Law No. 2179-IX. National system of qualifications

On June 17, 2022, the Law of Ukraine No. 2179-IX of 01.04.2022  “On amending some Ukrainian legislation on functioning of the national qualifications system” came into force. The law was published in the Holos Ukrayiny issue No. 124 of 16.06.2022.

The law amends the Labor Code and laws “On labor remuneration,” “On education,” “On employment” in terms of:
• definition of complete and partial professional qualification;
• setting priority of professional standards over qualification characteristics;
• some issues of development, approval, and enactment of professional standards;
• setting up and keeping a register of occupations (professions) and qualifications;
provisions of sectoral councils on developing the professional standards, some relevant legislative provisions on functions of the collegial body in the qualifications field, and other related issues.

In particular, the Labor Code of Ukraine is complemented with a new Article 42 (Professional Standards) that reads:

     “Professional standard is duly approved requirements for competencies of employees, which are basis for forming professional qualifications.
     Professional standards can be developed by employers, their organizations and associations, governmental authorities, scientific institutions, sectoral councils, public unions, and other interested actors.
     Professional standards are approved by their authors.
     If a professional standard is not developed by a sectoral council for developing professional standards, it is approved after coordination with a representative all-Ukrainian association of trade unions at a sectoral level.
     The Procedure of development, enactment and review and professional standards is approved by the Cabinet of Ministers at the request of the National Qualifications Agency.
     The Procedure of development and approval of qualification characteristics  is approved by a central executive authority that ensures formation of the state policy in the field of labor, labor relationships and employment of the population at the request of the National Qualifications Agency.
     Requirements for competencies, duties, and qualifications of employees are determined by professional standards. If professional standards are absent, such requirements can be determined by qualification characteristics.
     Methodical recommendations for developing the professional standards are prepared by the National Qualifications Agency and are published on its official website.”

The law is aimed at settling some aspects of developing, approving, and enacting the professional standards, which will allow forming modern requirements for expertise and competencies of employees and promote higher employment rate.