Adding the position of contract manager to the staffing table. A state budgetary institution needs to introduce the position of a procurement specialist into its staffing table. What is the correct name for this position: contract manager, procurement specialist

In development of the principle of professionalism of the customer, Article 38 of the Law on the Contract System enshrines provisions governing the creation and operation of contract service. Not all customers are required to create a contract service, but only those whose total annual purchase volume exceeds 100 million rubles. If it is equal to or less than 100 million rubles, then the customer has a choice: to form a contract service or appoint a contract manager.

However, this option is impossible, since the contract manager is the official responsible for the implementation of a purchase or several purchases, including the execution of each contract (Part 2 of Article 38 of the Law on the Contract System).

But an official cannot act on the basis of a civil contract; he must be connected with the customer through labor relations.

Thus, those customer employees who have appropriate education and work experience according to the rules of the previously existing Law on Public Procurement (Federal Law of July 21, 2005 No. 94-FZ) may not undergo training according to the norms of the Law on the Contract System until January 1 2017. The same applies to candidates for a position that involves performing functional responsibilities contract service employee or contract manager. Although the practice of the first half of 2014 showed that procurement specialists are willing to study new rules and procedures. Moreover, they strive to gain knowledge, and not just a “crust”, and serious administrative fines stimulate them to do this (Articles 7.29-7.32 of the Code of the Russian Federation on Administrative Offenses).

  • provide appropriate guarantees.


3) pay for training;

Littleone 2009-2012 > Family matters > Work and education > Who works as a government procurement specialist?

View full version: Who works as a government procurement specialist?

23.03.2012, 20:28

Hello. Please share your experience about this work. The situation is such that the opportunity to move to this vacancy opens up. My worries are related to the fact that I am now working in a different field and have no experience in this work. On the one hand, I want to try something new, but on the other, I’m afraid to leave my current job and not cope with the new one (
Please tell us how working as a government specialist is? procurement is complex and what pitfalls exist. I would be grateful for any feedback. :flower:

Work in the Customer's system or in the Contractor/Supplier's system? In the latter case, I can tell you a little, but I only have experience in construction - it has its own specifics. And Mr. procurement in the same field in which you work now? If yes, then it's probably worth a try.

23.03.2012, 22:24

In the customer's system, any work (even that of a clerk) is seriously different from work in the contractor's system. At one time I considered an offer to work for a customer in construction, but after weighing all the pros and cons, I refused, although I have been working in construction for 10 years. In case the sphere is completely unstructured, i.e. for example, we worked in household chemicals - and suddenly into medicine... I don’t even know. But I am a very cautious person, perhaps all my life I was afraid to change my familiar field of activity completely in vain. I hope that those working specifically in this profile will give you detailed, good advice. In any case, it is worth assessing the ratio of possible risks and benefits from a new job (not only financial, but also in terms of further development). I wish you good luck!!1

23.03.2012, 22:51

Thanks a lot. In this situation, I just consider it in terms of development, because at my current job there is no development at all...(

In this case, go without hesitation - if there is no development in your existing job, there is nothing to lose. Try to get educated in this area - it’s better, of course, if your friends explain it or if professionals on the forum catch up and advise. As a last resort, there are also courses - but they are often taught by those who only theoretically know this topic, and who themselves have never worked in public procurement.

I have an economist who works part-time, but by God, in practice he doesn’t understand anything about this. Go for it, everything will work out!

23.03.2012, 23:20

Thanks for your support :flower:

In the customer's system in the field of medicine. The work is completely different from the field where I work now. I want to change the specifics of my work, so I’m wondering if I should do it or not. It's kind of scary.


Government procurement in the pharmaceutical business is carried out by the most hardened salespeople, ready to do anything for the sake of results. Buyers are even more sophisticated; it is not so easy to choose from a variety of offers; you can choose depending on some additional factors (who got it and how). As a rule, both sides have a brilliant higher medical education and practical experience in your field and in sales.


24.03.2012, 14:39

I may not have understood you correctly, but the author is asking about the position of a tender manager - you are probably writing about the position of a sales manager in a medical field. sphere? These are very different things. The author will have to post tenders (competitions, bidding, request for quotations) on behalf of the state. the customer is most likely regional (Author, correct me if I’m wrong, because if the customer is municipal, that’s a completely different story). Well, check the incoming documentation for compliance with the tender conditions.
It is unlikely that the author will be invited to the position of “passer”; this position is fraught with both the possibility of reproach and responsibility for the results of the auction.

As far as I understand, this is exactly this.

A friend of mine worked in this specialty. I don’t know the details, but she went to work after being a secretary. Specialist. She had no experience or education. I learned everything on the spot. But! she had connections, and that, as I understand it, means a lot. She studied the legislation constantly, because it changed, but this is from her words, and it seems that the liability used to be even criminal. Actually, I understood one thing: if they want, they can set me up. If your boss says, you’ll do it, there’s not much else to do, but you’ll do it. how to answer. THEREFORE: from the point of view of experience - as they say, “a hare can be taught to smoke” (c), from the point of view of responsibility: this, in my opinion, is like being in a minefield and the salary does not always justify it, since there is a paw - they will give it, no - in flight...

24.03.2012, 18:31

Mommies... who can set it up, and even on purpose? The management of the organization (both the customer and the supplier), first of all the procurement specialist, is interested in not being included in the list of unscrupulous ones or something else. Unless, of course, it’s a fictitious charaga like supplier, created specifically to be “taken away” and the right person to win 😉

There will be criminal liability if you violate the criminal code within your competence, so to speak. The person authorized to sign documents (usually the director) is responsible for the rest.

Example: she was finalizing a deal. She was offered a bribe, as the sums were rather large. She was still twitching then, which is what you want and prick. Like everyone takes it, but she never takes it. There's a lot of money circulating. She was afraid of criminal liability, since she was the organizer of the tender: she filled out the documents, organized everything, and again chose the candidates based on their applications. Her place was very good, I repeat, she got there through an acquaintance... those who went without an acquaintance received pennies. Someone I know - very good. good bonuses. and those who took kickbacks denied themselves little. Everyone tried to push their own. There are also different examples on the sellers’ side, some of whom are offended. someone is offering a bribe on purpose.
. They were constantly sent to seminars to learn. Because changes were happening and they had to be tracked. True, this was a couple of years ago. Judging by my latest data on personal experience, little has changed. As you know, you can get in without taking anything special.

24.03.2012, 20:15

Well, you give :)) For you, there is no difference at all between “they can frame you” and a deliberate violation of the law?
and what prevents you from substituting wishful thinking?
I worked for a couple of years in a bank. I know a couple of cases when superiors (even without being direct) took documents from a subordinate, who could have faced jail time during an inspection. At the same time, he eats, but THAT subordinate was neither in sleep nor in spirit. Moreover, there was a limited number who had access to the facility, and the person who took them was not allowed on this list. The subordinate was not in the business at all, he did his job honestly and was crystal clear... But during the inspection, it would be the subordinate who was to blame.

25.03.2012, 01:00

25.03.2012, 20:47

I read some reviews and decided that I needed to carefully weigh everything...:001:

29.03.2012, 17:19

Government procurement in medicine is a very difficult area, full of intrigue, bribes and frame-ups. I am a witness, I work in a related field.
Government procurement in the pharmaceutical business is carried out by the most hardened salespeople, ready to do anything for the sake of results. Buyers are even more sophisticated; it is not so easy to choose from a variety of offers; you can choose depending on some additional factors (who got it and how).

As a rule, both parties have an excellent higher medical education and practical experience in their field and in sales.
If you are called there only as a pawn for calculations and registration, this is not a risk. If as someone else, then I would step aside, they will trample on you and won’t ask your name, there is too much money floating around.
In terms of development, sales people there develop only by increasing or stagnating income; as a rule, they hold on to their places, sitting motionless for years.

Everything is just like that. Although at first glance it seems that we are talking about sales, this also applies to tenders. Can you share your vacancy? My field of activity (what to do? :005:

I was working. Gone. It worked from the very beginning, i.e. it was still working on modems. What kind of development are you talking about? Same set of operations. Only before there was a lot of paperwork. Now at least we've switched to email. They introduce some crazy ideas. From year to year, list of needs, procedure plan, procedures and contracts. This is all! I left and have no regrets.
If it's not a secret, what did they change it to?

Responsibility and responsibility again. As a rule, the person who technically launches auction competitions is a member of the commission and puts his signature under each final document. A lot of technical work, how to draw up documents, where to find prices, sometimes persuading suppliers to provide all sorts of commercial offers etc.
Legislation is constantly changing, so you will always have to stay informed.
One of the minuses is the opportunity to visit the FAS, as there are statements from suppliers about the dishonesty of what is happening.
The salary is usually not that high.
Something like this

04.04.2012, 20:25

That is, how do I understand that the work is not so great?(
Or I'm wrong???

no worse than others, you just need to know well and constantly monitor changes in the law on public procurement. Usually young people work, so there is someone to ask for advice.

04.04.2012, 22:17

The fact is that I’m afraid to change my awl for soap (((I want to change my job for this. But I don’t know how complex, interesting and promising it is...

All budgetary and state organizations. The system is not going anywhere, changes are only being added to the laws. Mostly the work is technical - related to the computer. Some of the work can be done at home if you have Internet access. There is probably a prospect. The direction is new and, in principle, interesting. After working on a budget and gaining experience, you can move on to suppliers.
There are pitfalls everywhere; if you have a head, everything can be solved.

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RATING OF WORK OF A CONTRACT MANAGER

O.L. Lobanova
procurement management consultant
Academy of Industrial Management named after. N.P. Pastukhova, Yaroslavl

The government's efforts to combat corruption and increase 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 qualifications of a number of specialists, and, if necessary, introduce new staff positions.
At the same time, the manager faces the question: what job responsibilities be entrusted to the employee, and is it necessary to create a separate independent division to implement the legislation?

The future belongs to professionals!

We have already talked about the fact that procurement in state and municipal institutions should be handled by professionals on the pages of our magazine.

It's no secret that for most customers, regulated procurement is an additional procedural burden. First of all, this is due to the lack of qualified personnel and the high rate of staff turnover in procurement.
However, having decided to hire a specialist qualified in the field of procurement legislation, the head of the institution must resolve a number of issues:
— what amount of work should be entrusted to such a specialist;
— is the amount of work sufficient for one staff unit or is it necessary to open several positions;
— how to monitor the completion of the appropriate amount of work by a specialist/specialists?
Unfortunately, at present there are no recommendations recommended or approved by the relevant executive authorities for establishing the number and determining the complexity and volume of work performed by procurement specialists. Consequently, state and municipal institutions must conduct certain research in this direction on their own.

Volume of purchases

Such research should begin, first of all, by determining the volume of purchases of goods (works, services) carried out by a specific customer institution.

A customer whose total annual purchase volume exceeds one hundred million rubles is required 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 a purchase or several purchases, including the execution of each contract (hereinafter referred to as the contract manager).

Education requirements for contract service specialists

One of the principles of the Contract System Law is the principle of professionalism of customers. It assumes that customers purchase at professional basis with the involvement of qualified specialists. But there are no uniform standards for training in public procurement. How to confirm the qualifications of employees?

In development of the principle of professionalism of the customer, Article 38 of the Law on the Contract System establishes provisions regulating the creation and activities of the contract service.

Not all customers are required to create a contract service, but only those whose total annual purchase volume exceeds 100 million rubles. If it is equal to or less than 100 million rubles, then the customer has a choice: to form a contract service or appoint a contract manager.

Moreover, a contract manager is not a job title, but a designation of the functional responsibilities of the customer’s official responsible for a purchase or several purchases, including the execution of each contract (Part 2 of Article 38 of the Law on the Contract System).

The customer has the right, by his order, to appoint a contract manager in relation to one purchase. That is, this is a specific assignment to perform certain functions.

Customers often wonder about the possibility of outsourcing the functionality of the contract service (contract manager), in other words, to involve professionals under a contract.

However, this option is impossible, since the contract manager is the official responsible for the implementation of a purchase or several purchases, including the execution of each contract (Part 2 of Article 38 of the Law on the Contract System). But an official cannot act on the basis of a civil contract; he must be connected with the customer through labor relations.

Contract service employees are referred to as employees in the Contract System Law. Consequently, they are connected with the customer precisely by labor relations, and not by civil law relations.

Don't forget about the requirements labor legislation RF. So, according to Article 56 Labor Code Russian Federation, the employee performs a certain labor function. The functional responsibilities of each contract service employee, as well as the contract manager, must be established by their job descriptions. Please also remember that changes may be made to job description employee only with his written consent.

The creation of a contract service as a separate structural unit is not mandatory (Part 1, Article 38 of the Law on the Contract System). The customer can “subsume” the functions of the contract service under his already existing department (structural unit). Therefore, a procurement specialist (contract service employee) may have a different job title. The main thing is to establish the corresponding responsibilities in his job description and formalize this with an order. › |

First of all, it should be noted that the Law on the Contract System contains a provision for the transition period. Contract service employees (contract manager) who have professional education 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. This “delay” is established for them until January 1, 2017 (Part 23 of Article 112 of the Law on the Contract System).

Thus, those customer employees who have appropriate education and work experience according to the rules of the previously existing Law on Public Procurement (Federal Law of July 21, 2005 No. 94-FZ) may not undergo training according to the norms of the Law on the Contract System until January 1 2017. The same applies to candidates for a position that involves performing the functional duties of a contract service employee or contract manager. Although the practice of the first half of 2014 showed that procurement specialists are willing to study new rules and procedures. Moreover, they strive to gain knowledge, and not just a “crust”, and they are encouraged to do this by serious administrative fines (Art.

If a person does not have professional education or additional professional education in the field of placing orders, then it is necessary to be guided by the norm of Part 6 of Article 38 of the Law on the Contract System. It reads: “Contract service workers, the contract manager must have higher education or additional professional education in the field of procurement.”

In accordance with part 10 of article 60 Federal Law dated December 29, 2012 No. 273-FZ “On Education...” enhancement or assignment of qualifications based on the results of additional vocational education is confirmed by a certificate of advanced training or a diploma of professional retraining. Samples of these documents are established independently by educational organizations. Additional vocational education includes training in advanced training programs and professional retraining programs. › |

The educational organization has autonomy. In particular, it means independence in managing educational activities, development and adoption of regulations in accordance with regulatory legal acts of the Russian Federation and the organization’s charter (Article 28 of Law No. 273-FZ).

Forms of training, terms of mastering additional professional programs, as well as the form of final certification are determined by the educational program and (or) the education agreement.

Please note that there are no plans to introduce specific requirements for advanced training in the field of procurement at the federal law level. All issues are resolved only in the educational program itself, which, in turn, is compiled by the educational organization within the framework of the license.

However, work is currently underway to prepare methodological recommendations on the content of additional professional education programs in the field of procurement in order to implement the principle of customer professionalism, provided for in Article 9 of the Law on the Contract System. But we are not talking about introducing an appropriate educational standard, but only about recommendations addressed to educational organizations.

Federal laws may establish cases where vocational training or additional vocational education is a condition for employees to perform certain types of activities. Then the employer is obliged to conduct such training (Article 196 of the Labor Code of the Russian Federation).

At the same time, employees undergoing training need to:

  • create conditions for combining work with education;
  • provide appropriate guarantees. › |

Requirements for contract service employees are just such a case. And if contract workers or a contract manager need to undergo additional professional training, the institution must:
1) issue an appropriate order;

2) enter into an agreement with an educational organization;

3) pay for training;

4) arrange a business trip for the employee (if he is studying in another area).

Please note: each educational organization is obliged to post information about itself and its activities on its website, including its license (Resolution of the Government of the Russian Federation of July 10, 2013 No. 582). Now there are many precedents when training is carried out by subjects (such as legal entities, so individual entrepreneurs), who do not have a license to conduct educational activities. This should be taken into account when choosing an organization where your employees will go to study.

Belyaeva O. A., leading researcher at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Doctor of Law. n.

State budgetary institution must be entered in staffing table position of purchasing specialist. 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..

A combination can be arranged for this position if there is a position in the ShR (rate or part of the rate), the employee’s consent to extra work, establishing additional payments 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 (Article 60.2, 151 of the Labor Code of the Russian Federation).

Please note that a combined position (rate or at least part of the rate - depending on the volume of work) must be included in the staffing table.

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, except for cases provided for by this Code and other federal laws.

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

The combination is formalized for a specific position provided for in the staffing table and only with the written consent of the employee and with the establishment of 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/B-688 and dated December 26, 2016 N 15-2/OOG-4698.

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

  • workers in the field of public procurement within the framework of Law No. 44-FZ (Part 6, Article 38, Part 23, 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 04/05/2013 N 44-FZ, the contract system in the field of procurement provides for the activities of the 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 and specialized organizations take measures to maintain and improve the level of qualifications 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 law 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 dated 03/12/2015 “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.

If Programs are implemented for the purpose of training managers 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 the full-time part of training in the amount of at least 40 hours of classroom work, with the exception of the case established by paragraph 2.4 of these Methodological recommendations. For the Programs provided for in paragraph 2.4 of these Methodological Recommendations, it is recommended to install the full-time part in the amount of at least 16 hours of classroom work.

According to the RUSSIAN MINISTRY OF ECONOMIC DEVELOPMENT LETTER No. D28i-841 dated 04/06/2016, 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 work, provision of services for state and municipal needs.

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

Although Order of the Ministry of Health and Social Development of the Russian Federation dated May 29, 2008 N 247n (as amended on December 11, 2008) “On 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 EKS.

At the same time, the Letter of the Ministry of Economic Development of Russia dated November 14, 2016 N D28i-3064 states that for enterprises for which Law N 44-FZ comes into force on January 1, 2017, there is no need to rename positions and change the staffing table. The creation of contract services and the appointment of contract managers is possible by making changes to job descriptions, job regulations of individual employees of the enterprise without renaming the position or creating a separate structural unit.

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

Regarding the remuneration of the contract manager:

In clause 11 of the Unified Recommendations for the establishment at the federal, regional and local levels of remuneration systems for employees of state and municipal institutions for 2017 for employee positions not included in professional qualification groups, the salary amounts ( official salaries) are established depending on the complexity of the work in the form of salary schemes (official salaries). If the staffing schedule is agreed upon by the founder, then the introduction of the contract manager’s rate and the amount of his salary (rate) must be agreed upon with the founder.

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

Details in the materials of the Personnel System:

1. Answer:How to Apply Professional Standards

Purpose of professional standards

Why are professional standards developed?

A professional standard is a characteristic of the qualifications that an employee needs to perform work in his position (Part 2 of Article 195.1 of the Labor Code of the Russian Federation). The standard can be developed for a specific position or profession, for example, for a welder, teacher, or for activities that include entire 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 Russian Ministry of Labor:

  • informs its developer about the rejection or acceptance of the project for consideration;
  • posts the 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 implementing legal regulation in the relevant field of activity, who prepares his comments and suggestions on the project.

The period for public discussion is no more than 15 calendar days from the date the draft professional standard is posted on the website. The federal body sends its comments and suggestions on the draft professional standard to the Russian Ministry of Labor also within 15 calendar days from the date of its receipt.

After this, the Russian Ministry of Labor sends the draft professional standard, along 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 examines the document and sends the appropriate expert opinion to the Russian Ministry of Labor. There is no statutory deadline for such an examination. In practice, meetings of the National Council take place once every one or two months, that is, the examination of draft professional standards lasts approximately that long.

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

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, the 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 approved professional standards to the Ministry of Education and Science of Russia within 10 days after they enter 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).

Projects professional standards can be developed both through own funds the employer, 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. 94-FZ (clauses 7, 8 of the Rules approved by Decree of the Government of the Russian Federation of January 22, 2013 No. 23) . For example, the list of draft 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.

Updating professional standards

Question from practice: how often will professional standards be updated?

As needed.

Changes to professional standards will be made if there are justified proposals or changes in the legislation of the Russian Federation. Changes to professional standards will be made in the same order 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 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 in the position is related to. In these cases, the name of the position must be indicated in accordance with the approved professional standard or qualification reference books (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 has the right to early retirement according to the list, and the title of the position in the professional standard does not correspond to the title of the position in the list and qualification directory, .
  • requirements for education, knowledge and skills. That is, if the requirements for the qualifications that an employee needs to perform his job function are established by the Labor Code of the Russian Federation, federal laws or other regulations (Law No. 122-FZ of May 2, 2015).

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 (Article 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, instructions of the Bank of Russia of November 6, 2014 No. 3435-U);
  • actuaries who carry out actuarial assessment 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 Interindustry Rules for Labor Safety during Diving Work, approved by Order of the Ministry of Health and Social Development of Russia dated April 13, 2007 No. 269);
  • psychiatrists, other specialists and health workers providing mental health care (Article 19 of Law No. 3185-1 of July 2, 1992);
  • who manage and coordinate activities related to trade (clause 1.3 of 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 trading, management bodies of state extra-budgetary funds, including territorial ones (Part 4 of Article 7 of the Law dated 6 December 2011 No. 402-FZ);
  • chief accountants of credit and non-credit financial institutions (clause 7 of article 7 of the Law of December 6, 2011 No. 402-FZ);
  • chief accountants of an insurance, reinsurance organization, 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 entrusted with maintaining accounting, clearing organization (Article 6 of the Law of February 7, 2011 No. 7-FZ);
  • chief accountants of the central depository (clause 4 of 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 implementing the rules internal control(Article 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 collegial executive body, chief accountant, deputy chief accountant of the credit institution, manager, Chief Accountant branch of a credit institution (Article 60 of Law No. 86-FZ of July 10, 2002);
  • the sole executive body of the housing savings cooperative, including the head of the management organization or 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 of foreign commercial organizations located on the territory of Russia, registered on the territory of the WTO member states (subclause 2, clause 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 of 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 market participant valuable papers(heads of the internal control service) (clause 17 of article 38 of the Law of November 29, 2001 No. 156-FZ; section III Regulations approved by order of the Federal Financial Markets Service of Russia dated 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 of 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 legislation of the Russian Federation 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 (Articles 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);
  • parachutist instructors (clause 21 of the Federal Aviation Regulations “Requirements for air traffic controllers and parachutist instructors”, approved by Order of the Ministry of Transport of Russia dated November 26, 2009 No. 216);
  • teachers and other workers 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, paragraph 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 State Mining and Technical Supervision of Russia of January 23, 2002 No. 3);
  • representatives of the bankruptcy trustee (liquidator) financial institution(Appendix 3 to the Regulations approved by the decision of the Board of the State Corporation “Deposit Insurance Agency” dated March 31, 2014, Minutes No. 38);
  • prosecutors (Article 40.1 of the Law of January 17, 1992 No. 2202-1);
  • workers whose activities are related to the use of nuclear energy (Articles 38, 52 of the Law of November 21, 1995 No. 170-FZ);
  • employees of command and rank and file of vessels of the fishing fleet of the Russian Federation who carry out navigational and engine watches (order of the State Fisheries Committee of Russia dated May 21, 2002 No. 202, order of the Ministry of Transport of Russia dated March 15, 2012 No. 62);
  • workers 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 engaged in underground work (Part 1 of Article 330.2 of the Labor Code of the Russian Federation);
  • workers involved in work with chemical weapons (Article 7 of the Law of November 7, 2000 No. 136-FZ);
  • workers engaged in work that is directly related to traffic (Article 328 of the Labor Code of the Russian Federation);
  • workers in the field of public procurement within the framework of Law No. 44-FZ (Part 6, Article 38, Part 23, Article 112 of the Law of April 5, 2013 No. 44-FZ);
  • region workers professional counseling, professional selection (recruitment), psychodiagnostics and correction (clause 8 of the Regulations approved by Resolution of the Ministry of Labor of Russia dated September 27, 1996 No. 1);
  • workers responsible for ensuring the safe operation of ships (clause 3 of 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);
  • workers who carry out state port control (clause 5 of article 38.1 of the Law of March 7, 2001 No. 24-FZ);
  • workers 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 collegial executive body of the fund, controllers (heads of the internal control service) of the non-state pension fund (clause 4 of article 6.2 of the Law of May 7, 1998 No. 75-FZ);
  • employees who perform the functions of the sole executive body of the mortgage coverage manager and 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 of Article 44 of the Law of November 29, 2001 No. 156-FZ, order of the Federal Financial Markets Service of Russia dated 28 January 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 Law No. 116-FZ of July 21, 1997);
  • workers (specialists who have higher or secondary specialized education, and personnel who are blue-collar workers) who install, adjust, repair, reconstruct or modernize permanently installed lifting mechanisms during the operation of hazardous production facilities (section II of the Federal norms and rules in the field industrial safety, approved by order of Rostechnadzor 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 collegial executive body of the clearing organization, heads of its branch, officials 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 the structural unit created for the activities of conducting organized trading (Part 2 of Article 6 of the Law of November 21, 2011 No. 325-FZ, order of the Federal Financial Markets Service of Russia dated 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 of Article 8 of Law No. 156-FZ dated November 29, 2001, order of the Federal Financial Markets Service of Russia dated January 28, 2010 No. 10-4/pz-n);
  • employees who perform the functions of the sole executive body of the management company (clause 9 of 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 trading organizers on 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 dated October 4, 2012 No. 12-84/pz-n, Part 2 of Article 6 of the Law dated November 21, 2011 No. 325-FZ);
  • employees of the management bodies of the central depository (Part 2, 4 Article 5, Part 1 Article 6 of the Law dated December 7, 2011 No. 414-FZ; Order of the Federal Financial Markets Service of Russia dated 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);
  • employees of a forex dealer (Article 10.1, 42 of the Law of April 22, 1996 No. 39-FZ, instructions of the Bank of Russia dated September 1, 2015 No. 3770-U);
  • auditor-consultants of the audit union of agricultural cooperatives (Article 32 of the Law of December 8, 1995 No. 193-FZ);
  • registrars who conduct state registration 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 organization, risk management service, internal control service, internal audit service of the credit organization and other managers (employees) who make decisions on the credit organization’s operations and other transactions (clause 6 of 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 self-regulatory organization cadastral engineers (clause 6, part 4, article 30.1 of the Law of July 24, 2007 No. 221-FZ);
  • heads of specialized non-profit organization(regional operator), which carries out major repairs of common property in apartment buildings(Part 6, Article 178 Housing Code RF dated December 29, 2004 No. 188-FZ; Order of the Ministry of Construction of Russia dated July 27, 2015 No. 526/pr);
  • heads 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, paragraph 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 operators electronic platforms(subparagraph 6, paragraph 6, article 111.3 of the Law of October 26, 2002 No. 127-FZ);
  • heads of a self-regulatory organization in the field of the financial market (Article 24 of the Law of July 13, 2015 No. 223-FZ);
  • managers of an organization created by consumer societies or unions consumer cooperation(clause 5 of article 6 of the Law of June 19, 1992 No. 3085-1);
  • managers financial authority subject of the Russian Federation and local administration bodies (Article 26.22 of the Law of October 6, 1999 No. 184-FZ “On general principles organizations of legislative (representative) and executive bodies state power constituent entities of the Russian Federation", Decree of the Government of the Russian Federation of November 6, 2004 No. 608);
  • heads of a private security organization (Article 15.1 of the Law of March 11, 1992 No. 2487-1);
  • welders and welding production specialists (Rules approved by Resolution of the State Mining and Technical Supervision of Russia dated October 30, 1998 No. 63);
  • employees of 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 units (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 the expert commissions for the state examination of safety declarations 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 Ministry of Emergency Situations of Russia 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 Law No. 39-FZ dated April 22, 1996, order of the Federal Financial Markets Service of Russia dated 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 of 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);
  • crew members 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 on 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 of 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 examination (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 drugs 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 on Ethics in the Field of Circulation of Medical Devices (clause 16 of the Regulations on the Council of Ethics in the Field 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 independent technical expertise Vehicle(order of the Ministry of Transport of Russia No. 124, Ministry of Justice of Russia No. 315, Ministry of Internal Affairs of Russia No. 817, 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 obliged to comply with them, including qualification requirements.

For example, from July 1, 2016, all audit organizations, as well as individual auditors-employers, are required to apply the professional auditor standard. This is also indicated by specialists from the Russian Ministry of Finance 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 from the Ministry of Labor began to appear on postponing 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 Russian Ministry of Labor dated December 25, 2014 No. 1115n). This means that organizations that have positions teaching staff, they can defer them until January 1, 2017. Similar recommendations are contained in the letter of the Russian Ministry of Education and Science dated March 3, 2015 No. 08-241.

Also, until January 1, 2017, a contract service employee or contract manager may have professional or additional professional education in the field of placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs. And from January 1, 2017, they must already have a 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 from the Ministry of Economic Development of Russia in a letter dated April 6, 2016 No. D28i-841.

The deadlines for the mandatory implementation of professional standards are also.

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

In addition, at their discretion, employers continue to rely on qualification reference books or switch to professional standards (if there are approved ones) to resolve issues:

  • tariffication of work (parts 8, 9 of article 143 of the Labor Code of the Russian Federation);
  • remuneration of 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 regulate 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 may postpone the mandatory application of professional standards in terms of requirements for the qualifications of workers. They have the right to introduce professional standards in stages until January 1, 2020 on the basis of . This procedure is provided for in paragraphs 1 and 2 of Decree of the Government of the Russian Federation of June 27, 2016 No. 584.

In particular, all federal state, unitary and government institutions were required to approve plans and schedules for the implementation of standards by May 20 inclusive and submit them to the executive body under whose jurisdiction they are located. The corresponding instructions were given by Lyubov Eltsova at a special seminar organized for federal authorities. For more details, see the website of the Russian Ministry of Labor on April 27, 2016. Similar explanations were given by specialists from the Russian Ministry of Labor in paragraph 7 of letter No. 14-0/10/13-2253 dated April 4, 2016.

In addition, the Russian Ministry of Labor has prepared a bill that establishes certain features of the application of professional standards by state and municipal institutions, state extra-budgetary funds, as well as state corporations and companies, more than 50 percent of which are owned by the state. According to the project, such organizations will be required to apply standards, like commercial organizations, only in those provided for in Article 57 of the Labor Code of the Russian Federation and Law of May 2, 2015 No. 122-FZ. At the same time, the qualification characteristics in professional standards, which do not have to be applied, can be used by employers as a basis for determining the qualification requirements for workers, taking into account the characteristics of their labor functions. If an employee does not have the required 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 training for employees and additional professional education, according to the project, employers should also focus on the provisions of professional standards.

Question from practice: is an organization obliged to apply the professional standard “Procurement Specialist” if it makes purchases only for corporate purposes?

No, I don't have to.

The professional standard “Procurement Specialist”, 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 employees and contract managers (Article 9, Part 6 of Article 38, Part 23 of 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 when purchasing goods, works or services to meet state and municipal needs in accordance with Law of April 5, 2013 No. 44-FZ.

If the employer does not act as a customer in procurement for government needs or does not make purchases for government needs, then the requirement of Law No. 44-FZ of April 5, 2013 and the mandatory application of the professional standard of a specialist in the field of procurement do not apply to the organization. For example, commercial organization makes purchases for its corporate purposes. Also, individual legal entities are not required to apply the professional standard of a procurement specialist when purchasing goods, works or services in accordance with Law No. 223-FZ of July 18, 2011. 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 of Article 1 of the Law of July 18, 2011 No. 223-FZ).

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

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

Yes, for all activities specified in the group.

The mandatory 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. Species grouping code economic activity consists of two to six numeric characters. Its structure can be presented as follows:

– XX – class;

– ХХ.Х – subclass;

– XX.XX – group;

– ХХ.ХХ.Х – subgroup;

– XX.XX.XX – view.

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

For example, the professional standard “Specialist in the operation of water intake structures” indicates OKVED – 41.00. The permitted type of activity in the organization is 41.00.2. Code 41.00 is a group of types of economic activities, 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 types of economic activity 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 rests entirely with the employer. The requirements in the professional standard are the recommended general set of knowledge that a “universal” employee may have. Require him to know something more based on the specifics of the organization’s activities, for example foreign languages, the employer has the right. Such requirements must be enshrined in the organization’s local documents, 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 can also, taking into account the specifics of the activity, expand the list labor actions for individual positions, professions, specialties in comparison with the list provided 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, training, and experience. practical work And special conditions admission to work, including taking into account the provisions of professional standards that provide for these labor actions.

What regulatory documents used when setting the salary of a contract manager when implementing a professional standard.

Answer

Answer to the question:

According to the Resolution of the Administration of Dudinka, Taimyrsky Dolgano-Nenets Municipal District of the Krasnoyarsk Territory dated May 18, 2012 N 29 (as amended on June 29, 2016) “On approval of the Model Regulations on the remuneration of employees of municipal budgetary and government institutions subordinate to the Committee of Culture, Youth Policy and Sports Administration of the City of Dudinka" (together with the "List of positions, professions of employees of institutions classified as core personnel by type of economic activity") minimum salaries (official salaries), rates wages for industry-wide positions of managers, specialists and employees are established on the basis of assigning the positions they occupy to the qualification levels of the PKG, approved by the Order of the Ministry of Health and social development Russian Federation dated May 29, 2008 N 247n “On approval of professional qualification groups for industry-wide positions of managers, specialists and employees”:

first level"

1 qualification level 2597 rubles;

2 qualification level 2739 rubles;

positions assigned to the PCG "General industry positions of employees

second level"

1 qualification level 2882 rubles;

2 qualification level 3167 rubles;

3 qualification level 3480 rubles;

4 qualification level 4392 rubles;

5 qualification level 4961 rubles;

positions assigned to the PCG "General industry positions of employees

third level"

1 qualification level 3167 rubles;

2 qualification level 3480 rubles;

3 qualification level 3820 rubles;

4 qualification level 4592 rubles;

5 qualification level 5361 rubles;

positions assigned to the PCG "General industry positions of employees

fourth level"

1 qualification level 5762 rubles;

2 qualification level 6675 rubles;

3 qualification level 7188 rubles.

Important information about Probation period for contract workers you will find in the material here.

The list of positions of managers, specialists and employees classified as professional qualification groups of industry-wide positions of managers, specialists and employees is established by order of the Ministry of Health and Social Development of the Russian Federation dated May 29, 2008 N 247n “On approval of professional qualification groups of industry-wide positions of managers, specialists and employees."

According to the professional standard, the position of a contract manager falls into the “specialists” category.

The qualification levels for the positions of specialists and employees are presented, but the position in question does not exist (there is only a purchasing agent, but this is a position of employees, not specialists). We believe that this is a gap in the legislation.

Details in the materials of the Personnel System:

1. Directory:List of lists of professional qualification groups

Lists of positions (professions) Document that approves the list
Industry-wide positions of managers, specialists and employees
General industry occupations of workers
Positions (professions) of employees of institutions of the penal system
Positions of employees performing work on fisheries and conservation of aquatic biological resources
Positions of employees of cultural and educational institutions of the Russian Ministry of Defense
Positions of heads of structural divisions and employees of archival institutions of the Russian Ministry of Defense
Positions of heads of structural divisions and specialists of editorial offices of newspapers and magazines of the Russian Ministry of Defense
Positions (professions) of employees of television, radio broadcasting and film distribution of the Russian Ministry of Defense
Positions of employees of the studio of military artists named after M.B. Grekov and the Military Art Studio of Writers of the Russian Ministry of Defense
Positions of managers, specialists and employees of institutions and military units of the Russian Ministry of Defense
Forestry Officer Positions
Air transport positions
Inland water transport staff positions
Maritime Transport Officer Positions
Positions of specialists and heads of structural divisions auxiliary fleet, hydrographic service, search and rescue operations department Navy Russia
Positions (professions) of command and enlisted personnel of the crews of support vessels of the Russian Navy
Educational Officer Positions
Positions of employees of higher and additional professional education
Employee positions physical culture and sports
Positions of employees performing search and rescue work for aircraft crews and passengers
Positions of paramilitary and sentry guards
Positions of employees of state natural reserves and national parks
Positions of geology and subsoil exploration employees
Positions of employees in the field scientific research and developments
Positions of hydrometeorological service employees
Agriculture Officer Positions
Positions of employees of the state material reserve
Positions of employees carrying out assay supervision
Positions of employees performing production activities Gokhrana of Russia
Positions of departmental security officers of the Ministry of Finance of Russia
Employee positions printed media mass media
Positions of television (radio) employees
Health and social services positions
Positions of medical and pharmaceutical workers
Positions of employees of culture, art and cinematography
Professions of workers in culture, art and cinematography
Positions of employees of state archives, documentation storage centers, archives municipalities, departments, organizations, laboratories for ensuring the safety of archival documents
Positions of civilian personnel of state maritime inspections, groups of patrol vessels (boats) and crew members of patrol vessels (boats) carrying out state control in the field of protection of marine biological resources
Positions of employees operating in the area civil defense, protecting the population and territories from natural and man-made emergencies, ensuring fire safety and safety of people on water bodies

  • There is not a single mention of job descriptions in the Labor Code. But HR officers simply need this optional document. In the magazine “Personnel Affairs” you will find the latest job description for a personnel officer, taking into account the requirements of the professional standard.

  • Check your PVTR for relevance. Due to changes in 2019, provisions in your document may violate the law. If the State Tax Inspectorate finds outdated formulations, it will fine you. Read what rules to remove from the PVTR and what to add in the “Personnel Affairs” magazine.

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  • Get ready, the Ministry of Labor is changing the Labor Code again. There are six amendments in total. Find out how the amendments will affect your work and what to do now so that the changes do not take you by surprise, you will learn from the article.
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    Active

    ON APPROVAL OF SAMPLE REGULATIONS

    Document's name:
    Document Number: 100 o/n
    Document type: Order of URKS VO
    Receiving authority: URKS VO
    Status: Active
    Published:
    Acceptance date: May 12, 2016

    ON APPROVAL OF A SAMPLE REGULATION ON THE REMUNERATION OF EMPLOYEES OF A BUDGETARY INSTITUTION, IN RELATION TO WHICH THE DEPARTMENT FOR REGULATING THE CONTRACT SYSTEM IN THE FIELD OF PROCUREMENTS OF THE VORONEZH REGION EXERCISES THE FUNCTIONS AND POWERS OF THE FOUNDER

    DEPARTMENT FOR REGULATION OF THE CONTRACT SYSTEM IN THE FIELD OF PROCUREMENTS OF THE VORONEZH REGION

    ORDER

    ON APPROVAL OF A SAMPLE REGULATION ON THE REMUNERATION OF EMPLOYEES OF A BUDGETARY INSTITUTION, IN RELATION TO WHICH THE DEPARTMENT FOR REGULATING THE CONTRACT SYSTEM IN THE FIELD OF PROCUREMENTS OF THE VORONEZH REGION EXERCISES THE FUNCTIONS AND POWERS OF THE FOUNDER

    In accordance with I order:

    1. Approve the attached Sample Regulations on the remuneration of employees of a budgetary institution, in respect of which the regulatory department contract system in procurement Voronezh region the functions and powers of the founder are performed.

    2. To the head of the BU VO "Agency public procurement Voronezh Region" (Pekshev A.Yu.), within one month from the date of adoption of this order, develop a regulation on the remuneration of employees of the Public Procurement Agency of the Voronezh Region and agree with the department for regulating the contract system in the field of procurement of the Voronezh Region.

    3. I reserve control over the execution of this order.

    Head of Department
    E.N.GONCHAROV

    SAMPLE REGULATIONS ON THE REMUNERATION OF EMPLOYEES OF A BUDGETARY INSTITUTION, IN RESPECT OF WHICH THE DEPARTMENT FOR REGULATING THE CONTRACT SYSTEM IN THE FIELD OF PROCUREMENTS OF THE VORONEZH REGION EXERCISES THE FUNCTIONS AND POWERS OF THE FOUNDER





    Approved
    by order
    regulatory authority
    contract system in the field
    procurement of the Voronezh region
    dated 05/12/2016 N 100 o/n

    1. General Provisions

    1.1. This Model Regulation on the remuneration of employees of a budgetary institution, in respect of which the management for regulating the contract system in the field of procurement of the Voronezh region performs the functions and powers of the founder (hereinafter referred to as the Regulation), was developed in accordance with the resolution of the administration of the Voronezh region dated December 1, 2008 N 1044 "On introduction of new remuneration systems for employees of state institutions in the Voronezh region."

    The regulation was developed in order to formulate uniform approaches to regulating the remuneration of employees of a budgetary institution (hereinafter - the institution), in relation to which the department for regulating the contract system in the field of procurement of the Voronezh region (hereinafter - the department, founder) performs the functions and powers of the founder, increasing interest in the final labor results, improving the management of financial, material and human resources.

    List and conditions for making compensation payments;

    List and conditions for making incentive payments;

    Terms of remuneration for managers, their deputies and chief accountants of institutions;

    Other remuneration issues.

    1.3. The remuneration system for employees of the institution is established taking into account:

    a) a unified tariff and qualification directory of works and professions of workers, a unified qualification directory of positions of managers, specialists and employees or professional standards;

    b) state guarantees for wages;

    c) a list of types of compensation payments;

    d) a list of types of incentive payments;

    f) the opinions of the representative body of employees.

    1.4. The wage fund for employees of the institution is formed for the calendar year based on the volume of subsidies received by in the prescribed manner institution from the regional budget and funds received from income-generating activities.

    1.5. To ensure differentiation of wages for main and other personnel, and to optimize costs for administrative, managerial and support personnel of the institution, the following ratios are established:

    The share of remuneration of administrative, managerial and support staff in the institution’s wage fund should not exceed 40%;

    The maximum level of the ratio of the average salary of the head of the institution and the average salary of the employees of the institution is set in a multiple of up to 5.

    The average wage is determined in accordance with the methodology used in determining the average wage of workers for the purposes of statistical observation, approved by the federal executive body exercising the functions of developing public policy and legal regulation in the field of official statistical accounting.

    When determining the ratio, the salary of the director and employees of the institution is taken into account, which is formed from all sources financial security and is calculated for the calendar year.

    The main personnel of the institution include employees who directly provide services (perform work) aimed at achieving the goals of the institution’s activities defined by the charter, as well as their immediate supervisors. The list of positions of employees of the institution classified as core personnel is given in Appendix No. 1 to the Regulations.

    Auxiliary personnel of an institution are employees of an institution who create conditions for the provision of services (performance of work) aimed at achieving the goals of the institution’s activities determined by the charter. This category includes a driver and a household manager.

    Administrative and managerial personnel of an institution are employees of the institution engaged in managing (organizing) the provision of services (performing work), as well as employees of the institution performing administrative functions necessary to ensure the activities of the institution. Administrative and managerial personnel include the manager, deputy managers, chief accountant, and accountant-economist.

    1.6. An employee's salary includes salary (official salary), increasing coefficients for salaries, compensation, incentive payments and, within the framework of the budgetary allocations, is not limited to the maximum amount.

    The monthly salary of an employee who has fully worked the standard working hours during this period and fulfilled the labor standards ( job responsibilities), cannot be lower than the established current legislation minimum wage.

    1.7. Conditions of remuneration, including the amount of salary (official salary) of the employee, incentive payments (permanent), compensation payments, are mandatory for inclusion in the employment contract.

    1.8. To carry out work to determine the size of compensation and incentive allowances, a permanent tariff commission is created by order of the head of the institution (Appendix No. 2 to the Regulations).

    1.9. Remuneration for part-time and part-time employees is made in proportion to the time worked. Determination of the amount and calculation of wages for the main position and for a position held part-time is carried out separately for each position.

    1.10. In institutions, in case of production necessity, a summarized recording of working time can be established. The summarized recording of working time is established by the local regulatory act of the institution.

    1.11. When changing the remuneration system, the wages of employees of institutions (excluding bonuses and other incentive payments) cannot be less than the wages (excluding bonuses and other incentive payments) paid to employees before the change, provided that the volume of labor (official) is maintained. duties of employees and their performance of work of the same qualifications.

    1.12. Persons who do not have special training or work experience established by the qualification requirements, but have sufficient practical experience and performing efficiently and in full the duties assigned to them, upon recommendation certification commission institutions, as an exception, can be appointed to relevant positions in the same way as persons with special training and work experience.

    1.13. In institutions, taking into account these Regulations, in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the Voronezh region, the regulation on remuneration of employees of the institution is approved and agreed with the management.

    The staffing schedule of the institution is approved by order of the institution, agreed with the management and includes all positions of employees, professions of workers of the institution.

    1.14. To carry out work related to the temporary expansion of the volume of services provided by the institution, the institution has the right to attract, in addition to employees occupying positions (professions) provided for in the staffing table, other employees on a temporary basis. employment contract at the expense of funds received from income-generating activities.

    1.15. Heads of institutions are responsible for the timely and correct determination of wages for employees in accordance with current legislation.

    2. Basic conditions of remuneration for employees of institutions

    2.1. The salaries of employees of the institution are established by the head of the institution based on the requirements for professional training and level of qualifications that are necessary to implement the relevant professional activity(PCG), taking into account the complexity and volume of work performed.

    2.2. The recommended minimum salaries for employees of institutions holding general industry positions (Order of the Ministry of Health and Social Development of the Russian Federation dated May 29, 2008 N 247n) are given in Appendix No. 3 to these Regulations.

    The recommended minimum salaries for positions not classified as PKG, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated May 29, 2008 N 247n, are determined by Appendix No. 4 to these Regulations.

    2.3. The recommended minimum wages for workers' professions in accordance with Order of the Ministry of Health and Social Development of the Russian Federation dated May 29, 2008 N 248n are given in Appendix No. 5 to these Regulations.

    The personal increasing coefficient is established by decision of the permanent tariff commission created in the institution, in accordance with the order of the head of the institution personally in relation to a specific employee, taking into account his level vocational training, complexity and importance of the work performed, degree of independence, length of service in the institution, responsibility in performing assigned tasks and other factors.

    The personal increase coefficient is established for a certain period of time during the corresponding calendar year. The amount of payments is determined by multiplying the employee’s salary by an increasing factor. The use of a personal increasing coefficient does not create a new salary and is not taken into account when determining incentive and compensation payments to an employee.

    The decision to introduce a personal increasing coefficient is made taking into account the provision of the specified payment financial means according to established order.

    2.5. Increasing coefficients may be established for the official salaries of employees of institutions filling office positions in the following categories:

    Academic degree (candidate of sciences, doctor of sciences)

    Academic title (professor, associate professor)

    Honorary title of the Russian Federation

    Payment for an academic degree and (or) honorary title is made only for the main job, provided that the title and academic degree correspond to the profile of the work performed (specialty).

    If an employee has more than one honorary title, the mentioned coefficient is applied on one of the grounds.

    The coefficient for an honorary title is established from the day the honorary title is awarded, but not earlier than the day of hiring.

    The increasing coefficient for an academic degree, academic title and (or) honorary title to the salary for the position held is set for the employee's official salary and is not taken into account when calculating compensation and incentive payments.

    2.6. Taking into account working conditions, compensation payments may be established for employees of institutions, as provided for in Section 4 of these Regulations.

    2.7. Employees of institutions may be paid bonuses and other incentive payments provided for in Section 5 of these Regulations.

    2.8. The amounts of increasing coefficients, including personal ones, compensation and incentive payments are established within the limits of the wage fund formed for the calendar year.

    3. Terms of remuneration for heads of institutions, their deputies, chief accountants

    3.1. The salaries of heads of institutions, their deputies and chief accountants consist of official salaries, compensation and incentive payments.

    3.2. The conditions for remuneration of heads of institutions are established in employment contracts concluded on the basis of a standard form of an employment contract with the head of a state (municipal) institution, approved by Decree of the Government of the Russian Federation of April 12, 2013 N 329 "On the standard form of an employment contract with the head of a state (municipal) institution" .

    3.3. The amount of official salaries of heads of institutions is determined by employment contracts depending on the complexity of the work, including taking into account the scale of management and the characteristics of the activities and significance of the institution.

    3.4. The salaries of deputy heads and chief accountants of institutions are set at 10 - 30% lower than the salary of the head.

    3.5. Increasing coefficients may be established for the salaries of heads of institutions, their deputies, and chief accountants in accordance with paragraph 2.5 of these Regulations.

    3.6. Increasing coefficients for the salaries of managers are established by the employment contract. Increasing coefficients for the salaries of deputy heads and chief accountants are established by order of the head of the institution.

    The amount of payments based on the increasing coefficient to the salary is determined by multiplying the amount of the official salary by the increasing coefficient.

    The application of an increasing coefficient to the salary for the position held does not form a new salary and is not taken into account when calculating compensation and other incentive payments.

    Payments based on the increasing coefficient are stimulating in nature.

    3.7. Heads of institutions, their deputies and chief accountants may be entitled to compensation payments in accordance with Section 4 of these Regulations.

    3.8. Heads of institutions, their deputies and chief accountants of institutions, taking into account the provision of financial resources, may receive incentive payments provided for in Section 5 of these Regulations.

    3.9. Bonuses are awarded to heads of institutions based on the results of an assessment of the results of the work of institutions for the corresponding reporting period, taking into account the achievement of target performance indicators of the institutions, the personal contribution of the head to the implementation of the main tasks and functions defined by the charter of the institution.

    Target performance indicators of institutions and criteria for assessing the performance of heads of institutions are established by management order.

    Payment of bonuses to managers is carried out on the basis of a management order.

    4. Compensatory payments

    4.1. In accordance with the approved list of types of compensation payments in government institutions of the Voronezh region, the following compensation payments may be made to employees of institutions:

    Payments to employees engaged in work with harmful and (or) dangerous working conditions;

    Payments for work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night and when performing work in other conditions deviating from normal).

    Payments of a compensatory nature are established in addition to the salaries (official salaries) of employees, unless otherwise established by federal and regional legislation.

    The manager takes measures to conduct a special assessment of working conditions in order to develop and implement an action program to ensure safe conditions and labor protection.

    4.2. Payments to employees engaged in work with harmful and (or) dangerous working conditions are established in accordance with Article 147.

    4.3. Payments for work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night and when performing work in other conditions deviating from normal) are established taking into account Article 149 of the Labor Code of the Russian Federation. Federation.

    4.3.1. An additional payment for combining professions (positions) is established for an employee when he combines professions (positions). The amount of the additional payment and the period for which it is established is determined by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

    4.3.2. An additional payment for expanding service areas is established for the employee when expanding service areas. The amount of the additional payment and the period for which it is established is determined by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

    4.3.3. An additional payment for increasing the volume of work or performing the duties of a temporarily absent employee without exemption from the work specified in the employment contract is established for the employee in the event that the volume of work established for him is increased or he is assigned the duties of a temporarily absent employee without exemption from the work specified in the employment contract. The amount of the additional payment and the period for which it is established is determined by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

    4.3.4. Additional payment for night work is made to employees for each hour of night work.

    Night time is considered to be the time from 10 pm to 6 am.

    The calculation of additional payment per hour of work at night is determined by dividing the employee’s salary (official salary) by the average monthly number of working hours in the corresponding calendar year, depending on the duration working week set for the employee.

    4.3.5. Additional pay for working on weekends and non-working days holidays is made to employees who were involved in work on weekends and non-working holidays.

    The amount of the surcharge is:

    in the amount of no less than a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly working time norm and in an amount of at least double daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly working time standard.

    4.3.6. Increased pay overtime for the first two hours of work is at least one and a half sizes, for subsequent hours - double size in accordance with Article 152 of the Labor Code of the Russian Federation.

    4.4. When calculating compensation payments provided for in paragraph 4.3 of these Regulations, in the case of using an hourly (daily) tariff rate the latter is determined by dividing the salary (official salary) by the average monthly number of working hours (days) per year, depending on the established working hours for a given category of workers.

    5. Incentive payments

    5.1. In order to stimulate high-quality work results and reward employees for work performed in institutions, taking into account the provision of financial resources, the following incentive payments can be established:

    Payments for intensity and high performance results;

    Payments for continuous work experience, length of service;

    Incentive payments, amounts and conditions for their implementation are established by local regulations, collective agreements, and agreements.

    The grounds for establishing incentive payments to employees of institutions may be:

    Successful and good faith performance the employee's duties during the relevant period;

    Initiative, creativity and application at work modern forms and methods of labor organization;

    Carrying out assigned work related to ensuring the work process;

    Participation in the implementation of special important works and events;

    Early and high-quality completion of work and high achievements in work;

    Successful implementation of planned indicators of the statutory activities of the institution;

    High achievements in work at the end of the year;

    Active participation in methodological work (conferences, seminars, methodological and scientific-methodological associations);

    Organizing and conducting events that increase the authority and image of the institution;

    High level of performance discipline;

    A special mode of operation to ensure trouble-free, trouble-free and uninterrupted operation of the institution’s engineering and economic and operational life support systems.

    Incentive payments are made by decision of the heads of institutions within the limits of subsidies received for the implementation of government tasks, as well as from funds from income-generating activities allocated by the institution to pay employees for the corresponding financial year.

    Bonuses for employees of institutions are carried out on the basis of bonus regulations approved by the local regulations of a particular institution, subject to the provision of financial resources.

    The decision to introduce each specific incentive payment is made by the head of the institution; the name and terms of its payment are included in the regulations on bonuses for employees of the institution.

    The period for which the bonus is paid is specified in the regulations on bonuses for employees of the institution. An institution can simultaneously introduce several bonuses for different periods - based on the results of work for a month, quarter, half a year, 9 months, a year, as well as bonuses for the exemplary quality of work performed, for performing particularly important and responsible work, for the intensity and high results of work etc.

    5.2. Bonus payments based on work results:

    Bonus payments based on work results for a period (month, quarter, half-year, 9 months, year) are paid to reward employees for overall labor results based on the results of assessing the fulfillment of approved criteria and performance indicators of each employee of the institution.

    The specific size of the bonus is determined in accordance with the employee’s personal contribution to the implementation of the institution’s performance targets, functional responsibilities and other indicators approved in the bonus regulations. In the case where the criteria for assessing the effectiveness of activities are different for different categories of employees, it is advisable to group them into separate subsections.

    Payment of the bonus based on the results of work for the period is made for the actual time worked, which does not include:

    Staying on regular main or additional leave;

    Time of incapacity;

    Other periods when the employee did not actually work, but his average salary was retained.

    The bonus is paid within the limits of the wage fund approved by the institution for the corresponding financial year, based on the order of the head of the institution. Bonus payments are set both in absolute value and as a percentage of salary, maximum dimensions are not limited.

    When making a decision on bonuses to an employee based on the results of work for the period, the availability of disciplinary action and (or) violation of internal labor regulations.

    5.3. Payments for intensity and high performance results can be paid to employees regularly and in a lump sum.

    When assigning payments for intensity and high performance results, the following are taken into account:

    The intensity and intensity of work related to the specifics of the contingent;

    Organizing and conducting events aimed at increasing the authority and image of the institution;

    Results of the implementation of particularly important and responsible work.

    The specific amount of incentive payment for work intensity and high results is established by order of the head of the institution:

    To the heads of structural divisions of the institution and other employees subordinate to the deputy head of the institution - upon the recommendation of the deputy head of the institution;

    The rest of the employees of the institution engaged in the implementation of statutory activities and the functions assigned to them - upon the proposal of the head of the relevant structural unit.

    Payments for intensity and high performance results can be established by a permanent tariff commission for a period of up to 1 year.

    Payments for performing particularly important and urgent work are carried out at a time based on the results of particularly important and urgent work in order to reward employees for efficiency and high-quality work results.

    Payments for intensity and high performance results are made within the limits of the wage fund approved by the institution for the corresponding financial year, based on the order of the head of the institution. Payments can be set both in absolute value and as a percentage of salary; they are not limited to maximum amounts.

    5.4. Payments for the quality of work performed can be paid to employees in a lump sum, subject to the provision of financial resources.

    The types and amounts of incentive payments for the quality of work performed are established by a legal act of management.

    The recommended amount of payment for continuous work experience and length of service for employees of institutions is determined as a percentage of the salary (official salary) depending on the total length of service in the following amounts:

    Total work experience, years

    Bonus amount, %

    From 1 year to 3 years

    From 3 years to 8 years

    Over 8 years up to 13 years

    Over 13 years old up to 18 years old

    Over 18 years old up to 23 years old

    The length of service that gives the right to receive a monthly payment for length of service includes:

    Periods of work and (or) other activities that are provided for in Article 11 of the Federal Law of November 28, 2013 N 400-FZ “On Insurance Pensions”;

    Time of completion of military service upon conscription.

    The main document for determining work experience, which gives the right to receive a monthly payment for continuous work experience and length of service, is the work book.

    The results of calculating the length of service are recorded in the minutes of the meeting of the tariff commission.

    The minutes of the commission meeting are the basis for preparing a draft order establishing payment to an employee for length of continuous work and length of service.

    An increase in the amount of the monthly payment established for the employee for length of continuous work, length of service is carried out if the employee has work experience that gives the right to receive the specified payment in a higher amount, from the next day after the date from which this right arises for the employee.

    6. Other remuneration issues

    6.1. In case of delay in payment of wages to employees and other violations of remuneration, the head of the institution is liable in accordance with the legislation of the Russian Federation.

    6.2. If there are savings on the wage fund in the institution, the employees of the institution and the head of the institution can be provided with financial assistance for annual paid leave, as well as in the event of special cases:

    In connection with anniversary dates (50, 55 and 60 years);

    In connection with the birth of a child;

    In case of death of close relatives (spouse, children, parents, adopted children, adoptive parents, siblings);

    In case of special need (expensive treatment, purchase of expensive medicines and etc.).

    The conditions for payment of financial assistance are established by the local regulations of the institution.

    The decision to provide financial assistance and its specific amounts is made by the head of the institution based on a written application from the employee. The decision to provide financial assistance and its specific amount to the head of the institution is made by the head of the department based on a written application from the head of the institution.

    6.3. Using savings from the wage fund, employees of the institution can be paid one-time bonuses for professional and public holidays. Bonus payments are paid from funds received from income-generating activities aimed at additional incentives for employees of the institution, as well as from savings in the wage fund formed from subsidies from the regional budget provided to the institution to fulfill the state assignment of the founder. The size of the bonus is determined by the head of the institution, taking into account the availability of financial resources for these payments. The size of the bonus of the head of the institution is determined by the head of the department. Payments are set both in absolute value and as a percentage of salary, and are not limited to maximum amounts.

    6.4. Responsibility for overexpenditure of the wage fund lies with the head of the institution.




    Appendix No. 1. List of employee positions classified as core personnel

    Appendix No. 1
    to Approximate Position
    on remuneration of employees of budgetary institutions,
    in respect of which the regulatory authority
    contract system in the field of procurement of Voronezh
    regions perform the functions and powers of the founder

    List of employee positions classified as core personnel

    1. Head of department;

    2. Deputy head of department;

    3. Chief specialist;

    4. Specialist;

    5. HR specialist;

    6. Leading legal adviser;

    7. Legal advisor.

    Appendix No. 2. Procedure for employees of institutions

    Appendix No. 2
    to Approximate Position
    on remuneration of employees of budgetary institutions,
    in respect of which the regulatory authority
    contract system in the field of procurement of Voronezh
    regions perform the functions and powers of the founder

    Procedure for carrying out tariff rating of employees of institutions

    1. To carry out work to determine the amount of compensation and incentive bonuses, by order of the head of the institution, a permanent tariff commission is created consisting of the head and (or) deputy head, chief accountant, employee dealing with personnel issues, as well as other persons involved by the head of the institution in this matter. work. The chairman of the tariff commission is the head of the institution or his deputy.

    2. The Tariff Commission is guided in its work by the current conditions of remuneration for the relevant employees and other regulations. The results of the work of this commission are reflected in the tariff lists. In addition, if necessary, the tariff commission can document the results of its work in a protocol or any other document.

    3. Tariff lists are compiled:

    For employees of the institution - a tariff list in the form in accordance with Appendix No. 1 to this Procedure (hereinafter referred to as the tariff list of employees);

    For deputy managers and chief accountants - a tariff list in the form in accordance with Appendix No. 2 to this Procedure.

    The tariff lists specified in this paragraph are compiled annually as of January 1 and are signed by all members of the institution’s tariff commission.

    During the year, additions and (or) changes may be made to the tariff lists, according to unscheduled meetings of the tariff commission, which are held in accordance with local regulations institutions.

    4. The salary list of employees is filled out by personnel category for each position (profession) of each structural unit of the institution in the sequence corresponding to the structure of the institution’s staffing table, with the exception of the positions of the head of the institution, his deputies and the chief accountant.

    5. In column 3 “Name of the professional qualification group” of the tariff list of workers, the professional qualification group of the professions of workers and positions of employees of the institution is indicated, which includes the profession of a worker or the position of an employee.

    6. In column 4 “Level of professional qualification group” of the tariff list of workers, the value corresponding to the number of the level of professional qualification group to which the profession of a worker or the position of an employee is assigned is indicated.

    7. In column 5 “Qualification level of the professional qualification group” of the tariff list of workers, the value corresponding to the number of the qualification level of the professional qualification group to which the profession of a worker or the position of an employee is assigned is indicated.

    If the professional qualification group is not structured by qualification levels, then a dash is entered in column 5.

    8. In column 6 “Salary (official salary)” of the salary list of employees, the salary amount established by the Regulations for the corresponding qualification level of the corresponding professional qualification group is indicated.

    9. In column 9 of the tariff list of employees, the coefficient of additional payments to employees engaged in work with harmful and (or) dangerous working conditions is established in accordance with Article 147 of the Labor Code of the Russian Federation.

    10. Column 12 indicates the “Allowance coefficient for intensity and high performance results” of the salary list of employees, implying payments on a regular basis throughout the year.

    11. In column 15 “Coefficient of bonus for length of service, length of continuous work” of the tariff list of employees, the value of the specified coefficient is indicated.

    If the employee’s length of service, which gives the right to payment of a bonus for length of service, the duration of continuous work, changes during the coming year, then the coefficient of the bonus for length of service should be indicated on two lines: on the date of filling out the salary list of employees and on the date of change in length of service, which is entered into column "Additional information".

    12. Columns 6, 18, 19, 21 of the salary list of employees are filled out in accordance with section 2 of the Regulations.

    13. In column 23 “Additional information” of the employee tariff list, information about the availability of an academic degree, honorary title, and other information is entered.

    14. Vacant positions are reflected in those structural divisions, where they are available.

    In the salary lists of employees, the monthly wage fund is calculated according to vacant positions based on average salaries (official salaries) and average amounts of bonuses for length of service, the duration of continuous work in the relevant positions (workers' professions).

    15. The form of the salary list of employees does not reflect:

    Payments for work in conditions deviating from normal;

    Payments for the quality of work performed;

    Bonus payments based on performance results.

    Appendix No. 1. TARIFF LIST OF EMPLOYEES

    Appendix No. 1
    to Order
    tariffication work
    employees of the institution

    _______________________________________
    name of institution

    as of 01/01/20__

    Full Name

    Name of profession (position)

    Name of professional qualification group

    Professional qualification group level

    Qualification level of professional qualification group

    Salary (official salary) (rub.)

    Work volume coefficient by profession (position) (1.0; 0.75; 0.5; 0.25) indicating the type of work (main, part-time)

    The employee’s salary taking into account the volume of work (rub.) (group 6 x group 7)

    Compensation payments

    Additional payment coefficient for employees engaged in work with harmful and (or) dangerous working conditions

    Amount of additional payments to employees engaged in work with harmful and (or) dangerous working conditions (rub.) (gr. 8 x gr. 9)

    Total: compensation payments(rub.) (gr. 10)

    Incentive payments

    Bonus coefficient for intensity and high performance results

    Amount of payment for intensity and high results of work (rub.) (gr. 8 x gr. 12)

    Total work experience

    Increment coefficient for continuous work experience, length of service

    Amount of bonus for length of service, for length of continuous work (rub.) (gr. 8 x gr. 15)

    Total: incentive payments (RUB) (gr. 13 + gr. 16)

    Amount of salary increase for honorary title of the Russian Federation and academic degree/academic title (rub.) (gr. 8 x (gr. 17 + gr. 18))

    Personal increasing coefficient

    Amount of payments for a personal increasing coefficient (RUB)

    Total: monthly wage fund according to the tariff list (rub.) (gr. 8 + gr. 11 + gr. 17 + gr. 20 + gr. 22)

    additional information

    Appendix No. 2. TARIFF LIST of deputy managers, chief accountant

    Appendix No. 2
    to Order
    tariffication work
    employees of the institution

    ______________________________________________
    name of institution

    as of 01/01/20__

    Full Name

    Job title)

    Official salary for the position held (RUB)

    Compensation payments

    Deputy surcharge coefficient manager, chief accountant engaged in work with harmful and (or) dangerous working conditions

    Amount of additional payment manager, chief accountant, at work with harmful and (or) dangerous working conditions (rub.) (gr. 3 x gr. 4)

    Coefficient of additional payment for work in conditions deviating from normal

    Amount of additional payment for work in conditions deviating from normal (rub.) (gr. 3 x gr. 6)

    Total: compensation payments (rub.) (column 5 + group 7)

    Increasing coefficients

    Increased coefficient for honorary title of the Russian Federation

    Increasing coefficient for an academic degree and (or) academic title

    Amount of salary increase for honorary title of the Russian Federation and academic degree/academic title (rub.) (gr. 3 x (gr. 9 + gr. 10))

    Total: increasing coefficients (group 11)

    Total: monthly wage fund according to the tariff list (gr. 3 + gr. 8 + gr. 12)

    additional information

    Appendix No. 3. Recommended minimum salaries for specialists and employees

    Appendix No. 3
    to Approximate Position
    on remuneration of employees of budgetary institutions,
    in respect of which the regulatory authority
    contract system in the field of procurement of Voronezh
    regions perform the functions and powers of the founder

    Job title

    PCG "General industry positions of second-level employees"

    2nd qualification level:

    Head of the household

    PCG "General industry positions of third-level employees"

    1st qualification level:

    HR specialist, legal consultant

    4th qualification level:

    Lead Counsel

    5th qualification level:

    Chief Specialist

    PCG "General industry positions of fourth level employees"

    1st qualification level:

    Department head<*>

    ________________

    <*>The official salary of the deputy head of a department is set at 5 - 10% lower than the official salary of the head of the department.

    Appendix No. 4. Recommended minimum salaries for employee positions not classified as professional qualification groups

    Appendix No. 4
    to Approximate Position
    on remuneration of employees of budgetary institutions,
    in respect of which the regulatory authority
    contract system in the field of procurement of Voronezh
    regions perform the functions and powers of the founder

    Appendix No. 5. Recommended minimum salaries for general industry occupations of workers

    Appendix No. 5
    to Approximate Position
    on remuneration of employees of budgetary institutions,
    in respect of which the regulatory authority
    contract system in the field of procurement of Voronezh
    regions perform the functions and powers of the founder

    Worker professions classified as qualification levels of the PKG

    PCG "General industry professions of second-level workers"

    1st qualification level:

    Document Number: 100 o/n
    Document type: Order of URKS VO
    Receiving authority: URKS VO
    Status: Active
    Published: Information system"Portal of the Voronezh region on the Internet" http://www.govvrn.ru, 05/13/2016
    Acceptance date: May 12, 2016

    The register of professions that by 2020 will be more relevant than lawyer and economist has been supplemented with a new one.

    From January 1, 2018, contract manager becomes a specialty that many will strive to obtain. This is due to the possibilities professional growth and the broad powers that can be obtained in this position.

    Specialists of this profile are needed by almost all companies that are looking for clients in the field of public procurement.

    Who is a contract manager?

    Procurement area for government agencies regulated by the legislator very strictly.

    Recently, 44-FZ and Law 223-FZ require certain actions from all legal entities falling under their scope.

    These include:

    • companies with state participation;
    • state or municipal authorities;
    • state-owned enterprises.

    If these legal entities would like to purchase goods, works or services for electronic auctions and competitions in accordance with the requirements of 44-FZ or 223-FZ, they are required to create a special position or unit on their staff. It can also be a department, or if the workload is high, it can be a department.

    Note: if the total amount of government contracts planned for the current financial year exceeds 100 million rubles according to the schedule drawn up by the company, the law will require the creation of a service, the head of which will be a specialist.

    It is assumed that his functions are to organize the procurement process in accordance with all legal requirements, to manage the department and prepare reports for higher organizations.

    Job description according to 44-FZ

    The company creating such a service will have to prepare regulations on the division in accordance with the standard recommendations of the Ministry of Economic Development.

    For an employee who will have to manage a department or work independently, it is necessary to prepare instructions.

    Its main parameters will be: rights, obligations, necessary knowledge, subordination, vertical and horizontal relationships with other parts of the organization. The requirements for the candidate are directly stated in 44-FZ.

    It is worth noting: standard instructions The Ministry of Economic Development has not yet developed one for this specialty.

    Requirements for a candidate for the position

    Since the beginning of this year, the law obliges a candidate for this position to obtain a higher professional education or, instead, additional professional education specifically in the field of procurement of products or services in accordance with the legislation on government contracts.

    Please note that this is a new requirement; previously, higher education was not required.

    The employee must be on the customer’s staff; work under civil contracts is not allowed. Professional standards also require the complete absence of conflicts of interest, that is, none of the candidate’s relatives can work for suppliers.

    Responsibilities and salary

    The employee's responsibilities will be to organize the procurement process in accordance with the law and other regulations. With a high level of responsibility, he will not always be able to claim significant compensation.

    The problem with determining the salary of a manager is due to the fact that this position has not yet been fully defined in Tariff directory, used by state companies to form their staffing schedule.

    Therefore, it will be qualified as a position of leading specialist or department head, and the salary will be formed in the manner common to these positions.

    The professional level of the candidate will not have an impact on the level of remuneration. In companies with state participation, the salary of a specialist for the position of a contract manager is not always determined only by the staffing table. Most often, depending on the success of his work, motivation systems based on its results are introduced.

    Conclusion

    Growth in the volume of government procurement, which already exceeds 20% of Russia's GDP, creates a wide field for the application of forces for candidates for the position of contract manager. All that remains is to get the necessary education.

    Watch the video that explains the rules for the appointment and functioning of a contract manager: