Private security guard in the Law.
Private security guard in the Law
First, to determine the legal status of a security guard, it is necessary to consider the restrictions associated with the implementation of security activities. The Law «On Private Detective and Security Activities» contains a provision according to which individuals who do not have the legal status of a security guard are prohibited from carrying out security activities. According to the law, a private security guardworks under an employment contract with a security organization, and his work activity is regulated by labor legislation and this Federal Law. A private security guard performs a labor function and enjoys the rights provided for by this Federal Law. The legal status of a security guard is confirmed by the presence of a private security guard certificate issued by the internal affairs agencies in the manner established by the Government of the Russian Federation. Status of a private security guardThe following persons may not have the status of a private security guard: persons who are not citizens of the Russian Federation; persons under the age of eighteen; persons recognized by a court decision as incompetent or partially incompetent; persons with illnesses that prevent them from performing their duties as a private security guard. The list of such illnesses is established by the Government of the Russian Federation; persons who have a criminal record for committing an intentional crime; persons who have been charged with committing a crime (until the issue of their guilt is resolved in accordance with the procedure established by law). Further, it is necessary to highlight the specific rules governing the status of a private security guard. General legal norms enshrined in current legislative and other acts at the federal level.
Rights and obligations of a private security guard:
A citizen performing the functions of a private security guard has the right to:
- conclusion, modification and termination of an employment contract in the manner and on the terms established by the Labor Code and other federal laws;
- provision of work stipulated by the employment contract;
- a workplace that meets the conditions stipulated by state standards for the organization and safety of labor and a collective agreement;
- timely and full payment of wages in accordance with the qualifications, complexity of work, quantity and quality of work performed;
- rest ensured by establishing normal working hours, reduced working hours for certain professions and categories of workers, providing weekly days off, non-working holidays, paid annual leave;
- complete reliable information on working conditions and labor protection requirements in the workplace;
- professional training, retraining and advanced training in the manner established by the Labor Code and other federal laws;
- association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;
- participation in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement;
- conducting collective negotiations and concluding collective agreements and contracts through their representatives, as well as to information on the implementation of the collective agreement, agreements;
- protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
- resolution of individual and collective labor disputes, including the right to strike, in the manner established by this Code and other federal laws;
- compensation for harm caused to an employee in connection with the performance of his labor duties, and compensation for moral damage in the manner established by this Code and other federal laws;
- compulsory social insurance in cases stipulated by federal laws. When performing security functions, the rights of a private security guard are regulated as follows. When performing security functions, a private security guard has the right to provide the following types of services: — protection of life and health of citizens;
- protection of property of owners, including during its transportation;
- design, installation and maintenance of fire alarm systems; — consulting and preparation of recommendations to clients on issues of lawful protection from illegal attacks;
- maintaining order in places where mass events are held.
The rights and responsibilities of a private security guard include the use of special equipment and firearms in the course of security activities. Security guards have the right to use special equipment:
- to repel an attack that directly threatens their life and health, and to repel an attack that directly threatens the life and health of protected citizens;
- to prevent a crime against the property they protect, when the offender offers physical resistance (Article 17 of the Law «On Private Detective and Security Activities«).
Security guards have the right to use firearms in the following cases:
- in order to repel an attack when his own life is in immediate danger;
- to repel a group or armed attack on protected property;
- to warn (by firing a shot into the air) of the intention to use a weapon, as well as to give an alarm signal or call for help (Article 18 of the Law «On Private Detective and Security Activities«).
The Law «On Private Detective and Security Activities» states that a person who has committed an illegal attack on the protected life and health of citizens or property may be detained by a security guard at the scene of the offense and must be immediately transferred to the internal affairs agency.
Duties of a private security guardimply mandatory medical examination to determine fitness for work and prevent occupational diseases, as well as periodic testing of private security guards for fitness to act in conditions associated with the use of firearms and special equipment. The right to use firearms is also limited by the obligation to immediately inform the internal affairs agencies of each case of the use of weapons. Duties of a private security guard in the performance of their work duties. As an employee under an employment contract, a security guard is obliged to: — conscientiously fulfill his work duties imposed on him by the employment contract; — comply with the internal work regulations of the organization; — observe labor discipline; — fulfill established work standards; — comply with labor protection and labor safety requirements; — take good care of the property of the employer and other employees; — immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer's property.