Deputy director of a security company. The legal status of the head of the chop. General Director of a Private Security Company

  • 29.10.2020

Deputy director of a security company.

According to the website http://www. *****/page/chop_46.html

CEO 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 points, which will be consistent with collective agreement and the articles of association of the company.

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, saving, issuing and receiving

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

enterprise work, work personnel businesses 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,

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 activities other than security. The authorized capital of a private security organization may not 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 authorized capital of a private security organization cannot be more than 50 percent of the authorized 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 Russian Federation persons having 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 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 Russian Federation.

Members of a private security organization may remain the persons who founded it, who have received the right to an old-age pension in accordance with the legislation of the Russian Federation, have transferred to work in public organizations working in the field of private security or private detective activities, or appointed (elected) to public positions in the Russian Federation. Persons appointed (elected) to these public positions are prohibited from participating in the management of a security organization.

Our site always presents a large number of fresh current vacancies. Use filters to quickly search by parameters.

For successful employment, it is desirable to have specialized education, and also have necessary qualities and work skills. First of all, you need to carefully study the requirements of employers in the chosen specialty, then start writing a resume.

You should not send your resume to all companies at the same time. Choose suitable vacancies based on your qualifications and work experience. We list the most significant skills for employers that you need for successful work as a director of a private security company in Moscow:

Top 7 Key Skills You Need to Get a Job

Also quite often in vacancies there are the following requirements: experience in a private security company for the positions of general director, deputy, head of security, organizational skills and teamwork is required.

When preparing for an interview, use this information as a checklist. This will help you not only to please the recruiter, but also to get the desired job!

Analysis of vacancies in Moscow

According to the results of the analysis of vacancies published on our website, the indicated starting salary, on average, is - 100,000. Keep in mind that these figures are statistics. The actual salary during employment can vary greatly depending on many factors:
  • Your previous work experience, education
  • Type of employment, work schedule
  • Company size, industry, brand, etc.

Salary depending on the experience of the applicant

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 its legal status, which is characterized by a complex of legal rights and obligations, and legal status occupied by him in a certain circle 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 generalizing in relation to all persons who head various commercial and non-profit organizations. In a specific job title - the term "leader", as common to all officials who are a representative 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, fixed federal laws, laws of the constituent entities of the Russian Federation, decrees of the President of the Russian Federation, resolutions 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 of relevant position 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 presided over 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 a company member authorized by decision general meeting participants of the company, or, if the solution of these issues is within the competence of the board of directors (supervisory board) of the company, by 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 general provisions 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 legal entity, the procedure for the formation and powers of which are determined by civil law.

On the other hand, a legal entity and its head are members of labor relations, 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 realized.

On the third hand, the head of a private security organization is a participant in an independent, separate species activity (private security activity), which is regulated by legislation in the field of protection, and which imposes serious Additional requirements, both to the head of a private security organization, and to the activity itself.

Thus, the legal status (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 his activities he is guided by the norms of civil, labor law and security legislation.

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 ( 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 head performs a labor function in accordance with labor law.

Like any employee of the organization, the leader concludes labor 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 compared to necessary requirements labor legislation.

Duration fixed-term contract cannot exceed five years, unless otherwise specified Labor Code RF and other laws. Article 275 of the Labor Code clarifies that 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. Thus, if in founding documents the term for concluding an employment contract with the director is 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 head, whose position is also included in staffing, exercises rights and fulfills obligations to its employees, regardless of who employs 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, due to the specifics of his labor 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 management 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. legal regulation workers' labor.

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.

By 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 an 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 an organization in the field of labor relations are determined by the Labor Code of the Russian Federation, laws and other regulatory legal acts, the organization's constituent documents, and an 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 referred 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. Under the supreme vocational education means any higher education. This requirement of the Law does not apply to deputies and other heads of a security organization.

Further, the head of the security organization is obliged 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 additional professional educational program 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. This increase qualifications the head of a security organization passes 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, from the prosecution authorities, judicial authorities, on the 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, the commission of an offense discrediting the honor of a civil servant, loss of confidence in him, if after such early termination less than three years of office or such dismissal have elapsed;

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 of "security guard of 4-6 categories", set out in the Order of the Ministry of Health and social development RF dated 04/17/2009 N 199 "On Amendments to the Unified Tariff and Qualification Reference Book of Works and Professions of Workers, 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;

methodical and regulations on the implementation of private security activities;

procedure 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 use technical means security and fire alarm;

first aid (pre-hospital) guide medical care victims of bodily injury;

the procedure for sending victims to medical institutions;

technical characteristics, device and principle of operation, rules of use and safety measures when handling by special means, civilian 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 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 the implementation of scientific, teaching and other creative activity.

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 from each employee conscientious performance labor duties, as well as the right to involve the employee in 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 with respect for the rights of the trade union and labor collective), issues orders and instructions that ensure the organization of labor, the failure to comply with which entails liability for employees.

Valery Shestakov