Job description of a professional standard programmer engineer. The key and most important provisions of the professional standard “Programmer. Functional responsibilities of a programmer according to the professional standard

For development or debugging personnel software, the professional standard of the programmer is developed. It clearly states what are the functional responsibilities of programmers in an institution or firm. 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 standard of a programmer: what is its content

In the order of the Ministry of Labor Russian Federation dated 18.11.2013 number 679n announced the basic working standards for programmers, allowing to qualify their level and classify the list of functional duties.

The regulatory document includes the following subsections:

  • General information.
  • Description of the types of work.
  • Analysis of functional responsibilities.
  • Developer imprint.

In section General information the concept of the specifics of work is introduced, as well as the nature of economic activity. In addition, this section indicates the goal pursued by the employee in this position.

In section Species descriptionsworks provides generalized information about the functionality of the employee. Each duty is described in as much detail as possible. Each skill level, according to the content of this section, corresponds to a certain code.

In section Analysis of functional responsibilities expands information about the responsibilities of the programmer. And here is a detailed list of criteria for the position.

In section Outputdevelopers reflects information about all personalities who submitted the professional standard of a software engineer to the Ministry of Labor.

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

Rigorous research by employees of the Ministry this issue is explained by the fact that at present, software is of fundamental importance for the full-fledged conduct of business in a company and in any production.

Only a specialist qualification category, corresponding to the standard approved by the Ministry, is able to eliminate emerging failures in the software or generate new program to optimize production or personnel tasks.

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

Professional criteria applied, according to the programmer's professional standard, 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 in the professional standard for different positions their functional responsibilities are defined.

In particular, the list states the following:

  1. Junior programmer (or software engineer). When applying for this position, it is necessary to present documentary evidence of the secondary vocational education received. Wish to know basic fundamentals programming and have a computer literacy at the user level.
  2. Programmer. It is obligatory to have secondary vocational education. Upon taking up the position, it is necessary to confirm the professional experience within six months in the field of software adjustment and development.
  3. Senior programmer (or software engineer). Documented secondary vocational education is mandatory, and presence in the profession must be at least 12 months.
  4. Lead Programmer (or Lead Software Engineer). Must present a diploma higher education upon taking office. If present in this professional industry, the experience should be calculated for three years.

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

Their functional responsibility will be to ensure the smooth 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 refusing employment.

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

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

Computer technologies are constantly being improved, concretized, adapting to the realities of technical evolution. In this regard, the programmer is instructed to conduct systematic monitoring innovative technologies in this area and implement them in the production process.

In addition, incoming global updates to existing software nodes must also be used and adapted to local professional conditions. Good qualification hones 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.

The high level of qualification of the programmer involved in the performance of work to ensure the information security of the company is especially important. Copyright technologies, financial transactions, management personal data and everything that constitutes trade secret, is the subject of active attention of competitors.

It is well known that cloud technologies are gaining more and more popularity. They make a certain comfort, but they are vulnerable. Database (including traffic information financial flows) needs high professional service.

In addition, if enterprise profiling information is stored on hard drives, data security can also only be ensured by a professional programmer who meets the criteria for the professional standard of a software engineer. Random people are not hired for this position, even if they know the main programs.

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

Functional responsibilities of a programmer according to the professional standard

According to the professional standard of a programmer technician, an employee responsible for software development is charged with four main labor functions.

Based on them, the employee is responsible for:

  • for examination of the program code;
  • for the elimination of the slightest failures in its functioning;
  • for the development of a new program code (if such a need arose in production);
  • for the development of corporate requirements for software (these requirements should 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.

On the market digital technologies new products are constantly emerging. In this regard, a qualified programmer should be able to update them.

Functional programmer card

The map includes the following works:

Professional standard for working with personnel: uniformity and algorithmization

When hiring a programmer, the employer, in his own interests, must check whether the job applicant meets the qualification requirements. When compiling 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 responsible persons for recruitment. It's a handy tool personnel policy. Its advantages lie in the fact that it allows you to automate management processes. Its use makes job descriptions as clear and accessible as possible.

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

programmer job description sample

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

1. General Provisions

1.1. The programmer belongs to the category of specialists.

1.2. The position of a programmer is accepted by a person who has:

1) secondary vocational education;

2) advanced training;

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

1.3. The programmer must know:

1) methods of automatic and automated testing of software performance;

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

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

4) typical software metrics;

5) basic methods for measuring and evaluating the characteristics of software;

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 the software;

10) the environment for checking the health and debugging of software;

11) internal regulations, regulating the procedure for documenting the results of the software health check;

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 the 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 the necessary knowledge)

1.4. The programmer must be able to:

1) write the program code of the procedures for checking the functionality of the software in the chosen programming language;

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

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

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

5) prepare data sets used in the software health check 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 characteristics of the software;

9) document the results of the software health check;

10) apply methods, tools for refactoring and optimization;

11) apply tools collective work on the program code;

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

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

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

15) interpret error messages, warnings, technological log entries arising from the execution of defective code;

16) ……… (other skills and abilities)

1.5. The programmer in his work is guided by:

1) ……… (name of constituent document)

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

3) this job description;

4) ……… (names of local regulations governing

job functions by position)

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

manager)

1.7. ……… (other general provisions)

2. Labor functions

2.1. Health check and software code refactoring:

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

2) development of test data sets;

3) checking the functionality of the software;

4) refactoring and optimization of the program code;

5) correction of defects recorded in the database of defects.

2.2. ……… (other functions)

3. Job responsibilities

3.1. The programmer has the following responsibilities:

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

1) develop procedures:

Software health checks;

Collection of diagnostic data;

Measurements of the required characteristics of the software;

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

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

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

3.1.3. As part of the labor 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 the software operability check;

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

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

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

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

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

1) reproduces the defects recorded in the database of defects;

2) establishes the causes of defects;

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

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

3.1.6. As part of the performance of his labor functions, he performs the instructions of his immediate supervisor.

3.1.7. ……… (other duties)

3.2. ……… (other job descriptions)

4. Rights

The programmer has the right:

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

4.2. Ask the immediate supervisor for clarifications and clarifications on these instructions, issued assignments.

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

4.4. Get acquainted with the draft decisions of the management regarding the function performed by him, with documents defining his rights and obligations in his position, criteria for assessing the quality of the performance of his labor functions.

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

4.6. Participate in the discussion of issues related to executable official duties.

4.7. ……… (other rights)

5. Responsibility

5.1. The programmer is responsible for:

Behind improper performance or failure to fulfill their official duties provided for by 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 prescribed by the current administrative, criminal and civil legislation of the Russian Federation;

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

5.2. ……… (other liability provisions)

6. Final provisions

6.1. This job description was developed on the basis of the Professional Standard "Programmer", approved by the Order of the Ministry of Labor and social protection Russian Federation dated 11/18/2013 N 679n, taking into account ... ... ... (details of the organization's local regulations)

6.2. Familiarization of the employee with this job description is carried out upon employment (before signing the employment contract).

The fact that the employee is familiarized with this job description is confirmed 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; otherwise)

6.3. ……… (other final provisions).

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 the university?2. What does it mean in OKSO in the professional standard? According to the generalized labor function 3.2 (programmer) OKSO 230101 Computers, complexes, systems and networks 230103 Automated systems information processing and management (by industry) 230105 Software computer science and automated systems. 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? If education does not correspond to OKSO, can it be compensated by advanced training? What is the minimum number of hours of advanced training?4. When budget organizations should 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 the first part of Article 195.3 Labor Code of the Russian Federation (hereinafter - the Code), if the Code, other federal laws, 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 employers to apply.
When applying the first part of Article 195.3 of the Code, other regulatory legal acts mean resolutions and orders of the Government of the Russian Federation, orders federal bodies executive power, which specifically establish requirements for employees who perform certain labor obligations that are of a normative legal nature. In this case, in terms of requirements, these regulatory legal acts shall apply.
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 in accordance with 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 handbooks or professional standards.
In other cases, professional standards are advisory in nature.
In the above cases, the professional standard must be applied by all organizations, regardless of the profile of the organization and its organizational and legal form.

It is in relation to the position of a programmer that there are no special laws. requiring the application of this standard. As a rule, the standard is advisory in nature.

But, if the working conditions of the employee are recognized as harmful, in connection with which he will be entitled to guarantees, benefits, then this standard will have to be applied by virtue of Art. 57 of the Labor Code of the Russian Federation. But in this case, the organization has the right to choose what to apply: the standard or the CAS for the same position.

Is it mandatory for university?

According to Art. 52 federal law dated December 29, 2012 No. 273-FZ On education in the Russian Federation, an educational organization can choose what to apply: prof. standard or eks. Organization choice.

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

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

Cm. Letter of the Ministry of Labor of Russia dated December 26, 2016 No. 15-2 / OOG-4698 On the application of a 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 CEN, the requirements for the qualification of a programmer:

Qualification requirements.

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

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

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

Software engineer: higher professional (technical or engineering and economic) education without presenting requirements for work experience or secondary vocational (technical or engineering and economic) education and at least 3 years of work experience as a technician of category I or other positions filled by specialists with secondary vocational education, not less than 5 years.

Those. Your worker meets the qualification requirements specified in the CSA.

Requirements for qualification according to the professional standard, approved. 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 04.04.2016 No. 14-0 / 10 / B-2253 expressly states: “ if the qualification handbook and the professional standard for similar professions (positions) contain different qualification requirements, then the Employer independently determines which regulatory legal act he uses, with the exception of cases provided for by federal laws and other regulatory legal acts of the Russian Federation»

Thus, your employee has no obstacles to continue working with the existing qualifications.

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

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

Answer to the question: 4. When should budgetary 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 CSA, including to the position of a programmer.

Details in the materials of the System Personnel:

Legal basis:

Current edition

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

On topical issues of application of professional standards

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

Deputy
Chairman of the Trade Union
T.V. Kupriyanova

Appendix

Appendix. Answers to current questions about professional standards

What laws and other regulatory legal acts of the Russian Federation should be guided by 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), in accordance with which the regulatory legal acts of federal executive bodies containing norms labor law, should not contradict the Labor Code of the Russian Federation and the 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 compensations 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 the qualification reference books approved in the manner established by the Government of the Russian Federation, or with 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 employers to apply only in terms of qualification requirements;
- Decree of the Government of the Russian Federation dated June 27, 2016 No. 584 "On the peculiarities of the application of professional standards in terms of the requirements that are mandatory for application [...]".

Decree of the Government of the Russian Federation of June 27, 2016 No. 584 "On the peculiarities of the application of professional standards in terms of the requirements that are mandatory for the application of 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 (stakes) in the authorized capital of which is in state or municipal ownership.

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

What is meant by "phasing" in the application of occupational standards?

According to paragraph 2 of Decree No. 584, the implementation of the activities 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 be started, and the date specified in Resolution No. 584 (January 1, 2020) , is the completion of the organization of work on their application.
Thus, phasing implies the presence of a sufficiently long organizational period during which planned activities must be implemented.
Who approves the plan for organizing the application of occupational 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, the state or municipal institution), taking into account the opinion of the representative body of workers.
What should the plan for organizing the application of occupational standards include?

In accordance with paragraph 1 of Decree No. 584, a plan for organizing the application of professional standards should 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 on 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 to be changed taking into account the provisions of the professional standards to be applied.
How to generate a list of professional standards to be applied?

The list of professional standards to be applied depends on the staffing of the organization that generates such a list. When compiling the list, keep the following in mind:
- the list cannot be the same for each organization, since its content depends on the staffing provided for staffing, the establishment of which is within the competence of the educational organization;
- the list includes professional standards approved for various categories of personnel, and not only 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 (management in the field of education)";
- the list does not include an occupational standard whose effective date has not yet come.
How to determine the need for vocational education, vocational training and (or) additional professional 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 of:
- qualification requirements contained in professional standards;
- qualifications of the personnel of the organization (that is, the level of knowledge, skills, professional skills and work experience of employees).
Example 1. If the qualifications of a particular worker do not meet the requirements for education and training established by the relevant professional standard, then the organization's plan should contain information about the actions of the employer to overcome such a discrepancy.
Example 2. If the qualification of a particular pedagogical worker meets the requirements for education and training established by the relevant professional standard, then in any case, the employee is provided with the right to additional professional education in the field of pedagogical activity at least once every three years (paragraph 2 of part 5 of article 47 of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation"). Therefore, the plan of the organization should also contain the implementation of appropriate activities for additional professional education.
How to establish compliance (non-compliance) between the document on the education of an employee 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 Ministry of Education and Science of Russia:
- dated November 18, 2013 No. 1245 (in terms of 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 of higher education - bachelor's degree, areas of training of higher education - master's degree, specialties of higher education - specialty, the lists of which are approved by order of the Ministry of Education and Science of the Russian Federation of September 12, 2013 No. 1061, areas of training of higher professional education, confirmed by the assignment of qualifications (degrees) "Bachelor" and "Master" to persons, 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 vocational education, confirmed by the assignment to a person of the qualification (degree) "specialist", the list of which was approved by the 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 of June 5, 2014 No. 632 "On establishing the conformity of professions and specialties of secondary vocational education, the lists of which are approved by 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 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 telecommunication network "Internet" and contain correspondence tables (the so-called correspondence lists of new and former lists of professions, specialties and areas of training). The use of these tables allows, for example, to establish whether the specialty or field of study indicated in the diploma of education of an employee corresponds to the enlarged groups of areas of higher education and specialties of secondary vocational education "Education and Pedagogical Sciences".
How and under what conditions can the right of pedagogical workers to additional professional education be ensured?

It is recommended to be guided by the explanations "On the realization of the right of teachers 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 professional education and, in particular, the following conclusions:
- the employee has the right to refuse to receive additional professional education if the employer does not ensure the provision of guarantees and compensations provided for by law and the contract;
- the employer is not entitled to oblige employees to carry out additional professional education at the expense of their own funds, 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 required to amend only those documents that regulate the conduct of education and training activities, due to information about the need for vocational education, vocational training and (or) additional professional education of employees. Relevant documents may include, in particular:
- collective agreement(if it is necessary to change the conditions and procedure for the employer to train employees and provide additional professional education to employees);
- a local normative act that defines the forms of training and additional professional education of employees, a list necessary professions and specialties;
- additional agreements to employment contracts (in terms of fixing the obligation of the employer to conduct vocational training or additional vocational education for employees, if this is a condition for the employees to perform certain types of activities);
- job descriptions specific workers, which are an annex to the employment contract (in terms of changing 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 applied by employers in determining the job responsibilities of employees?

On the basis of part three of Article 195.3 of the Labor Code of the Russian Federation, the federal executive body responsible for the development of state policy and legal regulation in the field of labor has the right to provide clarifications on the application of professional standards.
Without exercising the right to provide relevant explanations, the Ministry of Labor of Russia, meanwhile, prepared a letter dated April 4, 2016 No. 14-0 / 107V-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 applied as a recommendatory methodological document. Thus, the letter actually served as a basis for employers to possibly apply professional standards in determining the job responsibilities of employees. In this regard, the Union draws attention to the following:
- the letter was prepared before the Ministry of Labor of Russia was given the right to provide clarifications on the application of professional standards (Article 195.3 of the Labor Code of the Russian Federation entered 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 regulatory 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 regulatory legal acts in the form of letters is not allowed.

It contradicts the current version 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 qualification of an employee is 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 apply to the concept of "qualification" and, therefore, is not included in the description of the qualification, that is, the professional standard. In this regard, to date, there are no legal grounds for the application of a professional standard when the employer determines the job responsibilities of employees.
In view of the foregoing, when determining the duties of teaching staff, it is advisable to continue to be guided by:
- section " Qualification characteristics positions of educators" of the Unified qualification handbook positions of managers, specialists and employees (hereinafter - EKS), approved by the order of the Ministry of Health and Social Development of Russia dated August 26, 2010 No. 761n (subject to changes);
- section "Qualification characteristics of the 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 in the certification of 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 should have been applied by employers in the formation of personnel policy and in personnel management, in organizing training and certification of employees, developing job descriptions, billing of works, assignment tariff categories employees and the establishment of wage systems, taking into account the peculiarities of the organization of production, labor and management, then from July 1, 2016, this provision was recognized as invalid.

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

Subparagraph "c" of paragraph 5 of the changes that are 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.

In view of the foregoing, the corresponding provision is absent in the order of the Ministry of Labor of Russia dated January 10, 2017 No. 10n "On the 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, issued before the entry into force of changes to the Rules:

According to paragraph 2 of the 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 in the formation of personnel policy and in personnel management, in the organization of training and certification of employees, conclusion employment contracts, the development of job descriptions and the establishment of pay systems.

dated October 18, 2013 No. 544n "On approval of the professional standard" Teacher (pedagogical activity 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 professional education";
- dated September 8, 2015 No. 613n "On approval of the professional standard" Teacher additional education children and adults."
Considering that, according to Article 5 of the Labor Code of the Russian Federation, the regulatory legal acts of the federal executive authorities containing labor law norms should not contradict the Labor Code of the Russian Federation and the decrees of the Government of the Russian Federation, professional standards cannot be applied by employers when attesting teachers.
When attesting teachers, it is still necessary to be guided by the Procedure for attesting teachers of organizations that carry out educational activities, approved by order of the Ministry of Education and Science of Russia dated April 7, 2014 No. 276 and is a departmental regulatory legal act of direct action. As follows from paragraph 1 of the specified Procedure, the rules for attestation are determined by the Procedure itself.
Thus, to date, there are no legal grounds for the use of any toolkit developed for the application of professional standards in the certification of teaching staff.
How should professional standards be applied in terms of provisions that are not mandatory for application?

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

Nomenclature of positions of pedagogical workers of organizations engaged in educational activities, positions of managers educational organizations, approved by the Decree of the Government of the Russian Federation of August 8, 2013 No. 678.

The provisions of professional standards (with the exception of qualification requirements) are not mandatory, remain the subject of heated professional discussion, since they contain uncertainties that unreasonably give the employer the right, at its discretion, to apply any labor functions to employees with various job titles recommended in professional standards, which can lead to to the violation of workers' rights.
- the issue of introducing changes to a number of professional standards is currently being worked out, including with a view to significantly reworking their content (in particular, taking into account the task of pairing the requirements of professional standards with federal state educational standards, as well as instructions from the President of the Russian Federation on the formation 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 dated January 2, 2016 No. Pr-15GS).

What powers in the field of application of professional standards by organizations do their founders and control and supervisory bodies have?
Based on paragraph 3 of Decree No. 584, the bodies and organizations exercising the functions and powers of the founders of the organizations specified in this Decree, as well as exercising control and coordination of the activities of such organizations, ensure:

a) making changes 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 part of the norms that are mandatory for application;

b) control over the implementation of the plans.

Sample plan

Plan for organizing the application of professional standards

no./p. List of occupational 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 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., teacher-psychologist, - the need for higher education in the profile direction
implementation by the employer of measures for the preparation (vocational education) of the employee (June 1, 2017 - January 1, 2020)
a local normative act that defines the forms of training and additional professional education of employees, the list of required professions and specialties;
contracts 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 direction of professional activity in the organization amendments to local regulations and other documents (January 1 - June 1, 2017);
implementation by the employer of additional professional education
professional education
employees (January 1, 2017 - January 1, 2020)
3

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel

The National Technological University (NTU) is an institution that provides 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 in connection with the increase in state requirements for the qualification 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 the Order of the Ministry of Labor of the Russian Federation No. 679n dated November 18, 2013, establishes the qualifications necessary for the professional implementation of activities. This document registered in the Ministry of Justice of the Russian Federation under No. 30635 and published officially.

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

Training according to the professional standard of a programmer may be directed towards:

    methods and techniques of task formalization;

    formalization languages ​​of functional specifications;

    notations software products for graphic display of algorithms;

    solution algorithms typical tasks, areas and methods and applications, etc.

Based professional standard of a programmer each specialist can outline for himself the areas in which he needs to improve his knowledge. During the training, students will get acquainted with the practical aspects of information and communication technologies. Special attention we focus on current issues and current trends development of this industry.

Today, employers should review the procedure for hiring new employees, appraisal of employees and the content of job descriptions. From July 01, 2016, the labor inspectorate for legal grounds can issue fines if organizations do not apply in their work professional standards approved by the Ministry of Labor of the Russian Federation.

The 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 a special application form on this website. If necessary, you can visit the National Technological University in person and make sure of the high quality of the education provided.

Why choose us:

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

Exclusive rights to the presented material belong to ConsultantPlus JSC.

The material was prepared using legal acts as of 07/04/2016.

There are more conditions under which it is mandatory to apply professional standards

If the employer does not apply the mandatory professional standards, he faces a fine

An independent assessment will determine whether the employee's qualifications meet the professional standard

Even if the professional standard is mandatory, you will not have to dismiss the employee for non-compliance

Professional standard for an accountant: from July cardinal changes did not happen >>>

There are more conditions under which it is mandatory to apply professional standards

Even if the professional standard is mandatory, you will not have to dismiss the employee for non-compliance

It is necessary to apply mandatory professional standards, in particular, when hiring new employees. Like the Ministry of Labor, the entry into force of professional standards is not a reason to dismiss those who are already working.

Professional standard for an accountant: there have been no fundamental changes since July

 

It might be useful to read: