristics of qualification levels. Depending on the status of the CSC, when assessing the qualifications of employees, they can be guided by both the national and regional (relevant for a specific CSC department) qualification framework.

A professional standard is a detailed description of labor functions provided for a specific profession or specialty, the requirements for knowledge and experience that an employee must have, in accordance with his position and qualifications.

How to conduct an independent assessment of employee qualifications

The professional exam, which is essentially an independent assessment, can only be conducted by accredited centers (ACCs). The following people can contact the NOC Center:

employer - for the purpose of carrying out NOC in relation to employees of the enterprise (in this case, the COC services are paid for by the employer);

employed employee - who wishes to undergo a qualification assessment in the specialty in which he is currently employed, or in the specialty that he also has;

a person who is not employed at the time of passing the exam - in order to confirm his qualifications (employers may consider the presence of confirmed qualifications as an advantage in competitive employment);

applicants who are in the process of employment (to obtain possible advantages in competitive selection).

Conducting an independent assessment is a purely voluntary exercise, and an employer cannot force an employee to undergo such an examination. The employee's written consent to undergo the assessment will also be required. When an employee is sent to undergo an assessment, he retains his place of work and all the guarantees provided for by the Labor Code of the Russian Federation (Article 196 of the Labor Code of the Russian Federation).

Before conducting an independent assessment of employee qualifications, the employer must agree with the CSC on the number of persons sent to undergo an independent assessment and provide:

personal application of each applicant to pass a professional exam (form approved by Order of the Ministry of Labor dated December 2, 2016 No. 706n);

a photocopy of the examinee’s passport or other identification document;

other documents required to undergo assessment activities for the relevant qualifications (additionally indicated by the CSC representative).

An independent assessment of the qualifications of examinees is carried out on the territory of an accredited institution or remotely. Information on the results of the professional exam and confirmed qualifications is entered into the register of the National Agency for the Development of Qualifications.

Based on the results of a successfully completed qualification assessment, the examinee is issued a Certificate of Qualification of the established form within 30 days (calendar), and in case of unsatisfactory results, a conclusion on passing the exam with recommendations for the examinee.

An independent assessment should not be confused with employee certification. The result of the assessment (unlike certification) does not entail any consequences for both the employee and the employer. Those. an unsatisfactory result does not give the employer the right to take any measures against the employee, just as successful completion of the assessment does not give the employee the right to demand a promotion, salary, etc.

The system of professional qualifications is supervised by the National Council under the President of the Russian Federation. An integral part of the system is an independent assessment of qualifications. The development and implementation of assessment principles is regulated by the Federal Law of July 3, 2016, which came into force on January 1, 2017.

This is not something new for our country; specialists from a number of industries regularly undergo various certifications and exams. However, previously they were carried out by different authorities, and the objectivity of such an assessment could not always be trusted. In order to unify the process and make the assessment of specialist qualifications a transparent and uniform procedure that can cover all sectors of the economy, the state has developed a national qualification system (NSQ).

The NSC is aimed at transitioning from the diploma market, where the value of an employee is determined by the diploma of an educational institution, to the qualifications market, where the real, officially confirmed level of specialist training is of decisive importance.

The system gives each person clear prospects for career growth, uniting key links in the chain: the education system, the specialist, the employer and the customer. Today, the main goal of universities is to prepare ready-made specialists in demand in the labor market. And the key essence of the system is consistent education throughout life.

What is the qualifications framework and professional standards

The basis of the professional qualifications system is a qualifications framework, systemic and structured according to the levels of each of them. At the same time, each of the areas of the economy has its own sectoral qualifications framework, which spells out the breadth of authority and responsibility of a specialist in a certain profession, the complexity and knowledge intensity of the activity.

The Qualifications Framework provides a high-level description of qualification levels. Another equally important document of the system—the professional standard—specifies the requirements for a specialist’s qualifications in detail.

A professional standard (Federal Law) is a detailed description of job functions, experience and knowledge requirements in accordance with the qualifications and position of the employee. It is the professional standard that is the link between higher education and the labor market. For a number of industries, the requirement to apply professional standards has become mandatory since 2016.

What will change in education

Higher education is moving to the so-called practice-oriented approach. This means that the graduate must have not only broad theoretical knowledge, but also specific professional skills that he can apply in a specific company in a specific workplace.

In order to update educational programs and bring them into line with new market requirements, professional public accreditation has been created. This procedure gives both the student and the future employer confidence that the university will provide the graduate with the knowledge, skills and abilities necessary for practical work.

How is university accreditation carried out?

The procedure for professional and public accreditation looks like this: the university updates the curriculum in accordance with the requirements of the professional standard, applies to the accreditation commission of the specialized council for professional qualifications (SPK), which not only carefully studies the documents, but also goes to the university and checks how it works on practice. Specialists attend classes, study graduates’ theses, etc., and then make recommendations for adjusting and improving the program.

What does the qualification assessment procedure look like?

An independent assessment is a professional examination that can be taken at an accredited center. Such centers have already been opened in many regions of Russia.

For most professions this is a voluntary procedure. Any specialist can complete it independently. The employer can also send an employee to the exam by paying for the exam. However, failure to pass the exam cannot lead to dismissal. Such a specialist will receive a conclusion that specifies the qualifications that he was unable to confirm, and recommendations from SPC specialists. Based on the information received, the applicant will be able to fill in knowledge gaps and, after a while, take the test again.

Confirmation of professional qualifications is necessary so that a person understands his place in the labor market, can count on a decent salary and predict career prospects. Having an employee with a certificate of qualification will very soon become an important factor for the employer.

But there are industries where a professional exam has an even higher status, since the requirements for assessing the level of qualifications of specialists are prescribed by law, and therefore are mandatory. In this case, the specialist cannot engage in professional activities without confirming the level of his qualifications. This applies, for example, to appraisers, auditors, etc. Such specialists perform public legal functions in the financial market, and the state always places increased demands on them. Mandatory examinations for them are carried out by various authorized structures. However, from 2019, qualification level assessment will take place only within the national system.

How much does it cost

The cost of a professional exam depends on the complexity of the profession, its rarity and the need for technical equipment of specialized qualification assessment centers, for example, with expensive equipment when it comes to blue-collar professions. In addition, the cost is also affected by the level of qualifications. The amount can range from 5,000 to 150,000 rubles.

The cost of the exam is set by the Council for Professional Qualifications, and in all assessment centers accredited for this qualification this figure will be the same throughout Russia.

The costs are borne by the person who orders the exam - the employee or the employer. Moreover, a tax deduction is provided here. If the applicant decides to confirm his qualifications, part of the funds will be compensated by the budget. You can return 13% of the amount paid for the exam, but up to a maximum of 120,000 rubles, that is, you can get no more than 15,600 rubles. A tax deduction is also provided for an employer who sends its employees to a professional examination.

How the exam works

The exam not only provides an opportunity to identify the applicant’s theoretical knowledge, but, most importantly, shows whether he can apply this knowledge in practical work. This is possible due to the structure of the exam - it consists of theoretical and practical parts. For some professions, a portfolio is included.

Passing the exam gives the applicant a clear understanding of what actual knowledge and skills are lacking and what requires attention for the successful implementation of this knowledge in practical work.

Specialists of different skill levels perform job functions of different complexity, have different competencies and work experience. The qualification levels specified in the professional standard organize these characteristics and give the employer and specialist a clear understanding of what level of salary the applicant can qualify for.

How it works in practice

Let's look at the whole process using the example of assessment activities, where many specialists have already undergone an independent assessment of their qualifications. The industry professional standard describes four levels and 11 qualifications. Of course, this does not mean that evaluators will have to take 11 exams. It is enough for a specialist to carefully study the key documents - the industry qualifications framework and the professional standard, determine what functions he has to perform in his practical work, and compare his experience and level of education.

Qualification is directly related to the complexity of the objects being assessed. Thus, to evaluate real estate, vehicles, equipment and business, a specialist only needs to confirm the sixth level of qualification; to assess large enterprises in the extractive industries, multi-industry holdings, the seventh level of qualification will be required, and to work with architectural monuments - cultural heritage sites, financial institutions and transnational organizations, a specialist must have the maximum qualification level for the industry - the eighth level of qualification. This directly affects the difficulty level of the exam.

What kind of certificate of qualification is this?

A specialist who has passed the professional exam is issued a document that confirms the level of qualification - certificate of qualification. But this is not just a piece of paper. The state has created the Federal Register of Qualified Specialists, which contains information about everyone who has passed an independent qualification assessment. Both the employer and the customer can check whether a particular specialist has confirmed his qualifications, whether he is ready to perform the assigned work, and whether his professionalism can really be trusted.

Where can I take the exam?

The professional exam can be taken at any accredited qualification assessment center (QAC). They work on the basis of professional qualifications councils. Detailed information about centers and councils is contained in the Register of Information on Independent Qualification Assessments. The portal also contains information about qualifications and examples of assessment tools - examination tasks.

For example, let's take the same appraisers. All professions related to the financial market are supervised by SPKFR - Council for Professional Qualifications of the Financial Market. A list of CSCs accredited in different regions of Russia has been published on the website of this industry council. To confirm qualifications in Moscow, a specialist can select from the list the Qualification Assessment Center, which operates on the basis of the All-Russian Industry Association of Employers of Professional Appraisers, and receive all the necessary information about the professional exam: familiarize yourself with the regulatory framework, clarify the rules for passing qualification assessment, apply for passing the exam and upon successful completion receive a certificate of qualification.

The situation is similar in other areas of professional activity. The register contains more than 40 areas: education, healthcare, shipbuilding, agriculture, transport, etc.

Why do employees need all this?

The task of an independent assessment of qualifications is to stimulate a specialist to professional growth. At the same time, its global idea is to remove unqualified specialists from the market who do not want to learn and increase their competitiveness and relevance.

The system allows an applicant applying for a new level to plan his education step by step, do internships and improve his level of training. Thus, any specialist, depending on their career goals, will be able to regularly undergo independent qualification assessments and increase their value to employers.

Why does an employer need this?

Employers who are required to apply professional standards by virtue of legal requirements are primarily interested in independent assessment of qualifications.

However, the NSC will become an effective tool in those industries where professional standards are advisory in nature. This is necessary for employers when deciding on appointment to new positions. The exam will either confirm the applicant’s level of preparation or indicate the need to undergo additional training.

In addition, qualification requirements for applicants are always included in the competition documentation for tenders. In the near future, having employees have a certificate of qualification will become a competitive advantage for customers of certain types of work and services.

The Russian Federation is implementing professional standards. In connection with increasing requirements for the qualifications of workers and the constant updating of employee competencies, there is a need to improve approaches to assessing qualifications.

The Federal Law of July 3, 2016 No. 238-FZ “On independent assessment of qualifications” was published on the official Internet portal of legal information http://www.pravo.gov.ru, 07/03/2016 No. 0001201607030025.

The law provides for the formation by associations of employers and trade unions of a system of independent assessment of qualifications for compliance with professional standards.

Special qualification assessment centers will confirm compliance with established qualification requirements.

A law has been adopted regulating the independent assessment of the qualifications of workers or persons applying for a certain type of labor activity.

An independent qualification assessment is a procedure for confirming the compliance of an applicant’s qualifications with the provisions of a professional standard or qualification requirements established by law, carried out by a qualification assessment center. The law establishes the legal and organizational basis and procedure for conducting an independent qualification assessment, and also determines the legal status, rights and obligations of participants in such assessment. The law does not apply to candidates for public service and current officials.

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. The examination is conducted at the initiative of the applicant at the expense of the applicant, other individuals and legal entities, or at the direction of the employer at the expense of the employer in the manner established by labor legislation.

Qualification assessment is voluntary for citizens, including employees and employers, and does not entail any mandatory consequences or requirements, including when hiring.

To pass the exam, a written application by the applicant according to the established form, submitted in person, through a legal representative or in the form of an electronic document, as well as other documents necessary to pass the exam for the relevant qualification, are submitted to the qualification assessment center. Based on the results of the exam, the qualification assessment center issues the applicant, within thirty days, a certificate of qualification, and in case of receiving an unsatisfactory grade during the professional exam, a conclusion on passing the professional exam, including recommendations for the applicant. Information on issued qualification certificates is entered into the register by the national qualifications development agency.

Coordination of the activities of federal executive authorities, associations of employers, trade unions, educational, scientific and other organizations in the field of independent assessment of qualifications is carried out by the National Council under the President of the Russian Federation for Professional Qualifications, which includes representatives of relevant bodies and organizations. By decision of the national council, a council for professional qualifications is created at the all-Russian level 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. Organizational, methodological, expert and analytical support for the activities of the national council, professional qualifications councils and qualification assessment centers is provided by the National Agency for the Development of Qualifications - an autonomous non-profit organization whose founders include all-Russian associations of employers and trade unions and authorized federal executive bodies.

In connection with the Federal Law “On Independent Assessment of Qualifications”, the Federal Law dated 07/03/2016 No. 239-FZ “On the Introduction of amendments to the Labor Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications”.

The federal law sets out in a new edition Article 187 “Guarantees and compensations for employees sent by the employer for vocational training or additional vocational education to undergo an independent assessment of qualifications” and makes additions to Article 196

It has been determined that when an employee is sent to undergo an independent qualification assessment for compliance with the provisions of a professional standard or qualification requirements outside of work, he retains his place of work (position) and the average salary at his main place of work. In this case, employees sent away from work to another location are paid for travel expenses in the manner and amount that are provided for persons sent on business trips.

Payment for such an assessment is carried out at the expense of the employer.

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Ministry of Labor - on independent assessment of qualifications
To begin with, let us recall that according to clause 3, part 1, art. 2 of the Federal Law of July 3, 2016 No. 238-FZ “On Independent Assessment of Qualifications” (hereinafter referred to as Law No. 238-FZ), an independent assessment is a procedure during which it is checked whether the qualifications of an employee or potential employee (hereinafter referred to as the applicant) correspond to the professional standard or qualification requirements established by federal laws and other regulatory legal acts.

According to clause 7, part 1, art. 2 of Law No. 238-FZ, an applicant is 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 (hereinafter referred to as the CAC) to confirm his qualifications in the manner established by Law No. 238-FZ . Employers are concerned whether the independent assessment procedure is mandatory for all organizations and institutions. Or is it voluntary?

Let's turn to the Labor Code. By virtue of Part 1 of its Art. 197 employees have the right to undergo an independent qualification assessment. According to Part 1 of Art. 196 the need to send employees for such an assessment for their own needs is determined by the employer. That is, the applicant can contact the CSC to undergo an independent assessment on his own, or he can be referred by the employer.

The Ministry of Labor answers this question as follows: qualification assessment is voluntary for both employees and employers and does not entail any mandatory consequences or requirements.

If an employee is sent to undergo an independent qualification assessment at the initiative of the employer, written consent must be requested from the employee. At the same time, while employees are undergoing assessment, the employer must provide them with some guarantees and compensation. In particular, in accordance with Art. 187 Labor Code of the Russian Federation:

payment for such an assessment is carried out at the expense of the employer;

the employee retains his place of work (position) and the average salary at his main place of work;

if the independent assessment is carried out in another location, the employee is paid travel expenses in the manner and amount that are provided for persons sent on business trips.

For your information: guarantees when an employer sends an employee to undergo an independent qualification assessment can be established by a collective agreement, agreements, local regulations, or an employment contract (Article 196 of the Labor Code of the Russian Federation).

What is the validity period of the independent assessment results?

Since the validity period of the results of an independent assessment is not established by Law No. 238-FZ, a logical question arises: how often do employees need to confirm their qualifications, that is, what is the validity period of the assessment results?

Let us recall that the independent assessment is carried out by the CSC in the form of a professional exam in the manner determined by Decree of the Government of the Russian Federation of November 16, 2016 No. 1204 “On approval of the Rules for the independent assessment of qualifications by the qualification assessment center in the form of a professional exam” (hereinafter referred to as Resolution No. 1204). The examination is carried out using independent assessment tools for the relevant qualification approved by the Vocational Qualifications Council.

The exam is considered successfully passed if the applicant achieves a result that meets the assessment criteria determined by means of independent qualification assessment. The exam results are issued by the CSC no later than 30 calendar days after its completion and are issued to the applicant or his legal representative.

To the question about the validity period of the results of the independent assessment, the Ministry of Labor replies that the validity period of the qualification certificate, which is issued based on the results of successful completion of the independent assessment, is determined by the councils for professional qualifications depending on the pace of development of the type of professional activity (updating technologies, knowledge and skills used in specific types of activities).

How much do independent assessment services cost?

As established by Law No. 238-FZ, if qualification assessment is carried out:

1. At the initiative of the applicant - payment for services is carried out at the expense of the applicant or other physical and (or)

2. At the direction of the employer - at his expense.

Payment for services is carried out on the basis of a contract for the provision of paid services concluded between the person at whose expense the professional exam is being conducted and the CSC. When asked about the cost of independent assessment services, the Ministry of Labor replies that this is determined by the CSC. Information about the cost of passing an independent qualification assessment will be posted on their websites.

For your information: for example, the cost of an independent assessment of the applicant’s qualifications for each qualification, conducted by the NP “Institute of Professional Accountants and Russia” is 19,000 rubles.

At the same time, when paying for services for citizens, social tax deductions are provided in case of expenses for passing a qualification assessment (the list of grounds for tax deductions is expanding, but the total amount of deductions for all reasons does not increase) (Article 219 of the Tax Code of the Russian Federation).

Regarding benefits for employers, Art. 264 of the Tax Code of the Russian Federation provides: employers’ expenses for qualification assessment are included in other expenses that are associated with the production and sale of goods (work, services) and which are not taxed. According to the same article, this will be possible only if the organization has an agreement on the provision of services for conducting independent assessment concluded with the CSC, and an employment contract with the employee undergoing this assessment.

How are the results of the independent assessment applied?

As the Ministry of Labor has already noted, qualification assessment is voluntary and does not entail any mandatory consequences or requirements.

In particular, the employer will not be able to dismiss an employee on the basis of unsatisfactory results in passing the exam (unlike the certification provided for in Article 81 of the Labor Code of the Russian Federation).

For your information: certification is a check of the professional level of an employee to determine whether his qualifications correspond to the position he holds or the work he performs. In this case, the employment contract can be terminated by the employer if the employee is not suitable for the position held or the work performed due to insufficient qualifications confirmed by the results of certification (clause 3, part 1, article 81 of the Labor Code of the Russian Federation).

The certification procedure is established by labor legislation and other acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers (Part 2 of Article 81).

In response to the question of what the results of an independent assessment can give to the applicant and the employer, officials indicated the following:

upon successful completion of the exam, the citizen can present his certificate of qualification for employment;

in accordance with the result of passing the qualification assessment, the employee can plan a further professional career, and the employer can organize employee training, their inclusion in the personnel reserve, etc.;

qualification assessment allows a person who does not have a professional education, but has work experience, to feel more confident in the labor market and plan a professional career, which increases competitiveness in the labor market;

In case of unsatisfactory passing of the exam, the conclusion issued to the applicant will tell him and the employer what knowledge and skills need to be acquired in order to successfully pass the professional exam in the future.

If the organization provides for certification

Employers who have established a method of assessing the qualifications of employees, such as certification, ask how to apply Law No. 238-FZ.

And this is what the Ministry of Labor responds to. In accordance with paragraph 3 of Art. 1 of Law No. 238-FZ, 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 defines the specifics of labor regulation, in including in connection with performing work in harmful and (or) dangerous conditions.

For your information: The specifics of labor regulation in the Labor Code are established, in particular, for pedagogical, scientific, and creative workers, and trainers. At the same time, for teaching, scientific and medical workers, employees of cultural and art institutions, other federal laws and regulations require certification to confirm qualifications and compliance with positions held.

If it is necessary to establish a different procedure for assessing the qualifications of workers (certification, etc.) than established by Law No. 238-FZ, the federal body in the relevant sector of the economy should prepare amendments to the Labor Code in terms of introducing features for regulating the labor of workers whose job requirements are determined in Law No. 238-FZ.

Note: the provisions of Law No. 238-FZ do not apply to civil servants and citizens applying for civil service positions.

About the creation of a CSC

For your information: according to Order of the Ministry of Labor of the Russian Federation dated December 19, 2016 No. 759n “On approval of requirements for qualification assessment centers and the Procedure for selecting organizations to empower them to conduct an independent assessment of qualifications and termination of these powers” (hereinafter referred to as Order No. 759n) CSC is a legal entity that The council is empowered to conduct an independent assessment of qualifications.

Such powers cannot be vested in a legal entity that is and (or) whose founders include educational organizations, their unions (associations, associations).

The selection of organizations to be vested with powers for independent assessment of qualifications is carried out on the basis of an application from a legal entity to vest it with these powers and documents that are submitted to the Council for Professional Qualifications (hereinafter referred to as the Council). All necessary information on this issue is posted in the Register of Assessment Information and on the website of the Ministry of Labor.

For your information: council for professional qualifications is a governing body vested in accordance with Law No. 238-FZ with the authority to organize an independent assessment of qualifications for a certain type of professional activity (Article 2 of Law No. 238-FZ).

The Council sends a decision to the applicant organization on the results of consideration of the application and the granting of powers or refusal to do so within 100 calendar days from the date of receipt of the documents.

Information about the CSC is generated by the Council and submitted to the National Agency for the Development of Qualifications for placement in the Register of Assessment Information no later than 5 calendar days after the Council makes a decision to grant the applicant organization the authority to conduct the assessment.

As for the requirements for members of the CSC expert commission, according to paragraphs. “c” clause 3 of the requirements for CSCs approved by Order No. 759n, they must have qualifications confirmed by the Council that meet the requirements defined in the assessment tool for conducting an independent qualification assessment.

According to Law No. 238-FZ and Order of the Ministry of Labor of the Russian Federation dated November 1, 2016 No. 601n “On approval of the Regulations on the development of assessment tools for conducting an independent assessment of qualifications,” assessment tools are a set of tasks, assessment criteria used by the CSC when conducting a professional examination for compliance with the applicant’s qualifications provisions of the professional standard or qualification requirements established by federal laws and other regulatory legal acts of the Russian Federation. Assessment tools contain a description of the logistics and staffing of assessment activities, including staffing requirements for conducting a professional examination. The development of assessment tools is organized by the Council.

To inform citizens, employers and other interested organizations, it is envisaged to maintain a Register of Assessment Information, which will contain information about councils, CSCs, a list of names of qualifications and provisions of professional standards for compliance with which qualifications are assessed, information about assessment tools. The information contained in the register is open for viewing by citizens and organizations, with the exception of personal data. Access for citizens and organizations to the Register of Assessment Information is free and is provided by the National Agency for the Development of Qualifications using the Internet.

To summarize what the Ministry of Labor said, it can be noted once again that an independent assessment is a voluntary exercise. So far, no one can force either employers or employees to carry it out (pass it). And even if it was carried out, it will not be possible to use the results of the assessment to confirm the employee’s suitability for the position held and to dismiss him.

However, the stakes for this procedure are high. Officials are confident that passing a qualification assessment will simplify the employment process and that employees themselves will be interested in maintaining a high level of their knowledge, skills, etc. throughout their entire career. And first of all, organizations that are required to apply professional standards and public sector institutions will begin to conduct independent assessments.

During the transition period, until 2019, most likely, changes and additions will still be made to the regulatory framework, new professional standards will be approved and new CSCs will be created, since at the moment there are clearly not enough of them.

professional standards of SRO appraisers employment contract

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