The state budgetary institution needs to include the position of a procurement specialist in the staffing table. How to properly call this position: contract manager, procurement specialist or something like that. Contract manager is a profession in demand XX

07.09.2022

" № 9/2016

Two professional standards have been approved regarding the contract system: "Specialist in the field of procurement" and "Expert in the field of procurement". And this means that employees involved in government contracts have additional legal protection, and employers have additional responsibility.

In September 2015, two professional standards were approved regarding the contract system: "Specialist in the field of procurement" and "Expert in the field of procurement". And this means that employees involved in government contracts have additional legal protection, and the employer has additional responsibility.

Since 07/01/2015, independent professions related to procurement activities have been introduced. They are legalized by the professional standard, they spell out all the labor functions that the employer can assign to representatives of these professions. If an employee is not officially a specialist or expert in the field of procurement, but works, for example, as an accountant or secretary, then it is now illegal for him to perform additional procurement duties as a public benefit without obtaining his written consent.

Paragraph 2 of Art. 38 of the Law on the contract system obliges the customer to appoint a contract manager if he does not have a contract service and the total annual volume of purchases does not exceed 100 million rubles.

As early as June 2016, another specialist of the organization could have been appointed such a contract manager. Additional functions were assigned to him as the performance of a socially useful load or other duties, assignments of the employer. Refusals were not accepted: “If you don’t want to work, quit!”. Since no funding was provided for these functions in the budget, in most cases procurement labor was not paid or received "penny" for it. The employee's attitude to "optional" duties was appropriate.

However, from the second half of 2016, the employer will no longer be able to order his subordinate to conduct the procurement activities of the organization. Otherwise, the employer will violate the labor law.

The employee agrees to act as a contract manager

As a rule, if the organization does not have a full-time “contract manager” position, then the employer assigns labor functions for planning and implementing procurement to other specialists, and these functions are related to their main profession in which they were hired.

As per the rules Art. 60.2 "Combination of professions (positions)" of the Labor Code of the Russian Federation the employer may instruct the employee to perform additional duties in another or the same profession (position). But the employer should remember that for additional labor functions the employee is entitled to additional charges (Art. 60.2, 151 Labor Code of the Russian Federation). And such an order is only possible with the written consent of the employee , as well as the establishment of the period during which additional work will be performed, the content and volume of this work.

Additional work in another profession (position) can be entrusted to a specialist only by combining professions (positions), as required par. 2 tbsp. 60.2 of the Labor Code of the Russian Federation.

Now, keeping in mind the above, we will consider the legal consequences of the introduction of professional procurement standards using the example of the duties of an accountant, who is entrusted with a responsible mission by order - to fulfill the duties of a contract manager. In fact, the employer added additional labor functions to the duties of an accountant.

The profession of an accountant is regulated by the relevant professional standard, which spells out all the labor functions that this specialist must perform. The employer has the right to demand the performance of these functions. But among them there is not a single function related to the planning and implementation of procurement. Because they are in a different standard that describes a different type of professional activity.

Can an accountant perform the duties of a procurement specialist - that is, carry out another type of professional activity? Maybe, but only if you want - as an additional work, by combining.

The employer must issue an order appointing an accountant as a contract manager, having received in advance written agreement of his employee, and, most importantly, to resolve the issue of the possibility of additional payment - compensation for performing labor functions in another profession. In fact, the employer must "persuade" the employee to work also with public procurement, motivating him financially.

Can an employee prematurely refuse to perform additional functions? Yes, he has the right to do so par. 4 tbsp. 60.2 of the Labor Code of the Russian Federation. However, the employer also has the right to cancel the order to perform such work ahead of schedule by notifying the other party in writing no later than three working days in advance.

The employee refuses the proposed combination

Is it possible to fire an employee if he refuses to work in the new conditions? Consider a situation where an employer is trying to change the terms of an employment contract by offering the employee additional responsibilities as a contract manager, but the subordinate refuses such an offer.

The right to change the terms of the employment contract gives the employer Art. 72 Labor Code of the Russian Federation. This adjustment is possible if the previous working conditions cannot be maintained due to changes in organizational or technological working conditions. If the employee refuses to continue work in connection with a change in the terms of the employment contract determined by the parties, is subject to termination in accordance with p. 7 h. 1 art. 77 Labor Code of the Russian Federation.

It would seem that the employer has the right to dismiss the "obstinate" subordinate, since the contract manager should conduct public procurement - a requirement Law on the contract system must be fulfilled. That is, the employer must make changes in the organizational structure, redistribute the load on departments or on specific positions.

However, the above Art. 72 Labor Code of the Russian Federation allows the employer to change any organizational or technological working conditions, except for changes in the work function of the employee . Labor functions cannot be touched - taboo! They are enshrined in the relevant professional standard.

That is why the employer will not be able to change the labor functions of an accountant (or other employee) by forcibly entrusting him with additional duties of a contract manager. After all, the change in labor functions in accordance with the norms Art. 72 Labor Code of the Russian Federation not within the scope of the employer. And it is also impossible to dismiss an employee who refused the proposed "part-time job", since there are no grounds for such a dismissal in the Labor Code of the Russian Federation.

If the employer tries to pass off the duties of a contract manager as a public workload, nothing will come of this either. "Additional responsibilities" - labor functions, all of them are listed in professional standards "Purchasing Specialist" , "Purchasing Expert" . It turns out that this is not a socially useful load and it cannot be “hung” on an employee forcibly.

Already now it is possible to predict the massive emergence of labor disputes between employers and employees who are voluntarily-compulsorily assigned labor functions for planning and making purchases that are not related to their main profession, in which they were hired. The presence of such labor disputes will lead to further professionalization of procurement activities.

What should an employer do? Or motivate the right employee to obtain consent to perform the functions of a contract manager, resolving the issue of remuneration for work. Or centralize procurement activities, introducing a unit in a new profession. The use of professional standards for public procurement provides such an opportunity.

Approved by the Order of the Ministry of Labor of the Russian Federation of September 10, 2015 No. 625n.

Approved by the Order of the Ministry of Labor of the Russian Federation of September 10, 2015 No. 626n.

The material was prepared on the basis of the speech of the Chairman of the Trade Union of Procurement Specialists of the Kaliningrad Region V.V. Don at the First All-Russian Conference "The System of Professional Qualifications in the Field of State, Municipal and Corporate Procurement", held by the non-profit partnership "Association of professional specialists in the field of state, municipal and corporate procurement" ". Conference website: conf.zakupki-profstandart.ru.

Federal Law No. 44-FZ dated 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

Basic concepts

The special service in the course of its activities carries out the full cycle of public procurement, from its planning, procurement procedures and ending with the acceptance of goods, work or services, payment under the contract, and, if necessary, carrying out claims work with the counterparty.

The contract manager under 44-FZ is an official of the customer who is responsible for the implementation of one or more public procurements, including the execution of each contract.

From January 1, 2017, a contract manager must have a higher education or additional professional education in the field of procurement. Previously, vocational or additional vocational education was sufficient. Thus, the legislator has tightened the requirements for the professional level of an employee responsible for procurement in an organization.

The decision to choose between these two options is made by the customer on the basis of data on the total annual volume of purchases (hereinafter referred to as ASG). If it does not exceed one hundred million rubles, then the customer appoints a contract manager. If it exceeds, then a special service is created in the organization on the basis of a model provision approved by order of the Ministry of Economic Development of October 29, 2013 No. 631. A budgetary institution has the right to appoint more than one employee responsible for public procurement and assign certain functions and powers to each of them. At the same time, the requirements of the labor legislation of the Russian Federation must be observed (letter of the Ministry of Economic Development of September 30, 2014 No. D28i-1889).

Job responsibilities should be fixed in the instructions. The customer has the right, for convenience, to develop and approve the regulation on such a position and specify the functions and powers in it in more detail.

Only a full-time employee of the organization should be a contract manager (letter of the Ministry of Economic Development dated November 10, 2016 No. D28i-2996).

Regulatory documents

In his work, the official who is responsible for the implementation of procurement is guided by the following regulatory documents:

the Constitution of the Russian Federation;
Federal Law No. 44-FZ;
civil and budgetary legislation;
regulatory legal acts that regulate the scope of public procurement in Russia;
job description of a contract manager of a budgetary institution or regulation on a contract manager 2018.

Order of appointment

To appoint a person responsible for public procurement, it is necessary to issue an order. The law does not establish any requirements for this document, a unified form has not been developed either, so you can draw it up in free form on the letterhead of the organization.

The order should refer to article 38 of the Law on the contract system, list one or more employees who are appointed to such a position. At the same time, you can approve the instructions for it, which defines the work responsibilities.

Job Responsibilities

The duties of a contract manager under 44 FZ are as follows:

implementation of procurement planning (market research of necessary goods, works or services, development of a procurement plan, schedule, making changes to them);
conducting procurement procedures (creating and posting in the Unified Information System notices, procurement documentation, a draft contract and sending invitations to participate in the selection of suppliers (contractors, performers) by closed methods);
the conclusion of the contract, its termination, as well as the introduction of amendments to it;
control over the execution of the contract, including the involvement of experts or expert organizations;
control over the terms and order of payment under the contract;
participation in claims work with contractors (if necessary);
other functions and powers in the framework of public procurement.

Job Description Example

When appointing a contract manager, job responsibilities can be fixed using the job description.

REGULATION OF WORK OF A CONTRACT MANAGER

What is a contract manager and what are his responsibilities?

Lobanova
procurement management consultant
Academy of Industrial Management. N.P. Pastukhov, Yaroslavl

The activities of the state in the fight against corruption and for increasing the transparency of budget expenditures require certain sacrifices. The result of such a struggle is the complication of individual business operations. As a result, in order to stay afloat, institutions have to constantly improve the skills of a number of specialists, and, if necessary, introduce new full-time positions.
At the same time, the manager faces the question: what job responsibilities should be assigned to the employee, and is it necessary to create a separate independent unit to implement the norms of the law?

The future belongs to professionals!

The fact that in state and municipal institutions professionals should be engaged in procurement, we have already told on the pages of our magazine. It's no secret that for most customers, regulated purchases are an additional procedural burden. First of all, this is due to the lack of qualified personnel and the high degree of staff turnover in procurement.
However, having decided to hire a specialist qualified in the field of procurement law, the head of the institution must solve a number of issues:
- how much work to entrust to such a specialist;
- is there enough work for one staff unit or do you need to open several rates;
— how to control the performance of the corresponding amount of work by a specialist/specialists?
Unfortunately, at present there are no recommendations recommended or approved by the relevant executive authorities on establishing the number and determining the complexity and volume of work performed by procurement specialists. Therefore, state and municipal institutions should conduct certain studies in this direction on their own.

Purchasing volume

Such studies should begin, first of all, with determining the volume of purchases of goods (works, services) carried out by a particular customer institution.
The customer, whose total annual volume of purchases exceeds one hundred million rubles, is obliged to create a contract service, while the creation of a separate structural unit as a staff unit is not mandatory. In other cases, the customer is obliged to appoint an official responsible for the implementation of the procurement or several procurements, including the execution of each contract (hereinafter referred to as the contract manager).

Re: Inclusion of a contract manager in the staff list

Alena Kukolkina» 08 Sep 2016, 15:24

AlenaKukolkina wrote: Is it necessary to include a contract manager in the staff list? Is it necessary to introduce a separate staff unit?

Both a contract manager and an employee of a contract service (including its head) can only be an employee of the customer (see part 1 - 3 of article 38 of Law N 44-FZ, paragraphs 6, 9 of the Model Regulation ( regulations) on contract service, approved by order of the Ministry of Economic Development of Russia dated October 29, 2013 N 631, letter of the Ministry of Economic Development of Russia dated January 31, 2014 N OG-D28-834).
Therefore, the assignment to employees of the functions and powers provided for in Part 4 of Art. 38 of Law N 44-FZ, is possible only in accordance with labor legislation (see also the answer to question 2 in the annex to the letter of the Ministry of Economic Development of Russia dated September 30, 2014 N D28I-1889).
At the same time, as follows from the letter of the Ministry of Economic Development of Russia dated September 17, 2014 N D28i-1782, the official who is entrusted with the duties of a contract service employee, contract manager, is the relevant subject, regardless of the title of the positions in the staff list. Accordingly, the customer can either enter into the staffing table certain positions of contract service workers, contract manager, or not do this.
Depending on whether individual positions are included in the staffing table, the ways in which the necessary functions and powers are assigned to contract service workers and the contract manager are also different. At the same time, new staff units can be introduced both in the case of the formation of a contract service in the form of a separate structural unit, and in the case when such a unit is not formed. In addition, in each of these cases, it is possible to assign the duties of a contract service worker to an already working employee.
Moreover, according to the opinion of the Ministry of Economic Development of Russia, reflected in a letter dated 04.06.2015 N D28i-1514, an already existing structural unit can be endowed with contract service functions, and it does not have to be called "contract service" in the staffing table (see, for example , p. 5 of the Regulations on the contract service of the Ministry of Justice of the Russian Federation, approved by order of the Ministry of Justice of Russia dated March 31, 2014 N 51, according to which the contract service is a separate structural unit - the Department of Case Management).
Consider each of the methods of laying on workers specified in Part 4 of Art. 38 of Law N 44-FZ of functions and powers.

Contract service under 44-FZ and contract manager

In the staff list of the customer, separate positions of contract service workers and a contract manager have been introduced.
In this case, it is implied that there are independent staff units in the customer's staffing table.
Occupation of vacant positions of employees of a contract service, a contract manager can be carried out by any of the methods provided for by the Labor Code of the Russian Federation, namely by:
– conclusion of an employment contract with the employee at the main place of work or part-time (internal or external);
- transfer of an already working employee to the appropriate position in the manner prescribed by Art. 72 - 72.2 of the Labor Code of the Russian Federation.
It is also possible to entrust an already working employee with additional work as a contract service employee or contract manager by combining positions in accordance with Art. 60.2 of the Labor Code of the Russian Federation. In such a situation, the staff unit will remain vacant.
In all these cases, work as a contract service employee, contract manager is paid (part one, article 15, part one, article 60.2, article 151 of the Labor Code of the Russian Federation).

2. The staff list of the customer does not provide for separate positions for employees of the contract service, contract manager.
In this case, only employees of the customer who are already working in other positions can perform the duties of employees of the contract service, the contract manager.
If initially the position of the employee does not imply the performance of the functions and powers provided for in Part 4 of Art. 38 of Law N 44-FZ, then within the framework of labor relations it is necessary to change the terms of the employment contract by agreement of the parties in the usual manner in accordance with Art. 72 of the Labor Code of the Russian Federation, as well as the job description. The change in wages in this case is also made by agreement of the parties. At the same time, there are no norms of the Labor Code of the Russian Federation obliging to increase wages when the scope of duties of an employee changes.
If the labor duties performed by the employee in accordance with the employment contract and job description do not differ from those that he must perform after obtaining the status of a contract worker or contract manager, then from the point of view of the Labor Code of the Russian Federation, the labor function does not change, which means that there is no need to amend the employment contract previously concluded with such an employee.
Nevertheless, amend the employment contract in the manner prescribed by Art. 72 or 74 of the Labor Code of the Russian Federation, will be required if a decision is made on:
- renaming the employee's position;
- renaming the structural unit in which the employee works, if the condition on the structural unit is a condition of the employment contract.

Regardless of the method chosen by the employer for formalizing relations with contract service employees, contract managers, the employer must ensure that the qualifications of such employees comply with regulatory requirements. According to part 6 of Art. 38 of Law N 44-FZ, contract service employees, a contract manager must have a higher education or additional professional education in the field of procurement.
In addition, in accordance with Art. 195.3 of the Labor Code of the Russian Federation if the Labor Code of the Russian Federation, 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. In other cases, the characteristics of the qualifications contained in professional standards are used by employers as the basis for determining the requirements for the qualifications of employees, taking into account the specifics of the labor functions performed by employees, due to the technologies used and the adopted organization of production and labor.
The professional standard "Specialist in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 625n, the professional standard "Expert in the field of procurement" was approved by order of the Ministry of Labor of Russia dated September 10, 2015 N 626n.
Thus, in terms of the qualification requirements established by Part 6 of Art. 38 of Law N 44-FZ, these professional standards are mandatory. It should be noted that these professional standards often establish more stringent requirements for the qualifications of employees than those provided for by the above norm of Law N 44-FZ. So, for example, in relation to employees performing duties assigned to individual generalized labor functions, there are requirements for work experience. These requirements under Art. 195.3 of the Labor Code of the Russian Federation are advisory in nature for the employer, since Law N 44-FZ does not establish them. A similar point of view is expressed in the letter of the Ministry of Economic Development of Russia dated June 27, 2016 N D28i-1744.AlenaKukolkinaSpecialist of the State Procurement Committee of the Republic of Tatarstan Messages: 450Registered: 01 Jul 2014, 10:34

The state budgetary institution needs to include the position of a procurement specialist in the staffing table. What is the correct name for this position: contract manager, procurement specialist, or something else? Is it possible to perform the work of a procurement specialist on a combination of positions? Thank you.

Answer

Answer to the question:

The position should be designated according to the professional standard - either a contract manager or a procurement specialist : http://budget.1kadry.ru/?utm_source=www..

You can apply for a combination for this position if there is a position in the SR (the rate or part of the rate), the employee agrees to additional work, the establishment of an additional payment by agreement of the parties and if the employee has the necessary qualifications.

The employee had to arrange additional work in combination with the establishment of an additional payment by agreement of the parties (Articles 60.2, 151 of the Labor Code of the Russian Federation).

In doing so, please note that the combined position (rate or at least part of the rate - depending on the amount of work) must be mandatory in the staff list.

According to Art. 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by an employment contract, with the exception of cases provided for by this Code and other federal laws.

In addition, changing the labor function in accordance with Art. 74 of the Labor Code of the Russian Federation is impossible.

The combination is executed for a specific position provided for in the staffing table and only with the written consent of the employee and with the establishment of an additional payment by agreement of the parties (Article 60.2.151 of the Labor Code of the Russian Federation) .

Experts from the Ministry of Labor come to similar conclusions. See Letters of the Ministry of Labor of Russia dated July 20, 2016 N 14-2 / V-688 and dated December 26, 2016 N 15-2 / OOG-4698.

Thus, the requirements for qualification, which is also a limitation in particular, are established for the following categories of workers:

employees in the field of public procurement within the framework of Law No. 44-FZ s (part 6 of article 38, part 23 of article 112 of the Law of April 5, 2013 No. 44-FZ).

In accordance with Part 1 of Art. 9 of the Federal Law of 05.04.2013 N 44-FZ, the contract system in the field of procurement provides for the implementation of the activities of a customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

According to part 2 of Art. 9 of Law N 44-FZ, customers, specialized organizations take measures to maintain and improve the level of qualification and professional education of officials involved in the field of procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation.

According to the Letter of the Ministry of Economic Development of Russia N 5594-EE / D28i, the Ministry of Education and Science of Russia N AK-553 / 06 of March 12, 2015 "On the direction of methodological recommendations", it is recommended to establish a minimum period for mastering the Programs advanced training regardless of the learning technologies used at least 108 hours.

In the case of the implementation of the Programs for the purpose of training the heads of customer organizations, the minimum training period for such Programs may be reduced to 40 hours.

Training under the Programs is recommended to be implemented in full-time, part-time and part-time form. When implementing Programs in full-time and part-time form, it is recommended to establish a full-time part of training in the amount of at least 40 hours of classroom work, except for the case established by clause 2.4 of these Methodological Recommendations. For the Programs provided for in paragraph 2.4 of these Methodological Recommendations, it is recommended to set the full-time part in the amount of at least 16 hours of classroom work.

According to the LETTER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF RUSSIA dated 06.04.2016 No. D28i-841 in accordance with part 23 of Article 112 of the Law until January 1, 2017, a contract service employee or contract manager may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods , performance of works, provision of services for state and municipal needs.

FROM January 1, 2017 such workers should have higher education or additional professional education in the field of procurement.

Although the Order of the Ministry of Health and Social Development of the Russian Federation of May 29, 2008 N 247n (as amended on December 11, 2008) "On the approval of professional qualification groups for industry-wide positions of managers, specialists and employees" (Registered with the Ministry of Justice of the Russian Federation on June 18, 2008 N 11858) does not contain such a position ( which, it should be noted, is a gap in the legislation), the professional standard directly indicates the possibility of just such a name: http://budget.1kadry.ru/?utm_source=www..

And in Art. 57 of the Labor Code of the Russian Federation there is a direct indication of the possibility of naming a position (and in some cases an obligation) in accordance with both professional standards and the CEN.

At the same time, the Letter of the Ministry of Economic Development of Russia dated November 14, 2016 N D28i-3064 states that enterprises in respect of which Law N 44-FZ comes into force on January 1, 2017 do not need to rename positions and change the staffing table. The creation of contract services, the appointment of contract managers is possible by amending the job descriptions, job regulations of individual employees of the enterprise without renaming the position, creating a separate structural unit.

But here we note that the Ministry of Economic Development is not authorized to give clarifications on the application of labor legislation (Decree of the Government of the Russian Federation of 06/05/2008 N 437 (as amended on 02/28/2017) "On the Ministry of Economic Development of the Russian Federation").

Regarding the remuneration of the contract manager:

In paragraph 11 of the Uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions for 2017 for positions of employees not included in professional qualification groups, the salaries (official salaries) are established depending on the complexity of the work in the form salary schemes (official salaries). If the staff list is agreed upon by the founder, then the introduction of the rate of the contract manager and the amount of his salary (rate) must be agreed with the founder.

Additionally, on your question (in terms of setting the salary of a contract manager), we recommend that you contact the Ministry of Labor, which is authorized to provide clarifications on the application of labor legislation.

Details in the materials of the System Personnel:

1. Answer:How to Apply Professional Standards

Appointment of professional standards

Why are professional standards developed?

The professional standard is a characteristic of the qualifications that an employee needs to perform work in a position (part 2 of article 195.1 of the Labor Code of the Russian Federation). The standard can be developed both for a specific position or profession, for example, for a welder, teacher, and for activities that include whole groups of related positions and professions, for example, personnel management, media, financial specialists.

Within 10 calendar days from the date of receipt of the draft professional standard by the Ministry of Labor of Russia:

informs its developer about the rejection or acceptance of the project for consideration;
posts a draft professional standard accepted for consideration on the website www.regulation.gov.ru for public discussion;
sends the draft professional standard to the relevant federal executive body that carries out legal regulation in the relevant field of activity, which prepares its comments and proposals on the draft.

The term of public discussion is no more than 15 calendar days from the date of posting the draft professional standard on the website. The federal body sends its comments and proposals on the draft professional standard to the Ministry of Labor of Russia also within 15 calendar days from the date of its receipt.

After that, the Ministry of Labor of Russia sends the draft professional standard, together with the results of its consideration by the federal body and the results of public discussion, to the National Council for Professional Qualifications. The National Council conducts an examination of the document and sends the appropriate expert opinion to the Ministry of Labor of Russia. At the legislative level, there is no time limit for such an examination. In practice, meetings of the National Council are held once every one or two months, that is, approximately the same time the examination of draft professional standards lasts.

Within seven calendar days after receiving the conclusion of the National Council, the Ministry of Labor of Russia decides to approve or reject the draft professional standard and informs the developer of the professional standard about the decision.

Such rules are provided for in paragraphs 13-15 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23.

On average, consideration and approval of a professional standard in practice lasts about three months (clauses 13–15 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23).

Information about approved professional standards is entered into a special register, the procedure for creating and maintaining which is established by the Ministry of Labor of Russia (clause 17 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23). The Ministry of Labor of Russia sends information about the approved professional standards to the Ministry of Education and Science of Russia within 10 days after their entry into force, so that their provisions are taken into account when developing federal state educational standards for vocational education (clause 19 of the Rules approved by the Decree of the Government of the Russian Federation of January 22, 2013 city No. 23).

Draft professional standards can be developed both at the expense of the employer’s own funds and at the expense of the federal budget on the basis of a state contract concluded in accordance with the Law of July 21, 2005 No. Government of the Russian Federation dated January 22, 2013 No. 23). So, for example, the list of projects of professional standards developed at the expense of the federal budget is indicated in the appendix to the order of the Ministry of Labor of Russia dated May 8, 2013 No. 200.

Update of professional standards

Question from practice: how often professional standards will be updated

As needed.

Changes to professional standards will be made in the presence of reasonable proposals or changes in the legislation of the Russian Federation. Changes to professional standards will be made in the same manner as approved by Decree of the Government of the Russian Federation dated January 22, 2013 No. 23. Such explanations are also given by specialists of the Ministry of Labor of Russia in paragraph 2 of the letter dated April 4, 2016 No. 14-0 / 10 / 13 -2253.

Application of professional standards

Which organizations are required to apply professional standards

Employers are required to apply professional standards in terms of:

job titles, if the performance of work by position is related to. In these cases, the title of the position must be indicated in accordance with the approved professional standard or qualification guides (Article 57 of the Labor Code of the Russian Federation, paragraph 5 of the letter of the Ministry of Labor of Russia dated April 4, 2016 No. 14-0 / 10 / 13-2253). If an employee is entitled to early retirement according to the list, and the position name in the professional standard does not correspond to the position name in the list and qualification directory,.
requirements for education, knowledge and skills. That is, if the qualification requirements that an employee needs to perform his job function are established by the Labor Code of the Russian Federation, federal laws or other regulatory legal acts (Law of May 2, 2015 No. 122-FZ).

Thus, qualification requirements, in particular, are established for the following categories of workers:

aviation personnel, aircraft crews (Articles 53, 56, 57 of the Air Code of the Russian Federation);
lawyers (Article 9 of the Law of May 31, 2002 No. 63-FZ);
auditors (Art. 4, 11 of the Law of December 30, 2008 No. 307-FZ);
actuaries and responsible actuaries (Article 7 of the Law of November 2, 2013 No. 293-FZ, Bank of Russia Directive of November 6, 2014 No. 3435-U);
actuaries who carry out actuarial evaluation of the activities of non-state pension funds (part 4 of article 21 of the Law of May 7, 1998 No. 75-FZ, Decree of the Government of the Russian Federation of April 10, 2007 No. 222);
arbitrators (arbitrators) (Article 11 of the Law of December 29, 2015 No. 382-FZ);
arbitration managers (Article 20 of the Law of October 26, 2002 No. 127-FZ);
drivers of organizations that carry out transportation by road and urban ground electric transport (Order of the Ministry of Transport of Russia dated September 28, 2015 No. 287);
divers (section 4 of the Intersectoral Rules for Occupational Safety during Diving Works, approved by Order of the Ministry of Health and Social Development of Russia dated April 13, 2007 No. 269);
psychiatrists, other specialists and medical workers providing psychiatric care (Article 19 of the Law of July 2, 1992 No. 3185-1);
who manage and coordinate activities related to trade (clause 1.3, article 13.2 of the Law of July 25, 2002 No. 115-FZ, order of the Ministry of Labor of Russia of September 23, 2013 No. 475n);
chief architects (part 5 of article 22 of the Law of November 17, 1995 No. 169-FZ);
chief accountants in open joint-stock companies, insurance organizations, non-state pension funds, joint-stock investment funds, management companies of mutual investment funds and other organizations whose securities are admitted to circulation at auction, management bodies of state extra-budgetary funds, including territorial ones (part 4 of Art. .7 of the Law of December 6, 2011 No. 402-FZ);
chief accountants of credit and non-credit financial institutions (clause 7, article 7 of the Law of December 6, 2011 No. 402-FZ);
chief accountants of an insurance, reinsurance company, insurance broker, mutual insurance company (Article 32.1 of the Law of November 27, 1992 No. 4015-1);
chief accountants of the auction organizer (Article 6 of the Law of November 21, 2011 No. 325-FZ);
chief accountants or other persons who are responsible for accounting, a clearing organization (Article 6 of the Law of February 7, 2011 No. 7-FZ);
chief accountants of the central depository (clause 4, article 5 of the Law of December 7, 2011 No. 414-FZ);
chief accountants of a housing savings cooperative (clause 2, part 1, article 51 of the Law of December 30, 2004 No. 215-FZ);
state civil and municipal employees (Article 12 of the Law of July 27, 2004 No. 79-FZ, Article 9 of the Law of March 2, 2007 No. 25-FZ);
air traffic controllers (clause 16 of the Federal Aviation Regulations, approved by order of the Ministry of Transport of Russia dated November 26, 2009 No. 216);
officials who are responsible for the implementation of internal control rules (Articles 7, 7.1 of the Law of August 7, 2001 No. 115-FZ, Decree of the Government of the Russian Federation of May 29, 2014 No. 492);
the sole executive body, his deputies, members of the collegiate executive body, chief accountant, deputy chief accountant of a credit institution, head, chief accountant of a branch of a credit institution (Article 60 of Law No. 86-FZ of July 10, 2002);
the sole executive body of a housing savings cooperative, including the head of the managing organization or the manager (clause 2, part 1, article 51 of the Law of December 30, 2004 No. 215-FZ);
foreign citizens who are sent to work in branches and subsidiaries located in Russia of foreign commercial organizations registered in the territory of WTO member states (subparagraph 2, paragraph 2, article 13.5 of the Law of July 25, 2002 No. 115-FZ, resolution Government of the Russian Federation dated April 30, 2015 No. 424);
cadastral engineers (part 2, article 29 of the Law of July 24, 2007 No. 221-FZ; order of the Ministry of Economic Development of Russia of March 15, 2010 No. 99);
controllers of a professional participant in the securities market (heads of the internal control service) (clause 17, article 38 of the Law of November 29, 2001 No. 156-FZ; section III of the Regulation approved by order of the FFMS of Russia of May 24, 2012 No. 12-32 / pz-n);
controllers of a specialized depository or heads of the internal control service of a specialized depository (clause 19, article 44 of the Law of November 29, 2001 No. 156-FZ; order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n);
mediators (Article 16 of the Law of July 27, 2010 No. 193-FZ);
physicians and pharmacists (Article 350 of the Labor Code of the Russian Federation, Article 69 of the Law of November 21, 2011 No. 323-FZ, Order of the Ministry of Health of Russia of February 10, 2016 No. 83n, Order of the Ministry of Health of Russia of October 8, 2015 No. 707n);
scientific workers and other workers who carry out scientific (scientific and technical) activities (Article 4 of the Law of August 23, 1996 No. 127-FZ);
notaries, notary assistants and notary trainees (Articles 2, 19, 19.1 of the Fundamentals of the Russian Federation Legislation on Notaries, approved by the Supreme Council of the Russian Federation on February 11, 1993 No. 4462-1);
operators to determine the relative content of serum
milk proteins (clause 10 of the Guidelines for determining the relative content of whey proteins in milk, approved by the head of Rospotrebnadzor, the Chief State Sanitary Doctor of the Russian Federation on February 11, 2009);
management bodies and employees of a professional participant in the securities market, a clearing organization (Article 10.1 of the Law of April 22, 1996 No. 39-FZ, Article 6 of the Law of February 7, 2011 No. 7-FZ);
appraisers (Art. 15, 21, 21.1, 21.2 of the Law of July 29, 1998 No. 135-FZ);
security guards (Article 11.1 of the Law of March 11, 1992 No. 2487-1);
skydivers-instructors (clause 21 of the Federal Aviation Regulations "Requirements for air traffic controllers and paratroopers-instructors", approved by order of the Ministry of Transport of Russia dated November 26, 2009 No. 216);
teachers and other employees of educational organizations (Article 331 of the Labor Code of the Russian Federation, Articles 46, 52 of the Law of December 29, 2012 No. 273-FZ). Professional standard "Teacher" January 1, 2017 (Order of the Ministry of Labor of Russia dated December 25, 2014 No. 1115n);
personnel (specialists) in the field of non-destructive testing (paragraph 8, clause 1, article 9 of the Law of July 21, 1997 No. 116-FZ; sections II and III of the Rules approved by the Resolution of the Gosgortekhnadzor of Russia of January 23, 2002 No. 3);
representatives of the bankruptcy trustee (liquidator) of the financial organization (Appendix 3 to the Regulation approved by the decision of the Board of the State Corporation "Deposit Insurance Agency" dated March 31, 2014, protocol No. 38);
prosecutors (Article 40.1 of the Law of January 17, 1992 No. 2202-1);
employees whose activities are related to the use of atomic energy (Articles 38, 52 of the Law of November 21, 1995 No. 170-FZ);
employees of the officers and ratings of the vessels of the fishing fleet of the Russian Federation who carry out navigational, engine watch (order of the State Committee for Fisheries of Russia dated May 21, 2002 No. 202, order of the Ministry of Transport of Russia dated March 15, 2012 No. 62);
employees, other than ship crew members, who are responsible for ensuring the safe operation of ships (sections 2, 3 of the Rules approved by Order of the Ministry of Transport of Russia dated September 11, 2013 No. 287);
workers employed in underground work (part 1 of article 330.2 of the Labor Code of the Russian Federation);
workers employed in work with chemical weapons (Article 7 of the Law of November 7, 2000 No. 136-FZ);
workers employed in work that is directly related to traffic (Article 328 of the Labor Code of the Russian Federation);
employees in the field of public procurement within the framework of Law No. 44-FZ s (part 6 of article 38, part 23 of article 112 of the Law of April 5, 2013 No. 44-FZ);
workers in the field of professional consulting, professional selection (selection), psychodiagnostics and correction (clause 8 of the Regulations approved by the Decree of the Ministry of Labor of Russia dated September 27, 1996 No. 1);
employees responsible for ensuring the safe operation of ships (clause 3, article 34.1 of the Code of Inland Water Transport of the Russian Federation dated March 7, 2001 No. 24-FZ; section 3 of the Rules approved by order of the Ministry of Transport of Russia dated September 11, 2013 No. 287);
employees who carry out state port control (clause 5, article 38.1 of the Law of March 7, 2001 No. 24-FZ);
employees who provide free legal assistance (Article 8 of the Law of November 21, 2011 No. 324-FZ);
employees who perform the functions of the sole executive body of a non-state pension fund, members of the collective executive body of the fund, controllers (heads of the internal control service) of a non-state pension fund (clause 4, article 6.2 of the Law of May 7, 1998 No. 75-FZ);
employees who perform the functions of the sole executive body managing mortgage coverage and a specialized depository, and employees of these organizations (paragraph 6, part 1, article 43 of the Law of November 11, 2003 No. 152-FZ, paragraph 12, article 44 of the Law of 29 November 2001 No. 156-FZ, order of the Federal Financial Markets Service of Russia dated January 28, 2010 No. 10-4/pz-n);
employees who perform, including temporarily, the functions of the sole executive body, his deputies, members of the collegial executive body, controllers (heads of the internal control service) of a credit rating agency (parts 1 and 4 of article 7 of the Law of July 13, 2015 No. 222-FZ);
workers who work at a hazardous production facility (clause 1, article 9 of the Law of July 21, 1997 No. 116-FZ);
workers (specialists who have a higher or secondary specialized education, and personnel - persons of working professions) who carry out installation, adjustment, repair, reconstruction or modernization of permanently installed lifting mechanisms during the operation of hazardous production facilities (section II of the Federal Norms and Rules in the field of industrial safety, approved by order of Rostekhnadzor dated November 12, 2013 No. 533);
employees who perform the functions of the sole executive body, members of the board of directors (supervisory board) and members of the collective executive body of the clearing organization, heads of its branch, an official or heads of a separate structural unit responsible for organizing the risk management system, heads of the internal audit service, controllers ( heads of the internal control service), heads of the structural unit created for clearing (Article 6 of the Law of February 7, 2011 No. 7-FZ, order of the Federal Financial Markets Service of Russia of October 4, 2012 No. 12-84/pz-n, part 2 article 6 of the Law of November 21, 2011 No. 325-FZ);
employees who perform the functions of the sole executive body, members of the board of directors (supervisory board) and members of the collegial executive body of the trade organizer, heads of its branch, officials responsible for organizing the risk management system (heads of a separate structural unit responsible for organizing the risk management system) , heads of the internal audit service, controllers (heads of the internal control service), heads of a structural unit created for organized trading activities (part 2 of article 6 of the Law of November 21, 2011 No. 325-FZ, order of the Federal Financial Markets Service of Russia of October 4 2012 No. 12-84/pz-n);
employees who perform the functions of the sole executive body of a joint-stock investment fund (clause 3, article 8 of the Law of November 29, 2001 No. 156-FZ, order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n);
employees who perform the functions of the sole executive body of the management company (clause 9, article 38 of the Law of November 29, 2001 No. 156-FZ, order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n);
employees of organizations subordinate to the Federal Courier Service of the Russian Federation (order of the State Fiscal Service of Russia dated September 28, 2007 No. 296);
employees of trade organizers in the commodity or financial markets (Article 6 of the Law of November 21, 2011 No. 325-FZ, order of the Federal Financial Markets Service of Russia of October 4, 2012 No. 12-84/pz-n, Part 2 of Article 6 of the Law of November 21, 2011 No. 325-FZ);
employees of the management bodies of the central depository (parts 2, 4, article 5, parts 1, article 6 of the Law of December 7, 2011 No. 414-FZ; order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n , order of the Federal Financial Markets Service of Russia dated March 20, 2012 No. 12-14 / pz-n);
forex dealer employees (Articles 10.1, 42 of Law No. 39-FZ of April 22, 1996, Bank of Russia Directive No. 3770-U of September 1, 2015);
auditors-consultants of the auditing union of agricultural cooperatives (Article 32 of the Law of December 8, 1995 No. 193-FZ);
registrars who carry out state registration of rights to aircraft and transactions with them (Article 8 of the Law of March 14, 2009 No. 31-FZ, Decree of the Government of the Russian Federation of February 27, 2010 No. 100);
heads of the credit institution, the risk management service, the internal control service, the internal audit service of the credit institution and other managers (employees) who make decisions on the performance of operations and other transactions by the credit institution (clause 6, article 11.1-1 of the Law of December 2, 1990 No. 395-1, Instruction of the Bank of Russia dated April 1, 2014 No. 3223-U, etc.);
heads and members of specialized bodies that exercise control over cadastral activities by members of a self-regulatory organization of cadastral engineers (clause 6, part 4, article 30.1 of the Law of July 24, 2007 No. 221-FZ);
heads of a specialized non-profit organization (regional operator), which carries out major repairs of common property in apartment buildings (part 6 of article 178 of the Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ; order of the Ministry of Construction of Russia of July 27, 2015 No. 526 /etc);
leaders of the association of private detective enterprises (Article 8 of the Law of March 11, 1992 No. 2487-1);
heads of the body that controls the activities of members of a self-regulatory organization as arbitration managers in a bankruptcy case (paragraph 8, clause 7, article 21.1 of the Law of October 26, 2002 No. 127-FZ);
heads of the body that controls the activities of members of the self-regulatory organization of electronic marketplace operators (subclause 6, clause 6, article 111.3 of the Law of October 26, 2002 No. 127-FZ);
heads of a self-regulatory organization in the financial market (Article 24 of the Law of July 13, 2015 No. 223-FZ);
leaders of a consumer cooperation organization created by consumer societies or unions (clause 5, article 6 of the Law of June 19, 1992 No. 3085-1);
heads of the financial body of the constituent entity of the Russian Federation and local administration bodies (Article 26.22 of the Law of October 6, 1999 No. 184-FZ "On the general principles of organizing legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation", Decree of the Government of the Russian Federation of November 6, 2004 city No. 608);
heads of a private security organization (Article 15.1 of the Law of March 11, 1992 No. 2487-1);
welders and specialists in welding production (Rules approved by the Decree of the Gosgortekhnadzor of Russia dated October 30, 1998 No. 63);
employees of the internal affairs bodies (Article 9 of the Law of November 30, 2011 No. 342-FZ);
employees of the Investigative Committee of Russia (Article 16 of the Law of December 28, 2010 No. 403-FZ);
rescuers in professional emergency rescue services, professional emergency rescue teams (Article 9 of the Law of August 22, 1995 No. 151-FZ);
specialists in the field of veterinary medicine (Article 4 of the Law of May 14, 1993 No. 4979-1);
specialists and officials of insurance organizations (Article 32.1 of the Law of November 27, 1992 No. 4015-1);
specialists who are included in expert commissions for the state examination of declarations of safety of navigable hydraulic structures (clause 18 of the Regulations on the declaration of safety of hydraulic structures, approved by Decree of the Government of the Russian Federation of November 6, 1998 No. 1303; order of the Ministry of Transport of Russia of October 16, 2014 No. 288);
specialists in independent fire risk assessment (clause 5 of the Procedure approved by order of the Russian Emergencies Ministry dated November 25, 2009 No. 660);
specialists in customs operations (Articles 63, 64 of the Law of November 27, 2010 No. 311-FZ);
labor protection specialists (part 1 of article 217 of the Labor Code of the Russian Federation);
financial market specialists (Article 42 of the Law of April 22, 1996 No. 39-FZ, Order of the Federal Financial Markets Service of Russia of January 28, 2010 No. 10-4/pz-n);
bailiffs (Article 3 of the Law of July 21, 1997 No. 118-FZ);
judges (Article 4 of the Law of June 26, 1992 No. 3132-1);
technical experts of the technical inspection operator (clause 13, article 1 of the Law of July 1, 2011 No. 170-FZ);
private detectives (Article 6 of the Law of March 11, 1992 No. 2487-1, Decree of the Government of the Russian Federation of August 14, 1992 No. 587);
private security guards (Article 11 of the Law of March 11, 1992 No. 2487-1, Decree of the Government of the Russian Federation of August 14, 1992 No. 587);
crew members of an inland water transport vessel (Article 27 of the Code of Inland Water Transport of the Russian Federation, Decree of the Government of the Russian Federation of May 31, 2005 No. 349);
members of the crew of sea vessels (Article 54 of the Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ, order of the Ministry of Transport of Russia dated March 15, 2012 No. 62, order of the Ministry of Transport of Russia dated October 22, 2009 No. 185);
experts in state forensic institutions (Article 13 of the Law of May 31, 2001 No. 73-FZ);
experts in the accreditation of educational activities (part 13 of article 92 of the Law of December 29, 2012 No. 273-FZ, order of the Ministry of Education and Science of Russia of May 20, 2014 No. 556);
experts in the field of industrial safety (paragraph 11, article 1 of the Law of July 21, 1997 No. 116-FZ "On the industrial safety of hazardous production facilities");
experts in conducting state historical and cultural expertise (section II of the Regulations approved by order of the Ministry of Culture of Russia dated August 26, 2010 No. 563);
experts in assessing the scientific, medical and ethical aspects of clinical trials of medicinal products for medical use (clause 15 of the Regulations on the Ethics Council, approved by order of the Ministry of Health of Russia dated November 29, 2012 No. 986n);
experts of the self-regulatory organization of appraisers (Article 16.2 of the Law of July 29, 1998 No. 135-FZ);
experts of the Council for Ethics in the Sphere of Circulation of Medical Devices (clause 16 of the Regulations on the Council for Ethics in the Sphere of Circulation of Medical Devices, approved by Order of the Ministry of Health of Russia dated February 8, 2013 No. 58n);
expert technicians who conduct an independent technical examination of vehicles (Order of the Ministry of Transport of Russia No. 124, the Ministry of Justice of Russia No. 315, the Ministry of Internal Affairs of Russia No. 817, the Ministry of Health and Social Development of Russia No. 714 dated October 17, 2006).

Accordingly, if professional standards are approved for the specified positions or areas of activity, then employers are required to comply with them, including the requirements for qualifications.

For example, from July 1, 2016, all audit organizations, as well as individual auditors - employers are required to apply the auditor's professional standard. This is also indicated by specialists of the Ministry of Finance of Russia in an information message dated December 16, 2015.

At the same time, taking into account that not all companies have time to switch to professional standards, separate orders of the Ministry of Labor began to appear on the postponement of the implementation of standards.

Currently, an exception is provided for the professional standard "Teacher", approved by order of the Ministry of Labor of Russia dated October 18, 2013 No. 544n. It comes into force only on January 1, 2017 (order of the Ministry of Labor of Russia dated December 25, 2014 No. 1115n). This means that organizations that have teaching staff positions can defer them until January 1, 2017. Similar recommendations are contained in the letter of the Ministry of Education and Science of Russia dated March 3, 2015 No. 08-241.

Also, until January 1, 2017, an employee of a contract service or a contract manager may have a professional or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs. And from January 1, 2017, they must already have higher education or additional professional education in the field of procurement. This is stated in paragraph 6 of article 38 and part 23 of article 112 of the Law of April 5, 2013 No. 44-FZ. Similar explanations are given by specialists of the Ministry of Economic Development of Russia in a letter dated April 6, 2016 No. D28i-841.

The timing of the mandatory introduction of professional standards is also.

In other cases, if the qualification requirements are not established by law, professional standards continue to be advisory in nature.

In addition, at their discretion, employers continue to focus on qualification directories or switch to professional standards (if approved) to resolve issues:

billing of works (parts 8, 9 of article 143 of the Labor Code of the Russian Federation);
wages for employees of state and municipal institutions (part 5 of article 144 of the Labor Code of the Russian Federation).

Question from practice: which organizations are required to apply the requirements of professional standards: all employers or only state and municipal institutions

Mandatory application of the requirements of professional standards is established for (Article 57 of the Labor Code of the Russian Federation, Law of May 2, 2015 No. 122-FZ). The general rules that govern the application of professional standards do not establish the dependence of the application of standards on the form of ownership of the organization or the status of the employer.

At the same time, state and municipal institutions, extra-budgetary funds, state and unitary enterprises, as well as state corporations and state-owned companies with a state share of more than 50 percent can postpone the mandatory application of professional standards in terms of the requirement for the qualifications of employees. They have the right to introduce professional standards in stages until January 1, 2020 on the basis of. Such a procedure is provided for in paragraphs 1, 2 of the Decree of the Government of the Russian Federation of June 27, 2016 No. 584.

In particular, all federal state, unitary and state institutions had to approve the schedules for the implementation of standards by May 20 inclusive and submit them to the executive authority in charge of them. The relevant instructions were given by Lyubov Yeltsova at a special seminar organized for federal bodies. For more details, see the website of the Ministry of Labor of Russia on April 27, 2016. Similar explanations were given by specialists of the Ministry of Labor of Russia in paragraph 7 of the letter dated April 4, 2016 No. 14-0/10/13-2253.

In addition, the Ministry of Labor of Russia has prepared a bill that establishes certain features of the application of professional standards by state and municipal institutions, state non-budgetary funds, as well as state corporations and companies, more than 50 percent of which are owned by the state. According to the draft, such organizations will be required to apply the standards, like commercial organizations, only in accordance with Article 57 of the Labor Code of the Russian Federation and Law No. 122-FZ of May 2, 2015. At the same time, the characteristics of qualifications in professional standards, which are not necessarily applied, can be used by employers as a basis for determining the requirements for the qualifications of employees, taking into account the characteristics of their labor functions. If an employee does not have the necessary level of education and work experience required by the professional standard, but has all the necessary skills, the employer can entrust him with work in this position on the basis of. When organizing employee training and additional professional education, employers, according to the project, should also be guided by the provisions of professional standards.

Question from practice: is an organization obliged to apply the professional standard "Specialist in the field of procurement" if it makes purchases only for corporate purposes

No, you don't have to.

The professional standard "Specialist in the field of procurement", approved by order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n, s, is required to be applied by contract service workers and contract managers (Article 9, Part 6, Article 38, Part 23, Article 112 Law of April 5, 2013 No. 44-FZ). That is, the professional standard of a specialist in the field of procurement of an organization in the procurement of goods, works or services to meet state and municipal needs in accordance with the Law of April 5, 2013 No. 44-FZ.

If the employer does not act as a customer in procurement for state needs or does not make purchases for state needs, then the requirement of the Law of April 5, 2013 No. 44-FZ and the obligation to apply the professional standard of a specialist in the field of procurement do not apply to the organization. For example, a commercial organization makes purchases for its corporate purposes. Also, certain legal entities are not required to apply the professional standard of a specialist in the field of procurement when purchasing goods, works or services in accordance with the Law of July 18, 2011 No. 223-FZ. For example, such legal entities include organizations that carry out regulated activities in the field of electricity supply, gas supply, heat supply and water supply (clause 2, article 1 of the Law of July 18, 2011 No. 223-FZ).

Such clarifications are given by specialists of the Ministry of Economic Development of Russia in a letter dated June 21, 2016 No. D28i-1536.

Question from practice: the occupational standard applies to all types of activities specified in the OKVED group, or only to one OKVED, which is registered in the occupational standard

Yes, for all activities listed in the group.

The obligatory application of the requirements of professional standards is established for those provided for in Article 57 of the Labor Code of the Russian Federation and the Law of May 2, 2015 No. 122-FZ.

OKVED uses a hierarchical classification method and a sequential coding method. The code for grouping types of economic activity consists of two to six digits. Its structure can be represented as follows:

– XX – class;

– XX.X – subclass;

– XX.XX – group;

- XX.XX.X - subgroup;

- XX.XX.XX - view.

Thus, the effect of the professional standard applies to all types of economic activity specified in the relevant OKVED group (OKVED, approved by order of Rostekhregulirovanie dated November 22, 2007 No. 329-st).

For example, in the professional standard "Specialist in the operation of water intake facilities" OKVED is indicated - 41.00. In the organization, the permitted type of activity is 41.00.2. Code 41.00 is a group of types of economic activity, which includes two subgroups: 41.00.1 and 41.00.2. Accordingly, code 41.00, which is indicated in the professional standard, includes all subgroups of economic activities included in this group. Therefore, an organization with OKVED 41.00.2 can be fully guided by the specified professional standard, taking into account the application of the document.

Question from practice: can an employer set requirements for applicants higher than in the professional standard

Yes maybe. Responsibility and authority to make personnel decisions lie entirely with the employer. The requirements in the professional standard are the recommended general set of knowledge that a “universal” employee may have. The employer has the right to demand from him to know something more based on the specifics of the organization's activities, for example, foreign languages. Such requirements should be fixed in the local documents of the organization, for example, in (Article 8 of the Labor Code of the Russian Federation). Similar conclusions can be drawn from the letter of the Ministry of Labor of Russia dated April 4, 2016 No. 14-0/10/13-2253.

The employer, also taking into account the specifics of the activity, can expand the list of labor actions for individual positions, professions, specialties in comparison with the list provided for by the professional standard for the relevant labor functions. For example, due to labor functions and labor actions from other generalized labor functions of one professional standard or labor functions from related professional standards. In this case, the employer determines the employee's compliance with the requirements for education and training, practical work experience and special conditions for admission to work, including taking into account the provisions of professional standards that provide for these labor activities.

Is the position of "Contract Manager" approved in the Unified Tariff and Qualification Directory? Can a budgetary institution introduce such a position into the staff list and what should be followed when setting the official salary for such an employee?

Answer

Answered by Galina Khalturina, expert

You might be interested in: job description of the leading accountant of a budgetary institution.

Yes, a budgetary institution has the right to introduce the position of a contract manager into the staff list. There is no position of "purchasing specialist" in the TCS and in professional qualification groups. The amount of official salaries depends on which professional qualification group the positions occupied belong to. If the position is not included in the PKG, then set the amount of the official salary depending on the complexity of the work. At the same time, taking into account the requirements for the qualification level of the contract manager and his functional duties (Article 38 of the Law of April 5, 2013 No. 44 FZ).

The contract manager may be an employee of the institution, holding any position, with a special education. It is not necessary to allocate a separate position of a contract manager in the staff list of the customer. By order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n, the professional standard "Specialist in the field of procurement" was approved. Order No. 625-n indicates possible job titles. Accordingly, we can conclude that it is possible to indicate both the names of the positions listed in it, and others at the discretion of the customer.

From July 1, 2016, it is mandatory to use these professional standards in terms of the requirements for education, knowledge and skills of a contract manager and contract service employees. After all, in the legislation on procurement there are requirements for their qualifications. Such explanations are given by the Ministry of Economic Development of Russia in a letter dated April 6, 2016 No. D28i-841.

In practice, in institutions, procurement (including the maintenance of documentation under 44-FZ and 223-FZ) is carried out by economists, lawyers, contract specialists. However, if the staff is small and there are no such positions, then any employee of the institution (for example, a specialist in the administrative and economic department) can be charged with the duties of a contract manager.

The duties and powers conferred on the contract manager are listed in Article 38 of Law 44-FZ.

Also in this case, it should be taken into account that if labor legislation connects the provision of compensations and benefits (early retirement, additional leave) with the performance of work in certain positions or professions or establishes any restrictions, then the names of such positions and professions must correspond to qualification reference books. The specified correspondence should be observed both in the employment contract with the employee, where his position (performance of work by profession) will be indicated, and in the organization's staffing table. If the name of the position in the cases discussed above does not correspond to the directories, the employee will lose his rights to benefits.

What salary can be paid to a contract manager at a school in the staffing table, on the basis of what calculation?

Answer

This issue is not regulated at the federal level. The calculation of the salary of the contract manager at the school is the responsibility of the employer.

Rationale

<…>Normative costs for the provision of state (municipal) services are approved in the manner established by the state authority of the constituent entity of the Russian Federation, in compliance with the general requirements determined by the Ministry of Education and Science of Russia.<…>

It is possible that the institution is subject to the Decree of the Government of the Chelyabinsk Region dated September 11, 2008 "On the introduction of new wage systems for employees of regional budgetary, autonomous and state institutions and state authorities of the Chelyabinsk Region, whose remuneration is currently carried out on the basis of the Unified tariff scale according to remuneration of employees of regional state institutions", we recommend that you check with the founder. At the same time, this legal act