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Professional Education and Training of Employees: On the New Doctrine of the Institute of Labor Law
The article examines the correlation between the concepts of “professional education”, “professional teaching”, “professional preparation”, “qualification”, fixed in the Labour Code of the Russian Federation and the Federal law “On education in the Russian Federation”. In the Labour Code of the Russian Federation the concept of “preparation” is synonymous with the concepts of “professional education” and “professional teaching”. It is proposed to delete the indefinite term “preparation” from the title and content of the Chapter of the Labour Code of the Russian Federation. There is a different interpretation of the concepts of “qualification” in the Labour Code and the Federal law. As a result - different interpretation of this concept by courts of General jurisdiction. Courts may to confuse the term of “advanced training” and “professional preparation”. The necessity of using the correct concept of “qualification” provided in article 195.1 of the Labour Code of the Russian Federation is substantiated. It is emphasized that the category of “professional standard” refers more to labour rather than educational relations, and their consolidation in the Labour Code of the Russian Federation is unreasonable. The conclusion about the need to name Section IX of the Labour Code of the Russian Federation “professional education and professional teaching” is formulated. Despite the presence in article 1 of the Labour Code of the Russian Federation of the right of the employee to preparation and additional professional education, in part 2 of article 22 of the Labour Code of the Russian Federation does not provide for the corresponding obligation of the employer. In this regard, the authors consider it important to fix in article 22 of the Labour Code of the Russian Federation the obligation of the employer to provide professional education and professional teaching of employees. In development of this, the authors propose to establish the obligation of the employer to send the employee to professional teaching, retraining for vacant positions before dismissal of the employee to reduce the number or staff.