The Topical Issues of Implementation of Occupational Standards

Abstract

Occupational standards coming instead of the wage rate tariff classification manuals present the key element of the National qualification system. Unlike the manuals occupational standards demonstrate the system approach to the professional activity description based on the competency building and activity approaches, impose new contentions to the employees qualification. Although occupational standards bring up to date requirements to the tenor and quality of the professional activity in accordance with necessities of Russian labor-market, its’ implementation causes a lot of problems for the employers and employees. These problems are discussed in the article. The authors emphasize that an absence of a legal definition for qualification requirements in the Russian Labour Code leads to the uncertainty in the matter of how mandatory the occupational standards application is. Situations in which an employer is obliged to observe the qualification requirements while hiring employees or in relations with already hired employees also cause a lot of discussions. Also it is not clear wether an employee’s training in order to correspond the qualification contentions of the occupational standard is meant to be the employers’ right or duty. The conflict of the qualification contentions and the requirements of federal laws is emphasized as well. Recognition of the employee as a conforming to the occupational standard one basing exceptionally on the Employer’s Attestation Commission conclusion, in absence of the special background or length of employment imposed by «Qualification requirements» Section, achieved authors negative appraisal.