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Order of the Ministry of Labor and social protection RF dated December 19, 2016 No. 758n “On approval of the Model Regulations on the Council for professional qualifications and the Procedure for empowering the Council for Professional Qualifications to organize an independent assessment of qualifications for a certain type professional activity and termination of these powers"
In accordance with paragraph 1 of part 1 of article 9 Federal Law dated July 3, 2016 No. 238-FZ “On independent assessment of qualifications” (Collection of legislation Russian Federation, 2016, No. 27, art. 4171) order:
Approve:
Sample regulations on the Council for Professional Qualifications according to;
The procedure for vesting the Council for Professional Qualifications with powers to organize an independent assessment of qualifications for a certain type of professional activity and termination of these powers in accordance with.
Registration No. 45043
Appendix No. 1
to the Ministry of Labor
and social protection of the Russian Federation
dated December 19, 2016 No. 758n
1. This Model Regulation defines the functions, rights, responsibilities and operating procedures of professional qualifications councils (hereinafter referred to as the Council).
Based on this Model Regulation, regulations on Councils are being developed.
2. The Council is a governing body created on the basis of all-Russian and other associations of employers, associations (unions) and other organizations representing and (or) uniting professional communities.
3. The Council in its activities is guided by federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, regulatory legal acts The Ministry of Labor and Social Protection of the Russian Federation (hereinafter referred to as the Ministry), decisions of the National Council under the President of the Russian Federation for Professional Qualifications (hereinafter referred to as the National Council) and this model Regulation.
4. The Council performs the following functions:
a) monitoring the labor market at least once every 2 years, ensuring its needs for qualifications and professional education;
b) development and updating professional standards And qualification requirements;
c) conducting an examination of federal state educational standards vocational education, approximate basic professional educational programs and their projects, assessing their compliance with professional standards, preparing proposals for improving the specified standards of professional education and educational programs;
d) organization of professional and public accreditation of basic professional educational programs, basic programs vocational training and (or) additional professional programs;
e) organization of an independent assessment of the qualifications of workers or persons applying for a certain type of work labor activity(hereinafter referred to as applicants, independent assessment of qualifications) for a certain type of professional activity, including:
development of draft names of qualifications and qualification requirements, for compliance with which it is planned to conduct an independent assessment of qualifications, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam for the relevant qualification;
conducting the selection of organizations to perform the functions of qualification assessment centers (hereinafter referred to as the Center), empowering them to conduct an independent assessment of qualifications and verifying the information provided by these organizations during their selection and empowerment;
organizing the development and approval of assessment tools for the relevant qualifications, which are used by the Centers when conducting a professional exam for the relevant qualification;
posting on its official website on the information and telecommunications network “Internet” (hereinafter referred to as the “Internet”) the procedure for assessing the qualifications of the Center’s experts who plan to participate in the professional examination and organizing the assessment of their qualifications;
determination for each Center of the name of the qualifications for which an independent assessment of qualifications will be carried out;
monitoring and control of the activities of the Centers;
making decisions on termination of powers of the Centers;
verification, processing and recognition of the results of an independent assessment of qualifications, making decisions on the issuance of certificates of qualifications by the Center;
carrying out, by decision of the National Council, an independent assessment of qualifications;
creation and organization of the activities of an appeal commission to consider complaints related to the results of a professional examination and the issuance of a certificate of qualification;
ensuring that information is placed in the register of information on independent qualification assessments;
f) formation of publicly accessible information resources containing information about the activities of the Council.
5. The Council has the right:
a) request from the National Council, the Ministry, the autonomous non-profit organization “National Agency for the Development of Qualifications” (hereinafter referred to as the National Agency), other Councils, information necessary for the work of the Council;
b) invite members of the National Council, representatives of the National Agency, members of other Councils to meetings of the Council;
c) involve experts in the work of the Council on issues subject to consideration by the Council, create commissions and working groups to solve problems within the competence of the Council;
d) publish information about the activities of the Council on the official websites of organizations on the Internet, whose representatives are members of the Council.
6. The Council is obliged:
a) annually, before March 1 of the year following the reporting period, send to the National Council and the National Agency a report on the activities of the Council for the past calendar year;
b) provide information about their activities at the request of the National Council, the Ministry and the National Agency;
c) in case of termination legal entity exercising the Center’s powers to ensure the fulfillment of outstanding obligations to applicants for whom the qualification assessment procedure has not been completed;
d) inform the National Council in advance (at least 3 months in advance) about changes in the name of the organization and its details on the basis of which the Council was created;
e) if the National Council makes a decision to terminate the Council’s exercise of powers, transfer the Council’s archival documents to the National Agency.
7. The Council includes representatives of all-Russian and other associations of employers, associations (unions) and other organizations representing and (or) uniting professional communities, collectively operating in the territories of more than half of the constituent entities of the Russian Federation and (or) representing more than fifty percent workers engaged in a certain type of professional activity, as well as representatives trade unions(their associations), educational, scientific and other organizations.
8. The Council consists of a chairman, deputy chairmen (no more than two) and members of the Council.
The number of members of the Council cannot exceed 31 people.
The Secretary of the Council is appointed by the Chairman of the Council from among the members of the Council or representatives of the organization on the basis of which the Council was created.
In the absence of the Chairman of the Council, his functions are performed by one of his deputies, who is determined by the Chairman of the Council.
9. Meetings of the Council are held as necessary, but at least once a quarter.
A meeting of the Council is considered valid if at least half of the Council members are present.
10. A member of the Council, if it is impossible to attend a meeting in person, has the right to participate in the meeting remotely using information and communication technologies that provide two-way transmission of video and audio signals, or to present his opinions on the issues under consideration in advance in writing or in the form of an electronic document signed electronic signature.
11. Decisions of the Council are made by a majority vote of the Council members participating in the meeting, including in the forms provided for by these Regulations, taking into account the opinions of absent Council members (if any) presented in writing or in the form of an electronic document. In case of equality of votes, the vote of the person presiding at the meeting of the Council is decisive.
12. Decisions made at a meeting of the Council are documented in minutes, which are signed by the chairman or his deputy presiding at the meeting.
13. Decisions of the Council are stored on paper or in in electronic format within three years, the decision to issue the applicant a certificate of qualification - during the validity period of this certificate and three years after the expiration of the specified period.
14. In order to ensure information openness of its activities, the Council publishes on the official website of the organization on the basis of which the Council was created, information about the activities of the Council, its personnel, the location of the organization on the basis of which the Council was created (mailing address, address Email, contact telephone numbers), requirements for the activities of the Centers, information about the appeal commission (postal address, email address, contact telephone numbers).
15. The Council has a form with its name, approved by the National Council.
16. Financial support for the activities of the Council is carried out at the expense of the own funds of the organization on the basis of which the Council was created, and other sources not prohibited by the legislation of the Russian Federation.
Appendix No. 2
to the Ministry of Labor
and social protection of the Russian Federation
dated December 19, 2016 No. 758n
The procedure for vesting the Council for Professional Qualifications with powers to organize an independent assessment of qualifications for a certain type of professional activity and termination of these powers
1. This Procedure determines the rules for vesting professional qualifications councils (hereinafter referred to as the Council) with the authority to organize an independent assessment of the qualifications of workers or persons applying for a certain type of labor activity (hereinafter referred to as the independent assessment of qualifications) for a certain type of professional activity and the termination of these powers .
2. By decision of the National Council under the President of the Russian Federation for Professional Qualifications (hereinafter referred to as the National Council), the Council may be vested with the following powers on issues related to the development of the system of professional qualifications in the Russian Federation, including:
a) monitoring the labor market, ensuring its needs for qualifications and vocational education;
b) development and updating of professional standards and qualification requirements;
c) organizing an independent assessment of qualifications for a certain type of professional activity;
d) conducting an examination of federal state educational standards for vocational education, exemplary basic professional educational programs and their projects, assessing their compliance with professional standards, preparing proposals for improving these standards of vocational education and educational programs;
e) organization of professional and public accreditation of basic professional educational programs, basic vocational training programs and (or) additional professional programs.
3. The Council is vested with powers for certain types of professional activities related to the field of professional activities defined by the legislation of the Russian Federation.
4. The decision to vest the Council with the authority to organize an independent assessment of qualifications for a certain type of professional activity is made on the basis of an initiative appeal addressed to the chairman of the National Council of All-Russian and other associations of employers, associations (unions) and other organizations representing and (or) uniting professional communities (hereinafter referred to as associations of employers and professional communities), collectively operating in the territories of more than half of the constituent entities of the Russian Federation and (or) representing more than fifty percent of workers engaged in a certain type of professional activity (hereinafter referred to as the applicant organization).
5. Treatment includes following documents and information:
a) an application for vesting the Council with the powers specified in this Procedure, containing the following information about the applicant organization:
full name of the applicant organization;
location address;
taxpayer identification number;
main state registration number;
the address of the official website of the applicant organization on the information and telecommunications network “Internet” (hereinafter referred to as the “Internet” network);
E-mail address;
contact phone number, fax number (if available);
b) documents confirming the readiness of other interested organizations to participate in the work of the Council;
c) the type of professional activity proposed to fall under the jurisdiction of the Council;
d) the name of the qualification for which it is planned to organize an independent assessment of qualifications;
e) information about the personal composition of the Council and the Chairman of the Council (indicating the last name, first name, patronymic (if any), position and place of work (if any), with personal statements of consent to be a member of the Council and indicating the names of organizations represented by members of the Council ;
f) an explanatory note about the experience of the applicant organization and other interested organizations in the field of development of professional qualifications with the attachment of documents and materials confirming this experience, or links to them on the Internet;
g) regulations on the Council;
h) draft work plan of the Council for the calendar year.
6. The appeal is sent to the National Council by mail, or submitted by an authorized representative of the applicant organization, or sent using the Internet in the form electronic documents signed with an electronic signature. Postal and email addresses for submission of documents are posted on the website of the National Council.
7. An appeal received by the National Council is sent to the autonomous non-profit organization “National Agency for the Development of Qualifications” (hereinafter referred to as the National Agency) for consideration for compliance with the list of documents and information specified in this Procedure.
8. The National Agency, within 30 calendar days from the date of receipt of the application, considers it and informs the applicant organization about accepting the application for consideration on the merits or rejecting the application (in case of provision of incomplete or unreliable information).
9. The National Agency, within 45 calendar days, sends the appeal, accepted for consideration on its merits, to the National Council with prepared proposals on the possibility of vesting the applicant organization with the powers of the Council.
10. Within 100 calendar days, the National Council, taking into account the proposals of the National Agency, makes a decision to vest the Council with powers, including approval of its personnel (hereinafter referred to as the decision), or to reject the application.
11. The National Council may reject an application on the following grounds:
a) on the date of the application there are Councils that are vested with powers for the type (types) of professional activity specified in the application;
b) participation in the Council of a significant number of associations of employers and professional communities (in the absence of an association of employers) is not ensured in accordance with Appendix No. 1 to this order.
12. The National Agency, within 10 calendar days after receiving the decision of the National Council, informs the applicant organization about the results of consideration of the application by the National Council.
13. Expanding the powers of the Council, making changes to the list of types of professional activities within the jurisdiction of the Council, to the personal composition of the Council is carried out in the same manner as vesting the Council with powers. In this case, the applicant organization submits an application, including documents and information in the relevant part.
14. The powers of the Council may be terminated by a decision of the National Council in the event of:
a) non-compliance of the activities of the Council with the functions established in Appendix No. 1 to this order;
b) the applicant organization submits knowingly false information to empower the Council, as well as when the Council submits reports or other information to the National Council, the Ministry of Labor and Social Protection of the Russian Federation, the National Agency;
c) failure to eliminate violations identified during monitoring and control in the field of independent qualification assessment in accordance with the legislation of the Russian Federation.
Document overview
On January 1, 2017, the Law on Independent Qualification Assessment came into force, according to which qualification assessments for certain professions are organized by professional qualifications councils.
Approximate regulations on such advice have been approved. Its functions, rights, responsibilities and operating procedures are defined.
Rules have also been established for vesting councils with powers to organize assessments and for terminating these powers. In particular, the decision to vest the council with these powers is made on the basis of an initiative appeal addressed to the chairman of the relevant national council under the President of the Russian Federation of associations of employers and trade unions, collectively operating in more than half of the constituent entities of the Federation and/or representing more than 50% of workers engaged in a certain profession.
The National Council under the President of the Russian Federation for professional qualifications was created in accordance with Decree of the President of the Russian Federation dated April 16, 2014 No. 249. The Chairman of the National Council is the President of the All-Russian Association of Employers “Russian Union of Industrialists and Entrepreneurs” Alexander Nikolaevich Shokhin. During the work of the National Council, it became an authoritative body that consolidated the efforts of employers, trade union organizations and government bodies to resolve issues of developing the national qualifications system. The National Council carries out an examination of draft legislative and other regulatory legal acts of the Russian Federation on the development of a system of professional qualifications in the Russian Federation. The National Council reviews draft professional standards. Based on the conclusions of the National Council, a decision is made to approve professional standards.
The National Council coordinates work aimed at improving the quality of vocational education:
on bringing federal state standards professional education in accordance with professional standards;
on professional and public accreditation of educational programs of vocational education;
on the formation of a system of independent assessment of professional qualifications
The National Council promotes international cooperation in the development of national systems of professional qualifications.
The National Council creates councils for professional qualifications. Councils for professional qualifications are permanent bodies of the national system of professional qualifications, created for the purpose of forming and developing systems of professional qualifications for certain types of professional activities.
Councils for professional qualifications exercise the following powers within a certain type of professional activity:
- participation in the development of state standards for vocational education, updating vocational education and training programs, as well as in organizing activities for professional and public accreditation of educational programs.
monitoring the labor market, the emergence of new professions, changes in names and lists of professions;
development, application and updating of professional standards;
development, application and updating of the sectoral qualifications framework and qualification requirements;
organization of independent qualification assessment;
Working groups have been created within the structure of the National Council:
Working group on professional standards and coordination of activities of councils for professional qualifications (headed by F.T. Prokopov);
Working group for the development of a qualification assessment system (headed by A.G. Svinarenko);
Working group on the development of vocational education and training in the national qualifications system (headed by Ya.I. Kuzminov);
Working group on the digital economy (headed by A.A. Aleksandrov).
In the Russian Federation, a large-scale reform of the National Qualifications System is being completed: professional standards are being developed and implemented to replace qualification reference books, the Federal State Educational Standards are being updated, and the network of qualification assessment centers operating within the framework of the Federal Law “On Independent Qualification Assessment” is expanding.
The main coordinators of this reform are:
Chairman of the ESPC - .
In the activities of the ESPC, three main directions can be distinguished: normative, methodological and organizational.
The normative is to develop and update a package of professional standards, professional qualifications, and assessment tools.
Methodological work consists of monitoring the labor market in the electric power industry and identifying relevant trends and needs for qualifications, developing an industry qualifications framework in the electric power industry, and preparing various analytical materials for ESPC members and employers.
The organizational area includes selection and assistance in creating regional energy qualification centers, monitoring their activities, working with the federal Register of information on independent assessment of qualifications, working with the Ministry of Energy and the Ministry of Labor of Russia, other ministries and departments, the National Council under the President of Russia and the National Agency for the Development of Qualifications , building relationships with specialized federal educational and methodological associations and key industry educational organizations.
The powers to independently assess qualifications in the electric power industry are vested in:
Interregional Energy Qualification Center "Ural" (Ekaterinburg);
Center for development and assessment of qualifications of the electric grid complex of JSC "STC FGC UES" (Moscow);
Interregional center for assessing qualifications in the electric power industry (Moscow region, Golitsyn);
Qualification Assessment Center RusHydro (Moscow);
Southern Interregional Qualifications Center (Rostov-on-Don);
Novosibirsk Regional Intersectoral Center for Qualifications Assessment (Novosibirsk);
JSC Scientific and Technical Center of the United energy system" (Saint Petersburg).
Results of ESPC activities:
a basic package has been developed and approved, which includes 40 professional standards in the electric power industry and collectively covers more than 50% of workers employed in the electric power industry;
the process of updating professional standards has been launched;
new professional qualifications and assessment tools have been developed;
a project was implemented to monitor the labor market in the electric power industry, in which about 130 employer entities and more than a thousand students from several specialized universities took part;
Federal State Educational Standards updated;
Professional and public accreditation of educational programs took place, incl. implemented in corporate training centers;
a sectoral qualification framework for the electric power industry has been prepared;
tools have been created for creating independent qualification assessment centers.
On September 30, 2015, the Russian Union of Industrialists and Entrepreneurs hosted a regular meeting of the National Council under the President of the Russian Federation for professional qualifications, chaired by the President of the RSPP, head of the NSPK under the President of the Russian Federation Alexander Shokhin.
During the meeting, the Chairman of the Scientific and Technical Council of the Rostec State Corporation, Yuri Koptev, was nominated to the position of head of the council for professional qualifications in the rocket and space industry. For 2013-2014 year, the Council developed more than 20 documents, 18 of which were approved; It is planned to develop 24 documents.
Yuri Koptev said that the creation of a state corporation with the functions of Roscosmos and the United Rocket and Space Corporation will help overcome the crisis in the industry. He noted that there is a downward trend in the average age of industry workers, which is 44 years old; the share of employees under 30 years old is 21%.
Yu. Koptev focused on creating a mechanism for training specialists in universities. He emphasized that high responsibility and discipline should be the basis of the mentality of industry workers, since there is sad experience when oversight and negligence led to serious consequences.
At the meeting, the issue of creating a Temporary Commission on professional qualifications in the field was raised air transport. This initiative was put forward by the Aviation Personnel Association with the support of Sheremetyevo and Pulkovo airports, as well as carriers S7, UTair and others. The temporary commission is necessary to consolidate industry players. To create a commission, additional consultations are needed to determine the candidacy of its chairman.
Deputy Chairman of the National Council under the President of the Russian Federation for Professional Qualifications Fyodor Prokopov said that the Ministry of Labor and Social Protection of Russia submitted 28 professional standards to the National Council for consideration, 23 of which were approved. 5 standards were sent for revision, since the developers did not submit necessary materials, indicating their professional and public discussion.
Deputy Minister of Labor and Social Protection of the Russian Federation Lyubov Eltsova noted that the National Council has hard work ahead, since by December 2015 it is necessary to consider about 170 more professional standards, the total number of which should be at least 800 at the end of this year.
President of the Federation of Restaurateurs and Hoteliers Igor Bukharov made a report “The role of professional communities in the implementation of the mechanism for continuous training of personnel for the economy and carrying out control measures in relation to organizations providing training.” He identified as a problem the lack of a university-level training system for the hospitality industry. I. Bukharov proposed developing recommendations for the Ministry of Education of the Russian Federation on the requirements for employers involved in the development and approval of basic educational programs and their individual elements.
The participants also discussed the feasibility of developing professional standards regulating professional activities with creative elements, discussed the possibility of creating a directory of professions in demand in the labor market, new promising specialties, considered the development of professional standards in 2015 and outlined a work plan for 2016.
By the decision of the National Council of the ANO "National Agency for the Development of Qualifications", the Non-Profit Partnership "Federation of Restaurateurs and Hoteliers", the Non-Profit Partnership "Inter-industry Association of Nanoindustry", the Association of Financial Market Participants "Development Council" was ordered to be included in the register of organizations conducting professional and public accreditation of professional educational programs professional qualifications", Association of Computer and information technologies, Association “All-Russian non-state non-profit organization- All-Russian industry association of employers " National Association self-regulatory organizations based on the membership of persons carrying out construction”, Self-regulatory organization Non-profit Partnership “National Welding Control Agency”.
