Director of a private security organization. The legal status of the head of the chop. General Director of a Private Security Company
The organization disputes the order to eliminate violations of license requirements
The license holder disputes the refusal to reissue (renew) the license
The applicant for a license disputes the refusal to issue it
A private security organization may be established only in the form of a limited liability company and may not carry out other activities, except for security. The authorized capital of a private security organization cannot be less than one hundred thousand rubles. For a private security organization that provides (intends to provide) services for the armed protection of property and (or) the services provided for in clause 3 of part three of Article 3 of this Law, the authorized capital cannot be less than two hundred and fifty thousand rubles. The maximum amount of property (non-monetary) contributions to the charter capital of a private security organization cannot be more than 50 percent of the charter capital. Raised funds cannot be used to form the authorized capital of a private security organization.
Contribution to the authorized capital of a private security organization of funds by foreign citizens, citizens of the Russian Federation who have the citizenship of a foreign state, stateless persons, foreign legal entities, as well as organizations whose founders (participants) include these citizens and persons, is prohibited, unless otherwise provided for by international treaties of the Russian Federation.
The alienation of shares (contributions) by the founder (participant) of a private security organization, which entailed the appearance of a share (contribution) with foreign participation in the authorized capital, is not allowed, unless otherwise provided by international treaties of the Russian Federation.
A private security organization cannot be a subsidiary of an organization that carries out activities other than security. For the founder (participant) of a private security organization, this type of activity should be the main one. The right to establish a private security organization by a legal entity engaged in activities other than security may be granted if there are sufficient grounds in the manner established by the Government of the Russian Federation. Branches of a private security organization may be created only in the subject of the Russian Federation in whose territory the private security organization is registered.
The founders (participants) of a private security organization cannot be:
1) public associations;
2) individuals and (or) legal entities that do not meet the requirements specified in part four of this article;
3) citizens who are in the public service or who hold elective paid positions in public associations;
4) citizens who have a criminal record for committing an intentional crime, as well as legal entities whose founders (participants) include these persons;
5) foreign citizens, citizens of the Russian Federation who have the citizenship of a foreign state, stateless persons, foreign legal entities, as well as organizations whose founders (participants) include these citizens and persons, in the absence of an appropriate international treaty of the Russian Federation.
Members of a private security organization may remain those who founded it, who have received the right to an old-age pension in accordance with the legislation of the Russian Federation, have gone to work in public organizations working in the field of private security or private detective activities, or have been appointed (elected) to public positions in the Russian Federation. Federation. Persons appointed (elected) to these public positions are prohibited from participating in the management of a security organization.
General manager
2 years 6 months Sep 2016 - Mar 2019
The whole range of security services in Moscow and the Moscow region. Among the main services: security of shopping and entertainment centers, offices and industrial premises, security and escort of special cargo, security of cottage settlements, bodyguards.
Managing the activities of the private security company on the basis of job descriptions, as well as organizing the implementation of the decisions of the Founder. Namely: Implementation of management in accordance with applicable law, with full responsibility for the consequences of decisions made, monitoring the safety and efficient use of property, as well as conducting financial and economic activities within the framework of its powers determined by the decision of the Founder. Interaction with customers or their authorized representatives, organization of work aimed at fulfilling contractual obligations for the provision of security services, improving the efficiency and quality of work. Ensuring the fulfillment of all obligations to budgets, state non-budgetary social funds, customers and creditors, including bank institutions, as well as control and timely receipt, and, if necessary, collection of all types of debts to private security companies. Interaction with the HRRR and law enforcement agencies, and, if necessary, assisting them in maintaining order, incl. and on a contractual basis. Taking measures to attract and provide qualified workers and security officers, control over the rational use of their knowledge and experience, create safe and favorable working conditions for life and health, provide employees and security officers with everything necessary for the performance of their duties. Organization of training and passage of all necessary courses by employees, conducting periodic inspections of security personnel in accordance with current legislation and the qualifications received. Organization of the implementation of internal regulations and labor discipline, as well as, within the rights granted by the Founder, the implementation of measures to improve labor motivation, initiative, activity of employees and security officers, through incentives and penalties. Checking the condition of weapons, ammunition for it and special means, the procedure for their storage and use, in order to maintain physical, professional and fire training, the organization of vocational training with practical exercises on fire and professional training of bodyguards in specialized centers in Moscow. Maintaining a time sheet, drawing up work and service schedules, systematic monitoring of the work of all structures and departments. Compilation and submission of reports. In my area of responsibility were such objects as:
- Cottage settlement "Domodedovo town"
- Objects of the "Russian State Circus", including the directorate
- Shopping center "High Wei" (Shcherbinka)
- Shopping center "Paragon" (st. 3rd Parkovaya, 24). (introduced the object "from scratch" from the construction site to the shopping center)
- Shopping center "MKAD 23 km. Inner side" (frozen construction object)
- "Service Center Moscow Transport" (st. 1905 year d. 25)
- BC "Imperial", including the hotel "Matryoshka" (St. Teatralny proezd, 3/3/4)
- Aquapark "Karibia" (Zeleny pr-t., 10 "B")
- Network of office and administration buildings
- Quality control of the provision of services for the protection of educational facilities (state contract)
- Personal protection of an individual.
Head of the duty unit, General Director of the ChOO
4 years Mar 2012 - Mar 2016
Group of companies OOOChOO "Alpiyskiy Vympel", Sochi4 years Mar 2012 - Mar 2016
Personnel management, conflict resolution, interaction with public authorities and law enforcement agencies. Selection of security officers when hiring, organizing the protection of facilities, scheduling work, placing personnel on posts, working with documents, maintaining a time sheet, reporting. Training of security personnel, conducting briefings and checking the quality of the service of the l / s at the posts. The number of security guards is more than 250 people. During the period of preparation for the Olympic Games in 2014, the main activity of the group of companies PSC Alpiysky Vympel LLC was the provision of services for the protection of Olympic facilities under construction and put into operation, as well as the infrastructure adjacent to them, such as: "Complex of ski jumps", 2 facilities " Gorki city, elev. 540 and 960 meters above sea level, "Combined automobile and railway Adler - Krasnaya Polyana" with all adjacent and included in the construction project, "Residential complex of JSC Russian Railways" in Sochi, protection of facilities on the mountain line of the gas pipeline under construction, provision of internal and access control in more than 8 shift camps, as well as a significant number of social and state facilities (schools, preschool institutions, hospitals), security of shopping and entertainment centers, security of private houses, apartments with the provision of services of immediate response groups, control room and technical protection of objects.
Higher education
MGTEU, Moscow
Management
Language skills
Russian - advanced
Additional Information
Additional education:
1996 Ivanovo Motor Transport College (extern) Management of road transport.
2009 NOU "Status" (security activity) since 2010 a complete set of documents of a new type for security activities. Mineral water.
2013 NOU "Status" Training course under the advanced training program for heads of private security organizations. Mineral water.
2014 "Training center for road transport specialists"
Confirmation of the "Qualification training for the organization of transportation by road within the Russian Federation", "Training and retraining of specialists in traffic safety in road transport." Sochi.
2015 "Training center LEADER" Professional training course for the advanced training program for security guards. Stavropol.
2017 "Training plant "Vertical" Completed training under the program "Training on labor protection for managers and specialists". Moscow.
2018 NOU "Center for shooting training" Advanced training course for the program for heads of private security companies. Moscow.
Skills and abilities:
Personnel management, internal investigations, conflict resolution and negotiation, interaction with state authorities and law enforcement agencies, management of the security service. Employment, organization of the protection of facilities, scheduling of work, control over the placement of personnel by post, work with documents, maintaining a time sheet and reporting. Training of security personnel, conducting briefings and checking the quality of the service of the l / s at the posts. Number of guards 260 people.
Confident PC user.
Private security guard ID (ulcho)
Refresher courses for heads of chop.
About myself:
- I was born in the Stavropol Territory, Zelenokumsk, since 2016 I have been permanently living in Moscow.
- Higher education.
- Married (three children, three grandchildren).
- I have been working in security structures since the end of 2009 (after my dismissal from the ranks of the RF Armed Forces).
- In senior positions in security structures for more than 6 years.
- A complete set of documents for security activities.
- s / c confident user.
Personal qualities:
- A responsibility
- Attention to detail,
- Analytic skills
- Integrity
- Skill to work in team
- Good organizational skills (the ability to organize yourself and others)
What are the requirements for a PSO leader?
In accordance with Article 15.1 of the Law "On Private Detective and Security Activities", the head of the PSC must:
Have a higher education;
- private security guard ID(accordingly, the requirements for the legal status of a private security guard apply to the head);
Pass the advanced training of the directors of the PSC (have the appropriate certificate).
Is it true that the director must have a higher legal education?
No, education must be higher, which one is not specified in the law.
Can the director of a private security company still work in another organization, in particular, be a director in another private security company (PHOO)?
We still consider this issue unresolved, because there is a clear contradiction between the Labor Code, the Law “On LLC”, new amendments to the Law “On Private Detective and Security Activities”.
Art. 276 of the Labor Code states that the Head of the organization can work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner. Thus, if the body that made the decision to appoint the head to the position at the main place of work, in the LLC is either the sole founder, or the general meeting of participants, or if the Board of Directors (Supervisory Board) is elected, as prescribed in the Charter. In his decision, drawn up in writing (in the form of a meeting minutes), he agrees to work in another organization part-time, then, logically, the director has every right to work in another organization part-time, given that the PSC business can develop slowly and he has time to work and in two and three organizations at the same time.
However, the new provisions of the law "On private detective and security activities" art. 15.1. the last paragraph “the head of a private security organization is not entitled to hold public office in the Russian Federation, public office in the constituent entities of the Russian Federation, civil service positions, elected paid positions in public associations, as well as enter into an employment relationship as an employee , with the exception of the implementation of scientific, teaching and other creative activities "put part-time employment under a ban.
From our extensive practice, when obtaining a license, employees of the licensing authorities check this by requesting a copy or the original of the work book, where there will be a record of work in this private organization, and also check with the All-Russian database of the Federal Tax Service (Information from the Unified State Register of Legal Entities), which reflects information about all existing heads of organizations.
What sanctions do I face if I got a job as a director in a PSC, but did not pass the advanced training of directors?
In accordance with paragraph 5 of the Rules for notifying the internal affairs bodies by a private security organization about the beginning and end of the provision of security services, changes in the composition of the founders (participants)
In the event of a change in the composition of the founders (participants) or manager a private security organization no later than 15 days from the date of making the relevant changes to the Unified State Register of Legal Entities is obliged in writing or in electronic form by filling out the appropriate interactive form in the federal state information system “Unified Portal of State and Municipal Services (Functions)” ( www.gosuslugi.ru) notify the internal affairs body that issued the license for private security activities. Accordingly, at the time of employment, the manager must have all the necessary documents, otherwise a fine may be imposed on the organization. The specific amount of the fine is determined by the totality of violations found during the on-site inspection based on the instructions of the licensing authority.
When organizing a new PSC, prior to submitting documents for obtaining a license, the head can deal with the preparation of the necessary documents.
The Law "On Private Detective and Security Activities in the Russian Federation" repeatedly uses the term "head of a private security organization", but does not disclose its content. Moreover, in some cases, the legislator mixes the status of the head of a private security organization and the status of a private security guard, obliging him, for example, to obtain a certificate of a private security guard, to undergo periodic inspections.
The concept of "legal status" has a broad meaning. The Latin word "status" means "state, position". Accordingly, the status of a subject of law is understood as his legal status, which is characterized by a complex of legal rights and obligations, and the legal position he occupies in a certain range of social relations.
Before determining the status of the head of a private security organization, it is necessary to understand what is meant by the head of an organization in general and the “head of a private security organization” in particular.
The general concept of "head of the organization" is given in Art. 273 of the Labor Code (LC) of the Russian Federation, according to which the head of an organization is an individual who, in accordance with the law or the constituent documents of the organization, manages this organization, including performing the functions of the sole executive body.
The term "head of an organization", like the term "head of a private security organization", is general in relation to all persons who head various commercial and non-profit organizations. In a specific job title, the term "head", as a general term for all officials who are representatives of the employer, cannot be used. In other words, there is no such position as the head of the organization in the list of positions. It contains, for example, such positions as director, general director, manager, chairman of the board, etc. In limited liability companies, positions are provided: general director, president and others (Article 40 of the Federal Law “On Limited Liability Companies”). It is these positions that the term "head of the organization" covers.
In practice, it is often difficult to determine the circle of persons whom labor legislation refers to the category of leaders of the organization.
In theory, the point of view prevails, according to which the term "head of an organization" also includes the heads of branches and representative offices, and as a result, they are subject to the provisions of Chapter 43 of the Labor Code of the Russian Federation and a number of other special rules provided for heads of the organization.
This position is supported by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.
The name of the position of the head is established by the employer independently, or on the basis of mandatory requirements enshrined in federal laws, laws of the constituent entities of the Russian Federation, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, and is determined by the constituent documents of the organization, local regulations and (or) staffing.
The procedure for the appointment (election) of the head to the relevant position is determined by the charter of the organization. By the way, the name of the position is one of the essential conditions of the employment contract (Article 57 of the Labor Code of the Russian Federation).
An agreement between the company and the person exercising the functions of the sole executive body of the company is signed on behalf of the company by the person who chaired the general meeting of the company's participants at which the person exercising the functions of the sole executive body of the company was elected, or by the company's member authorized by the decision of the general meeting of the company's participants, or if the solution of these issues is referred to the competence of the board of directors (supervisory board) of the company, the chairman of the board of directors (supervisory board) of the company or a person authorized by the decision of the board of directors (supervisory board) of the company.
Taking into account the general provisions of labor legislation and the characteristics inherent in the head of a private security organization, the concept of “head of a private security organization” can also be formulated.
The head of a private security organization is an individual who meets the requirements of the legislation in the field of security for citizens applying for the acquisition of the specified status, who, in accordance with the constituent documents of a private security organization established in the form of a limited liability company, manages this organization, including performs the functions of its sole executive body.
Unlike a private security guard, the Law "On Private Detective and Security Activities in the Russian Federation" does not contain a separate article that would define the legal status of the head of a private security organization. However, a logical analysis of legislation in the field of protection allows this to be done.
The legal status of the head of a private security organization has a number of features.
On the one hand, it is the executive body of a legal entity, the formation procedure and powers of which are determined by civil law.
On the other hand, a legal entity and its head are in an employment relationship in which the head - an employee of a legal entity performing a specific labor function - performs certain actions in which the activities of the organization itself are implemented.
On the third hand, the head of a private security organization is a participant in an independent, separate type of activity (private security activity), which is regulated by legislation in the field of security, and which imposes serious additional requirements, both on the head of a private security organization and on the activity itself.
Thus, the legal position (status) of the head of a private security organization is triune in nature, it is:
1) the sole executive body of a private security organization established in the form of a limited liability company;
2) an employee of a private security organization;
3) a participant in private security activities. Therefore, in its activities, it is guided by the norms of civil, labor law and legislation in the field of protection.
In accordance with Art. 53 of the Civil Code of the Russian Federation, the heads of an organization are persons who, under an agreement, perform the functions of a body of a legal entity, exercise civil rights and obligations on its behalf, i.e. carries out activities that are regulated by the norms of not only labor, but also civil law. Civil law regulates many labor-related relations, including the management of the owner's property, which is carried out through the labor of the manager.
When concluding civil law transactions, the manager does not act on his own behalf (an individual), he represents a legal entity, and all rights and obligations under the transaction arise in relation to the legal entity. His signature under any civil law contract means the agreement of the organization with its terms, and all the consequences of the transaction will be borne by the legal entity.
The status of the manager as an employee of the organization is determined solely by the norms of labor law. Being an employee under an employment contract with a private security organization, the manager performs a labor function in accordance with labor legislation.
Like any employee of the organization, the manager concludes an employment contract in the manner prescribed by Art. 275 of the Labor Code of the Russian Federation. In accordance with this article, an employment contract with the head of the organization is concluded for a period established by the constituent documents of the organization or by agreement of the parties. Laws, other regulatory legal acts or constituent documents of an organization may establish procedures that precede the conclusion of an employment contract with the head of the organization (holding a competition, election or appointment to a position, and others).
In accordance with Article 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with executives of organizations, regardless of their organizational and legal forms and forms of ownership. However, Article 59 of the Labor Code of the Russian Federation does not say that it is necessary to conclude such an agreement with them without fail. The conclusion of an open-ended employment contract is also not prohibited, because in this way the position of the employee improves in comparison with the necessary requirements of labor legislation.
The duration of a fixed-term contract cannot exceed five years, unless a different period is established by the Labor Code of the Russian Federation and other laws. Article 275 of the Labor Code clarifies that an employment contract with the head of an organization is concluded for a period established by the constituent documents of the organization or by agreement of the parties. Thus, if the constituent documents indicate the term for concluding an employment contract with the director at 3 years, then it should be concluded for 3 years, and not for 5 years. If, after the expiration of the employment contract, the relationship actually continues, and none of the parties demanded their termination, then the contract is considered to be continued for an indefinite period.
The organization acts as an employer in relation to the head as a legal entity, and not the bodies of this organization authorized to appoint (elect) the head to the position. It is the organization, as a legal entity, that presents the work to the manager, whose position is also included in the staff list, exercises rights and fulfills obligations to its employees, regardless of who hires them.
The head himself issues the order on his entry into office. If the head is the owner of the property of the organization, then he also issues an order to appoint himself, say, the general director. The wording of the order will be something like this: "I assume the powers of the general director with the right of first signature."
At the same time, the legal status of the head of the organization (rights, duties, responsibilities) differs significantly from the status of other employees, which is due to the specifics of his work activity, place and role in the organization's management mechanism.
The head of the organization in accordance with Art. 273 of the Labor Code of the Russian Federation and clause 1 of Art. 53 of the Civil Code of the Russian Federation manages the organization, including performing the functions of its sole executive body, performs legally significant actions on behalf of the organization. By virtue of the concluded employment contract, the head of the organization, in the prescribed manner, implements the rights and obligations of the legal entity as a participant in civil transactions, including the powers of the owner to own, use and dispose of the property of the organization, as well as the rights and obligations of the employer in labor and other directly related to labor, relations with employees, organizes the management of the production process and joint work.
In this regard, labor legislation identifies several categories of executives who, due to their special status and position in the management structure of the organization, do not fit into the general framework of the legal regulation of the labor of employees.
For such workers, the Labor Code of the Russian Federation established special rules for concluding and terminating an employment contract, liability, etc. Both a special chapter 43 of the Labor Code of the Russian Federation and its other norms are devoted to this.
As a general rule, the norms of Chapter 43 of the Labor Code of the Russian Federation apply to the heads of all organizations. But there are exceptions. For example, those managers who are the owners of the property of their organizations, are the only founders, and no one else works in the organization besides them, are not subject to this chapter.
The labor function of the head of the organization is the activity of managing the headed organization, managing labor and ensuring the work of employees, representing on behalf of the organization, both in internal and external relations, regulated by the norms of various branches of Russian law.
The rights and obligations of the head of the organization in the field of labor relations are determined by the Labor Code of the Russian Federation, laws and other regulatory legal acts, the constituent documents of the organization, and the employment contract (Article 274 of the Labor Code of the Russian Federation).
The head of the organization has the right:
independently resolve issues related to the activities of the organization, with the exception of issues assigned by law to the jurisdiction of other bodies;
organize work;
act without a power of attorney on behalf of the organization;
represent the interests of the organization on the territory of the Russian Federation and abroad;
manage the property of the organization;
conclude contracts, including labor contracts;
issue powers of attorney;
perform other legal actions;
open settlement and other accounts in banks;
approve staffing and other local acts.
The head cannot be a member of the bodies exercising the functions of supervision and control in this organization (Article 276 of the Labor Code of the Russian Federation).
In accordance with the legislation in the field of security, the head of a private security organization is also a participant in private security activities. Therefore, its activities are regulated, along with labor, and also security legislation.
The Law “On Private Detective and Security Activities in the Russian Federation” imposes certain requirements on a citizen applying for the position of head of a private security organization, establishes additional obligations and prohibitions.
So, in accordance with Part 7 of Art. 15.1 of this Law, the head of a private security organization must have a higher professional education. Higher professional education refers to any higher education. This requirement of the Law does not apply to deputies and other heads of a security organization.
Further, the head of a security organization is required to take a refresher course, according to the program approved by the Ministry of Education and Science of Russia dated September 6, 2010 N 909 "On the requirements for the minimum content of an additional professional educational program for advanced training of heads of private security organizations." Without passing the specified advanced training course, the head cannot obtain a certificate of a private security guard and, as a result, acquire the status of the head of a private security organization. The head of the security organization passes this advanced training only once before passing the qualification exam. In this regard, the specified advanced training should not be confused with the advanced training that the manager must undergo before extending the validity of the certificate.
A mandatory requirement is that the head of a private security organization has a certificate of a private security guard. The procedure for issuing this certificate is regulated by Government Decree No. 629 of July 30, 2009 "On Amendments to Decree of the Government of the Russian Federation of August 14, 1992 No. 587" and Order of the Ministry of Internal Affairs of Russia No. 716 of September 21, 2009, which approved the Instruction for organizing procedure for issuing a private security guard certificate.
The head of a private security organization, like a security guard, is required to undergo training under the appropriate program, pass a qualification exam in the manner prescribed by Decree of the Government of the Russian Federation of July 30, 2009 No. 629.
Citizens applying for the acquisition of the status of the head of a private security organization are subject to the restrictions established for citizens applying for the acquisition of the legal status of a private security guard, set forth in Part 2 of Art. 11.1 of the Law "On private detective and security activities in the Russian Federation".
1) who are not citizens of the Russian Federation;
2) under the age of eighteen;
3) recognized by a court decision as incapable or partially capable;
4) having diseases that prevent them from performing the duties of a private security guard. The list of such diseases is established by the Government of the Russian Federation;
5) having a criminal record for committing an intentional crime;
6) who have been charged with a crime (until the issue of their guilt is resolved in the manner prescribed by law);
7) who have not been professionally trained to work as a security guard;
8) in respect of which, based on the results of an audit conducted in accordance with the legislation of the Russian Federation, there is a conclusion on the impossibility of admission to the implementation of private security activities due to the increased risk of violating the rights and freedoms of citizens, the emergence of a threat to public security, prepared in the manner established by the Government of the Russian Federation Federation, and approved by the head of the department of the federal executive body authorized to carry out actions for licensing private security activities, which is in charge of internal affairs, his deputies or the minister of internal affairs, the head of the department (main department) of internal affairs for the constituent entity of the Russian Federation or persons, acting as the said officials;
9) prematurely terminated their powers in a public position or dismissed from public service, including from law enforcement agencies, prosecutors, judicial authorities, on grounds that, in accordance with the legislation of the Russian Federation, are associated with the commission of a disciplinary offense, gross or systematic violation of discipline, committing an offense discrediting the honor of a civil servant, loss of confidence in him, if less than three years have passed after such early termination of powers or such dismissal;
10) whose certificate of a private security guard has been canceled on the grounds specified in paragraph 1 of part four of this section, if less than a year has passed since the decision to cancel;
11) who have not passed the mandatory state fingerprint registration in the manner prescribed by the legislation of the Russian Federation.
The head of a private security organization must also meet the requirements for the profession "security guard of 4-6 categories", set out in the Order of the Ministry of Health and Social Development of the Russian Federation of 17.04. issue 1" section "Professions of workers common to all sectors of the national economy".
According to the requirements in the said Order, he must know:
laws and other regulatory legal acts regulating private security activities;
fundamentals of criminal, administrative, labor legislation;
methodological and regulatory documents for the implementation of private security activities;
procedures for emergency situations;
rules for the detention of offenders and their transfer to the internal affairs bodies;
ways of using physical force and special means;
the procedure for obtaining and systematizing information;
the procedure for maintaining documentation on protected objects;
instructions for the use of technical means of protection and security and fire alarms;
guidance on the provision of first (pre-medical) medical care to victims of bodily injuries;
the procedure for sending victims to medical institutions;
technical characteristics, device and principle of operation, rules of use and safety measures when handling special means, civil and service weapons permitted for use in private security activities.
The head is not entitled to hold public office of the Russian Federation, public office of the constituent entities of the Russian Federation, civil service positions, elective paid positions in public associations and political parties, as well as enter into labor relations as an employee, with the exception of his scientific, teaching and other creative activities .
Thus, from January 1, 2010, the head of a security organization is not entitled to work part-time in other organizations, with the exception of his scientific, teaching and other creative activities. He also has no right to be the head of two or more private security organizations at the same time. At the same time, he can be the founder of several private security organizations at the same time.
The rights and obligations of the head of a private security organization, his competence are determined not only in the law, but also in the organization's constituent documents - the charter, internal documents regulating the activities of the head. They need to be fixed in the employment contract.
A person may lose the status of the head of a private security organization if there are the following grounds established by labor legislation and legislation in the field of security:
1) termination of the employment contract in connection with:
with removal from office in accordance with the legislation on insolvency (bankruptcy);
with the adoption by the authorized body of the legal entity or the owner of the property of the organization, or by the person (body) authorized by the owner, of the decision to terminate the employment contract;
on other grounds provided for by the employment contract (Article 279 of the Labor Code of the Russian Federation).
Among other grounds that may entail the termination of the employment contract and, as a result, the deprivation of the status of the head of a private security organization should include the establishment of one of the circumstances specified in Part 2 of Art. 11.1 of the Law "On private detective and security activities in the Russian Federation".
Being a body of a legal entity, the manager personifies the legal entity, and acts as an employer in employment contracts with all employees. At the same time, he does not exercise his legal personality (individual), but the legal personality of the employer (legal entity). In this case, he is obliged to organize labor, ensure its protection, payment, has the right to demand conscientious performance of labor duties from each employee, and also has the right to bring the employee to disciplinary responsibility, terminate the employment contract, etc.
To solve the tasks of organizing labor, the manager adopts local acts (rules of internal labor regulations, shift schedules, regulations on wages and bonuses, provisions on vacations, and others in compliance with the rights of the trade union and the labor collective), issues orders and instructions that ensure the organization of labor, non-fulfillment of which entails liability for employees.
Valery Shestakov
Deputy director of a security company.
According to the website http://www. *****/page/chop_46.html
General Director of a Private Security Company
It should be noted that the management of the private security company is most often carried out by the general director.
The primary task of the general director of the PSC is to obtain a license for private security activities. This license is obtained in the manner prescribed by the legislation of the Russian Federation on private security activities (see Part II).
Also, the most important task of the General Director is the selection of personnel of the enterprise. Along with ordinary security guards, other persons may also be employees of a private security company. These include:
1) Deputy General Director;
2) head of security;
3) chief accountant;
4) legal adviser;
5) other persons.
Employment in a PSC is carried out directly by the management of the PSC itself. The basis for employment in the PSC is the application of the applicant.
An employment contract is concluded with each employee of the PSC, which can be fixed-term and indefinite.
*** You can add your own clauses that will be consistent with the Collective Agreement and the Charter of the enterprise.
1. Requirements and procedure for appointment to a position
1.1. Appointed to the position by order of the General Director from
the number of persons with experience in leadership positions in various
state and non-state structures, at the proper level
who know the issues of service and carried out activities in the field of providing
security. Must have higher education and military service
2. Rights and obligations of the Deputy General Director
2.1. The Deputy General Director is obliged to:
2.1.1. strictly follow both written and oral instructions
Director General for all matters related to the functioning
enterprise and the implementation of its activities;
2.1.2. in the absence of the General Director, to carry out all his
duties set forth in the job description of the General
director;
2.1.3. at the direction of the General Director to represent the enterprise in
authorities, non-governmental organizations of all organizational and legal
forms and other individuals and legal entities;
2.1.4. have business contacts with government agencies
executive branch, whose activities are directly related to the work
enterprises;
2.1.5. to ensure the normal functioning of the enterprise, taking into account
its goals, objectives and interests of the Clients;
2.1.6. provide vocational and physical training for all
employees of the enterprise directly involved in the implementation
security of the Client, and strict compliance by all employees with their
professional responsibilities;
2.1.7. plan and supervise service
in accordance with agreements, schedules and taking into account the interests of the Client;
2.1.8. check the order of storage, savings, issuance and receipt
2.1.9. make proposals on measures of disciplinary action against
employees of the company directly involved in the implementation
the security of the Client, if it is necessary to apply these measures;
2.1.10. periodically check the quality of service on guarded
objects through the implementation of planned and unscheduled (sudden)
checks;
2.1.11. conduct explanatory work with employees of the enterprise,
directly involved in the implementation of the security of the Client on issues
service;
2.1.12. Report periodically to the Director General on the status
the work of the enterprise, the work of the personnel of the enterprise, identified
positive and negative aspects of the functioning of the enterprise and
measures taken to eliminate the identified shortcomings;
2.1.13. in case of receiving information about the occurrence of an emergency
situation related to the work of the enterprise, immediately inform
General Director;
2.1.14. quarterly sum up the results of the service in order to detect
deficiencies and, in case of their discovery, immediately take all
possible measures to eliminate them.
2.2. The Deputy General Director has the right to:
2.2.1. require employees of the enterprise directly employed
implementation of the Client's security, strict implementation of all
their instructions;
2.2.2. to make suggestions for improving the carrying
service employees;
2.2.3. provide comments on the development of the enterprise,
expanding the scope of its activities and modernization;
2.2.4. make comments on issues related to the change
personnel of the enterprise;
2.2.5. decide at its own discretion whether
conducting an inspection of any object;
2.2.6. decide at its own discretion whether
conducting explanatory work with employees of the enterprise,
