Article 1. Subject of regulation of this Federal Law

1. The subject of regulation of this Federal Law is relations arising from an independent assessment of the qualifications of employees or persons applying for a certain type of labor activity.

2. This Federal Law establishes the legal and organizational framework and procedure for an independent assessment of the qualifications of employees 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 employees 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 the Labor Code of the Russian Federation defines the specifics of labor regulation of such employees. , including in connection with the performance of work with harmful and (or) hazardous working conditions.

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

Article 2. Basic concepts used in this Federal Law

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

1) the national agency for the development of qualifications is an autonomous non-profit organization created in order to ensure 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 carried out by federal bodies the executive branch, 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) an independent assessment of the qualifications of employees or persons applying for a certain type of labor activity (hereinafter referred to as an independent assessment of qualifications) - the procedure for confirming the compliance of an 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 referred to as qualification requirements) carried out by the qualifications 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 the centers for assessing qualifications during the professional examination;

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

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

7) an applicant - an employee or a person applying for a certain type of labor activity, who applied, including on the employer's referral, to the qualifications assessment center to confirm their qualifications in the manner prescribed by this Federal Law;

8) qualifications assessment center - a legal entity carrying out activities in accordance with this Federal Law to conduct an independent assessment of qualifications.

Article 3. Participants in the system of independent assessment of qualifications

The participants in the independent qualification assessment system are:

1) the national council;

2) the national agency for the development of qualifications;

3) advice on professional qualifications;

4) centers for the assessment of qualifications;

5) employers;

6) applicants;

7) the federal executive body responsible for the development and implementation of 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 examination by the qualifications assessment center in the manner established by the Government of the Russian Federation.

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

3. To pass the professional exam, a written application of the applicant according to the established model, 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, is submitted to the qualifications assessment center other identity document, as well as other documents necessary for the applicant to pass a professional exam for the relevant qualifications, information about which is contained in the register.

4. Based on the results of passing the professional exam, the qualifications assessment center will issue a certificate of qualifications to the applicant within thirty days, and in case of an unsatisfactory mark during the professional exam, a conclusion on the professional examination, including recommendations for the applicant. During this period, verification, processing and recognition of the results of an independent assessment of the applicant's qualifications by the professional qualifications council are carried out.

5. Information on the issued certificates of qualifications shall be entered by the national agency for the development of qualifications in the register.

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 qualifications 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 prescribed by the regulation on the appeal commission for the consideration of complaints related to the results of the professional examination and the issuance of a certificate of qualifications, has the right to submit a written complaint to the appeal commission of the professional qualifications council.

Article 5. National Council

1. The 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 assessment of qualifications is carried out by the national council ...

2. The national council includes representatives of state authorities of the Russian Federation, all-Russian and other associations of employers, all-Russian trade unions (their unions), 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 the regulatory legal acts of the Russian Federation on the issues of independent assessment of qualifications is carried out after the consideration and approval of these acts by the national council.

Article 6. National Agency for Qualifications Development

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 qualifications assessment centers;

2) prepares proposals for the national council on empowering 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) on the basis of proposals from the councils for professional qualifications, approves the names of qualifications and requirements for qualifications, for compliance with which an independent assessment of qualifications is carried out, indicating the validity periods of certificates of qualifications and documents required for the applicant to pass a professional examination, after the approval of these proposals by the national council, submits the information contained in these documents in the register;

5) informs and advises the participants of the independent qualification assessment system on the issues of its implementation in accordance with this Federal Law;

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

Article 7. Vocational Qualifications Council

1. The Council for Professional Qualifications is created by decision of the National Council to conduct an independent assessment of qualifications for a specific 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 empowered 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 Vocational Qualifications, in order to carry out its activities, develops a regulation on the basis of the approximate regulation on the Council for Vocational Qualifications and approves it.

4. Council for vocational qualifications for a specific type of professional activity:

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

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 conduct an independent assessment of qualifications, indicating the validity period of certificates of qualifications and documents required for the applicant to pass a professional exam for the relevant qualification;

3) selects organizations to perform the functions of qualifications assessment centers, empowers them to conduct an independent assessment of qualifications and send information on the decision taken to the national agency for the development of qualifications to be entered into the register;

4) determines for each center for the assessment of qualifications 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 entry into the register;

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

6) decides on the termination of the powers of the centers for the assessment of qualifications and sends to the national agency for the development of qualifications information on the decision taken for its entry into the register;

7) verifies, processes and recognizes the results of an independent assessment of qualifications, decides on the issuance of certificates of qualifications by the qualifications assessment center and sends information on the issued certificates of qualifications to the national agency for the development of qualifications for entry into the register;

8) conducts an independent assessment of qualifications by the decision of the national council;

9) creates an appeal commission for the consideration of complaints related to the results of the professional examination and the issuance of a certificate of qualifications, 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. Center for the assessment of qualifications

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

2. The Qualifications Assessment Center conducts professional examinations.

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

1) inconsistency of the activities of the qualifications assessment center with the established requirements;

2) repeated violation by the qualifications assessment center of the procedure for conducting professional examinations;

3) the submission of deliberately false information by the qualifications assessment center during the selection process and empowering it to conduct an independent assessment of qualifications, monitor its activities or control it;

4) receipt from a legal entity of an application to terminate, on its own initiative, the exercise of the powers of the qualifications 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 exercise of 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 by the national qualifications development agency from the register no later than five working days from the date of the decision by the professional qualifications council to terminate the said powers.

5. In the event that a legal entity terminates the exercise of the powers of the qualifications assessment center, the Vocational Qualifications Council shall ensure the fulfillment of unfulfilled obligations to applicants in respect of whom the independent assessment of qualifications procedure has not been completed.

6. Financial support for the activities of the qualifications 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 shall exercise the following powers:

1) approve the approximate regulation on the professional qualifications council and the procedure for vesting the professional qualifications council with the authority to organize an independent assessment of qualifications for a specific type of professional activity and terminate 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 of the certificate of qualification, as well as the form of the conclusion on passing the professional exam;

3) approves a sample application for conducting 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 the centers for the assessment of qualifications and the procedure for selecting organizations to empower them to conduct an independent assessment of qualifications and terminate these powers;

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

6) approve the regulation on the development of the names of qualifications and requirements for qualifications, 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 regulation on the development of assessment tools for conducting an independent assessment of qualifications;

8) approves the procedure for the formation and maintenance of the register, the list of information contained in the register, and the procedure for accessing them;

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

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

Article 10. Information support for independent assessment of qualifications

1. In order to ensure the conduct of 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 in terms of issues related to the development of qualifications;

2) information on vocational qualifications councils and qualifications assessment centers;

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

4) information on the issued certificates of qualification;

5) a list of the official websites of the national council, the national agency for the development of qualifications, councils for professional qualifications and centers for assessing qualifications in the information and telecommunications network "Internet";

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

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

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

4. The National Agency for the Development of Qualifications, councils for professional qualifications and centers for the assessment of qualifications form public information resources containing information about their activities, and provide access to these resources through the use of official sites in the information and telecommunications network "Internet", the list of which is contained in the register ...

Article 11. Transitional provisions

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

Article 12. Entry into force of this Federal Law

President of Russian Federation

Since January 1, 2017, the Law “On Independent Qualification Assessment” has been in effect. It is important to know the personnel officer, as well as the lawyer, accountant and managers about its content and purpose. This law regulates the procedure for an independent assessment of an employee or a job seeker for a position in terms of whether a person's qualifications correspond to the work that he does or for which he applies. It is important to understand what this new procedure is, who and in what case to send it, whether it is obligatory to do it or not, and what legal consequences the passage of this independent assessment entails for the employer and the employee. Answers to these questions in the Hot Topic.

What is an independent assessment of the qualifications of workers

Law of 03.07.2016 No. 238-FZ regulates the conduct of an independent assessment of the qualifications of employees or persons applying for a certain type of labor activity.

What is an independent assessment of qualifications

This is a procedure during which it is checked whether the qualifications of an employee or a potential employee (in the law they use the general term “applicant”) to a professional standard or qualification requirements that are established by federal laws and other regulatory legal acts (clause 3 of Art. 2 Law No. 238-FZ).

On whose initiative it is carried out

Several options (part 2 of article 4 of Law No. 238-FZ):

at the initiative of the applicant at the expense of the applicant;
in the direction of the employer at the expense of the employer;
on the initiative and at the expense of other individuals and legal entities;
in the manner prescribed by labor legislation.

Who conducts it and in what form

It is carried out by qualification assessment centers (legal entities) in the form of a professional exam (clause 8 of article 2 of Law No. 238-FZ).

Who coordinates the activities of the centers

The structure of the bodies providing and controlling the activities of the centers includes:

National Council for the Development of Qualifications under the President of the Russian Federation;
National Agency for Qualifications Development;
Advice on vocational qualifications for specific occupations;
Ministry of Labor of the Russian Federation.

What can be the result of the exam

2 options:

successfully - then a certificate of qualification is issued. It is entered by the national qualifications development agency in a special register. Access to it is open and free.
unsuccessful - in this case, a conclusion on passing the exam with recommendations for the applicant is issued.

If the applicant does not agree with the results, he has the right to appeal them.

Are there any cases of mandatory passing of such an assessment

No, such cases are not provided for by the Labor Code of the Russian Federation and Law No. 238-FZ. The procedure for an independent assessment of qualifications is entirely voluntary and is carried out only with the consent of the applicant himself.

Federal Law of 03.07.2016 No. 238-FZ "On independent assessment of qualifications". . Entered into force on 01.01.2017

Editorial note:

Currently, there are 11 centers for the assessment of qualifications in the country, of which 3 are engaged in the assessment of the qualifications of accountants. It is planned that by the end of 2017 there will be 30 centers for the assessment of qualifications.

In addition to this law, more than a dozen normative documents have already been issued related to this topic. The entire legal framework governing an independent assessment of qualifications does not today include the following documents.

Table: "Legal and regulatory framework governing the independent assessment of qualifications"

P / p No.	Federal laws
1	Federal Law of 03.07.2016 No. 238-FZ "On independent assessment of qualifications"
2	Federal Law of 03.07.2016 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 the Independent Assessment of Qualifications "
	Presidential decrees
3	Decree of the President of the Russian Federation of April 16, 2014 No. 249 (as amended on December 18, 2016) "On the National Council for Professional Qualifications under the President of the Russian Federation"
	Government Decisions
4	Decree of the Government of the Russian Federation of November 16, 2016 No. 1204 "On Approval of the Rules for an Independent Assessment of Qualifications in the Form of a Professional Exam by the Qualifications Assessment Center"
5	Order of the Government of the Russian Federation of 09/29/2016 No. 2042-r (On the center for vocational training, retraining and advanced training of workers)
	Orders of the Ministry of Labor
6	Order of the Ministry of Labor of the Russian Federation of November 15, 2016 No. 649n "On approval of the Procedure for the formation and maintenance of the register of information on the conduct of an independent assessment of qualifications and access to them, as well as the list of information contained in the specified register"
7	Order of the Ministry of Labor of the Russian Federation of December 1, 2016 No. 701n "On Approval of the Regulation on the Appeal Commission for the Consideration of Complaints Related to the Results of Passing a Professional Exam and Issuing a Certificate of Qualification"
8	Order of the Ministry of Labor of the Russian Federation of December 2, 2016 No. 706n "On approval of a sample application for an independent assessment of qualifications and the Procedure for submitting such an application"
9	Order of the Ministry of Labor of the Russian Federation of 12.12.2016 No. 725n "On approval of the form of the certificate of qualification and annex to it, 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"
10	Order of the Ministry of Labor of the Russian Federation of 12.12.2016 No. 726n "On approval of the regulation on the development of names of qualifications and requirements for qualifications, for compliance with which an independent qualification assessment is carried out"
11	Order of the Ministry of Labor of the Russian Federation of December 14, 2016 No. 729n "On approval of the Procedure for monitoring and control in the field of independent assessment of qualifications"
12	Order of the Ministry of Labor of the Russian Federation of December 19, 2016 No. 758n "On Approval of the Model Regulations on the Council for Professional Qualifications and the Procedure for vesting the Council on Professional Qualifications with the authority to organize an independent assessment of qualifications for a specific type of professional activity and terminate these powers"
13	Order of the Ministry of Labor of the Russian Federation of December 19, 2016 No. 759n "On approval of requirements for centers for the assessment of qualifications and the Procedure for selecting organizations to empower them to conduct an independent assessment of qualifications and terminate these powers"

Scheme: "The system of independent assessment of qualifications"

Rules for conducting an independent assessment of qualifications

The rules for conducting an independent assessment of qualifications in the form of a professional examination are as follows.

1. Pay for the exam.

The person at whose expense the exam is conducted (applicant, employer or other person) pays for the examination services on the basis of a contract for the provision of paid services concluded between him and the qualifications assessment center.

2. Submit documents.

A set of documents, including:

application for the examination. It must indicate the qualifications for which the applicant wants to pass the exam and consent to the processing of personal data;
a copy of the passport or other identity document of the applicant;
other documents required for passing the exam for the relevant qualifications, information about which is contained in the register of information for conducting an independent assessment of qualifications.

3. Agree on the time.

The qualifications assessment center, within 10 calendar days after receiving the set of documents, agrees with the applicant on the date, place and time of the exam, and also informs the applicant about how the exam will be held. If it is carried out by the employer, the qualifications assessment center coordinates the date, place and time with the employer.

4. Pass the exam.

The exam is conducted in accordance with assessment tools (a set of tasks and assessment criteria) to conduct an independent assessment of qualifications for the relevant qualifications, approved by the Council for Professional Qualifications.

5. Get the document.

The exam is considered successful if the applicant achieves a result that meets the assessment criteria.

The results of the exam are recorded in the protocol of the expert commission. The qualifications assessment center within 7 calendar days sends the protocol to the professional qualifications council. The Council, within 14 calendar days, makes a decision to issue to the applicant (either-or):

certificates of qualification (if the exam is passed);
conclusions on the passage of the professional exam (if the exam has not been passed).

In both cases, information about the examination result is sent to the “register of information on the conduct of an independent qualification assessment”.

The Qualifications Assessment Center, based on the decision of the Council, issues the relevant document to the applicant. The deadline for its issuance is 30 calendar days after the completion of the exam.

Resolution of the Government of the Russian Federation of November 16, 2016 No. 1204 "On approval of the Rules for an independent assessment of qualifications in the form of a professional examination by the qualifications assessment center". The document is included in the ATP "Consultant Plus". Entered into force on 01.01.2017. Official Internet portal of legal information, 22.11.2016

Approved by:

sample application for an independent assessment of qualifications;
the order of its submission.

Sample application for an independent assessment of qualifications

Order of the Ministry of Labor of the Russian Federation dated 02.12.2016 No. 706n "On approval of a sample application for an independent assessment of qualifications and the Procedure for submitting such an application". The document is included in the ATP "Consultant Plus" . Entered into force on 01.01.2017. Official Internet portal of legal information, 11/21/2016.

Sample certificate of qualification

Approved by:

the form of the certificate of qualification and its annex;
technical requirements for this form;
The procedure for filling out the form and issuing its duplicate;
the form of the conclusion on the passage of the professional exam.

Form of certificate of qualification

Order of the Ministry of Labor of the Russian Federation of 12.12.2016 No. 725n "On approval of the form of the certificate of qualification and its annex, 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". The document is included in the ATP "Consultant Plus". Entered into force on January 10, 2017. Official Internet portal of legal information, 12/30/2016.

The payment for an independent assessment of qualifications can be taken into account in the expenses for the general taxation system, the simplified taxation system and the unified agricultural tax

The procedure for taxation of costs for services for an independent assessment of employee qualifications has been established.

The procedure depends on who pays for these services: the employer or the employee.

The employer pays the costs

In this case, the cost of services is taken into account when calculating income tax, a single tax under the simplified taxation system (USN) and is not subject to personal income tax.

In order for the costs to participate in taxation, certain conditions must be met:

conclude an agreement with the independent appraisal center for the provision of independent appraisal services;
the employee must have worked in the company under an employment contract for at least 1 year;
documents on the costs of passing the assessment must be kept for at least 4 years.

The costs are borne by the employee

If the employee himself pays for an independent assessment of qualifications, then he is entitled to the amount paid (the maximum amount of such a deduction is 120 thousand rubles per year, taking into account deductions for treatment, training, etc.).

Federal Law dated 03.07.2016 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 the Independent Assessment of Qualifications ". The document is included in the ATP "Consultant Plus". Entered into force on 01.01.2017. Official Internet portal of legal information, 04.07.2016.

Editorial note:

As for the cost of an independent assessment, it varies depending on qualifications, from several thousand to several tens of thousands of rubles. For example, the exam for the qualifications "Chief" and "Accountant" in any assessment center is 19 thousand rubles.

When an independent assessment of qualifications may be needed by an employer and an employee

Independent assessment of qualifications is voluntary. Therefore, a logical question arises: who may need it and why? What is its value? Let's try to answer these questions from the point of view of the employee and the employer by simulating different situations.

For the employer

In the course of an independent assessment of qualifications, a person is assessed for whether he meets the requirements of the professional standard. In this regard, it is appropriate to recall that some of the professional standards are mandatory for use by some organizations. For example, the professional standard "accountant" is mandatory for chief accountants of PJSC. Therefore, such a society can hire a person for this position, provided that he meets the professional standard. Otherwise, the company may be fined in the amount of 30 to 50 thousand rubles (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The company itself can determine whether the applicant meets this standard or not. But he can apply for this to the center for the assessment of qualifications and receive a certificate of qualifications of the applicant for the position. Then she will be sure that the new chief accountant is legally hired. In this situation, keeping in mind the penalty is important.

These same motives can drive a firm when hiring other employees. The only difference is that if the company decides not to resort to an independent assessment and evaluate the candidate on its own, it will bear the responsibility for making this decision on its own, no one will be fined for this.

On the question of whether it is possible to use the results of an independent assessment of qualifications as a pretext for parting with an incompetent employee, the answer is no. The Labor Code does not provide for this. For these purposes, a different procedure was and remains in it - certification (clause 3, part 1 of article 81 of the Labor Code of the Russian Federation), which is carried out by an attestation commission created within the company. Therefore, the negative results of an independent assessment of qualifications (when a “conclusion” rather than a “certificate” is issued) carried out by one of the qualification assessment centers cannot be a reason for dismissal.

To the employee

Potential employee

He may be interested in an independent assessment of qualifications if he wants to prevent a potential employer from doubting his ability to perform a certain job. For example, it may be a girl who has not worked for the last few years, because at first she was on maternity leave, then stayed a few more in the status of a housewife, and then decided to get a job again. In this case, despite the fact that she has a diploma of education and work experience, employers will certainly doubt her competence today. Then the obtained certificate of qualification can just help out.

Or another example - after graduation, a person worked only as a freelancer, and unofficially. And if he can still document the level of education, then with regard to the experience with this, there are difficulties. In this case, the certificate of qualification is also able to convince the representatives of the personnel department of the employer that this person is capable of performing the work for which he applies.

Current employee

For real employees, a certificate of qualification can help to advance in the profession and increase the chances of a pay rise. Perhaps the certificate will help to obtain the employer's admission to certain types of work, competitions, participation in contracts, etc.

In addition, an independent assessment of qualifications may be required in anticipation of dismissal. For example, when a company plans to part with an employee due to staff redundancy or because of his inadequacy for the position.

With regard to staff reduction, if the company resorts to this procedure, those who are the most qualified will receive the priority right to stay at work (Article 179 of the Labor Code of the Russian Federation). This is where a certificate of qualification can come in handy. True, you need to understand that this paper in itself will not give any guarantees against dismissal. The organization has the right to decide for itself which of the employees, in its opinion, is more qualified. After all, the criteria for qualifying an employee are the level of education and practical work experience. Based on them, the employer has the right to independently decide whom to leave (Definition of the Constitutional Court of the Russian Federation of 12/18/2007 No. 867-О-О). However, a certificate of qualification can be taken into account.

As for such grounds for dismissal as inconsistency with the position held, then, as already mentioned above, the Labor Code of the Russian Federation requires confirmation of the insufficient qualifications of an employee with the results of certification, and not an independent assessment of qualifications. These are different procedures. Therefore, having a certificate of qualification in hand, you can refer to it in front of the employer, but it is still impossible to consider this document as protection against dismissal.

Article Prokazin E.A.,
expert editor of the magazines "Vremya Accountant", "Vremya Yurista"
"To whom and when may need an independent assessment of qualifications"

The concepts of the professional standard and qualifications of an employee are defined in Article 195.1 of Part III of the Labor Code. So, the first is a set of professional requirements for an applicant for a specific position. The second is the body of knowledge and skills possessed by a specialist.

The system of independent assessment of qualifications has replaced the procedure for certification of employees. The talks about the transition to the NOC have been going on for several years in parallel with the development of professional standards for various sectors of economic activity. The peculiarity of the system, as it becomes clear from the name, is its independence. The employer delegates the authority to conduct an assessment of the professional qualities of his employee to a third party. It is also beneficial for the employee himself, who has received the opportunity to confirm his own professional knowledge, skills and qualities in a general manner, regardless of his superiors.

Basic provisions of 238 FZ

Federal Law "On Independent Qualification Assessment" N 238-FZ was adopted on July 3, 2016, having entered into force on 01.01.2017. The law is laconic - its structure consists of only 12 articles.

The effect of the provisions of the so-called. The "qualifications attestation law" applies to both jobseekers (candidates for a vacant position) and existing employees. The latter can be sent by the employer to the assessment center to confirm their professional level. However, the law does not apply to candidates for positions in government services, current civil servants and other categories of workers for whom Russian labor legislation provides for a different procedure for confirming professional qualities.

Read the main provisions of the Federal Law No. 135

According to Art. 3, the participants in the independent qualification assessment system include:

National Council- an advisory body operating under the President of the Russian Federation, which is responsible for the development of the level of professional training in our country;
National Agency for the Development of Qualifications- an independent non-profit organization, the founders of which are all-Russian organizations of employers, associations of trade unions of the country and the state itself, on behalf of which, on behalf of the Government, are the Ministry of Labor and the Ministry of Education and Science of the Russian Federation;
Professional qualifications tips- bodies performing functions of organizing and monitoring the activities of assessment centers within a certain area of professional activity;
In turn, qualification assessment centers- these are legal entities directly carrying out activities to assess professional skills, qualities and knowledge by conducting an exam;
Employers and job seekers;
Ministry of Labor of the Russian Federation- as an executive body that carries out functions for the development and implementation of state policy and legal regulation in the field of labor activities of the population.

Independent assessment is a paid procedure carried out at the expense of the person being assessed or the employer who sent him to the center. It is conducted in the format of an exam according to the rules approved by the Russian government.

Within a month from the date of passing the exam, the person must be issued a certificate confirming the level of qualification. The long term is due to the need to process and recognize the assessment results by the Council for Professional Qualifications. After the certificate is issued, information about it is entered into a single profile register.

If the results of the procedure for assessing and confirming professional knowledge turned out to be unsatisfactory, the person is issued an opinion with recommendations on the knowledge in which area he needs to urgently “tighten”. A customer who does not agree with the decision of the center, within a month from the moment of informing about the results, can send an appeal to the special commission of the council.

Article 10 of the law stipulates that the qualification confirmation process should be as open as possible at all stages. The register maintained by the NARK is freely available on the Internet. It includes:

Information on the directions of work of the national council and the qualifications development agency;
Information about the powers and activities of professional qualification councils;
About the assessment centers and the profile through which the NOC can be passed;
Contacts of all listed services;
Information on the requirements for persons wishing to pass an examination to confirm qualifications, including a list of documents, an indication of the validity period of certificates, etc.;
A database with all certificates ever issued (personal data of citizens are not in the public domain.

Also, the law obliges the participants of the system to create official pages or sites on the Internet, informing about their activities.

What changes have been made?

Federal Law No. 30 was adopted by the Russian legislator relatively recently - in July 2016, while the act came into force only on January 1, 2017. Today the document exists in its original version. Changes to the text of the law have not yet been made, since a sufficient amount of practice of applying the provisions of the law has not yet been developed in the country.

In connection with the adoption of Law 30-FZ, on the day of its publication, a law was issued on amending the Labor Code of the Russian Federation.

The new edition was set out article 187 on guarantees and compensations for employees sent by the employer to prof. training, additional professional education and an independent assessment.

So, if a person was sent to confirm qualifications by an organization or an enterprise, the day of passing the exam must be paid by the employer in accordance with the average salary for a specific position. If an employee was sent to another city to pass the assessment, he is entitled to a travel allowance.

Also, changes were made to certain provisions articles 196 on the rights and obligations of the employer for training and additional prof. education of employees, in the direction of confirmation of qualifications and article 197 about the employee's rights arising in connection with this.

Download the law on independent assessment of qualifications

The decline in the quality of vocational education in Russia, which has occurred over the past several decades, has led to the need to adopt a law on qualifications assessment and to create a system in the country for an independent examination of professional skills and knowledge of specialists in terms of their compliance with the requirements of the occupied or vacant position.

Ministry of Labor - on independent assessment of qualifications
To begin with, we recall that according to clause 3 of part 1 of Art. 2 of the Federal Law of 03.07.2016 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 a potential employee (hereinafter referred to as an applicant) correspond to a professional standard or qualification requirements that are established by federal laws and other regulatory legal acts.

According to clause 7, part 1 of 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 through the employer's referral, to the qualifications assessment center (hereinafter referred to as the CSC) to confirm his qualifications in the manner prescribed by Law No. 238-FZ ... Employers are concerned about 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 his Art. 197 employees are eligible for an independent qualification assessment. According to Part 1 of Art. The employer determines the need to send employees to such an assessment for their own needs. That is, the applicant can apply to the CSC for an independent assessment on his own, or he can be directed by the employer.

The Ministry of Labor answers this question as follows: the assessment of qualifications 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, for the period when employees pass the assessment, the employer must provide them with some guarantees and compensation. In particular, in accordance with Art. 187 of the Labor Code of the Russian Federation:

payment for passing 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 the main place of work;

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

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

How long are the results of the independent evaluation?

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?

Recall that an independent assessment is carried out by the CSC in the form of a professional exam in the manner determined by the Resolution of the Government of the Russian Federation of November 16, 2016 No. 1204 "On approval of the Rules for an independent assessment of qualifications in the form of a professional exam" by the qualifications assessment center (hereinafter - Resolution No. 1204). The examination is carried out using the means for conducting an independent assessment of qualifications for the relevant qualifications, approved by the vocational qualifications council.

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

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

How much does an independent appraisal service cost?

As established by Law No. 238-FZ, if the 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 individuals and (or)

2. In the direction of the employer - at the expense of his funds.

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 conducted and the CSC. When asked about the cost of services according to an independent assessment, 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 qualifications of an applicant for each qualification, carried out by 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 for in case of expenses for passing a qualification assessment (the list of grounds for tax deductions is expanding, and the total amount of deductions for all reasons does not increase) (Article 219 of the Tax Code of the Russian Federation).

With regard to benefits for employers, Art. 264 of the Tax Code of the Russian Federation stipulates: the expenses of employers for assessing qualifications are related to other expenses that are associated with the production and sale of goods (works, 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 an independent appraisal concluded with the CSC, and an employment contract with an employee undergoing this appraisal.

How are the results of the peer review applied?

As the Ministry of Labor has already noted, the assessment of qualifications 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 when passing the exam (in contrast to the certification provided for by Article 81 of the Labor Code of the Russian Federation).

For your information: certification is a test of the professional level of an employee to establish the compliance of his qualifications with the position held or the work performed by him. In this case, the employment contract may be terminated by the employer if the employee does not match the position held or the work performed due to insufficient qualifications, confirmed by the results of certification (clause 3, part 1 of 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 employees (part 2 of article 81).

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

upon successful completion of the exam, a citizen can present his / her certificate of qualifications 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 training for employees, their inclusion in the personnel reserve, etc.;

qualification assessment enables a person who does not have professional education, but has work experience, to feel more confident in the labor market, to 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 about this will tell him and the employer what knowledge and skills must be acquired in order to successfully pass the professional exam in the future.

If the organization provides for certification

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

And this is what the Ministry of Labor responds to this. In accordance with paragraph 3 of Art. 1 of Law No. 238-FZ, a different procedure for assessing the qualifications of employees 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 the Labor Code defines the specifics of labor regulation in relation to the relevant categories of employees, including in connection with the performance of work in harmful and (or) dangerous conditions.

For your information: features of labor regulation in the Labor Code are established, in particular, for pedagogical and scientific, and creative workers, and coaches. At the same time, other federal laws and regulations for the purpose of confirming qualifications and compliance with the positions held have established certification for pedagogical, scientific and medical workers, workers of cultural and art institutions.

If it is necessary to establish a different procedure for assessing the qualifications of employees (certification, etc.) than the one 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 of labor regulation of employees, the requirements for positions 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 positions in the civil service.

About creating a CSC

For your information: according to the Order of the Ministry of Labor of the Russian Federation of December 19, 2016 No. 759n "On approval of the requirements for centers for the assessment of qualifications and the Procedure for selecting organizations to empower them to conduct an independent assessment of qualifications and terminate these powers" (hereinafter - Order No. 759n) CSC is a legal entity that empowered by the council 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 empowered for an independent assessment of qualifications is carried out on the basis of an application by a legal entity to endow it with these powers and documents that are submitted to the Council for Professional Qualifications (hereinafter referred to as the Council). All the necessary information on this issue is posted in the Register of information about the assessment and on the website of the Ministry of Labor.

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

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

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

As for the requirements for the members of the expert commission of the CSC, in accordance with paragraphs. "In" clause 3 of the requirements for CSC, approved by Order No. 759n, they must have a qualification confirmed by the Council that meets the requirements defined in the evaluation tool for conducting an independent qualification assessment.

According to Law No. 238-FZ and Order of the Ministry of Labor of the Russian Federation of November 1, 2016 No. 601n "On Approval of the Regulation on the Development of Assessment Tools for Conducting an Independent Assessment of Qualifications" the provisions of the professional standard or qualification requirements established by federal laws and other regulatory legal acts of the Russian Federation. Evaluation tools contain a description of the logistics and staffing of the evaluation activities, including the requirements for staffing for the 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 the Register of information about the assessment, 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 of citizens and organizations to the Assessment Information Register is free and provided by the National Agency for the Development of Qualifications using the Internet.

Summing up what was said by the Ministry of Labor, it can be noted once again that an independent assessment is a voluntary event. So far, no one can force either employers or employees to carry out (pass) it. And even if it was carried out, then it will not work to use the results of the assessment in order to confirm the employee's suitability for the position held and his dismissal.

However, the stakes are high for this procedure. The officials are confident that passing the qualification assessment will simplify the employment process and that the workers themselves will be interested in maintaining a high level of their knowledge, skills, etc. throughout their work activities. And first of all, organizations in which professional standards are mandatory and public sector institutions will begin to conduct an independent assessment.

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

professional standards of self-regulating organizations of appraisers labor contract