LAW OF UKRAINE

of January 12, 2012 No. 4312-VI

About professional development of workers

This Law determines the legal, organizational and financial principles of functioning of system of professional development of workers.

Section I.Общие of provision

Article 1. Determination of the main terms

1. In this Law the stated below terms are used in such value:

employee assessment - assessment procedure of professional level of workers to qualification requirements and job responsibilities, evaluating their professional level;

informal professional training of workers - the acquisition by workers of professional knowledge, skills which is not regulated by the place of acquisition, term and form of education;

confirmation of qualification of workers - the procedure of determination of compliance of professional knowledge, skills of workers to the requirements and job responsibilities established by the legislation, evaluating their professional level by certification;

the worker - physical person which works according to the employment contract (contract) at the company, in organization and the organization irrespective of pattern of ownership and type of activity or at physical person which according to the legislation uses wage labor;

professional training of workers - process of purposeful forming at workers of special knowledge, development of necessary skills and abilities which give the chance to raise labor productivity, most qualitatively to fulfill functional duties, to master new types of professional activity, including primary professional training, retraining and advanced training of workers according to requirements of production;

the employer - the owner of the company, organization, organization irrespective of pattern of ownership and type of activity or the body authorized by it or physical person which according to the legislation uses wage labor;

formal professional training of workers - acquisition by workers of professional knowledge, skills in educational institution or is direct at the employer according to requirements of state standards of education by results of which the education document of the established sample is issued.

Article 2. State policy in the sphere of professional development of workers

1. The purpose of state policy in the sphere of professional development of workers is increase in their competitiveness according to public requirements by assistance to the employer in effective use of work and ensuring achievement of proper professional level with workers.

2. State policy in the sphere of professional development of workers is created by the principles:

availability of professional development to workers;

the free choice by the employer of forms and methods of ensuring professional development of workers taking into account specifics of their work;

respect for interests of the employer and worker;

continuity of process of professional development of workers.

Article 3. Management in the sphere of professional development of workers

1. Public administration in the sphere of professional development of workers is exercised of the central executive body provides forming of state policy in the sphere of work, employment relationships and employment of the population, the central executive body in education and sciences, others central and local executive bodies according to their powers.

2. Direct control in the sphere of professional development of workers is exercised by employers by the organization of professional training of workers, their certifications.

Article 4. Activities of employers in the sphere of professional development of workers

1. The main activities of employers in the sphere of professional development of workers are:

development of the current and perspective plans of professional training of workers;

determination of types, forms and methods of professional training of workers;

development and accomplishment of working curricula and programs of professional training of workers;

organization of professional training of workers;

selection of pedagogical personnel and specialists for carrying out professional training of workers directly at the employer;

maintaining primary and statistical recording of number of workers, in particular those which underwent professional training;

stimulation of professional growth of workers;

ensuring advanced training of workers is direct at the employer or in educational institutions, as a rule, at least, than once in five years;

determination of frequency of employee assessment and organization of its carrying out;

carrying out analysis of results of certification and implementation of actions for increase in professional level of workers.

Article 5. Participation of labor unions, organizations of employers, their associations in ensuring professional development of workers

1. Labor unions and their associations, organizations of employers and their consolidation:

take part in forming and realization of state policy in the sphere of professional development of workers, implementation of the actions provided by collective agreements and agreements;

exercise public control over observance of requirements of regulatory legal acts in the sphere of professional development of workers;

together with public authorities participate in market monitoring of work and forecasting of its development, forming of the state order on training of specialists.

Section II. Professional training of workers

Article 6. Organization of professional training of workers

1. The organization of professional training of workers is performed by employers taking into account requirements of own economic or other activity according to requirements of the legislation.

2. Professional training of workers is performed directly at the employer and on contractual basis in professional and higher educational institutions, at the companies, in organizations or the organizations.

3. The employer can form separate division concerning professional training of workers or assign functions on the organization of such training to the corresponding specialists.

4. Professional training of workers will be organized according to the procedure, determined by the central executive body provides forming of state policy in the sphere of work, employment relationships and employment of the population in coordination with the central executive body in education and sciences, other interested central executive bodies, the All-Ukrainian Unions of labor unions, the All-Ukrainian Unions of the organizations of employers.

5. Employers can perform formal and informal professional training of workers.

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