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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 238-FZ

About independent assessment of qualification

Accepted by the State Duma on June 22, 2016

Approved by the Federation Council on June 29, 2016

Article 1. Subject of regulation of this Federal Law

1. Subject of regulation of this Federal Law are the relations arising when carrying out independent assessment of qualification of the workers or persons applying for implementation of certain type of labor activity.

2. This Federal Law establishes legal and organizational basis and procedure for carrying out independent assessment of qualification of the workers or persons applying for implementation of certain type of labor activity and also determines legal status, the rights and obligations of participants of such independent assessment of qualification.

3. Other procedure for evaluating qualification of the workers or persons applying for implementation of certain type of labor activity can be established by other Federal Laws and other regulatory legal acts of the Russian Federation if concerning the corresponding employee categories the Labor Code of the Russian Federation determines features of regulation of work of such workers, including in connection with performance of works with harmful and (or) dangerous working conditions.

4. This Federal Law is not applied to the citizens applying for replacement of positions of public service and government employees.

Article 2. The basic concepts applied in this Federal Law

For the purposes of this Federal Law the following basic concepts are applied:

1) the national agency of development of qualifications - the autonomous nonprofit organization created for the purpose of ensuring activities for development of qualifications in the Russian Federation which part of founders the all-Russian associations of employers, the all-Russian associations of labor unions and the Russian Federation on behalf of which functions and powers of the founder perform the federal executive bodies authorized by the Government of the Russian Federation are;

2) national council - national council in case of the President of the Russian Federation on professional qualifications which is consultative body in case of the President of the Russian Federation for consideration of the questions concerning development of qualifications in the Russian Federation;

3) independent assessment of qualification of the workers or persons applying for implementation of certain type of labor activity (further - independent assessment of qualification), - the procedure of confirmation of conformity of qualification of the job seeker to the provisions of the professional standard or qualification requirements established by the Federal Laws and other regulatory legal acts of the Russian Federation (further - requirements to qualification) held by assessment center of qualifications according to this Federal Law;

4) estimative means for carrying out independent assessment of qualification - complex of tasks, the evaluation criteria used by assessment centers of qualifications when holding professional examination;

5) the register of data on carrying out independent assessment of qualification - information resource for ensuring carrying out independent assessment of qualification (further - the register);

6) council on professional qualifications - the governing body given according to this Federal Law authority on the organization of carrying out independent assessment of qualification for certain type of professional activity;

7) the job seeker - the worker or person applying for implementation of certain type of labor activity who addressed, including in the direction of the employer, in assessment center of qualifications for confirmation of the qualification according to the procedure, established by this Federal Law;

8) assessment center of qualifications - the legal entity performing activities for carrying out independent assessment of qualification according to this Federal Law.

Article 3. Participants of system of independent assessment of qualification

Participants of system of independent assessment of qualification are:

1) national council;

2) national agency of development of qualifications;

3) councils on professional qualifications;

4) assessment centers of qualifications;

5) employers;

6) job seekers;

7) the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of work (further - authorized body of the executive authority).

Article 4. Carrying out independent assessment of qualification

1. Independent assessment of qualification is carried out in the form of professional examination by assessment center of qualifications according to the procedure, established by the Government of the Russian Federation.

2. Professional examination is held at the initiative of the job seeker at the expense of means of the job seeker, other physical and (or) legal entities or in the direction of the employer at the expense of means of the employer according to the procedure, established by the labor law.

3. For passing of professional examination to assessment center of qualifications the written application of the job seeker on the established sample submitted personally through the legal representative or in electronic form with use of information and telecommunication networks public, including Internet networks, the passport copy or the copy of other identity document, and also other documents necessary for passing by the job seeker of professional examination in the corresponding qualification, information on which contains in the register, are represented.

4. Following the results of passing of professional examination to the job seeker in 30-days time by the assessment center of qualifications grants the certificate on qualification, and in case of receipt of unsatisfactory assessment when passing professional examination - the conclusion about passing of professional examination including recommendations for the job seeker. During this term check, processing and recognition of results of independent assessment of qualification of the job seeker by council on professional qualifications are performed.

5. Data on the granted certificates on qualification are entered by the national agency of development of qualifications in the register.

6. The job seeker, the employer specified in part 2 of this Article other physical and (or) legal entities who do not agree with the decisions made by assessment center of qualifications following the results of passing of professional examination within thirty calendar days from the date of informing them about results of passing of professional examination according to the procedure, established by regulations on the appeal commission on consideration of the claims connected with results of holding professional examination and issue of the certificate on the qualification having the right to make the written complaint in the appeal commission of council on professional qualifications.

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