Who needs an independent assessment of qualifications. Independent assessment of qualifications. What is the result of the exam

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

Independent assessment - regulatory framework

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

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

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

regulate the procedure and procedure for conducting evaluation activities - Decree of the Government of the Russian Federation No. 1204 dated November 16, 2016 "On approval of the Rules for conducting an independent evaluation of the CSC";

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

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

The essence of an independent assessment

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

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

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

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

How to conduct an independent assessment of the qualifications of employees

A professional exam, which, in fact, is an independent assessment, can only be conducted by accredited centers (CSCs). The NOC Center can be contacted by:

employer - in order to conduct an IQA in relation to employees of the enterprise (in this case, the services of the CSC are paid by the employer);

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

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

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

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

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

personal application of each of the applicants for passing a professional exam (form approved by Order of the Ministry of Labor dated 02.12.2016 No. 706n);

a photocopy of the passport or other identity document of the examinee;

other documents required for passing the assessment activities for the relevant qualification (to be specified additionally by the representative of the CSC).

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

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

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

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

Independent assessment of qualifications - laws and regulations

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

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

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

What is an independent assessment of qualifications, when and how is it carried out

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

At the same time, unlike directly labor relations, an independent assessment of qualifications is not a purely bilateral process that concerns only the employee and the employer. A mandatory participant should also be a center for assessing qualifications. Such institutions and the procedure for their functioning are determined by the provisions of the above-mentioned Federal Law No. 238. The state maintains an appropriate register of assessment centers, which everyone has the right to get acquainted with.

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

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

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

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

In matters of whether an independent assessment of qualifications is mandatory or not, the legislation solves this issue quite simply. Attention should be paid to separate regulatory documents regulating the conduct of certain activities - it is their provisions that establish the mandatory compliance with professional standards, or the recommendatory nature of their application and use.

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

The current tax legislation allows workers to receive certain additional guarantees in case they pass an independent qualification assessment. In particular, it implies the possibility of obtaining a 3-personal income tax deduction for an independent assessment of qualifications when calculating an employee's wages.

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

The amount of the social tax deduction for qualification assessment is 13% of the amount spent on the passage of the said procedure.

At the same time, the employee will be able to receive the actual deduction by submitting the following package of documents to the Federal Tax Service:

It should be remembered that the maximum amount of social tax deductions that an employee can receive within one year is limited by law. It is 120 thousand rubles per year.

A law has been adopted that regulates the conduct of an independent assessment of the qualifications of employees or persons applying for a certain type of labor activity.

An independent qualification assessment is a procedure for confirming the compliance of an applicant's qualifications with the provisions of a professional standard or qualification requirements established by law, conducted by a qualifications assessment center. The law establishes the legal and organizational framework and procedure for conducting an independent assessment of qualifications, and also determines the legal status, rights and obligations of participants in such an assessment. The law does not apply to civil servants.

An independent qualification assessment is carried out in the form of a professional examination by a qualification assessment center in the manner prescribed by the Government of the Russian Federation. The exam is held at the initiative of the applicant at the expense of the applicant, other individuals and legal entities, or at the direction of the employer at the expense of the employer in the manner prescribed by labor legislation.

To pass the 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, as well as other documents necessary for passing the exam for the relevant qualification, is submitted to the qualification assessment center. Based on the results of the exam, the applicant is issued a certificate of qualification by the qualification assessment center within thirty days, and in case of receiving an unsatisfactory mark during the professional exam, a conclusion on passing the professional exam, including recommendations for the applicant. Information about the issued certificates of qualification is entered by the national agency for the development of qualifications in the register.

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

Article 1. Subject of regulation of this Federal Law

1. The subject of regulation of this Federal Law are the relations that arise in the course of 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 conducting 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, in relation to the relevant categories of employees, the Labor Code of the Russian Federation defines the specifics of regulating the labor of such employees , including in connection with the performance of work with harmful and (or) dangerous working conditions.

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

Article 2. Basic concepts used in this Federal Law

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

1) a national agency for the development of qualifications - an autonomous non-profit organization established to ensure activities for the development of qualifications in the Russian Federation, the founders of which include all-Russian associations of employers, all-Russian associations of trade unions and the Russian Federation, on behalf of which the functions and powers of the founder are carried out by federal bodies executive power 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 - an independent assessment of qualifications), - a procedure for confirming the compliance of an applicant's qualifications with the provisions of a professional standard or qualification requirements established by federal laws and other regulatory legal acts of the Russian Federation (hereinafter - 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 centers for assessing qualifications when conducting a professional exam;

5) a register of information on conducting an independent qualification assessment - an information resource for ensuring an independent qualification assessment (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) applicant - an employee or a person applying for a certain type of labor activity who has applied, including through the direction of the employer, to the center for assessing qualifications to confirm their qualifications in the manner established by this Federal Law;

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

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

Participants of the system of independent assessment of qualifications are:

1) national council;

2) national agency for the development of qualifications;

3) advice on professional qualifications;

4) qualification assessment centers;

5) employers;

6) applicants;

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

Article 4. Conducting an independent assessment of qualifications

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

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

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

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

5. Information about the issued qualification certificates is 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 center for assessing qualifications based on the results of passing a professional exam, within thirty calendar days from the date of informing them about the results of passing a professional exam in the manner prescribed by the regulation on the appeal commission for considering complaints related to the results of the professional examination and the issuance of a certificate of qualification, has the right to file a written complaint with the appeal commission of the council for professional qualifications.

Article 5 National Council

1. Coordination of the activities of federal executive bodies, associations of employers, trade unions (their associations), associations (unions) and other organizations representing and (or) uniting professional communities, educational, scientific and other organizations in the field of independent 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 associations), associations (unions) and other organizations representing and (or) uniting professional communities, educational, scientific and other organizations.

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

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

Article 6. National Agency for the Development of Qualifications

National Agency for the Development of Qualifications:

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

2) prepares proposals for the national council on empowering councils for professional qualifications with the authority to organize an independent assessment of qualifications for a certain type of professional activity, as well as on the termination of such powers;

3) organize the formation and maintenance of the register;

4) approves, on the basis of the proposals of councils for professional qualifications, 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, after the approval of these proposals by the national council, makes the information contained in these documents to the register;

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

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

Article 7 Council for Professional Qualifications

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

2. The Council for Professional Qualifications is created on the basis of all-Russian and other associations of employers, associations (unions) and other organizations representing and (or) uniting professional communities, and, by decision of the national council, is 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 Professional Qualifications, in order to carry out its activities, develops a regulation on the basis of an exemplary regulation on the Council for Professional Qualifications and approves it.

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

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

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

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

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

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

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

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

8) conducts an independent assessment of qualifications by decision of the National Council;

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

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

Article 8. Qualification Assessment Center

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

2. The Qualification Assessment Center conducts professional examinations.

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

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

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

3) submission by the qualifications assessment center of knowingly false information during the selection and empowering it with the authority 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 a 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 paragraph 3 of this article, information about the qualifications assessment center is excluded from the register by the national qualifications development agency no later than five working days from the day the professional qualifications council decides to terminate these powers.

5. In the event that a legal entity terminates the exercise of the powers of a center for assessing qualifications, the Council for Professional Qualifications ensures the fulfillment of unfulfilled obligations to applicants in respect of which the procedure for an independent assessment of qualifications has not been completed.

6. Financial support for the activities of the qualification assessment center is carried out at the expense of the own funds of the qualification assessment center 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) approves the model regulation on the Council for Professional Qualifications and the procedure for empowering the Council for Professional Qualifications with the authority to organize an independent assessment of qualifications for a certain type of professional activity and the termination of these powers;

2) approves the form of the certificate of qualification and its annexes, the 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 an independent assessment of qualifications and the procedure for submitting such an application, including in the form of an electronic document, using public information and telecommunication networks, including the Internet;

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

5) approves the regulation on the appeal commission for considering complaints related to the results of passing a professional exam and issuing a certificate of qualification;

6) approves the regulation on the development of 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 necessary for the applicant to pass a professional exam for the relevant qualification;

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

8) approve the procedure for the formation and maintenance of the register, the list of information contained in the register, and the procedure for access to 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 qualification assessment

1. In order to ensure an independent assessment of qualifications, a registry 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 about councils for professional qualifications and centers for assessing qualifications;

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

4) information about issued qualification certificates;

5) a list of official websites of the national council, the national agency for the development of qualifications, councils for professional qualifications and 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 public, with the exception of information containing personal data. Access of citizens and organizations to the register is free of charge.

4. The National Agency for the Development of Qualifications, councils for professional qualifications and centers for assessing qualifications form public information resources containing information about their activities, and provide access to these resources through the use of official sites on the information and telecommunication network "Internet", a 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 (with the exception of 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

In 2017, a new law was adopted - Federal Law of July 3, 2016 No. 238-FZ. It highlights how the proficiency assessment will take place. Is it necessary to conduct an independent assessment of qualifications? How will the procedure of a kind of attestation take place and what are the possible consequences if it fails? How to conduct an independent assessment of qualifications in 2018? Our material will help you navigate in all this.

concept

For qualification assessment subordinate provides for the creation of specialized centers. It is they who will be able to confirm and identify the inconsistency of the level of his training with the stated requirements.

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

Law innovations

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

Federal Law No. 238-FZ of July 3, 2016 “On Independent Assessment of Qualifications” is aimed at regulating how to conduct a qualification assessment of the skills of employees of various institutions. Immediately, we note that the law does not apply to persons in public service.

This law explains:

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

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

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

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

The Council for Professional Qualifications of the Financial Market posted on its official website a list of organizations recommended as CSCs (CSC - Qualification Assessment Center).

We add that the assessment of the qualifications of employees can be carried out in one of the following ways:

1. right in the center;
2. remotely.

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

In 2018, as before, exams will be held at NOC centers. All their procedural issues are strictly regulated. Supervisory authorities monitor the work of all centers. If during the inspections it turns out that there are any violations or manipulation of the results, the organization will be deprived of the right to conduct an independent assessment of the qualifications of personnel.

Information about NOCs in documents

An employee or applicant submits to the qualification assessment center:

• a written statement indicating the qualification for which he wants to take a professional exam, and consent to the processing of personal data. The sample application was approved by order of the Ministry of Labor of Russia dated December 2, 2016 No. 706n. He submits the application in person, through a legal representative or electronically via the Internet;
• a copy of the passport or other identity document;
• other documents required for the exam, depending on the qualification and professional standard.
  This is stated in paragraph 7 of the Rules, approved by Decree of the Government of the Russian Federation of November 16, 2016 No. 1204.

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The Qualification Assessment Center, within 10 calendar days after receiving the set of documents, agrees with the employer on the date, place and time of the professional exam, if it is carried out at the direction of the employer. If the initiator of the qualification assessment is the employee himself or the applicant, the CSC agrees with him on the date, place and time of the examination. This is provided for in paragraph 9 of the Rules approved by Decree of the Government of the Russian Federation of November 16, 2016 No. 1204.

If a based on qualification assessment the specialist confirms his professional suitability, he receives a qualification certificate.

The employee needs to act in the following sequence (see table).

If the certified person does not agree with the decision received, he will be able to appeal it through the appeal commission. Before that, he makes a written complaint. It must be submitted no later than 30 days after receipt of the opinion.

New tax deduction and benefit!

The Law on Independent Assessment of Qualifications in 2018 allows employers to take into account the costs incurred as a result of conducting an NQA. In fact, this will reduce the amount of taxable profit and, accordingly, the tax.

If the costs of passing the exam fell on the employee himself, then he has the right to claim the corresponding new social tax deduction. After about The assessment of professional qualifications is completed, it is enough for the employee to contact the tax office, not forgetting to take documents confirming the expenses with him. Here is the requirement of the Tax Code:

Who pays for the exam

The "investor" of the full cost of the exam is determined based on who exactly was the initiator of passing it. Recall that there are two options:

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

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

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

• BASIC;
• ESHN.

But even here there are exceptions. If only the applicant for the position, and not the current employee, passes the exam, the costs in this part cannot be taken into account. The law applies only to those who are already officially employed in the organization.