Customers on 223-FL have the right to require that specialists in the sphere of purchases answered the professional standard

According to the Ministry of Economic Development, customers on 223-FL independently establish requirements to qualification of the workers who are engaged in carrying out purchases. Therefore it is possible to demand from procurement experts that their qualification answered the professional standard of Ministry of Labor.

Under the Labor Code of the Russian Federation if the regulatory legal act establishes requirements to qualification of the employee, professional standards are obligatory for employers regarding such requirements. In the Law N 223-FL there are no similar requirements. Therefore, the customer himself can determine criteria to which qualification of the employees who are carrying out purchases shall answer.

Let's note, the professional standard for procurement experts requires that the worker who carries directly out purchases had the higher education or professional additional education in the sphere of purchases. The higher education is understood at least as a bachelor degree.

This employee shall have experience of practical work in the sphere of purchases at least three years and be able to work, for example, with procurement documentation, to use a unified information system.

Other requirements to qualification of the procurement expert are listed in the professional standard.

We believe if the customer decides to apply the professional standard, again accepted employees shall conform to its requirements.

To dismiss already working employees because their qualification doesn't conform to the standard, it is impossible. It follows from the letter of Ministry of Labor.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 21.11.2016 N D28i-3048