Should watchmen clean the area? Job responsibilities of a watchman

As a transfer, I got a job as a watchman at a school (previously I worked as a watchman at a community center). Before the New Year, I signed without looking (my fault, I was in a hurry to go home, I didn’t read the contract) an employment contract, which stated that my responsibilities also included cleaning the area adjacent to the school. I went to a lawyer, he helped me draw up a paper that said the following: “The work specified in the employment contract relates to the functions of a janitor. The watchman is not obliged to perform the functions of a janitor. I ask you to amend the employment contract, excluding from the duties of the watchman the cleaning of the adjacent territory, firefighters exits." To this paper, the administration responded as follows: “When accepting a transfer, no guarantees of maintaining working conditions were specified. Since 2015, there has been no position of a janitor in the staffing table. Considering that the amount of work of a watchman decreased at the end of 2014, with the start of construction of a new school, the greenhouse, outbuildings (they no longer need to be guarded), the school site has been eliminated, only the school building itself remains under the guard’s protection and, moreover, there is video surveillance, then there is no longer a need to go around the territory. Therefore, the duties of cleaning the territory are assigned to the watchman.” The administration also gave permission to sign an additional agreement, which indicated the following points: 1) the employee is obliged to replace the absent person technical staff in agreement with the administration and for payment in accordance with the position being filled; 2) perform additional types of work by agreement with the supply manager and with payment from the incentive fund. I have not yet signed this additional agreement. I brought a work restriction certificate from the hospital to the administration, which stated that I was exempt from work involving lifting weights of more than 6 kg, as well as from working outside. Therefore, logically, the functions of a janitor for cleaning the territory should automatically be removed from me. But the administration responded to my certificate with the following: “Currently there is no vacant positions, corresponding in terms of working conditions to “light work”. What should I do now? Why do I, working as a watchman, have to remove snow in winter and leaves in autumn (besides, if I have a certificate for light work)? Can I be fired for not removing snow? Is it legal to include the functions of a janitor, cleaner and other personnel in the functions of a watchman? The employment contract in which I signed included new functions, but, having a certificate for light work, can I not perform these functions? In addition, the administration does not pay attention to the certificate of light work and points out that if I do not agree to fulfill the terms of the employment contract, then I can terminate the employment contract, and I want to work as a watchman. What to do next? Where should I go with my question?


(1) The specific type of work entrusted to the employee (labor function) is determined in the employment contract that you concluded with the employer. We believe that the employer has the right to establish in the employment contract (upon its conclusion) a labor function, which involves performing work on related professions(positions). At the same time, you have the right to refuse to conclude an additional agreement to the employment contract establishing the obligation to fulfill extra work.

(2) You may be fired for failure to perform or improper performance of job duties provided for employment contract. You are obliged to comply with the terms of the employment contract that you entered into with your employer.

An employee who needs to be transferred to another job in accordance with medical report, with his written consent, the employer is obliged to transfer him to another job available to the employer that is not contraindicated for the employee for health reasons. Partial performance of labor functions is not provided for by law.

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work, the employee’s wages are not accrued, except in cases specified by the Labor Code of the Russian Federation, other federal laws, collective agreement, agreements, employment contract.

If, in accordance with a medical report, the employee needs a temporary transfer to another job for a period of more than four months or permanent translation, then if he refuses the transfer or the employer does not have the corresponding work, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code of the Russian Federation.

(3) If you believe that your rights have been violated, you have the right to contact territorial body Rostruda - the state labor inspectorate (including through this resource), as well as to the court.

Legal basis:

It is prohibited to require an employee to perform work not stipulated by an employment contract, except in cases provided for by the Labor Code of the Russian Federation and other federal laws (Article 60 of the Labor Code of the Russian Federation).

With the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (Part 1 of Article 60.2 of the Labor Code of the Russian Federation) .

The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Part 2 of Article 151 of the Labor Code of the Russian Federation).

If you are a user of the Internet version of the GARANT system, you can open this document right now or request by Hotline in the system.

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SOLUTION In the name Russian Federation

Dudinsky District Court of the Krasnoyarsk Territory, composed of:

The presiding judge is A.V. Kobets,

Under secretary E.V. Skachkova,

Having considered in open court civil case No. 2-290/2014, according to Rudenko’s claim against the Municipal Autonomous Institution “Dudinsky Sports Complex”, for the cancellation disciplinary action, changes in functional responsibilities, collection of monetary amounts, compensation for moral damage,

INSTALLED:

Rudenko N.K. filed a lawsuit against the defendant, citing the following circumstances.

Works at the Municipal Autonomous Institution "Dudinsky Sports Complex" (hereinafter referred to as MAU "DSK") with DD.MM.YYYY as a cleaner office premises, and from DD.MM.YYYY to the present - a watchman. The defendant unlawfully brought her to disciplinary liability in the form of a reprimand, by order from DD.MM.YYYY No., which was announced for the fact that the plaintiff allegedly violated her duties, namely for failing to clear snow from the site and the steps of the emergency exit. The plaintiff does not agree with bringing to disciplinary liability in the form of a reprimand, since according to clause 10 of section II Functional responsibilities watchman, his responsibility includes removing snow from the porch and the adjacent territory of the designated facility during his duty. Cleaning emergency exits is not specified in the Functional Responsibilities. In her explanatory note addressed to the director, the plaintiff indicated that previously all the watchmen cleared the snow from the porch, including the emergency exits, but on the verbal order of the director, which was conveyed to her by one of the cloakroom attendants, they stopped clearing the snow from the emergency exit. In addition, maintaining cleanliness and order, cleaning the territory are not related activities aimed at preserving the employer’s property. According to the plaintiff, the profession of a janitor may have restrictions on medical indications, A medical examination she was applying for the position of a watchman, confirming the absence of restrictions for medical reasons. Since the employer actually entrusted her with additional work in another profession, her written consent must be requested and additional payment for the work performed must be made in accordance with Article Part III > Section III. Employment contract > Chapter 10. General provisions> Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract" target="_blank">60.2 Labor Code Russian Federation. He believes that the defendant unreasonably included in the functional duties of the guard of MAU "DSK" the removal of snow from the porch and adjacent territory of the designated facility during duty (clause 10 of section II of the functional duties). At the same time, the specified additional payment for the function of a janitor is received from November to May by general workers of MAU "DSK". Based on the foregoing, he believes that the provisions of paragraph 10 of section II of the Functional duties of the watchman of MAU "DSK" do not correspond to the official duties, since the plaintiff, working as a watchman by virtue of the provisions of the instructions, had to perform the duties of a janitor, and the employee may be entrusted with the performance of official duties provided for qualification characteristics positions related to the content of work, equal in complexity, the implementation of which does not require another specialty, qualifications and a change in job title. Due to the fact that from the moment of concluding an employment contract for work as a watchman with DD.MM.YYYY (transfer) until the present time, the plaintiff has been performing work not required by his job function, he believes that the defendant must pay for additional work performed. He also requests that paragraph 10 of Section II of the Functional Responsibilities of a Security Guard at MAU “DSK” be recognized as inconsistent with the legislation and tariff and qualification characteristics for general industry professions. In addition, the defendant is obliged to pay her an annual bonus for 2013 in full, which the defendant reduced on the basis of an illegally issued order to bring the plaintiff to disciplinary liability in the form of a reprimand. Due to the illegal actions of the employer, the plaintiff suffered moral damage, which was expressed in the fact that in December 2013, after the unlawful reprimand, her health condition worsened, DD.MM.YYYY the plaintiff called an ambulance medical care, and DD.MM.YYYY was admitted to the hospital with a diagnosis of hypertension. The plaintiff also experienced moral suffering caused by the fact of illegal disciplinary action and the circumstances of its commission, an acute sense of injustice and insecurity. In fact, the employer started real bullying against her, which is why the plaintiff is constantly in a state of stress. The plaintiff assesses the moral damage caused as:

The plaintiff requests that the order dated DD.MM.YYYY No. be declared illegal, to recover from the defendant the unpaid portion of the bonus for 2013, compensation for moral damage in the amount of..., wages for the performance of labor duties not related to the subject of the employment contract for the period from DD.MM .YYYY by the date of the decision on the case, cancel paragraph 10 of section II of the Functional duties of the watchman of MAU "DSK".

In the submitted response, the defendant did not admit the claim, indicating the following.

Rudenko N.K. on the basis of order No. dated DD.MM.YYYY, she was hired at MAU "DSK" as a cleaner of office premises, 1st category ETC with probationary period 3 months. Employment contract No. with Rudenko N.K. concluded DD.MM.YYYY. Based on the personal statement of Rudenko N.K. in accordance with order No. dated DD.MM.YYYY FULL NAME1 was transferred to another job - as a watchman. Additional agreement No. to the employment contract dated DD.MM.YYYY No. with Rudenko N.K. was concluded DD.MM.YYYY. It stipulated the terms of remuneration and functional responsibilities of the watchman. In accordance with the letter from the Acting Chief of the Federal State Institution “31st FPS Detachment in the Krasnoyarsk Territory” of the Ministry of Emergency Situations of Russia A.V. Tikhonov from DD.MM.YYYY No. fire-tactical exercises were held in the building on DD.MM.YYYY. During the exercise HR department MAU "DSK" DD.MM.YYYY carried out inspections of the emergency evacuation exit for free evacuation in the event of an emergency. At the time of the inspection of the emergency evacuation exit in the building of the Center for Power Martial Arts, facts were revealed that the guards of MAU "DSK" did not fulfill their functional duties in clearing snow from the emergency exit, which would complicate the evacuation of personnel in the event of an emergency. emergency. Based on the results of the inspections, appropriate acts were drawn up. By order No. DD.MM.YYYY watchman Rudenko N.K. for improper performance of assigned job duties, expressed in the systematic failure to fulfill clause 10 of part 2 of the Functional duties of the guards of MAU "DSK", namely, failure to clear snow from the site and steps of the emergency evacuation exit, preventing the emergency evacuation of workers from the building of the Center for Power Martial Arts » in the event of an emergency, she was brought to disciplinary liability in accordance with paragraph 2 of Art. - reprimand. In the explanatory note dated DD.MM.YYYY, watchman Rudenko N.K explained her position and refusal to clear snow from the emergency exit by the fact that allegedly once again, when she came to work, one of the cloakroom attendants verbally informed her that an order had been issued by director L.V. Chepurnykh. that the guards no longer clear the snow from the emergency exit. She cannot remember who told her this, since the cloakroom attendants are constantly changing, although no written, much less oral, orders regarding the refusal to clear the emergency exit of snow from the management of UIA “DSK” were issued or voiced. Links of the watchman Rudenko N.K. in response to an alleged verbal order from the director regarding the refusal to clear snow from the emergency exit, voiced by some cloakroom attendant, the defendant is regarded as an attempt to evade responsibility for failure to fulfill assigned job duties. From familiarization with the order to impose a disciplinary sanction, watchman Rudenko N.K. refused, about which a motivated act was drawn up from DD.MM.YYYY. Watchman Rudenko N.K. was brought to disciplinary liability in strict accordance with the requirements of the Labor Code of the Russian Federation. Regarding the claims about the groundlessness of including in the Functional duties of the watchman of MAU "DSK" the function of removing snow from the porch and adjacent territory of the designated facility during duty, MAU "DSK" cannot agree with these requirements for the following reasons: in accordance with the letter Federal service on labor and employment from DD.MM.YYYY No. “On the procedure for making changes to job descriptions of employees” it is stated that, despite the fact that the Labor Code does not contain any mention of job descriptions, it is important document, the content of which is not only the employee’s labor function, range of job responsibilities, limits of responsibility, but also qualification requirements requirements for the position. Since the procedure for drawing up instructions is regulatory legal acts is not settled, the employer independently decides how to formalize it and make changes to it. A job description can be an annex to an employment contract, and can also be approved as an independent document. Based on this disposition in job description(functional responsibilities) of the guards of MAU "DSK", approved on January 09, 2008, the duty to clear the porch and surrounding area from snow is reasonably included, in addition, by virtue of Art. The Labor Code does not establish requirements for the composition of work in the labor function specified in the employment contract. According to the Procedure for applying the uniform qualification directory positions of managers, specialists and employees (approved by Resolution of the Ministry of Labor of Russia dated February 9, 2004 No. 9), applied in this case by analogy, the employee may be entrusted with the performance of job duties provided for by the qualification characteristics of other positions, related in the content of work, equal in complexity, the implementation of which does not require another specialty, qualification, or change in job title. Thus, clearing the porch of snow can be assigned to the duties of a watchman, since the performance of this work determines the proper performance of the watchman’s duties (the possibility of unhindered entry and exit from the building to ensure its external bypass) and does not require other qualifications or a change in job title. In addition, DD.MM.YYYY a meeting was held at MAU "DSK" with the participation of watchmen, at which the issue of snow removal by watchmen was discussed. Director of MAU "DSK" Chepurnykh L.V., proposed to make changes to the job description of watchmen (functional responsibilities) by removing the wording on snow removal, at the same time, the percentage increase in wages for the quality of work should have changed, or leave everything unchanged . According to the results of the meeting, all the watchmen, including N.K. Rudenko, spoke in favor of leaving everything unchanged as before. The plaintiff's demands for additional payment for performing work not required by the watchman's official function are unfounded. Labor function for snow removal, was included in the additional agreement No. from DD.MM.YYYY to the employment contract No. from DD.MM.YYYY and the job description (functional responsibilities) of the guards of MAU "DSK" approved by DD.MM.YYYY. Thus Rudenko N.K. fulfilled her direct labor duties as a watchman, stipulated both by the employment contract and the job description; accordingly, snow removal is one of the elements of the main functional responsibilities of the watchman of MAU "DSK". UIA “DSK” also does not recognize the plaintiff’s demands for payment of the annual bonus for 2013 in full. In accordance with subparagraph 4 of paragraph 7 “Conditions under which employees are not provided with bonuses” of the Regulations on bonuses for employees of MAU “DSK”, approved by DD.MM.YYYY, one of the grounds for refusing a bonus is the employee’s violation of official instructions. In accordance with the Regulations on new system wages, which came into force from DD.MM.YYYY on the basis of order No. from DD.MM.YYYY “Payment based on the results of work for the year is made taking into account the personal contribution of the institution’s employee to the results of the institution’s activities, assessed in points.” Considering the presence of Rudenko N.K. disciplinary sanction for improper performance of assigned job duties, expressed in the systematic failure to fulfill clause 10 of part 2 of the functional duties of the guards of MAU "DSK", on the basis of order No. dated DD.MM.YYYY, a bonus was accrued and paid based on the results of work for 2013 in the amount 50% in total. Besides, labor relations between the plaintiff and the defendant, and with them the obligation to clear snow arose for the plaintiff from the beginning of the validity period of the additional agreement to the employment contract, that is, with DD.MM.YYYY. The defendant believes that the plaintiff missed the deadline for filing a lawsuit to resolve an individual dispute within three months from the day he learned or should have learned about the violation of his right regarding snow removal during duty. Based on the above, the defendant requests that the plaintiff’s claims be rejected in full.

At the court hearing, the plaintiff supported the claim in full, explained that the acts drawn up by the employer indicated that the porch of the emergency entrance was not cleared from 21 to DD.MM.YYYY, and she was not even on duty during that shift.

Representatives of the defendant Sergeeva T.I., Chuprin S.S. (power of attorney from DD.MM.YYYY No. 199, from DD.MM.YYYY No. 158) the claim was not recognized on the grounds set out in the response.

Having heard the parties, examined the case materials, and questioned the witness, the court comes to the following conclusion.

By order of DD.MM.YYYY No. Rudenko N.K. was hired at MAU "DSK" as a cleaner of office premises and an employment contract No. 46 was concluded with her for an indefinite period.

By order of DD.MM.YYYY No. Rudenko N.K. transferred to the position of guard for the 2nd category of UTS at MAU "DSK" and an additional agreement No. to the employment contract dated DD.MM.YYYY No. was concluded with her for an indefinite period.

By order of DD.MM.YYYY No. Rudenko N.K. for systematic failure to comply with clause 10 of part II of the Functional duties of the guards of MAU "DSK", namely: failure to clear snow from the platform and steps of the emergency evacuation exit, preventing the emergency evacuation of workers from the building of the "Strength Martial Arts Center" in the event of an emergency, a reprimand was issued , the basis for which was the commission inspection acts dated DD.MM.YYYY.

Resolution of the Ministry of Labor of the Russian Federation dated DD.MM.YYYY No. “On approval of tariff and qualification characteristics for general industry professions of workers” defines the typical duties of a watchman, which, in addition to the actual protection of the facility, includes maintaining the entrance premises in proper sanitary condition. The specified act does not contain the possibility of imposing an obligation to remove snow from the adjacent territory. This document is advisory, however, it reflects the vision of the main task set before the guard - ensuring the protection of the object entrusted to him. The need for a watchman to leave the facility during his duty in order to clear snow from the area adjacent to it will not serve the purpose of effective protection.

Snow removal, according to the resolution of the Ministry of Labor of the Russian Federation dated DD.MM.YYYY No., is classified as a typical janitor's duties, the sufficient availability of which has been confirmed by MAU "DSK" staffing table. The statement of the defendant’s representative that the wipers do not have time to clear all the objects of MAU “DSK” from snow is not a basis for assigning their functions to other employees.

In addition, the contested clause 10 of the Functional Responsibilities contradicts clause 6 of the same Functional Responsibilities, according to which the watchman must remain on site at all times during the entire period of duty, that is, the plaintiff’s performance of clause 10 of the Functional Responsibilities will entail a mandatory violation of clause 6, which by virtue of Art. The Labor Code of the Russian Federation, according to which the employer is obliged to create the conditions necessary for employees to comply with labor discipline, is unacceptable.

The court also takes into account that the performance of work indoors related to its protection, contrary to the defendant’s assertion, is not equivalent in complexity and, in medical terms, differs from snow removal work associated with physical exertion and sometimes performed in extremely cold weather. weather conditions Far North.

Taking into account the above, the court believes that clause 10 of section II of the Functional duties of the watchman of UIA "DSK" is illegal and subject to cancellation, and the defendant’s objection that the established art. Part V > Section XIII. Protection of labor rights and freedoms. Review and resolution labor disputes. Responsibility for violation of labor legislation and other acts containing norms labor law> Chapter 60. Consideration and resolution of individual labor disputes > Article 392. Deadlines for applying to court for resolution of an individual labor dispute" target="_blank">392 of the Labor Code of the Russian Federation, the term is unreasonable, since the specified violation is of a continuing nature.

Having discussed the issue regarding the collection of lost money wages for the performance of labor duties not related to the subject of the employment contract, the court believes that these requirements cannot be satisfied for the following reasons.

Similar conditions (on the possibility of additional work with payment made by agreement of the parties) are contained in clause 2.4 of the Collective Agreement of UIA “DSK” for 2013-2016.

Since an agreement on performing additional work in another profession was not reached between the parties, the amount of the corresponding additional payment was not agreed upon by them, the court does not have the right to independently determine those conditions, the agreement of which is the exclusive prerogative of the employer and employee (Article Part III > Section III. Employment contract > Chapter 10. General provisions > Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract" target="_blank">60.2 of the Labor Code of the Russian Federation).

The witness FULL NAME8, interrogated at the court hearing, explained to the court that she is engaged in calculating wages, including for the guards of MAU “DSK”. Until October 2013, wages included salary and a percentage bonus for complexity. The witness finds it difficult to say exactly what indicators and in what amount were included in this surcharge, but believes that the surcharge for snow removal was included there.

That is, the fact that snow removal by the plaintiff was not paid by the defendant has not been established, just as the existence of an agreement between the parties on the content, volume and amount of payment for this work has not been established, since the “Regulations on the remuneration of employees of MAU “DSK” were incentive payments are provided for the quality and effectiveness of work, additional payments to employees engaged in heavy work, and the “Regulations on the new system of remuneration for employees of MAU “DSK” provide for compensation payments, including when performing work of various qualifications, combining professions, for expanding service areas, increase in work volume, etc.

The plaintiff also filed a demand for monetary compensation for moral damage. Considering the factual circumstances of the case, guided by Art. Labor Code of the Russian Federation, the court believes that the deliberate guilty actions of the defendant caused moral damage to the plaintiff, expressed in the fact that she was unreasonably brought to disciplinary liability, deprived of bonuses, and illegally assigned additional responsibilities. The court also takes into account the plaintiff’s age, the presence of chronic diseases, and the fact that after a conflict with her employer she was forced to go to medical institutions.

When determining the amount of moral damage, the court, taking into account the depth experienced by Rudenko N.K. physical and moral suffering, her personal and individual qualities, the degree of guilt of the harm-doer, his property status, believes that the amount will be a reasonable and fair amount of compensation.

Since the plaintiff is exempt from paying state duty, the state duty is subject to collection in budget revenues at the expense of the defendant.

Based on the above, guided by Art. - , court

DECIDED:

Statement of claim Rudenko Nina Kirillovna to the Municipal Autonomous Institution "Dudino Sports Complex", to cancel the disciplinary sanction, change functional responsibilities, recover money, compensation for moral damage, partially satisfy.

Declare illegal and cancel:

Order of the Municipal autonomous institution"Dudino Sports Complex" from DD.MM.YYYY No.

Clause 10 of Section II of the Functional responsibilities of the watchman of the Municipal Autonomous Institution “Dudinsky Sports Complex”.

To recover from the Municipal Autonomous Institution “Dudinsky Sports Complex” in favor of Rudenko a sum of money in the amount of..., including:

Award for 2013 – .

Cash compensation moral damage – .,

Refuse to satisfy other demands.

To recover from the Municipal Autonomous Institution “Dudinsky Sports Complex” as budget revenue state fee, in size.

The decision can be appealed on appeal to the Krasnoyarsk Regional Court within a month from the moment it was made in full, by filing an appeal through the office of the Dudinsky District Court.

Judge A.V. Kobets

Court:

Dudinsky District Court ( Krasnoyarsk region)

Plaintiffs:

Rudenko N.K.

Defendants:

MAU "Dudino Sports Complex"

Judges of the case:

Kobets Alexey Valerievich (judge)

Judicial practice on:

Employment contract

Judicial practice on the application of Art. 56, 57, 58, 59 Labor Code of the Russian Federation

The profession of a security guard involves performing actions that are regulated by law and the job description of a security guard at a private security company. Their list is determined by many factors, which we will consider in this article. Without a certificate of completion of training and passing an exam for the appropriate qualifications, no security guard can work. A watchman or watchman is not one of them; these are completely different positions.

Who can become a security guard

The activities of representatives of this profession are regulated by Law No. 2487-1 of March 11, 1992, which is called “On private detective and security activities in the Russian Federation.” Article 1.1 of it states that one can acquire this profession by reaching the age of 18 and passing an exam that confirms the qualifications of a security guard.

The concept of a private security guard does not apply to representatives of private security (related to the Ministry of Internal Affairs) or VOKhR (military security). By law, private security guards can work either in a private security company (private security company) or in the own security service of a non-state structure. Of course, departmental security is not available everywhere. If necessary, any organization has the opportunity to resort to the services of a private security company.

The law limits individuals obtaining the status of a private security guard. A person who has a number of certain diseases (related to poor eyesight or mental disorders) or an outstanding conviction for an intentional crime will not be allowed into this profession.

Rank of private security guards

The duties and rights of a security guard are determined by his rank indicated in the certificate. Examination tickets security guards when passing the qualifying exam vary depending on what category you are taking. The powers differ in the same way.

If a security guard has rank IV, he is allowed to use special equipment that is not legally related to weapons. We are talking about a protective helmet and vest, handcuffs, and rubber batons.

Security guards of the V category have the right to use traumatic weapons. And those with category VI, in addition to all of the above, acquire the right to use firearms. They are primarily tasked with guarding and escorting particularly important objects.

Job responsibilities of a security guard

The content of a document such as a security guard’s job description is influenced by a number of circumstances. These include the type and structure of a private security organization or the enterprise’s own division, direction, as well as the types of objects to be protected. At the same time, the law limits the list of responsibilities of any private security guard, which exists in the form of a list of its main functions.

According to it, a security officer of an organization or enterprise or a representative of a private security company is obliged to protect health and life individuals, ensure the safety of entrusted property (including during transportation), protect public order in the process mass events, ensure access control at important facilities, advise on legal methods of physical and legal self-defense. In a word, its main tasks are to ensure order and security and prevent theft at the site.

What else applies to them

In addition, the job responsibilities of a security guard may include work related to the installation and maintenance of alarm systems (for example, a panic button). This is done by mobile squads, whose task is to arrive at the site upon a special signal in order to counter the violators up to and including direct arrest.

It is important to note that the rights of a security guard at a private security company are quite limited. His official duties only allow him to detain the offender, but do not allow him to search or seize any objects. In the case, for example, of suspicion of shoplifting, a security officer has the right only to transfer the alleged offender to a police officer.

The limits of his responsibility are also regulated by the job description of a security guard at a private security company. In addition, relevant information is contained in collective agreement O financial liability. Typically, a security guard is not considered a financially responsible person and is obliged to answer only for valuables damaged by him.

What is the security guard responsible for?

Departmental security bears disciplinary responsibility on an equal basis with others according to labor legislation. But a number of disciplinary offenses can interrupt his career as a professional. For example, going to work while under the influence of drugs is fraught with disqualification - the security guard's certificate may be revoked.

If a private security guard exceeds his own authority, he may face both administrative and criminal liability. The latter option is possible for the use of weapons or special means without good reason or for exceeding the measures necessary for arrest.

Everyday life of a security worker

Now let's take a closer look at the typical job responsibilities of a security guard. What exactly does he do on duty?

According to the job description, he:

  • Checks the inventory, serviceability and completeness of existing security equipment;
  • Monitors the performance of the control system and receives a report on the work of the previous shift;
  • Responsible for maintaining access control at the enterprise;
  • Patrols the territory according to the patrol schedule;
  • In the event of unauthorized entry into a protected facility or a violation of the security system or regime, he immediately notifies the authorities heading the security service;
  • Provides reference services to visitors as needed;
  • Maintains completeness and cleanliness own form security guard;
  • Keeps weapons and ammunition in order, is familiar with the procedure for their inspection and operation;
  • Able to use the security means entrusted to him. Having discovered suspicious items (bags, boxes) left unattended, informs immediate superiors;
  • In the event of a fire, ensures an urgent call to the fire department and eliminates the source of fire using available means.
  • Familiar with communication devices and able to work on air;
  • Monitors equipment that requires regular recharging (radio stations, flashlights, stun guns, etc.);
  • If necessary, provides first aid and has the necessary skills;
  • Does not allow violations of safety regulations at the facility.

Procedure

What exactly should a security officer on duty do to perform all of the above duties? He will have to make sure that the equipment entrusted to him is available and in good working order. The latter includes a device that records events in the Dispatcher system.

The device is accepted at the beginning of duty according to the instructions. Then - the available lighting means (lamps, lanterns, spotlights). Fire extinguishing agents. It should be noted that strict knowledge of the procedure for operating equipment, communications, weapons, first aid kits, etc. is the direct responsibility of this official.

If the post is located outside the building, the guard must keep it clean and tidy, remove debris, leaves and snow. If necessary, he knows how to provide the necessary medical assistance before calling a doctor.

His actions in various situations

When starting duty, the security representative takes over the territory from the person replacing him and checks the integrity of equipment, locks, window glass, doors and seals. In the event of the arrival of strangers, he clarifies the purpose of the visit and, if necessary, issues passes with mandatory requirement identification document.

In the event of a fire, he calls security by phone 01 and independently begins to evacuate people and material assets from the premises. Having discovered an act of opening a premises or warehouse, as well as a violation of seals, he takes all measures to strengthen the security of the facility before the police arrive, notifying his superiors.

The security guard monitors the removal of large cargo (boxes, packages, large boxes and containers) from the territory of the facility and does not allow this without the written permission of the security chief. Maintains a laced and numbered log of duty delivery and acceptance. Carefully monitors the entry of strangers into the territory. Regularly walks around the object, checking in at control points with the “Dispatcher” device.

Be vigilant!

Monitors the activities of employees with access to material assets for the sake of their safety. Using communication means (telephones, radio stations), he transmits information concisely and concisely, without clogging up the airwaves. Continuously monitors the security alarm remote control and, if necessary, is always ready to respond to an alarm signal.

The security guard is obliged to handle the weapon entrusted to him carefully and carefully, he is responsible for its safety and inviolability. The same applies to all special equipment. When taking duty, a security guard must be dressed in a uniform according to the established pattern and have an official insignia. He must be aware of the content of orders for the enterprise directly related to its activities, service instructions and safety regulations.

And other points...

When not on duty, the guard is required to attend theoretical training and basic self-defense classes a certain number of times a month. While on duty, he has no right to drink alcohol or be distracted from immediate official duties and transfer their functions to third parties without approval from management.

If it is impossible to go to work, he is obliged to notify about this no later than 18 hours before the start of the shift. Reports all identified incidents and violations to superiors in airport uniform. If a security guard’s duties are violated intentionally and systematically, he may be subject to administrative punishment.

The job description of a watchman gives a complete picture of the working conditions, duties, responsibilities and rights of this category of workers. It clearly defines the watchman’s functionality, outlines the boundaries beyond which he should not go in the workplace, and also allows his immediate superiors to demand strict compliance with the provisions prescribed in this instruction and monitor his activities.

Sample job description for a watchman

I CONFIRM:
General manager
LLC "Supplies Wholesale"
Shirokov/Shirokov I.A./
"12" August 2014

Job description of a watchman

I. General provisions

1.1. This document regulates job functions the watchman, his rights, responsibilities, working conditions, as well as other parameters accompanying his activities.

1.2. The immediate supervisor of the watchman is the head of the administrative and economic part of the enterprise.

1.3. The hiring and dismissal of a watchman takes place in the manner established by the internal regulatory documentation of the organization, strictly after the issuance of a corresponding order by the director of the enterprise.

1.4. A person with a high school diploma and at least six months of work experience can be appointed to the position of a watchman.

1.5. During the watchman’s absence from the workplace, his duties are transferred to a person appointed by special order of the head of the organization.

1.6. The watchman must be familiar with:

  • the basics of the legislation of the Russian Federation in terms of labor and civil law;
  • their job responsibilities (see this document);
  • instructions, resolutions and orders of management relating to both the work of the organization in general and its activities in particular;
  • The charter of the enterprise, as well as internal rules organization, labor protection and safety standards, other regulations companies.
  • procedure for actions in the event of complex, non-standard, dangerous and force majeure situations;
  • the procedure for receiving and transferring a protected object to perform its work tasks and functions;
  • ways and methods of protecting buildings and interior spaces, as well as adjacent external areas,
  • ways and methods of protecting the organization’s property;
  • internal procedures for oral and written communications with employees of other departments, as well as with management;
  • admission forms to the organization and signatures of responsible persons;
  • rules for reporting on the results of their work;
  • fire protection devices, burglar alarms, CCTV cameras.

ІІ. Job responsibilities watchman

2.1. The responsibilities of the guard include the following tasks:

  • security of the facility, including acceptance of the organization’s premises under security and their delivery after the end of the shift with the appropriate entries being made in the reporting documentation;
  • checking the integrity of seals, seals, locks, latches and other locking devices together with the representative on duty of the organization or, in the absence of one, with the security guard on duty;
  • access to the territory of enterprise employees if they have passes;
  • entering into the visitor logbook information about people entering and leaving the protected premises (both employees of the enterprise and other persons);
  • monitoring and control of the operation of security and fire alarms, internal and external video cameras;
  • immediate reporting of all dangerous, unforeseen, non-standard, force majeure situations to immediate superiors, as well as in the event of a fire - to the fire service, if signs of theft are detected - to the police;
  • timely reporting to superiors about all detected malfunctions and breakdowns in the operation of security systems (video cameras, security monitors, security and fire safety, etc.);
  • maintaining cleanliness and order in protected areas:
  • regular inspection (at least once every two hours) of the internal premises of the protected facility and the adjacent external territory;
  • strict adherence to the provisions prescribed in this job description.

III. Rights

3.1. The watchman has the following rights and powers:

  • demand the provision of normal working conditions that comply with the current legislation of the Russian Federation;
  • submit proposals to optimize the operation of the enterprise for consideration by management;
  • inform superiors about all identified violations, both within the watchman’s competence and beyond it, and also propose measures to eliminate them;
  • receive timely information about all orders, instructions, resolutions relating to both his own work, and the work of the enterprise as a whole;
  • communicate with representatives of any departments of the organization to quickly and competently resolve work issues and tasks;
  • make independent decisions within their competence, but without violating the rights of other employees of the enterprise;
  • refuse to perform official duties if a threat to life or health arises.

IV. Responsibility

The watchman may be subject to disciplinary punishment as a result of the following situations:

4.1. Improper maintenance of reporting documentation, including entering false or deliberately false information into the visitor register, etc.

4.2. Exceeding official authority.

4.3. Disclosure of confidential information and trade secrets of the organization;

4.4. Avoidance or improper performance of one's official duties.

4.5. Gross violation labor regulations, subordination, work and rest hours, standards for ensuring the safety of the enterprise;

4.6. Neglect of the requirements of immediate superiors, as well as non-compliance with the orders and instructions of the director of the organization

4.7. Causation in the process of implementation professional activities material damage to the enterprise, as well as its employees and other third parties.

AGREED
Head of HR Department
LLC "Supplies Wholesale"
Meshcheryakova/Meshcheryakova T.V./
"12" August 2014

I HAVE READ THE INSTRUCTIONS
Gushchin Stanislav Igorevich
Watchman "Supplies Wholesale" LLC
Passport 7869 No. 973865
Issued by the Department of Internal Affairs of the Leninsky district of Perm
09/14/2012 department code 123-425
Signature Gushchin
"17" August 2014

FILES

Basic rules for drawing up a document

Since today the job description is not included in the list of mandatory documents of enterprises and organizations, and therefore there is no strictly established, mandatory sample for use, it can be drawn up, focusing on individual ideas about this profession and based on their needs of the company.

As a rule, the standard form of instructions includes several main sections that fit into general information about this position, the specific functions that the employee is charged with, his rights, as well as responsibility for certain violations and errors made in his work.

The document is usually printed in a single copy, which must be certified by the signatures of the watchman’s immediate superior, the director of the enterprise, as well as the employee himself.

The principle of drawing up watchman's instructions

At the beginning of the document, its name is indicated in the middle, then on the right side there is a place for approval by the head of the organization. Several lines are filled in according to the usual form for this type of document: position is entered here (director, general manager etc.), last name, first name, patronymic of the manager, company name, and the bottom two lines remain empty until the moment of approval, then the signature and date of filling out the document are placed here.

General provisions

Under "General provisions" refers to the requirements that apply to a representative of this profession. First, it is indicated here which group of personnel the watchman belongs to (worker, employee, specialist, etc.), then the conditions for the level of education and work experience, the procedure for hiring and dismissing the employee are stated. Then information about his immediate superior is entered here, as well as the person who is obliged to replace the guard during his absence (there is no need to write specific names and surnames in these two paragraphs).

Below is a list of documents that a watchman must follow when performing his work duties, as well as a complete set of rules, manuals, standards, methods of work and principles of action in various situations with which he must be familiar on duty.

Duties of a watchman

Second part of the instructions "Job Responsibilities" contains a list of functions that fall within the competence of the watchman, ranging from protecting the facility to keeping records within the framework of his activities. IN different companies The duties of a watchman may vary slightly, but the basic tasks should be identical. This section should be given special attention, since it is this section that can play a decisive role in the event of disputes and disagreements, especially if the matter goes to court.

Rights vested in the watchman

Chapter "Rights" determines the powers and actions that are permitted to the watchman to increase the efficiency of his work. In particular, it stipulates the right to receive the necessary information, express various initiatives, adopt independent decisions, as well as the opportunity to interact with other departments and company management.

This also includes a clause stating that the watchman has the right not to start work if he sees that it may in any way threaten his life or health.

Watchman's responsibility

In the section "Responsibility" actions, mistakes, and offenses are indicated for which the watchman may be subject to disciplinary punishment, ranging from a reprimand to removal from work. It is important that the data entered in this section comply with the law - this can also be indicated as a separate paragraph.

Finally, the document is agreed upon with the employee who is responsible for the watchman’s compliance with the provisions specified in his job description, and is also submitted for signature to the watchman himself, who thus agrees with the obligations, rights and responsibilities assigned to him. Last but not least, the job description is signed by the head of the enterprise.

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