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Publication date: 06.05.2024
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Employers can hire employees with partial qualifications (self-education): decision of the parliament
The Committee on Social Policy and Protection of Veterans' Rights (hereinafter referred to as the Committee) continues to investigate the impact of the laws of Ukraine adopted by the Verkhovna Rada of Ukraine on the recommendation of the Committee on the labor market.
Vigilant attention to employment is dictated by the desire of parliamentarians to contribute to the best implementation of the constitutional right of citizens to work and to reduce the level of poverty in Ukraine despite the war.
At the beginning of Russia's large-scale military aggression against our country, the Verkhovna Rada of Ukraine adopted the Law of Ukraine dated April 1, 2022 No. 2179-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding the Functioning of the National Qualifications System" (hereinafter - Law No. 2179), which created opportunities for every Ukrainian to confirm the qualifications obtained outside the formal education system and to get a job in a larger number of vacancies that were in demand during the war in one or another field.
The clear formulation of new concepts in the field of qualifications by Law No. 2179 created legal certainty in the regulation of labor relations, in particular, regarding the establishment of requirements for the professional skills and abilities of an employee upon hiring, determining the content of his work function, as well as the organization of remuneration, etc.
On July 20, 2023, the Committee examined the analysis of the practice of applying Law No. 2179 in the order of control and confirmed the positive development of the national qualifications system.
"This law is another stage of modernization of the National Qualification System.We actually created a system of partial additional professional qualifications from scratch, launched the recognition of informal and non-formal education, and changed the procedure for developing professional standards. During the year, the National Agency of Qualifications took powerful steps that contributed to the employment of Ukrainians, said the Head of the Committee, Halyna Tretyakova. "It is important, among other things, to establish the priority of the professional standard over the qualification characteristic, which is outdated."
Thanks to Law No. 2179, professional standards are developed and approved by a developer, who can act, in particular, the employer. This legislative innovation is important, because it is the business that knows what skills, knowledge and competencies an employee should possess. In addition, professional standards are now tied to the wage system, which will have a positive effect on wages.
Since the beginning of the new Law No. 2179, in particular:
• additional qualification centers have been created, where a person can confirm his professional qualifications obtained through informal or informal education; • it became possible to assign a number of new full and partial qualifications.
Thus, after the entry into force of Law No. 2179 as of July 20, 2023, 31 qualification centers were created for 148 unique professional qualifications. During the last year, qualification centers have already issued 1,379 certificates of assignment/confirmation of full and partial professional qualifications. At the same time, the network of qualification centers is gradually growing. Their activities are already carried out in 12 regions of Ukraine and the city of Kyiv. The Register of types of occupations (professions) and qualifications is maintained according to the modern European model of social partnership.
It is worth noting that at the request of the National Qualifications Agency, the Government approved a list of jobs that do not require a person to have a professional or partial professional qualification. We are talking about the simplest professional job titles that require a minimum amount of knowledge to perform simple tasks, including the use of hand tools.
Thus, Law No. 2179 forms the conditions for promoting the employment of the country's population, this applies not only to cases where a person has a professional qualification, but also to cases of its absence.
"In general, I want to confirm the opinion of our European partners, who note that the relevant innovations of Ukraine on the labor market are a practical example of Ukraine's integration into the European Union. Because from March 2023, all professional standards that will be developed in Ukraine will contain the level of the National Framework of Qualifications.Given that Ukraine has carried out the procedure of comparing the National Qualifications Framework with the European Qualifications Framework, this means that we are starting to speak the same language with the European Union not only politically, but also professionally, in the qualifications system. This means that a favorable climate is being created for European business investments in Ukraine during the war and after the war, Yurii Balanyuk, Head of the National Qualifications Agency, said in his speech at the Committee. — An example is the statement of the German company "Rheinmetall" about locating a plant in Ukraine. She is already asking about specific specialties, professions and is interested in the work of qualification centers."
Currently, the National Qualifications Agency, together with the Ministry of Education and Science of Ukraine, is working on the draft of the Law on the National Qualifications System. "It is very important that we take a step towards the European community in terms of assessing the professionalism of personnel. We expect the fastest possible inflow of investments and a process where Ukrainians will be able to demonstrate in practice our level of qualification and professional standards of Ukraine," noted First Deputy Chairman of the Committee Mykhailo Tsimbalyuk.
Representatives of the parties to the social dialogue also spoke positively about the impact of Law No. 2179 on the labor market and provided suggestions for the text of the Committee's Recommendations on the analysis of the practice of applying Law No. 2179-IX dated April 1, 2022.
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"Currently, there is a discrepancy between the state order of the labor market. The education system continues to train many different specialists without a particular analysis of the labor market, without understanding who exactly will be needed in the medium and long term. It is impossible to spend huge sums of money on specialists who are either not in demand by the labor market at all, or are in demand in a much smaller volume than they are being trained, — noted Serhii Bilenkyi, Deputy Chairman of the Employers' Association of Employers at the national level. — We are preparing certain legislative initiatives to solve this problem. We will offer it to people's deputies of Ukraine for registration in the parliament." The Deputy Minister of Economy of Ukraine Tetyana Berezhna agreed that there is a discrepancy between the state order and the needs of the labor market. According to her, today, particularly because of the war, there is a need for rehabilitators, occupational therapists and social workers.
The head of the Committee, Halyna Tretyakova, noted that the Committee will recommend the Cabinet of Ministers of Ukraine to speed up work on the creation of a new state procurement mechanism, taking into account analytical data and economic foresight. "With our recommendations, we will speed up work on the preparation of a new law on state procurement," Ms. Tretyakova summarized.
In turn, the First Deputy Chairman of the SPO of Trade Union Associations, Deputy Chairman of the FPU, Oleksandr Shubin, proposed instructing the State Statistics Service to study the issue of strengthening and restoring full-fledged statistics of labor market indicators. "It is almost impossible to get information about the state of the labor market, especially by industry. And the state order and its planning will not be able to model the development of the market without full-fledged statistics of the Ministry of Economy," he said. The proposals of the trade union environment will also be taken into account in the Committee's Recommendations.
The approved text of the Recommendations will be published later on the official website of the Committee.
