We need to receive a written expert opinion on the issue - who is a certified specialist and has the right to free master's education and paid study leaves. Is it possible to obtain this official opinion from your organization, in what time frame and cost? Thank you in advance!

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• Job advertisements may not include citizenship requirements for applicants.
• For using the labor of a foreigner without a patent, the actual employer will be fined, not the intermediary company
• A certified specialist is entitled to paid leave for master's studies

Job advertisements may not include citizenship requirements for applicants.

We want to hire employees for a new division of our company. The director said that only Russian citizens should be accepted. Is it permissible to indicate the citizenship requirement of applicants in job advertisements? Is this discrimination and, as a result, do we face fines? Code of Administrative Offenses of the Russian Federation?- asks Tatiana Gavrilova via the website tspor.ru

Shared my experience Ksenia Mikhailichenko, Coordinating Lawyer of the Autonomous Non-Profit Organization “Center for Social and Labor Rights”:

Indication in a vacancy announcement of preferences regarding the citizenship of the applicant is discriminatory. For such actions, regulatory authorities may fine the employer under Art. 13.11.1 Code of Administrative Offenses of the Russian Federation.

Discrimination is understood as restriction of rights or establishment of advantages not related to the business qualities of an employee (Article and Article 64 of the Labor Code of the Russian Federation). For example, this is a situation when an employer wants to hire people of a certain gender, age, nationality, etc. Despite the fact that citizenship is not indicated as a qualifying characteristic for discrimination, it does not apply to the employee’s business qualities.

Shared experience Alexander Popov, editor-in-chief of the magazine “Labor Disputes”:

It will not be possible to challenge the sanctions. This is due to the fact that in order to bring to administrative responsibility under Art. 18.15 of the Code of Administrative Offenses of the Russian Federation, the very fact of using the labor of a foreigner is important, and not the conclusion of an employment or civil law contract with him.

Companies have the right to hire foreigners not only on the basis of labor contracts, but also civil law contracts, the subject of which is the performance of work or the provision of services (). But not all employers enter into contracts directly with employees. They often use the services of intermediaries, who first hire employees on their staff and then provide their services to other companies under outstaffing agreements. It is this intermediary that acts as the real employer of the provided workers.

Unfortunately, such a scheme does not relieve the actual employer from the need to verify the identity, citizenship and, as a consequence, the availability of permits of the provided employees. The Code of Administrative Offenses of the Russian Federation (note to Article 18.15) understands the involvement of a foreigner in labor activity as the admission of a foreigner in any form to the performance of work or the provision of services, or other use of his labor.

Therefore, bear administrative responsibility under Art. 18.15 of the Code of Administrative Offenses of the Russian Federation will have to do with the company that allowed a foreign citizen to perform work. Moreover, the fact that neither an employment nor a civil law contract was concluded with him will have no legal significance. This means that you will not be able to challenge the fines. In particular, in a similar situation, the FAS of the Moscow District considered bringing the company to administrative liability under the Code of Administrative Offenses of the Russian Federation as legal (). A similar decision was made somewhat earlier by the Federal Antimonopoly Service of the Volga Region ().

A certified specialist is entitled to paid leave for master's studies

Recently, our employee submitted to the HR department a summons certificate and an application for study leave to undergo an interim certification in the first year of a master's degree. Moreover, he already has a higher education. In this case, are we obliged to provide him with study leave?- asks Lyudmila Oparina via the website tspor.ru

Shared my experience Sofia Svetlova, independent labor law consultant:

It all depends on what degree your employee has. If he is a certified specialist (it will indicate his specialty and qualifications) or a bachelor, then he is entitled to paid leave, but if he is a specialist (the diploma will indicate “specialist diploma”), then he may be denied leave.

An employee has the right to count on study leave only if he receives education at the appropriate level for the first time (). Levels of vocational education (secondary and higher) are listed in Art. 10 of Federal Law No. 273-FZ of December 29, 2012 (hereinafter referred to as Law No. 273-FZ). In this norm, the second level is named bachelor's degree, and the third, separated by commas, is specialty and master's degrees. Since specialty and master's degrees in Part 5 of Art. 10 of Law No. 273-FZ are listed separated by commas, this means that none of these qualifications is higher than the other. In other words, a specialist’s degree and a master’s degree are considered the same level of education, which means that an employee with a specialist diploma does not have the right to apply for compulsory study leave during the period of study in a master’s degree.

Misunderstandings regarding payment for studies of an employee in a master's program who has a specialist diploma arise in connection with the interpretation of the norm of Art. 108 of Law No. 273-FZ. According to it, employees with the qualification “Certified Specialist” can be admitted to a university to study in a master’s program. Moreover, this does not count as receiving a second (subsequent) higher education. Therefore, before applying for paid study leave, you need to find out what kind of diploma the employee has: a specialist or a diploma confirming the qualification “Certified Specialist”. In the first case, the employer is not obliged to provide such leave to obtain a master's degree.

A specialist is a citizen who has successfully completed training in a specialty program and received a diploma according to the model approved by order of the Ministry of Education and Science of Russia dated October 1, 2013 No. 1100. The document will say “Specialist Diploma.”

The situation with certified specialists is as follows. Previously, instead of levels of education, there were different levels of higher professional education: bachelor, diploma and master (Federal Law of August 22, 1996 No. 125-FZ, as amended before November 13, 2009). In other words, entering a master's program meant moving to the next level, and not being at the same level, as is now the case with ordinary specialists. In the higher education diploma of a certified specialist, the phrase “specialist diploma” is absent. Previously existing forms did not provide for it (resolution of the State Committee for Higher Education of the Russian Federation dated November 30, 1994 No. 9). Instead, qualifications were indicated, for example, “Economist,” indicating the specialty “Accounting, Analysis and Audit.” Now taking into account the provisions

After the reform of the Russian higher education system, a certain confusion arose regarding such concepts as “specialist”, “master” and “bachelor”. Employers are a little skeptical about the last two entries in a job applicant’s diploma, since “certified specialist” is still more common.

If a person encounters these concepts rarely or has not encountered them at all, he does not see the differences at all. But in reality there is still a difference.
A person graduates from a higher educational institution and becomes a certified specialist, that is, receives a diploma from this very educational institution. The concept of “certified specialist” has been familiar to us since Soviet times. Even in those days it meant a person who, that is, graduated from an institute or university.

Today, a certified specialist is a practitioner who also graduated from an institute or university. But there is no such qualification in the European Union. Therefore, due to the fact that Russia is switching to the European type of education, it is planned to abandon the assignment of the title of “certified specialist” to university graduates.

How do you become such a specialist in Russia? After five or six years of study at the institute, its graduate is given a diploma of qualification. And a new graduate can start working as an engineer or teacher. However, if a graduate has a desire, he can continue to study further. In this case, he will receive the next degree - a master's degree.

What is better: specialist or master's degree?

Can be obtained by both a bachelor, whose higher education was limited to the acquisition of basic knowledge in the chosen specialty, and a specialist. To become a master, you need to spend another two years studying, and then you will be given a diploma indicating that the person has been awarded a master's degree in any science. Typically, a person who has received such a degree does not practice; his path is scientific activity.

So, what is the difference between a specialist and a master?

A master's degree is which, after studying for two additional years, can be obtained not only by a certified specialist, but also by a bachelor's degree. At the same time, if a certified specialist must engage in practical work, a master devotes himself entirely to scientific work.

A specialist receives higher education for at least five years, and sometimes six. A bachelor receives it in a shorter time - in four or three years, depending on what his educational base is.

For the first three years, future students applying for a bachelor's degree study one at a time in the direction they have chosen. This time is given to train a generalist, and in the fourth year they choose a narrow profile.

That is, a bachelor's degree is an excellent opportunity to decide on the profile of their education for those students who have not yet done so. It is also possible to study several profiles at the same time.

The main goal of higher education is to ensure the training of highly qualified personnel who will be able to work in all main areas of socially useful activities. A certified specialist is one that both society and the state need. Higher education is aimed at fully satisfying human development needs, obtaining in-depth and expanded knowledge, and scientific and pedagogical qualifications.

Only those persons who already have a secondary general education, that is, have completed 11 grades of school, can enroll in a bachelor’s or specialist’s degree.

There is also a master's program. It can be mastered by persons who already have a higher education.

Bologna Declaration

In 1998, France, Germany, Great Britain and Italy took the initiative to create a European Common Educational Space. A year later, in 1999, 29 European countries signed a document called the Bologna Declaration.

A few years later, the Russian Federation also signed this declaration. Since 2003, Russian education has been gradually moving to a two-stage European system of higher education. Two main directions of this system:

• Bachelor's degree - first stage;
• Master's degree - second stage.

Before this, the country had a single form of higher education - specialty.

European education system

Currently, more than 50 countries comply with the education standards adopted at the Bologna Process. These are mainly European countries. The two-tier education system in Europe is traditional. Students study for a bachelor's degree for an average of 3-4 years, and for a master's degree - 1-3 years after the bachelor's degree. Both types of education are equated to full higher education. After receiving a bachelor's degree, a young specialist can get a job. Some prefer to continue their studies and go to a master's degree.

Higher education in Russia

There are now several levels of higher education in Russia:

• Obtaining a bachelor's degree.
• Qualification "certified specialist".
• Obtaining a master's degree.

In our country, both levels of education successfully coexist: traditional and European. It is currently impossible to cancel the “certified specialist” qualification in a number of universities in the country: technical, military and medical.

The terms of study by level are as follows:

• Bachelor's degrees take 4 years.
• For a certified specialist - 5 years.
• Obtaining a master's degree is possible after 6 years of study. That is, bachelor students will study for another 2 years, and specialists - 1 year.

Obtaining Educational Degrees

To enroll in a bachelor's or specialist's degree, a student only needs to successfully pass the Unified State Exam. While studying for a bachelor's degree, a student studies a basic educational program, upon completion of which he receives a diploma of general higher education.

After five years of study, a specialist receives a certified specialist diploma, which indicates his chosen specialty.

A master is an expert in a scientific field. Admission to a master's program is possible after passing exams in specialized subjects.

A specialist differs from a master in that the former is purposefully prepared for practical activities in a certain field, and the latter for scientific activities.

The next degree of education is graduate school. Masters and specialists can study at this level.

Bachelor

If a couple of decades ago the title of “bachelor” was awarded only to those who studied at European higher educational institutions, now it can be successfully obtained at Russian universities. Now that former schoolchildren can go to study for both a specialist and a bachelor's degree, there is confusion. These concepts have become interchangeable, and many do not know what the difference is between them. Let's try to figure it out.

The title “Bachelor” comes from the medieval name for a knight who did not have his own banner. It smoothly migrated to students of the European Middle Ages. Now a bachelor is a university graduate who has completed 4 years of study and received basic higher education. The specialist training program is quite broad. They are taught all general education disciplines, as well as a number of special ones.

Certified specialist

This concept appeared in Soviet times. What does "certified specialist" mean? This is a graduate of a higher educational institution who has received a diploma with a qualification. A specialist is nothing more than the assignment of a professional qualification to a graduate in a certain narrow specialty.

If a student does not complete the required period of study, he does not receive anything. That is, if he studied to become a specialist for 4 years and then decided to quit, he will not receive a bachelor’s degree.

Differences between bachelor and graduate

These concepts should not be confused. Yes, they have a lot of similarities, but the differences are very significant. A bachelor's degree involves obtaining an academic degree, and a certified specialist is already a professional qualification.

The terms of study at universities are also different. Let us remind you that bachelors study for four years, and specialists for five years. The first couple of years of training at both levels are almost the same. Later, the training programs diverge. Specialists are trained in a narrower area related to a specific professional activity.

Europe readily recognizes the title "Bachelor". A “certified specialist” is needed only in the post-Soviet space. In Russia, bachelor's graduates are viewed somewhat distrustfully, preferring to hire a specialist.

Title "specialist"

The qualification “certified specialist” was awarded in Russia to persons who began training until the end of 2008. Then a law passed on October 24, 2007 came into force, according to which higher educational institutions can train their students in a specialty program.

By and large, the difference between the concepts of “certified specialist” and “specialist” lies in the education document itself. In the first case, the State Examination Commission, after the graduate has defended his thesis, assigns him the appropriate qualification. It is displayed in the diploma as the entry “Geographer”, “Lawyer” and so on.

Diplomas of higher education were issued to “certified specialists” until 2013. All of them correspond to a single model approved back in 1994. It is no longer possible to obtain a certified specialist diploma, the photo of which is presented below.

Since the beginning of 2014, graduates of higher educational institutions receive a diploma, which confirms that they have received the level of specialist in a certain area. It contains the entry “Specialist”.

Now it is no longer possible to become a certified specialist. The new education system, which included the concepts of bachelor's and master's degrees, led to a change in the traditional form of education. And now in the country you can see diplomas with the inscription “certified specialist” and “specialist”. The difference between them is minimal - the training period. All those who have entered study since 2011 are simply specialists, without being awarded a qualification.

Finally

The modern education system strives for a uniform model throughout the world. To ensure that our country’s specialists are in demand around the world, Russia signed the Bologna Declaration and added a European one to the existing education system.

Thus, in our country it became possible to obtain not only a specialist’s diploma, but also a bachelor’s and a master’s degree. Each of them has its own pros and cons, and school graduates themselves decide where to go to study next.

a person who has received a higher professional education and has successfully passed the final certification, confirmed by the assignment of the qualification “certified specialist”. The period for mastering the main educational programs of higher professional education is no less than five years for obtaining the qualification of a “certified specialist”, with the exception of cases provided for by the relevant state educational standards.

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