Job description of professional standard programmer engineer. For which organizations is a professional standard programmer required? The labor process of a computer operator includes

Job description
Programmer
Job descriptions taking into account professional standards 2016-2017

Sample job description for a programmer

A sample job description is compiled taking into account the professional standard Programmer

1. General Provisions

1.1. A programmer belongs to the category of specialists.

1.2. A person who has:

1) secondary vocational education;

2) advanced training;

3) practical experience in the field of software development for at least 6 months.

1.3. The programmer must know:

1) methods for automatic and automated testing of software functionality;

2) main types of diagnostic data and methods of their presentation;

3) languages, utilities and programming environments, and tools for batch execution of procedures;

4) typical software metrics;

5) basic methods for measuring and assessing software characteristics;

6) methods for creating and documenting test cases and test data sets;

7) rules, algorithms and technologies for creating test data sets;

8) requirements for the structure and storage formats of test data sets;

9) methods and means of checking the functionality of software;

10) environment for testing the functionality and debugging of software;

11) internal regulatory documents regulating the procedure for documenting the results of testing the functionality of the software;

12) methods and means of refactoring and optimization of program code;

13) programming languages ​​and development environments;

14) internal regulatory documents regulating the requirements for program code, the procedure for reflecting changes in the version control system;

15) internal regulatory documents regulating the procedure for reflecting the results of refactoring and optimization in the collective knowledge base;

16) methods and techniques for debugging program code;

17) typical errors that occur during software development, and methods for diagnosing and correcting them;

18) Internal labor regulations;

19) labor protection requirements and fire safety rules;

20) ……… (other requirements for necessary knowledge)

1.4. The programmer must be able to:

1) write program code for software functionality testing procedures in the selected programming language;

2) use the selected programming environment to develop procedures for testing the functionality of software in the selected programming language;

3) develop and design test cases to check the functionality of the software;

4) develop procedures for generating test data sets with specified characteristics;

5) prepare data sets used in the software performance testing process;

6) apply methods and means of checking the functionality of the software;

7) interpret diagnostic data (logs, protocols, etc.);

8) analyze the values ​​of the obtained software characteristics;

9) document the results of testing the functionality of the software;

10) apply methods and tools for refactoring and optimization;

11) use tools for collective work on program code;

12) publish the results of refactoring and optimization in a collective knowledge base in the form of best practices;

13) use a version control system to register changes made;

14) apply methods and techniques for debugging defective program code;

15) interpret error messages, warnings, and technological log entries that occur when executing defective code;

16) ……… (other skills and abilities)

1.5. The programmer in his activities is guided by:

1) ……… (name of the constituent document)

2) Regulations on ……… (name of structural unit)

3) this job description;

4) ……… (names of local regulations governing

labor functions by position)

1.6. The programmer reports directly to ……… (job title

manager)

1.7. ……… (other general provisions)

2. Labor functions

2.1. Checking functionality and refactoring software code:

1) development of procedures for testing the functionality and measuring software characteristics;

2) development of test data sets;

3) checking the functionality of the software;

4) refactoring and optimization of program code;

5) correction of defects recorded in the defect database.

2.2. ……… (other functions)

3. Job responsibilities

3.1. The programmer performs the following responsibilities:

3.1.1. As part of the labor function, development of procedures for testing the functionality and measuring software characteristics:

1) develops procedures:

Checking the functionality of the software;

Collection of diagnostic data;

Measurement of required software characteristics;

3.1.2. As part of the labor function, development of test data sets:

1) prepares test data sets in accordance with the selected methodology;

2) evaluates and agrees on deadlines for completing assigned tasks.

3.1.3. As part of the job function, checking the functionality of the software:

1) checks the functionality of the software based on the developed test data sets;

2) evaluates the compliance of the software with the required characteristics;

3) collects and analyzes the results of testing the functionality of the software;

3.1.4. As part of the labor function, refactoring and optimization of program code:

1) analyzes the program code for compliance with readability and performance requirements;

2) makes changes to the program code and checks its functionality;

3) evaluates and agrees on deadlines for completing assigned tasks.

3.1.5. As part of the labor function, correction of defects recorded in the defect database:

1) reproduces defects recorded in the defect database;

2) establishes the causes of defects;

3) makes changes to the program code to eliminate identified defects;

4) evaluates and agrees on deadlines for completing assigned tasks.

3.1.6. As part of the performance of his job functions, he carries out instructions from his immediate supervisor.

3.1.7. ……… (other duties)

3.2. ……… (other provisions on job responsibilities)

4. Rights

The programmer has the right:

4.1. Participate in discussions of draft decisions, in meetings on their preparation and implementation.

4.2. Request clarifications and clarifications from your immediate supervisor regarding these instructions and assigned tasks.

4.3. Request, on behalf of the immediate supervisor, and receive from other employees of the organization the necessary information and documents necessary to carry out the assignment.

4.4. Familiarize yourself with draft management decisions relating to the function he performs, with documents defining his rights and responsibilities for his position, and criteria for assessing the quality of performance of his labor functions.

4.5. Submit proposals for the organization of work within the framework of their labor functions for consideration by their immediate supervisor.

4.6. Participate in discussions of issues related to the duties performed.

4.7. ……… (other rights)

5. Responsibility

5.1. The programmer is held accountable:

For improper performance or failure to fulfill one’s job duties as provided for in this job description - in the manner established by the current labor legislation of the Russian Federation;

For offenses and crimes committed in the course of their activities - in the manner established by the current administrative, criminal and civil legislation of the Russian Federation;

For causing damage to the organization - in the manner established by the current labor legislation of the Russian Federation.

5.2. ……… (other liability provisions)

6. Final provisions

6.1. This job description has been developed on the basis of the Professional Standard “Programmer”, approved by Order of the Ministry of Labor and Social Protection of the Russian Federation dated November 18, 2013 N 679n, taking into account ……… (details of local regulations of the organization)

6.2. The employee is familiarized with this job description upon hiring (before signing the employment contract).

The fact that the employee has familiarized himself with this job description is confirmed by ……… (by signature on the familiarization sheet, which is an integral part of this instruction (in the journal of familiarization with job descriptions); in a copy of the job description kept by the employer; in another way)

6.3. ……… (other final provisions).

The activities of specialists involved in software development are regulated by professional standards. This document determines the required level of qualifications of the employee and characterizes the main labor actions within the profession of “programmer”.

Why do we need a professional standard?

A professional standard is a document that defines the set of knowledge, skills and abilities of a specialist necessary to achieve goals in the process of professional activity or a separate job function.

This document gives the employer a clear understanding of which employees to assign which functions, as well as establish the correct titles for their positions. The professional standard is developed by the Ministry of Labor, approved by the Ministry of Justice, and regulated by the Labor Code.

Is it necessary to apply

There is an opinion that professional standards are mandatory only for government organizations, but not for private companies. Articles 57, 195.1, 195.3 of the Labor Code of the Russian Federation indicate that the criteria contained in this document are established for all organizations and do not depend on the type of legal form.

The professional standard should not be perceived as a single monolithic requirement, mandatory in its entirety. This is a multi-structural document, it contains both mandatory and optional clauses.

The Ministry of Labor clarifies that several standards may apply to an employee, so it does not in any way infringe on the freedom of legal entities in planning the work process and creating job descriptions.

The set of criteria and rules described within the standard does not have the nature of a normative and mandatory requirement that forces the manager to change the job responsibilities of employees established at the enterprise.

In terms of mandatory requirements, we can only talk about two points of the professional standard:

1. The part that regulates qualification requirements.
2. Clauses establishing job titles.

If an employee’s work is associated with various restrictions or gives the right to receive benefits and compensation, then his position must be specified in the employment contract in the same way as in the professional standard.

Failure of an employee to meet professional standards does not give the employer the right to dismiss him. Dismissal is possible only if the certification results are poor or it is not possible to transfer the employee to another position in the company that matches his knowledge and skills. To improve qualifications to the level of professional standard, an employee may be offered specialized training.

The main purpose of this document is compare qualification requirements with each job function carried out by an employee within a certain profession, and also characterize the function itself.

Document structure

The standard for the profession “programmer” was put into effect by decision of the Ministry of Labor of the Russian Federation No. 679n dated November 18, 2013.

1. General information about the profession, types of activities, goals.
2. A list of general and private functions, the required level of qualifications for each of them.
3. A detailed description of all work processes and the knowledge and skills required for their implementation.
4. Information about the compilers of the standard.

Main responsibilities

The professional standard assigns several main types of actions to the programmer:

• writing code and diagnosing errors;
• code testing and redesign;
• combining individual modules, compliance with technical documentation regulations;
• determining program requirements;
• software architecture development.

Established requirements according to the document

The general work function of a programmer includes several types of activities defined by the corresponding positions. Each has its own requirements for a specialist.

Junior Specialist

For such work, a diploma of secondary specialized education is required. No professional experience required.

Programmer

A specialist of this level must have secondary specialized or higher education. Candidates who have worked in the field of software development for more than six months are appointed to this position.

The specialist needs to know:

• methods of automatic testing of programs;
• software diagnostic mechanisms;
• integrated development environments;
• methods for obtaining numerical values ​​of various software properties;
• organization of program evaluation;
• programming languages.

Senior

A mandatory requirement is to have a higher specialized education. The employee must have worked in this field for more than a year.

The specialist needs to know:

• methodology for combining modules and components;
• mechanisms for interaction between software and the user and equipment;
• software deployment processes;
• data processing methods;
• programming languages.

Leading

This position can be filled by professionals with 3 years or more of experience in programming. Higher education is required.

The specialist needs to know:

• functionality of the current software and hardware environment;
• basic development tools and their capabilities;
• methodology for designing and creating software;
• database creation technology.

Differences in specializations

The main differences are as follows:

• A software technician works with ready-made programs and performs certain tasks using them;
• a software engineer develops programs that are subsequently used by a technician;
• A computer operator is a kind of advanced PC user with more in-depth knowledge of specific programs used in a certain area.

Technician-programmer

A software engineer uses ready-made software in his work. With the help of it, he carries out technical tasks, processes all kinds of data, and ensures the proper operation of computing equipment.

He can participate in writing simple codes. His responsibilities also include: recording technical documents, monitoring the register of completed tasks, troubleshooting hardware problems.

Main functions:

• creation of data processing tools;
• transmission and storage of information;
• maintaining the functionality of the computer system;
• conducting settlement transactions;
• implementation of simple technical data processing processes.

Software engineer

A worker in this profession must have advanced knowledge in structured programming, understand types of software, and master all kinds of information processing techniques. The ability to understand formalized programming languages ​​and maintain technical documentation is a plus.

Main functions:

Computer's operator

A computer operator (electronic computer) is an employee who enters various types of data into a computer, processes it and stores it. This position may also be called “PC (personal computer) operator.”

To work in this position, it is not enough to be an advanced PC user. A specialist must have database management skills and be able to use different operating systems and programs. In addition, knowledge of record keeping principles and accounting basics is required.

The labor process of a computer operator includes:

• preparation of documents for the company's operating activities;
• copying documents;
• entering text data in compliance with the rules of the Russian language;
• filling out and maintaining the database;
• replying to emails;
• printing of documents;
• systematic accounting of work files;
• maintaining the functionality of computer equipment.

If you decide to connect your life with programming, the video will help you decide how to start from scratch.

A professional programmer standard has been developed for personnel involved in software development or debugging. It clearly states what the functional responsibilities of programmers are in an institution or company. In addition, the professional standard provides a complete list of criteria that must be met by an employee responsible for the performance of computer equipment.

Professional programmer standard: what is its content

The order of the Ministry of Labor of the Russian Federation dated November 18, 2013, number 679n, announced the basic working standards for programmers, allowing them to qualify their level and classify the list of functional responsibilities.

The regulatory document includes the following subsections:

• General information.
• Description of types of work.
• Analysis of functional responsibilities.
• Imprint about the developers.

In chapter General information the concept of the specifics of work is introduced, and the nature of economic activity is also listed. In addition, this section indicates the purpose pursued by the employee in this position.

In chapter Descriptions of speciesworks provides generalized information about the employee’s functionality. Each duty is described in as much detail as possible. Each skill level, according to the contents of this section, corresponds to a specific code.

In chapter Functional Responsibilities Analysis information about the programmer's responsibilities is expanded. And here is a detailed list of criteria for the position.

In chapter Outputdevelopers information about all persons who submitted the professional standard of a software engineer to the Ministry of Labor is reflected.

The professional standard provides grounds for the rational distribution of responsibilities between employees. In addition, with the help of this document, the distribution of functional responsibilities becomes more reasoned and logical.

The meticulous study of this issue by the Ministry’s employees is explained by the fact that currently software is of fundamental importance for the full-fledged conduct of business in a company and in any production.

Only a highly qualified specialist who meets the standard approved by the Ministry is able to eliminate software failures or generate a new program to optimize production or personnel tasks.

Thus, total management control over the performance of functionality by employees directly related to software maintenance is dictated by production needs.

Professional criteria applied, according to the professional standard of a programmer, to different positions

Any functional responsibility of a programmer must correspond to the list of job titles. Qualification criteria, according to this provision, are presented to someone specifically from the staff, but not to the position as a whole. This led to the fact that the professional standard defines its own functional responsibilities for different positions.

In particular, the list states the following:

1. Junior programmer (or software technician). When applying for this position, you must provide documentary evidence of your secondary vocational education. It is advisable to know the basics of programming and have computer literacy at the user level.
2. Programmer. Secondary vocational education is mandatory. Upon taking up a position, it is necessary to confirm professional experience for six months in the field of adjustment and software development.
3. Senior programmer (or software engineer). Secondary vocational education, which has documentary evidence, is mandatory, and presence in the profession must be at least 12 months.
4. Lead programmer (or lead software engineer). Must present a higher education diploma upon taking office. If present in a given professional industry, the experience must be calculated at three years.

Compliance with the listed criteria is mandatory for management when hiring employees.

Their functional responsibility will be to ensure the uninterrupted functioning of the software, the formation of communication systems and methods of storing corporate information. Therefore, the lack of proper experience or a document on specialized education is an indisputable circumstance for refusal to hire.

Information security - why is it so important to hire a competent programmer in accordance with professional standards

First of all, a programmer must be a comprehensively literate person. Proficiency in a profession means not only knowledge of the classical fundamentals studied in a vocational secondary or higher school.

Computer technologies are constantly being improved, specified, adapting to the realities of technical evolution. In this regard, the programmer is instructed to systematically monitor innovative technologies in this area and introduce them into the production process.

In addition, incoming global updates to existing software nodes must also be used and adapted to local professional conditions. Good qualifications are honed over the years. A competent programmer, without waiting for an official order from the administration, can independently study market proposals in this area, as well as changes in regulatory and regulatory decisions.

Particularly important is the high level of qualification of the programmer involved in performing work to ensure the information security of the company. Proprietary technologies, financial transactions, personal data of management and everything that constitutes a trade secret are the subject of active attention of competitors.

It is common knowledge that cloud technologies are gaining increasing popularity. They provide a certain comfort, but are distinguished by vulnerability. The database (including information on the movement of financial flows) requires high professional maintenance.

In addition, if the company’s profiling information is stored on hard drives, then data security can also only be ensured by a professional programmer who meets the criteria of the professional standard of a software engineer. They do not hire random people for this position, even if they know the basic programs.

Information security protection is half the success of a production or business. If this job function is entrusted to a person who is not competent or without the proper experience, then the information can not only be stolen, but also maliciously damaged.

Functional responsibilities of a programmer according to the professional standard

According to the professional standard for a software engineer, an employee responsible for software development is charged with four main job functions.

Based on them, the employee is responsible for:

• for examination of program code;
• for eliminating the slightest malfunctions in its functioning;
• for the development of new program code (if such a need arose in production);
• for the development of corporate requirements for software (these requirements must be specified for personnel at different levels);
• for software design.

According to the professional standard, an employee must be able to integrate software modules and carry out high-quality verification of the proposed product.

New products are constantly appearing on the digital technology market. In this regard, a qualified programmer must be able to update them.

Programmer's functional map

The map includes the following works:

Professional standard for working with personnel: unification and algorithmization

When hiring a programmer, the employer, in its own interests, must check whether the job applicant meets the qualification requirements. When drawing up the staffing table, the uniformity of requirements for all programmers is taken into account.

Developers of the professional standard programmer: 1C, MESI. The standard is recommended for use by employers and those responsible for personnel selection. This is a convenient HR policy tool. Its advantages are that it allows you to automate management processes. Its use makes job descriptions as clear and accessible as possible.

National Technological University (NTU) is an institution providing services in the field of additional vocational education on the basis of a License issued by the Moscow Department of Education. We invite you to come advanced training according to the professional standard of a programmer due to increasing state requirements for the qualifications of specialists in the field of communications, information and communication technologies.

Advanced training according to the professional standard of a programmer

Professional standard “Programmer” No. 4, approved by Order of the Ministry of Labor of the Russian Federation No. 679n dated November 18, 2013, establishes the qualifications necessary for professional activities. This document is registered with the Ministry of Justice of the Russian Federation under No. 30635 and published officially.

It is carried out on the basis of secondary vocational education in order to expand their professional capabilities. Training is divided into short-term, thematic and long-term. The most common forms of training are full-time, part-time and distance learning.

Training according to the professional standard of a programmer can be aimed at mastering:

methods and techniques for formalizing tasks;

languages ​​for formalizing functional specifications;

notations of software products for graphical display of algorithms;

algorithms for solving typical problems, areas and methods and applications, etc.

Based programmer professional standard Each specialist can outline for himself areas in which he needs to improve his knowledge. During the training process, students will become familiar with the practical aspects of information and communication technologies. We pay special attention to current problems and current trends in the development of this industry.

Today, employers should review the procedure for hiring new employees, employee certification and the content of job descriptions. From July 1, 2016, the labor inspectorate can legally issue fines if organizations do not apply professional standards approved by the Ministry of Labor of the Russian Federation in their work.

Advantages of studying at NTU and how to enroll programmers for advanced training

Advanced training for programmers carried out using modern educational technologies. You can sign up for training by contacting us by phone or using the special application form on this website. If necessary, you can visit the National Technological University in person and verify the high quality of the education provided.

Why choose us:

• we offer more than 1,000 study programs to choose from;
• our prices are lower than most offers on the market for additional professional education;
• We provide you with the services of a personal manager and guarantee impeccable quality of service;
• training is carried out on the basis of modern material and technical base.
• The level of teaching staff at NTU is equal to the level of teachers at leading universities in the country.

Tell me about the professional standard “Programmer”, approved by order of November 18, 2013 N 679n:1. For which organizations is this a mandatory standard for implementation? Is it mandatory for use by universities?2. What does OKSO mean in the professional standard? For generalized labor function 3.2 (programmer) OKSO 230101 Computers, complexes, systems and networks 230103 Automated information processing and control systems (by industry) 230105 Computer software and automated systems. If we have an employee with a higher technical education, for example, a chemical engineer, then after the implementation of the professional standard he will not have to work as a programmer?3. If your education does not comply with OKSO standards, can you compensate by improving your qualifications? What is the minimum number of advanced training hours?4. When should budget organizations finally switch to professional standards and for all positions?

Answer

Answer to the question: 1. For which organizations is this a mandatory standard for implementation?

In accordance with part one of Article 195.3 of the Labor Code of the Russian Federation (hereinafter referred to as the Code), if the Code, other federal laws, and other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for application by employers.
When applying part one of Article 195.3 of the Code, other regulatory legal acts mean decrees and orders of the Government of the Russian Federation, orders of federal executive authorities that specifically establish requirements for employees performing certain labor duties that are of a regulatory legal nature. In this case, these regulatory legal acts apply in terms of requirements.
In addition, if, in accordance with the Code or other federal laws, the performance of work in positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then according to Article 57 of the Code, the names of positions, professions, specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books or professional standards.
In other cases, professional standards are advisory in nature.
In the above cases, professional standards are required to be applied by all organizations, regardless of the organization’s activity profile and its organizational and legal form.

There are no special laws in relation to the position of a programmer. obliging the application of this standard. As a rule, the standard is advisory in nature.

But, if the employee’s working conditions are recognized as harmful, and therefore he will be entitled to guarantees and benefits, then this standard will have to be applied in accordance with Art. 57 Labor Code of the Russian Federation. But in this case, the organization has the right to choose what to use: pofstandart or EKS for the same position.

Is it mandatory for universities?

According to Art. 52 of the Federal Law of December 29, 2012 No. 273-FZ On education in the Russian Federation, an educational organization can choose what to apply: prof. standard or EKS. The choice is up to the organization.

Answer to the question: 2. What does OKSO mean in the professional standard? According to generalized labor function 3.2 (programmer)
OKSO 230101 Computers, complexes, systems and networks
230103 Automated information processing and management systems (by industry)
230105 Computer software and automated systems

OKSO in the professional standard means the profile of education required to fill a position.

Cm. Letter of the Ministry of Labor of Russia dated December 26, 2016 No. 15-2/ОOG-4698 On the application of the professional standard, as well as qualification requirements

Answer to the question: If we have an employee with a higher technical education, for example, a chemical engineer, then after the introduction of the professional standard he will not have to work as a programmer?

He can continue to work in his position.

According to the EKS, the qualification requirements for a programmer are:

Qualification requirements.

Software engineer category I: higher professional (technical or engineering-economic) education and work experience as a software engineer category II for at least 3 years.

Software engineer of category II: higher professional (technical or engineering-economic) education and work experience as a software engineer of category III or other engineering positions filled by specialists with higher professional education, at least 3 years.

Software engineer category III: higher professional (technical or engineering-economic) education and work experience in the specialty acquired during the training period, or work experience in engineering positions without a qualification category.

Software engineer: higher professional (technical or engineering-economic) education without requirements for work experience or secondary vocational (technical or engineering-economic) education and work experience as a category I technician for at least 3 years or other positions filled by specialists with secondary vocational education, at least 5 years.

Those. Your employee meets the qualification requirements specified in the CEN.

Qualification requirements according to the professional standard, approved. By Order of the Ministry of Labor of Russia dated November 18, 2013 No. 679n On approval of the professional standard “Programmer”

Education and training requirements: Secondary vocational education
Training

Requirements for practical work experience: Practical work in the field of software development for at least 6 months

Those. the profile of education is specified.

The Letter of the Ministry of Labor and Social Protection of the Russian Federation dated April 4, 2016 No. 14-0/10/B-2253 directly states: “ if the qualification directory and professional standard for similar professions (positions) contain different qualification requirements, then the Employer independently determines which regulatory legal act he uses, except for cases provided for by federal laws and other regulatory legal acts of the Russian Federation»

This way, your employee has no obstacles to continue working with their existing qualifications.

Answer to the question: 3. If education does not comply with OKSO, can it be compensated by advanced training? What is the minimum number of continuing education hours?

If you apply the professional standard (without taking into account the above possibilities for using the EKS), then the lack of specialized education can be compensated for by retraining and advanced training.

Answer to the question: 4. When should budget organizations finally switch to professional standards and for all positions?

01/01/2020.

But even after 01/01/2020, your institution will have the right to apply the CES, including to the position of programmer.

Details in the materials of the Personnel System:

Legal basis:

Current edition

Letter of the All-Russian Trade Union of Education dated March 10, 2017 No. 122

On current issues in the application of professional standards

The Central Council of the Trade Union sends, for use in practical work, answers to pressing issues regarding the application of professional standards and requests that they be brought to local and primary organizations of the Trade Union, as well as posted on the official websites of regional (interregional) organizations of the Trade Union on the public information and telecommunications network "Internet".

Deputy
Chairman of the Trade Union
T.V. Kupriyanova

Application

Application. Answers to pressing questions about professional standards

What laws and other regulatory legal acts of the Russian Federation should be followed when applying professional standards?

The fundamental laws and other regulatory legal acts of the Russian Federation when applying professional standards are:
- Article 5 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), according to which regulatory legal acts of federal executive authorities containing labor law norms must not contradict the Labor Code of the Russian Federation and decrees of the Government of the Russian Federation;
- Article 57 of the Labor Code of the Russian Federation, which provides that if, in accordance with the Labor Code of the Russian Federation, other federal laws, the provision of compensation and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
- Part 1 of Article 195.3 of the Labor Code of the Russian Federation, according to which professional standards are mandatory for use by employers only in terms of qualification requirements;
- Decree of the Government of the Russian Federation dated June 27, 2016 No. 584 “On the specifics of the application of professional standards in terms of requirements mandatory for application [...]”.

Decree of the Government of the Russian Federation of June 27, 2016 No. 584 “On the specifics of the application of professional standards in terms of requirements mandatory for application by state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, as well as state corporations, state companies and business companies, more than fifty percent of the shares (shares) in the authorized capital of which are in state or municipal ownership."

Paragraph 1 of Resolution No. 584 establishes that professional standards in terms of qualification requirements are applied by state or municipal institutions step by step based plans for organizing the application of professional standards.

What is meant by “phased” application of professional standards?

According to paragraph 2 of Resolution No. 584, the implementation of plans for organizing the application of professional standards must be completed no later than January 1, 2020.
In other words, the date of entry into force of specific professional standards (for example, January 1, 2017) means that, according to these professional standards, the organization of work on their application can begin, and the date specified in Resolution No. 584 (January 1, 2020) , is the completion of the organization of work on their application.
Thus, phasing presupposes the presence of a sufficiently long organizational period during which planned activities must be implemented.
Who approves the plan for organizing the application of professional standards?

Based on paragraph 1 of Resolution No. 584, the plan for organizing the application of professional standards is approved by the organization itself (that is, a state or municipal institution), taking into account the opinion of the representative body of employees.
What should a plan for organizing the application of professional standards include?

In accordance with paragraph 1 of Resolution No. 584, the plan for organizing the application of professional standards must include:

a) a list of professional standards to be applied;

b) information about the need for vocational education, vocational training and (or) additional vocational education of employees and about the implementation of relevant education and training activities in the prescribed manner;

c) stages of application of professional standards;

d) a list of local regulations and other documents that are subject to change taking into account the provisions of professional standards to be applied.
How to create a list of professional standards to be applied?

The list of professional standards to be applied depends on the personnel composition of the organization that forms such a list. When compiling your list, keep the following in mind:
- the list cannot be uniform for each organization, since its content depends on the personnel composition provided for by the staffing table, the establishment of which falls within the competence of the educational organization;
- the list includes professional standards approved for various categories of personnel, and not just teaching staff;
- the list does not include professional standards that still exist in the form of projects (in particular, the draft professional standard “Head of an educational organization (education management)”;
- the list does not include a professional standard whose entry into force has not yet occurred.
How to determine the need for vocational education, vocational training and (or) additional vocational education of employees?

Subparagraph "b" of paragraph 1 of Resolution No. 584 provides for obtaining information about the existence of such a need based on an analysis:
- qualification requirements contained in professional standards;
- qualifications of the organization’s personnel (that is, the level of knowledge, skills, professional skills and work experience of employees).
Example 1. If the qualifications of a particular employee do not meet the educational and training requirements established by the relevant professional standard, then the organization's plan must contain information about the employer's actions to overcome such a discrepancy.
Example 2. If the qualifications of a particular teaching employee meet the requirements for education and training established by the relevant professional standard, then the employee is in any case guaranteed the right to additional professional education in the profile of teaching activity at least once every three years (clause 2 of part 5 of article 47 of the Federal Law dated December 29, 2012 No. 273-FZ "On education in the Russian Federation"). Consequently, the organization’s plan must also contain the implementation of appropriate activities for additional professional education.
How to establish compliance (inconsistency) between the employee’s education document and the requirements for education and training established by the relevant professional standard?

It is necessary to be guided by the following orders of the Russian Ministry of Education and Science:
- dated November 18, 2013 No. 1245 (regarding higher education);

Order of the Ministry of Education and Science of Russia dated November 18, 2013 No. 1245 “On establishing the conformity of the areas of training for higher education - bachelor's, areas of training for higher education - master's, specialties of higher education - specialty, the lists of which are approved by the order of the Ministry of Education and Science of the Russian Federation dated September 12, 2013 No. 1061, areas of training for higher professional education, confirmed by the assignment of qualifications (degrees) of “bachelor” and “master” to individuals, the lists of which are approved by order of the Ministry of Education and Science of the Russian Federation dated September 17, 2009 No. 337, areas of training (specialties) of higher professional education, confirmed by awarding a person the qualification (degree) of “specialist,” the list of which was approved by Decree of the Government of the Russian Federation of December 30, 2009 No. 1136.”

Order of the Ministry of Education and Science of the Russian Federation dated June 5, 2014 No. 632 “On establishing the correspondence of professions and specialties of secondary vocational education, the lists of which are approved by the order of the Ministry of Education and Science of the Russian Federation of October 29, 2013 No. 1199, with the professions of primary vocational education, the list of which is approved by the order Ministry of Education and Science of the Russian Federation dated September 28, 2009 No. 354, and specialties of secondary vocational education, the list of which was approved by order of the Ministry of Education and Science of the Russian Federation dated September 28, 2009 No. 355."

The listed voluminous documents are posted on the public information and telecommunications network "Internet" and contain correspondence tables (the so-called conformity lists of new and previous lists of professions, specialties and areas of training). The use of these tables allows, for example, to determine whether the specialty or area of ​​training indicated in the employee’s diploma of education corresponds to the enlarged groups of areas of training in higher education and specialties of secondary vocational education “Education and Pedagogical Sciences”.
How and under what conditions can the right of teaching staff to additional professional education be ensured?

It is recommended to be guided by the explanations “On the implementation of the right of teaching staff to additional professional education” (letter of the Department of State Policy in the Sphere of General Education of the Ministry of Education and Science of Russia and the All-Russian Trade Union of Education dated March 23, 2015 No. 08-415/124).
The clarifications contain an overview of labor legislation on issues of additional vocational education and, in particular, the following conclusions:
- an employee has the right to refuse to receive additional professional education if the employer does not provide him with guarantees and compensation provided for by law and the contract;
- the employer does not have the right to oblige employees to carry out additional professional education at their own expense, including such conditions cannot be included in the relevant contracts.
What local regulations and other documents of the organization are subject to change taking into account the provisions of professional standards?

Currently, it is necessary to make changes only to those documents that regulate the implementation of education and training activities, determined by information about the need for vocational education, vocational training and (or) additional vocational education of employees. Relevant documents may include, but are not limited to:
- collective agreement (if it is necessary to change the conditions and procedure for the employer’s training of employees and additional professional education of employees);
- local regulatory act defining the forms of training and additional professional education of workers, the list of required professions and specialties;
- additional agreements to employment contracts (in terms of securing the employer’s obligation to provide vocational training or additional vocational education to employees, if this is a condition for the employees to perform certain types of activities);
- job descriptions of specific employees, which are annex to the employment contract (regarding changes in qualification requirements);
- agreements with employees on the exercise of their right to training and additional professional education (Article 197 of the Labor Code of the Russian Federation).
Can professional standards be used by employers when determining the job responsibilities of employees?

Based on part three of Article 195.3 of the Labor Code of the Russian Federation, the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor has the right to give explanations on the application of professional standards.
Without taking advantage of the right to provide appropriate explanations, the Russian Ministry of Labor, meanwhile, prepared a letter dated April 4, 2016 No. 14-0/107B-2253 with information on the application of professional standards (hereinafter referred to as the letter).
As follows from the letter (answer to question 9), when the employer determines the job responsibilities of employees, the professional standard can be used as a recommendatory methodological document. Thus, the letter actually served as a basis for employers for the possible application of professional standards in determining the job responsibilities of employees. In this regard, the Trade Union draws attention to the following:
- the letter was prepared before the Russian Ministry of Labor was given the right to provide explanations on the application of professional standards (Article 195.3 of the Labor Code of the Russian Federation came into force on July 1, 2016);

See Federal Law No. 122-FZ of May 2, 2015 “On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation”.
- the letter is not a normative legal act;

The list of labor legislation and other acts containing labor law norms is established by Article 5 of the Labor Code of the Russian Federation and includes, in particular, regulatory legal acts containing labor law norms. At the same time, on the basis of paragraph 2 of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration, approved by Decree of the Government of the Russian Federation of August 13, 1997 No. 1009, the publication of normative legal acts in the form of letters is not allowed.

It contradicts the current edition of the Labor Code of the Russian Federation, according to which a professional standard is a characteristic of the qualifications necessary for an employee to carry out a certain type of professional activity, including the performance of a certain labor function (part two of Article 195.1 of the Labor Code of the Russian Federation), and the qualifications of an employee are the level of knowledge , skills, professional skills and work experience of the employee (part one of Article 195.1 of the Labor Code of the Russian Federation).
Thus, the list of possible job responsibilities of an employee does not relate to the concept of “qualification” and, therefore, is not included in the qualification characteristics, that is, the professional standard. In this regard, to date there are no legal grounds for the application of a professional standard when an employer determines the job responsibilities of employees.
Taking into account the above, when determining the job responsibilities of teaching staff, it is advisable to continue to be guided by:
- section “Qualification characteristics of positions of education workers” of the Unified Qualification Directory of Positions of Managers, Specialists and Employees (hereinafter - UKS), approved by Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 No. 761n (as amended);
- section “Qualification characteristics of positions of managers and specialists of higher professional education and additional professional education” of the EKS, approved by order of the Ministry of Health and Social Development of Russia dated January 11, 2011 No. 1n.
In turn, on the basis of Articles 60.2 and 151 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an assignment to an employee to perform additional work in a different or the same profession (position) can be entrusted to him with written consent and for additional payment.
Can professional standards be used by employers when certifying teaching staff?

Taking into account changes in the Labor Code of the Russian Federation, changes were made to the rules for the development, approval and application of professional standards (hereinafter referred to as the Rules).
If, according to subparagraph “a” of paragraph 25 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23, professional standards were to be applied by employers when forming personnel policies and in personnel management, when organizing training and certification of employees, developing job descriptions, tariffication of work, assignment of tariff categories to employees and establishment of remuneration systems taking into account the peculiarities of the organization of production, labor and management, then from July 1, 2016, this provision was declared invalid.

Clause 2 of the Decree of the Government of the Russian Federation of May 13, 2016 No. 406 “On amendments to the Decree of the Government of the Russian Federation of January 22, 2013 No. 23.”

Subparagraph "c" of paragraph 5 of the changes that are being made to the Decree of the Government of the Russian Federation of January 22, 2013 No. 23, approved by the Decree of the Government of the Russian Federation of May 13, 2016 No. 406.

Taking into account the above, the corresponding provision is absent in the order of the Ministry of Labor of Russia dated January 10, 2017 No. 10n “On approval of the professional standard “Specialist in the field of education”, during the preparation of which the comments of the Trade Union were taken into account. However, this provision is still preserved in paragraph 2 of the following orders Ministry of Labor of Russia, published before the amendments to the Rules entered into force:

According to paragraph 2 of orders of the Ministry of Labor of Russia dated October 18, 2013 No. 544n, dated July 24, 2015 No. 514n, dated September 8, 2015 No. 608n and dated September 8, 2015 No. 613n, the professional standard is applied by employers when forming personnel policies and in personnel management, in organizing training and certification of employees, concluding employment contracts, developing job descriptions and establishing remuneration systems.

dated October 18, 2013 No. 544n “On approval of the professional standard “Teacher (pedagogical activities in preschool, primary general, basic general, secondary general education) (educator, teacher)”;
- dated July 24, 2015 No. 514n “On approval of the professional standard “Teacher-psychologist (psychologist in the field of education)”;
- dated September 8, 2015 No. 608n “On approval of the professional standard “Teacher of vocational education and additional vocational education”;
- dated September 8, 2015 No. 613n “On approval of the professional standard “Teacher of additional education for children and adults.”
Considering that, according to Article 5 of the Labor Code of the Russian Federation, regulatory legal acts of federal executive authorities containing labor law standards must not contradict the Labor Code of the Russian Federation and regulations of the Government of the Russian Federation, professional standards cannot be used by employers when certifying teaching staff.
When certifying teaching staff, it is necessary to continue to be guided by the Procedure for certifying teaching staff of organizations engaged in educational activities, approved by Order of the Ministry of Education and Science of Russia dated April 7, 2014 No. 276 and which is a departmental regulatory legal act of direct action. As follows from paragraph 1 of this Procedure, the rules for conducting certification are determined by the Procedure itself.
Thus, to date there are no legal grounds for the use of any tools developed for the application of professional standards when certifying teaching staff.
How should professional standards be applied in relation to non-mandatory provisions?

Forcing the application of professional standards in terms of provisions that are not mandatory for application (for example, in terms of using job titles not provided for in the job nomenclature) is not recommended for the following reasons:

The nomenclature of positions of teaching staff of organizations carrying out educational activities, positions of heads of educational organizations, approved by Decree of the Government of the Russian Federation of August 8, 2013 No. 678.

The provisions of professional standards (except for qualification requirements) are not mandatory and remain the subject of heated professional discussion, since they contain uncertainties that unreasonably grant the employer the right, at his discretion, to apply any labor functions to employees with different job titles recommended in professional standards, which can lead to to violation of workers' rights.
- the issue of introducing changes to a number of professional standards is currently being considered, including for the purpose of significantly reworking their content (in particular, taking into account the task of connecting the requirements of professional standards with federal state educational standards, as well as the instructions of the President of the Russian Federation on the formation of a national system teacher growth).

Subparagraph "d" of paragraph 1 of the list of instructions of the President of the Russian Federation following the meeting of the State Council of the Russian Federation on December 23, 2015 (minutes of January 2, 2016 No. Pr-15GS).

What powers do their founders and supervisory authorities have in the area of ​​application of professional standards by organizations?
Based on paragraph 3 of Resolution No. 584, bodies and organizations exercising the functions and powers of the founders of the organizations specified in this resolution, as well as monitoring and coordinating the activities of such organizations, ensure:

a) introducing amendments in the prescribed manner to the relevant regulatory legal acts and documents that require taking into account the provisions of professional standards to be applied, that is, only in relation to the norms that are mandatory for application;

b) monitoring the implementation of plan activities.

Sample plan

Plan for organizing the application of professional standards

No./item	List of professional standards to be applied	Information about the need for vocational education, vocational training and (or) additional vocational education of employees	Stages of application of professional standards	List of local regulations and other documents subject to change in connection with taking into account the provisions of professional standards to be applied
1	professional standard "Teacher-psychologist (psychologist in the field of education)", approved by order of the Ministry of Labor of Russia dated July 24, 2015 No. 514n	Petrov P.P., educational psychologist, - the need for higher education in the relevant field	implementation by the employer of measures for training (professional education) of the employee (June 1, 2017 - January 1, 2020)	local regulatory act defining the forms of training and additional professional education of workers, the list of required professions and specialties; agreements with employees on the exercise of their right to training and additional
2	professional standard "Specialist in the field of education", approved by order of the Ministry of Labor of Russia dated January 10, 2017 No. 10n	Sidorova S.S., social teacher, - the need for additional professional education in the area of ​​professional activity in the organization	amendments to local regulations and other documents (January 1 - June 1, 2017); provision of additional professional education by the employer	professional education
		…	employees (January 1, 2017 - January 1, 2020)
3	…	…	…

With respect and wishes for comfortable work, Tatyana Kozlova,

HR System expert