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Legal status of the security guard part 2  



p>What does all this mean in practice?

 

The first. The private security guard carries out the duties according to the contract (the labour contract) with the security enterprise. His activity is adjusted by the Labour Code of the Russian Federation and the federal law «About private detective and security activity in the Russian Federation».

 

According to 15-th clause of the Labour Code of the Russian Federation, the labour contract is the agreement between the worker and his employer. It provides, that the employer undertakes to employ the employee according to the labour function stipulated in the document, and also to provide him working conditions which are stipulated by the law and other legal documents (the Collective agreement, various written agreements concern to those between the parties, local normative and acts, etc.) . The employer undertakes to pay the salary completely and in time to the worker. The last one in his turn, undertakes to execute the labour function described in the contract, and also to observe the certain rules of the labour schedule accepted at the given employer. In the law «About private detective and security activity in the Russian Federation» legislators, referring to the Labour Code of Russia, have precisely designated the certain circle of the conditions which are a subject the obligatory instruction in the labour contract:

  • Full name of the person employed as the private security guard and a full name of the security enterprise which concludes the present contract;
  • All data from documents (number and series of the passport, when and by what body it was given out), proving the identity of the citizen employed on a post of the private security guard and, on the other hand - constituent documents of the security enterprise;
  • An INN of the security enterprise (identification number of the tax bearer);
  • Data on the person of the representative of the security enterprise signing the labour contract, and also the bases of his powers (the Charter of the enterprise, the power of attorney, etc.);
  • The date and the name of settlement, where the labour contract's consisted in the labour contract should be necessarily specified:
  • The place of performance of work by a private security guard. In case if work is going to be in any representation or other isolated division of the security enterprise which are located in other district, it is supposed to specify a concrete place of work, the name of structural division and a place of its actual finding;
  • The Direct labour functions assigned to the private security guard (in the contract the post, according to the list of staff, the name of a trade or a speciality is underlined, the concrete kind of work which is entrusted to the private security guard is described);
  •  In cases when the federal legislation provides, that performance of work on the certain posts, on specialties and trades assumes presence of any restrictions, or it is connected with granting various privileges and indemnifications in the labour contract it is necessary to specify those names of specialties, trades or posts which are established in qualifying directories. The given directories affirm by way of, established by Ministerial council of Russia;
  • The Exact date, considered to be the beginning of performance of work and if the concluded labour contract is urgent - that and date of its termination. Concrete validity of the labour contract and the reason (circumstance), being the basis for the conclusion of the given contract in the urgent form with links to clauses of the Labour Code and the Law « About private detective and security activity in the Russian Federation » also stipulates;
  • Conditions and sizes of a payment to the private security guard (including size of the tariff rate or the official salary, the sizes of various extra charges, bonuses and encouragements);
  • The kind of a mode of working hours, the labour schedule, relying time of rest;
  • The Conditions stipulating a territorial functioning in necessary cases (watching, driving, mobile, in a way, etc.);
  • A Condition assigning to the employer a duty of social insurance of the worker according to the Labour Code of Russia and other federal laws;
  • Other conditions in cases when it is stipulated by legislation on work and other legal acts which contain norms of the labour right; To demand а performance of any work which has not been caused by the labour contract,  from the worker is categorically forbidden.

 

The day of the introduction of the labour contract is considered the date of its signing by both sides, if another is not stipulated by the federal legislation or other legal acts, and also the contract also the introduction of the contract is probable to be that day when the worker has been actually admitted to performance of work on behalf of the employer or the official representative of the last.

 

As well as any hired worker, activity of private security guards is a subject of regulation by the labour legislation. From this follows, that concerning the private security guard positions of the Labour Code of the Russian Federation about the conclusion of the labour contract, an operating time and rest, normalization and a payment, indemnifications and guarantees, the schedule of working hours, industrial and service discipline, vocational training , various ways of improvement of professional skill, an obligatory labour safety of the worker, and also an obligatory liability of both: the worker and the employer.

 

As it was spoken above already, the private security guard has the right to execute the labour functions and gets a number of the rights stipulated by the Law «About private detective and security activity in the Russian Federation» only at presence of the corresponding certificate which stands out territorial bodies of the Ministry of Internal Affairs by way of which affirms Ministerial council of Russia. Such certificate not only confirms the person of the private security guard. It is also the document testifying of his sufficient professional qualification. The order by which a private security activity (accordingly is licensed - and stand out such certificates) it is described in clause 12 of the abovementioned law.

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