The need for an independent assessment of real estate. The cost of assessing the rental rate (including for filing with Rosreestr, DGI) The cost of assessing real estate
Independent assessment of the qualifications of full-time employees and applicants for vacant positions Today it is a standardized procedure for confirming professional qualifications, established and regulated by law.
Independent assessment - regulatory framework
An independent assessment of the qualifications of employees is an assessment procedure during which a specialist confirms (or does not confirm) the compliance of his qualifications with the criteria of a professional standard, or with the qualification requirements established by the legislative and other laws in force in the territory of the Russian Federation. regulations. Currently, there are rules in the Russian Federation, the provisions of which:
establish requirements for qualification assessment by independent structures - Federal Law No. 238-FZ of July 3, 2016 "On Independent Qualification Assessment";
regulate the creation of a supervising body - the National Council for Professional Qualifications under the President of the Russian Federation (Decree of the President of the Russian Federation No. 249 dated April 16, 2014, as amended on December 18, 2016);
regulate the order and procedure for conducting evaluation activities - Decree of the Government of the Russian Federation No. 1204 dated November 16, 2016 "On approval of the Rules for conducting an independent evaluation CSC";
regulate documentary support and monitoring - Orders of the Ministry of Labor of the Russian Federation No. 649n dated November 15, 2016, No. 701n dated December 1, 2016, No. 706n dated December 2, 2016, No. 725n dated December 12, 2016, No. 726n dated December 12, 2016 No. 729n dated December 14, 2016, No. 758n dated December 19, 2016, No. 759n dated December 19, 2016
Qualification assessment is carried out by specialists of the Qualification Assessment Centers (CSC), which operate on the basis of the RF Law No. 238-FZ, and is supervised by the National Council under the President of the Russian Federation.
The essence of an independent assessment
Everything new is well forgotten old. In general, qualification assessment is far from being an innovative procedure for our country. A similar assessment of personnel took place before, only it was carried out in the formats of various certifications, attestations and recertifications, training and retraining, advanced training. All these evaluation procedures are carried out in accordance with our own standards. An independent assessment is carried out in accordance with professional standards approved by law.
The purpose of introducing an independent assessment is to move from confirming the level of training and compliance with professional standards with a diploma of education, to establishing the actual level of training through systematized standards of the qualifications framework and professional standard (based on which the qualification of personnel in the CSC is assessed). That is, now an employee, his category, grade or rank, will not be determined by a diploma and the level of accreditation educational institution its issuer, but actual knowledge, skills and abilities.
The qualifications framework contains generalized characteristics qualification levels. Depending on the status of the CSC, when assessing the qualifications of employees, they can be guided by both national and regional (relevant for a particular department of the CSC) qualifications framework.
The professional standard is a detailed description of the labor functions provided for a particular profession or specialty, the requirements for knowledge and experience that an employee must have in accordance with his position and qualifications.
How to conduct an independent assessment of the qualifications of employees
A professional exam, which, in fact, is an independent assessment, can only be conducted by accredited centers (CSCs). The NOC Center can be contacted by:
employer - in order to conduct an IQA in relation to employees of the enterprise (in this case, the services of the CSC are paid by the employer);
employed employee - who wished to undergo a qualification assessment in the specialty in which he is currently employed, or in the specialty that he also owns;
a person who was not employed at the time of passing the exam - in order to confirm his qualifications (employers may consider having a confirmed qualification as an advantage in competitive employment);
applicants who are in the process of employment (to obtain possible advantages in the competitive selection).
Conducting an independent assessment is a purely voluntary exercise, and an employer cannot force an employee to pass such an examination. You will also need written agreement employee for an assessment. When an employee is sent to undergo an assessment, he retains his place of work and all the guarantees provided for by the Labor Code of the Russian Federation (Article 196 of the Labor Code of the Russian Federation).
Before conducting an independent assessment of the qualifications of employees, the employer must agree with the CSC on the number of persons sent for an independent assessment and provide:
personal application of each of the applicants for passing a professional exam (form approved by Order of the Ministry of Labor dated 02.12.2016 No. 706n);
a photocopy of the passport or other identity document of the examinee;
other documents required for passing the assessment activities for the relevant qualification (to be specified additionally by the representative of the CSC).
An independent assessment of the qualifications of examinees is carried out on the territory of an accredited institution or remotely. Information about the results of the professional exam and confirmed qualifications is entered into the register of the National Agency for the Development of Qualifications.
Based on the results of a successful qualification assessment, the examinee is issued a Qualification Certificate of the established form within 30 days (calendar), and in case of unsatisfactory results, a conclusion on passing the exam with recommendations for the examinee.
Independent assessment should not be confused with employee appraisal. The result of the assessment (unlike certification) does not entail any consequences for both the employee and the employer. Those. an unsatisfactory result does not give the employer the right to take any measures against the employee, just as a successful assessment does not give the employee the right to demand promotion, salary, etc.
An independent examination is a procedure during which circumstances relevant to a particular case are established.
A feature of this procedure is that it is carried out by people who have special knowledge and skills in a particular industry and, importantly, are disinterested persons in the results of the examination itself.
Who conducts the examination?
The examination can be carried out by both state and non-state organizations, this circumstance does not contradict the law, but there are a number of qualification requirements for experts (education, work experience, etc.) and the organizations themselves (previously, for example this species activity was licensed, and now only admission to the SRO is required - a self-regulatory organization).
The need for an examination, as a rule, is due to the presence of a dispute between two persons.
Accordingly, the results of this procedure can become a weighty argument in confirming the position of the party.
Timing?
The law does not regulate the duration. As a rule, a reasonable time period applies, so for research:
autotechnical expertise - 1-2 weeks;
construction expertise - 2 weeks;
handwriting expertise - 7 days;
linguistic expertise - 10 days.
Price?
From 5,000 rubles.
Initiator carrying out an examination, as a rule, is a citizen or a legal entity, since subsequently the issue of appointing an examination is decided by the court and it bears, accordingly, the name judicial.
Expertise is appointed by a court order in the framework of the civil, arbitration or criminal case under consideration.
foundation for an independent examination is an appropriate contract, which is concluded between a citizen or a legal entity on the one hand and an expert institution on the other and, accordingly, is paid at the expense of the customer.
There are many types of expertise in various industries science and technology, there are about 30 of them.
The list of examinations carried out, for example, by expert institutions that are part of the system of the Ministry of Justice, is determined by the relevant order of the Minister. For the most part, all these types of examinations can be carried out by non-governmental organizations.
Based on the results of the examination, the expert in all cases draws up a conclusion, which is the result of the work done by the specialist.
What does the conclusion of an independent examination contain?
In the conclusion, the expert will certainly indicate the subject of the study, the method and approach that was used, the research procedure itself and, of course, the conclusions. The conclusion is of key importance, since it is precisely this that is the purpose of the examination itself.
At the same time, it should be noted that the ongoing independent examination commissioned by a physical or legal entity, upon subsequent appeal to arbitration courts, courts of general jurisdiction, will have the status of evidence - a written document. This circumstance is due to the fact that the current procedural codes (the Code of Civil Procedure of the Russian Federation, the APC of the Russian Federation, the Code of Criminal Procedure of the Russian Federation) provide for a specific procedure and grounds for appointing an appropriate examination.
However, an independent examination carried out by you in advance, may subsequently, if it is correctly presented in the trial, induce the court to appoint a forensic examination, which will have a tremendous impact on the subsequent court decision.
This is largely due to the fact that during the forensic examination, the expert is warned about criminal liability for giving a deliberately false conclusion, which is not done during an independent examination, which, accordingly, may raise certain doubts about the objectivity of the study. But this circumstance in no way diminishes the importance and necessity of independent examinations.
Often in practice there are situations in which waiting for the appointment of an appropriate forensic examination, and believe me, this is not fast, can lead to the loss of the very subject that needs to be investigated, for example, when it comes to food, a number of building materials etc. And then an independent examination will be the only opinion of a specialist, since an independent judicial examination, if the item is lost, is excluded.
Who is an appraiser? What is a property appraisal, for example? And, most importantly, why is all this necessary? No one thinks about the appraiser, and, moreover, his services, but this is only until an urgent assessment is required. The need for such an examination may not arise.
A person may not need it throughout his life, but if you need to sell or buy something global (a house, an apartment, a garage, a car, a business, shares, etc.), then an assessment independent appraiser- a guarantee that the transaction will be concluded on mutually beneficial terms.
Who should be entrusted with the assessment?
Of course, in many cases, especially those relating to the purchase and sale of an apartment, an extremely helpful real estate agency, in whose interests it is profitable to buy and sell square meters, will gladly provide its very attentive and helpful expert, who will explain everything in detail and tell you why this apartment is worth as much as they tell you. He will also take care of the competent preparation of all necessary documents.
But, as simple life experience shows, you do not need to blindly trust this specialist, he is, after all, a representative of the interested party. Do not forget that in this case, the observance of your interests is simply not taken into account. Therefore, in order to be sure that you are being told the whole truth, an assessment is required by an independent appraiser who is not interested in underestimating or overestimating the value of a particular appraisal object. And where can you find such a person?
Who can be an appraiser?
Since this is a profession that requires not only an appropriate education, but also certain moral principles, principles and responsibilities, not everyone can be an appraiser. Each representative of this profession, who has the right to conduct an assessment, is subject to a number of rather serious requirements, and if there is a discrepancy in at least one of the points, then he is not destined to work in this position.
- Higher and specialized education. Yes, yes, this requirement is spelled out in official documents (Article 24).
- This type of activity cannot be carried out by a person who was or is under investigation.
- The appraiser is not a lonely proud bird, he is a member of an officially registered self-regulatory organization(SRO), guaranteeing the performance of work at a high professional level.
- Since the appraiser is also a person, he must insure himself, but not from diseases or any cataclysms. He insures his professional liability neither more nor less, but for an amount that cannot be less than 300,000 rubles.
It goes without saying that only those persons who meet all the requirements for representatives of this profession are entitled to sign any documents during and after the assessment. Then the entire set of documents has legal force and certifies the value of the object for which this procedure was required.
The appraiser is called independent because he does not depend on anyone, therefore, if you are offered the services of your specialist (especially real estate companies “sin” with this), then, of course, you can refuse this, but you should not. At least, in order to see and compare how much, according to your independent appraiser, this or that object costs. The difference between being assessed by an "independent" employee of a real estate company and being assessed by a truly independent expert is, most often, striking.
An appraisal by an independent appraiser means that it should be carried out by a person who is completely uninterested in the final cost of the object. And this is not its founder or owner, shareholder or employee, and, even more so, not a relative or just a very good acquaintance or family friend. In general, there should not be any property or close relationship between the appraiser and the customer during the assessment. All these requirements are spelled out in the legislation.
The law also stipulates that the customer and other persons do not have the right to interfere in the valuation process, as well as limit the professional activities of the appraiser in establishing the real value of the object. When all of the above requirements are met, this guarantees the receipt of a quality service that fully demonstrates the real value of the appraisal objects. To ensure that the reliability of the assessment does not raise questions for anyone, it is necessary to use the services of independent appraisers.
When an Independent Review is Required
- In the case when a mortgage agreement is drawn up, it would be good to know the real value of real estate, so that later you don’t “bite your elbows”.
- In transactions for the sale and purchase of movable and immovable property. An assessment by an independent appraiser when concluding such transactions guarantees the receipt of the real amount of the value of the objects.
- When for the judicial settlement of any issues related to compensation for damage (to movable and immovable property), documentary evidence of the cost of restoration work, compensation, etc. is required. Qualified appraisal for the court is convincing evidence that can satisfy the claims of the injured party, allowing to avoid unjustified overestimation of the cost of damage by the guilty party.
- If you need an assessment of shares and other property, as well as various transactions of both joint-stock and other companies.
- In connection with the requirements of government agencies, as well as in order to confirm the value of the property.
- Upon transfer of ownership.
- When dividing property.
- When entering into an inheritance for a notary.
Professional evaluation
The Bureau of Independent Evaluation and Expertise is a company that has been engaged in appraisal activities in Moscow and the Moscow region for many years. We guarantee the professionalism and competence of our employees, as well as an assessment that is truly independent. The list of objects of assessment of our company includes:
- movable and real estate;
- objects of intellectual property;
- material values;
- shares and others securities;
- land;
- assessment of damage during the bay of the apartment, fire, accidents and other types of damage.
What guarantees the work carried out by our independent experts
An assessment by our specialists is a guarantee that all information obtained as a result of the examination is true and can be used both for personal purposes and for submission to judicial or other authorities.
The data obtained allows us to correctly, taking into account all the features of a particular object, draw up all the necessary transactions, resolve disputes, including in court. The benefit of conducting an assessment by independent experts is undeniable, therefore, in any case that requires the establishment of a real cost, we advise you to contact the services of professionals!
Refinancing.
Clients: Sberbank, VTB, Raiffeisen, SvyazBank, Uralsib, Vozrozhdeniye, Dom.RF, Ross.Capital, Bank of Russia, Transcapital, RSH, Unicredit, Akbars, Promsvyazbank:
Collective assessment:
Individual assessment:
Delta Credit, Otkritie, Absolut, RosEvrobank, Zenith, Metallinvest: +10...28%
For JSC Gazprombank clients:
Collective assessment: from 2300(including discount) +
Individual assessment: 4500 (including discount) +
When refinancing:
If you have already ordered an assessment from us, and no more than 3 months have passed, then recalculation based on photographs is 3000 rubles. (with discount)
When contacting the bank
The current list of banks currently operating under the CashBack program can be found in, in the "Refinancing" section.
It's easier with the app!
4500 rub.
Delta Credit, Opening, Absolute: 5500 rubles.
Gazprombank: 4950 rubles. (including discount when ordering through the website)
4500-7000 rub.
()
Gazprombank: RUB 5400* (including discount when ordering through the website)
1-3
days from the moment of inspection, submission of documents and payment
Inspection - today or tomorrow
Apartment on the secondary market NOT IN NEW BUILDING
Conclusion: 3500 rub.**
Evaluation report: 5000 rub.
Conclusion: 3500 rub.**
If two apartments, then 6000 rubles. for two conclusions.
Assessment report: 5500 rubles.
+ 50% from the value of the appraisal
Extract from the USRN in in electronic format
500 rub.
500 rub.
from 7000 rub.
Conclusion on the cost (mandatory preliminary assessment) - 5000 rubles. (included in the cost of the future report)
Assessment report - from 15,000 rubles.
The price depends on the size of the house and other parameters
Additional registered buildings on the site - 5000 rubles. (per building)
Discounts available
* When the object of assessment is located far outside the Moscow Ring Road, the price may be slightly higher. The manager has the right to increase the cost of the inspection by notifying the Customer in advance (up to 2000 rubles)
** Conclusion about market value apartments or rooms are submitted to the embassy, notary, to some government bodies as well as "for myself". It can be done in both paper and electronic form. The calculation is made in accordance with all standards, but is not attached to the conclusion. This type of report is not intended for mortgage banks.
The cost of inspecting the appraised object without an independent appraisal is from 1000 rubles, depending on the remoteness of the appraised object (compliance with clause 11 of the Public Offer).
The cost of assessing offices, retail premises and buildings:
|
Characteristic object of evaluation |
Finding an object / cost | Work completion time, days | |
| Moscow | |||
| Office, warehouse up to 300 sq.m. | 5-7 days | ||
| Office, warehouse area from 300 to 1000 sq.m. | Preliminary estimate - 15 thousand rubles, full report + 45 thousand rubles * | Preliminary estimate - 15 thousand rubles, full report +55 thousand rubles *. | 7-12 days |
| Examination of the report in SRO | 10 days | ||
| 15 000 rub. | 15 000 rub. | - | |
| 20 000 rub. | 20 000 rub. | 3-7 days | |
*Depending on the complexity of the object (separately standing building, individual. project, OKN) the price may increase, check with the manager.
The cost of real estate appraisal for:
|
Characteristic object of evaluation |
Finding | Work completion time, days | |
| Moscow, New Moscow, MO | Other regions | ||
| Land, area up to 1 ha | Preliminary estimate - 15 thousand rubles, full report + 35 thousand rubles * | Preliminary estimate - 15 thousand rubles, full report + 45 thousand rubles * | 5-10 days |
| Land, area from 1 to 10 hectares | Preliminary estimate - 15 thousand rubles, full report + 45 thousand rubles * | Preliminary estimate - 15 thousand rubles, full report +75 thousand rubles * | 7-12 days |
| Land, area over 1 ha | by agreement | by agreement | - |
| Building up to 1,000 sq.m | Preliminary estimate - 20 thousand rubles, full report +55 thousand rubles * | by agreement | 15-20 days |
| Building with an area of 1,000 sq.m. | Preliminary estimate - 30 thousand rubles, full report + from 75 thousand rubles * | by agreement | 15-20 days |
| Examination of the report in SRO | According to ROO tariffs (www.sroroo.ru/documents/171647) | 10 days | |
| Selection and purchase from the archive of analogues during a retrospective assessment | 20 000 rub. | 20 000 rub. | 3-7 days |
| Accompanying the report during the passage of a cost examination in the SRO | 15 000 rub. | 15 000 rub. | - |
*Depending on the complexity of the object (a region with a small number of analogues, features of use, ...) the price may increase, check with the manager.
The cost of assessing the rental rate (including for filing with Rosreestr, DGI):
| Finding | Work completion time | ||
| Moscow | |||
|
Rent estimate for 1 sq.m indoors up to 300 sq.m (per day, week, month, year) |
10-30 thousand rubles | 5-10 days | |
|
Estimated rental of 1 sq.m in a room from 301 to 1000 sq.m (per day, week, month, year) |
30-50 thousand rubles | 5-10 days | |
| Rent estimate for the past date. | + 20 thousand rubles. | from 10 days | |
Other types of evaluation:
| Characteristics of the object of assessment | Finding | Deadline, days | |
| Moscow | Moscow region and other regions | ||
| Construction Cost Estimation | from 25 thousand rubles | from 25 thousand rubles | 5-10 days |
| Passenger car valuation | 5000 | 6500* | 1 day |
| Truck valuation | 6000 | 7000* | 1 day |
| Assessment of special equipment | 6000 | 7000* | 1 day |
| Evaluation of serial industrial equipment | 2-3 days | ||
| Process line evaluation | 1000 rub. for one position. Minimum cost order 10 000 rub.* | 2-3 days | |
| Appraisal of furniture, interior items, … | 500 rub. for one position. The minimum order value is 10,000 rubles.* | 2-3 days | |
| Inventory valuation | from 50 rub. for one position. The minimum order value is 10,000 rubles.* | 2-3 days | |
| Assessment of damage from the bay, fire | from 8 000 rub. | 3-4 days | |
Valuation Consulting - IS FREE.
The presence of our appraiser in court - 10,000 rubles.
The presence of our lawyer in court is by agreement.
An additional copy of the report at the time of delivery of work: 500 rubles, after a month - 1000 rubles.
Making corrections / additions to the report that arose NOT BY OUR FAULT, as well as the cost of the actual costs incurred by the company upon return Money - PRICE LIST for changes to the report and actual costs incurred
To order an assessment:
To order an assessment, call us by phone in Moscow: +7 495 698-60-37
Urgent evaluation:
The service is only available in weekdays in agreement with the manager.
Price:
- 1 working day after inspection, payment and submission of a full package of documents + 1000 rub.
- 7 hours after inspection, payment and submission of a full package of documents + 50% of the cost of the appraisal
Is an independent assessment required?
To begin with, we recall that according to paragraph 3 of part 1 of Art. 2 of Federal Law No. 238-FZ of 03.07.2016 “On Independent Assessment of Qualifications” (hereinafter referred to as Law No. 238-FZ), an independent assessment is a procedure during which it is checked whether the qualifications of an employee or potential employee (hereinafter referred to as the applicant) correspond to professional standard or qualification requirements that are installed federal laws and other regulatory legal acts.
According to paragraph 7 of part 1 of Art. 2 of Law No. 238-FZ, an applicant is an employee or a person applying for a certain type of labor activity a person who has applied, including on the direction of the employer, to the qualification assessment center (hereinafter referred to as the CSC) to confirm his qualifications in the manner prescribed by Law No. 238-FZ. Employers are concerned about whether the independent assessment procedure is mandatory for all organizations and institutions. Or is it voluntary?
Let's turn to the Labor Code. By virtue of Part 1 of Art. 197 employees have the right to undergo an independent qualification assessment. According to Part 1 of Art. 196 the need to send employees for such an assessment for their own needs is determined by the employer. That is, the applicant can apply to the CSC for an independent assessment on their own, or can be sent by the employer.
The Ministry of Labor answers the question as follows: qualification assessment is voluntary for both employees and employers and does not entail any mandatory consequences or requirements.
If an employee is sent to undergo an independent qualification assessment at the initiative of the employer, the employee must be asked for written consent. At the same time, the employer must provide them with certain guarantees and compensations for the period of the assessment by employees. In particular, in accordance with Art. 187 of the Labor Code of the Russian Federation:
payment for passing such an assessment is carried out at the expense of the employer;
the employee retains the place of work (position) and the average salary at the main place of work;
if an independent assessment is carried out in another locality, the employee is paid travel expenses in the manner and amount that are provided for persons sent on business trips.
For your information: guarantees when an employer sends an employee to undergo an independent assessment of qualifications can be established collective agreement, agreements, local regulations, labor contract (Article 196 of the Labor Code of the Russian Federation).
What is the validity period of the results of the independent evaluation?
Since the period of validity of the results of an independent assessment is not established by Law No. 238-FZ, a logical question arises: how often do employees need to confirm their qualifications, that is, what is the validity period of the assessment results?
Recall that an independent assessment is carried out by the CSC in the form of a professional exam in the manner determined by the Decree of the Government of the Russian Federation dated November 16, 2016 No. 1204 “On Approval of the Rules for Conducting an Independent Qualification Assessment Center in the Form of a Professional Exam” (hereinafter - Decree No. 1204). The examination is carried out using the means for conducting an independent assessment of qualifications for the relevant qualification, approved by the council for professional qualifications.
The exam is considered successfully passed if the applicant achieves a result that meets the assessment criteria determined by means of an independent qualification assessment. The results of the exam are issued by the CSC no later than 30 calendar days after its completion and are issued to the applicant or his legal
When asked about the validity period of the results of an independent assessment, the Ministry of Labor replies that the validity period of a certificate of qualification, which is issued on the basis of successful completion of an independent assessment, is determined by councils for professional qualifications, depending on the pace of development of the type professional activity(updating technologies, knowledge and skills used in specific activities).
Read also
- Independent qualification assessment since 2017: what it is, who may need it and why
- Getting ready for an independent qualification assessment
- We send employees for an independent assessment of qualifications
Information on the validity period of certificates of qualification can be obtained from the Register of information on conducting an independent assessment of qualifications, posted on the Internet on the website of ANO "National Agency for the Development of Qualifications" nok-nark.ru (hereinafter referred to as the Register of information on assessment). There you can also get information about the list of titles of qualifications and professional standards against which qualifications are assessed.
How much does an independent appraisal cost?
As established by Law No. 238-FZ, if qualification assessment is carried out:
1. At the initiative of the applicant - payment for services is carried out at the expense of the applicant or other individuals and (or)
2. In the direction of the employer - at the expense of his funds.
Payment for services is carried out on the basis of an agreement concluded between the person at whose expense the professional examination is held and the CSC on the provision of services for a fee. When asked about the cost of services for an independent assessment, the Ministry of Labor replies that this is determined by the CSC. Information about the cost of passing an independent qualification assessment will be posted on their websites.
For your information: for example, the cost of an independent assessment of the applicant's qualifications for each qualification, conducted by the NP "Institute professional accountants and Russia”, amounts to 19,000 rubles.
At the same time, when paying for services for citizens, social tax deductions are provided in case of expenses for passing a qualification assessment (the list of grounds for tax deductions is being expanded, and the total amount of deductions for all reasons does not increase) (Article 219 of the Tax Code of the Russian Federation).
With regard to benefits for employers, Art. 264 of the Tax Code of the Russian Federation provides: the expenses of employers for qualification assessment relate to other expenses that are associated with the production and sale of goods (works, services) and which are not taxed According to the same article, this will be possible only if the organization has an agreement on the provision of services for conducting independent evaluation concluded with the CSC, and labor contract with an employee undergoing this evaluation.
How are the results of the independent evaluation applied?
As the Ministry of Labor has already noted, qualification assessment is voluntary and does not entail any mandatory consequences or requirements.
In particular, the employer will not be able to dismiss an employee on the basis of unsatisfactory results when passing an exam (unlike the certification provided for in Article 81 of the Labor Code of the Russian Federation).
For your information: attestation is a check of the professional level of an employee to establish the compliance of his qualifications with the position he holds or the work he performs. At the same time, the employment contract can be terminated by the employer if the employee does not comply with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification (clause 3, part 1, article 81 of the Labor Code of the Russian Federation).
The certification procedure is established by labor legislation and other acts containing norms labor law, local regulations adopted taking into account the opinion of the representative body of employees (part 2 of article 81).
In response to the question of what the results of an independent assessment can give the applicant and the employer, officials indicated the following:
upon successful completion of the exam, a citizen can present his certificate of qualification upon employment;
in accordance with the result of passing the qualification assessment, the employee can plan further professional career and the employer to organize the training of employees, their inclusion in personnel reserve and etc.;
qualification assessment enables a person who does not have vocational education but having work experience, feel more confident in the labor market, plan a professional career, which increases competitiveness in the labor market;
in the event of an unsatisfactory passing of the exam, the conclusion issued to the applicant about this will tell him and the employer what knowledge and skills need to be acquired in order to successfully pass the professional exam in the future.
If the organization provides for certification
Employers who have established such a method of assessing the qualifications of employees as attestation ask how to apply Law No. 238-FZ.
And here is the response of the Ministry of Labor. In accordance with paragraph 3 of Art. 1 of Law No. 238-FZ, a different procedure for assessing the qualifications of employees or persons applying for a certain type of labor activity may be established by other federal laws and other regulatory legal acts of the Russian Federation if, in relation to the relevant categories of employees, the Labor Code defines the specifics of labor regulation, in including in connection with the performance of work in harmful and (or) dangerous conditions.
For your information: features of labor regulation in Labor Code established, in particular, for pedagogical and scientific, and creative workers, and trainers. At the same time, for pedagogical, scientific and medical workers, employees of cultural and art institutions, other federal laws and regulatory legal acts, in order to confirm the qualifications and compliance with the positions held, certification is established.
If it is necessary to establish a different procedure for assessing the qualifications of employees (attestation, etc.) than statutory No. 238-FZ, federal body in the relevant sector of the economy, amendments to the Labor Code should be prepared in terms of introducing specific features of labor regulation for workers whose job requirements are defined in Law No. 238-FZ.
Note: the provisions of Law No. 238-FZ do not apply to civil servants and citizens applying for civil service positions.
About the creation of the CSC
For your information: according to the Order of the Ministry of Labor of the Russian Federation of December 19, 2016 No. 759n “On approval of requirements for qualification assessment centers and the Procedure for selecting organizations to empower them with the authority to conduct an independent assessment of qualifications and terminate these powers” (hereinafter - Order No. 759n), a CSC is a legal entity that empowered by the council to conduct an independent assessment of qualifications.
Such powers cannot be vested in a legal entity that is and (or) whose founders include educational organizations, their unions (associations, associations).
The selection of organizations for the empowerment of independent qualification assessment is carried out on the basis of an application legal entity on vesting him with these powers and documents that are submitted to the Council for Professional Qualifications (hereinafter referred to as the Council). All the necessary information on this issue is available in the Register of Assessment Information and on the website of the Ministry of Labor.
For your information: council for professional qualifications - a management body vested in accordance with Law No. 238-FZ with the authority to organize an independent assessment of qualifications for certain kind professional activities (Article 2 of Law No. 238-FZ).
The Council sends to the applicant organization a decision on the results of consideration of the application and empowerment or refusal to do so within 100 calendar days from the date of receipt of the documents.
Information about the CSC is formed by the Council and submitted to the National Agency for the Development of Qualifications for placement in the Register of information on assessment no later than 5 calendar days after the Council decides to empower the applicant organization with the authority to conduct an assessment.
As for the requirements for members of the CSC expert commission, according to paragraphs. "c" clause 3 of the requirements for the CSC, approved by Order No. 759n, they must have a qualification confirmed by the Council that meets the requirements specified in the assessment tool for an independent assessment of qualifications.
According to Law No. 238-FZ and Order of the Ministry of Labor of the Russian Federation of November 1, 2016 No. 601n “On Approval of the Regulations on the Development of Evaluation Tools for Independent Qualification Assessment”, evaluation tools are a set of tasks, evaluation criteria used by the CSC when conducting a professional exam for compliance with the qualifications of an applicant the provisions of the professional standard or qualification requirements established by federal laws and other regulatory legal acts of the Russian Federation. The evaluation tools contain a description of the material, technical and staffing of the evaluation activities, including the requirements for staffing for the professional examination. The development of evaluation tools is organized by the Council.
To inform citizens, employers and other interested organizations, it is planned to maintain a Register of information on assessment, which will contain information about councils, CSCs, a list of qualifications and provisions of professional standards for compliance with which qualifications are assessed, information about assessment tools. The information contained in the register is open for viewing by citizens and organizations, with the exception of personal data. Access of citizens and organizations to the Register of assessment information is free of charge and is provided by the National Agency for the Development of Qualifications using the Internet.
Summing up what the Ministry of Labor has said, it can be noted once again that an independent assessment is a voluntary event. So far, no one can force either employers or employees to conduct (pass) it. And even if it was carried out, then it will not work to use the results of the assessment in order to confirm the compliance of the employee with the position held and his dismissal.
However, the stakes for this procedure are high. Officials are sure that passing the qualification assessment will simplify the process of employment and that the employees themselves will be interested in maintaining a high level of their knowledge, skills, etc. throughout their working life. And first of all, an independent assessment will be carried out by organizations in which they are required to apply professional standards, and public sector institutions.
During the transition period, until 2019, most likely, changes and additions will still be made to regulatory framework, to approve new professional standards and create new CSCs, since at the moment there are clearly not enough of them.
professional standards of SRO appraisers employment contract
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