Implementation of professional standards
Starting from July 01, 2016, the Russian rules on professional standards came into full legal force.
A professional standard is a list of skills, work experience and qualifications an employee needs to possess in order to efficiently perform labor duties at a certain job.
Professional standards are being prepared by the Russian Ministry of Labor and Social Protection (“Ministry of Labor”) on its own initiative or upon suggestion of third parties (for example, employer associations).
The current register of professional standards is published on the web site of the Ministry of Labor (http://profstandart.rosmintrud.ru) and, as of August 2016, includes over 800 professional standards (for example, IT specialist, HR, accountant).
The employer is to apply professional standards only if legal acts stipulate that (i) an employee holding a particular position must meet certain qualification criteria or (ii) a relevant position and professional level implies certain work restrictions, or provides certain guaranteed benefits/compensation. Otherwise, the professional standards are of an advisory nature. In the meantime, the officials of the Ministry of Labor recommend that all Russian employers bring their HR documents as regards requirements for the positions in line with professional standards.
Employers may be subject to administrative liability for failure to comply with professional standards. To eliminate this risk, we recommend Russian employers to analyze their job positions, identify those which are subject to mandatory professional standards, and, where needed, amend their HR documentation and perform employee appraisal as to compliance with the relevant professional standards.
Furthermore, starting from January 01, 2017, the system of independent assessment of qualifications of employees and individuals seeking a certain job will come into effect. This is to confirm that an individual complies with the relevant professional standard. The assessment will be conducted by third-party specialized agencies in form of an exam and will result in issue of a qualification certificate or report on unsatisfactory results of assessment.
The regulations on professional standards will help unify requirements of employers in the private and public sectors for similar positions and increase the professional level in particular areas. For the cases when use of professional standards is recommended only, the employer may use them to follow the best HR practices and key qualification requirements.
Should any questions arise in connection with the above or if you need any additional materials, please contact Irina Onikienko or Anastasiya Mergasova, Office of Capital Legal Services.
This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues.