A watchman or watchman who is hired must be registered in accordance with all the rules of the Labor Code.
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But since this work involves alternating shifts, which means the work schedule differs from the usual schedule, the agreement is drawn up with certain nuances.
Basic information
Before concluding a contract, the employer needs to decide for what purposes he is hiring a watchman.
And after this, all the conditions of his work will be determined with a full description in the employment contract.
An employment contract for a watchman must be drawn up every other day in cases where the employee is needed for only a few days.
It does not matter the form of ownership of the employer, whether it is a legal entity or an individual; the correct execution of the contract must be observed by everyone without exception.
What you need to know
First of all, the concepts of watchman and security guard should be clearly distinguished, because these positions require different functions.
The security guard must not only inspect the facility or territory entrusted to him, but also protect the valuable property of the employer.
The watchman must report a threat to the integrity of the property, without entering into conflicts with intruders. In a contract with a watchman, the main thing is to look at the work schedule.
If a watchman takes on a part-time job, then in the agreement, in the clause that provides for the work schedule, you will need to specify the proposed scheme.
Purpose of the agreement
An employment contract with a watchman is a guarantee of the fulfillment of obligations by the parties to the contract, which specifies in writing the working conditions, the rights and obligations of the parties to the transaction and remuneration.
By drawing up an agreement, the employer, in fact, must receive high-quality fulfillment of the watchman’s obligations (protection of the object or territory specified in the contract), and the watchman can be confident in a timely and guaranteed salary.
The legislative framework
The employment agreement must be drawn up in accordance with Art. 57 Labor Code of the Russian Federation. Mandatory items include information about the employer and employee, specific conditions (specified in Article 57 of the Labor Code of the Russian Federation), additional conditions (insurance, etc.), signatures of the parties and a receipt for receipt of a copy of the document.
The duration of work must comply with Art. 96 Labor Code of the Russian Federation.
What does a sample employment contract with a watchman look like?
The employment contract with the watchman includes the following clauses:
- Place and date of conclusion of the agreement.
- Employer's name and employee's initials.
- Subject of the agreement.
- Rights and obligations of the parties to the transaction.
- Time for work and rest.
- Terms of remuneration.
- Responsibility of the parties.
- Final provisions.
- Details and signatures of the parties to the transaction.
Essential conditions
The essential conditions specified in the contract enable the employee to navigate his responsibilities. The job responsibilities of a watchman are very different from those of other employees.
After all, he does not produce anything with his own hands, but makes sure that attackers do not damage the employer’s property.
Working hours are also an essential condition. This clause of the agreement must be given special attention and all the nuances must be spelled out.
If we are talking about shifts, the order and duration of the shifts must be indicated. It would not be amiss to indicate a route around the object and coordinate actions in different situations.
If the watchman is assigned financial responsibility, then an additional agreement must be signed (a reference to it must be indicated in the main employment agreement).
You also need to take into account that the watchman can only bear partial financial responsibility.
Operating mode
The agreement must clearly state the working hours. Working time, rest time, weekends and holidays are separately assigned.
If you have to work at night from 22:00 to 6:00, then wages are charged 20% more than during daytime working hours.
The work schedule is scheduled in such a way that the total number of hours worked does not exceed the norm fixed for workers of this class (160-180 hours per month).
Features of the design of a guard at school
Very often, when concluding an agreement with a watchman, some educational institutions want the watchman to work as a watchman during the daytime.
The janitor's duties include filtering the flow of people entering the school to ensure the safety of other employees of the institution and students.
Also, any school guard will be more involved during the educational process than during the holidays.
Here, much attention should be paid to the mat. responsibility.
In all other respects, the agreement is concluded according to the usual scheme and does not have any special differences. The limits of responsibility are specified in clause 6.
It is drawn up in a similar way to hiring a GSK or kindergarten watchman. It would also be appropriate here to attach a graphic diagram of the premises that are protected, with exceptions written for which the hired guard will not be responsible.
Night watchman
A characteristic difference in the employment agreement with the night watchman is his work schedule. After all, usually other employees work during the day, and the watchman works at night.
The contract must clearly indicate the start and end times of the shift. Within the framework of the law (Article 96 of the Labor Code of the Russian Federation), this time is limited to 22:00 in the evening and 6:00 in the morning.
The specified period of time cannot be shortened. This is due to the fact that watchmen are specifically hired for this vacancy, which is the main job.
Budgetary institution
Typically, budgetary institutions enter into employment contracts with several workers for the position of guard.
Their numbers must be calculated in accordance with Intersectoral Standards. It is accepted that watchmen perform their work according to a schedule.
The duty schedule is drawn up in such a way as to take into account all working hours, vacations, weekends and holidays.
If one of the guards goes on vacation, the schedule is adjusted between other guards, or a replacement worker is temporarily hired to replace the main worker.
When calculating wages, overtime hours (if any), additional pay for night duty, weekends and holidays are taken into account.
Kindergarten
An agreement with a guard at a preschool educational institution is signed between the hired worker and the head of the institution.
The employee’s responsibilities include not only the protection of objects on the territory of the preschool educational institution, but also compliance with all the requirements in the “Instructions for protecting the life and health of children in the preschool educational institution.”
The watchman must comply not only with the terms of the labor obligation and job description, but also obey the internal regulations of the child care institution and sanitary standards.
Validity
The agreement with the caretaker can be terminated at any time. Moreover, this action can be performed either by mutual consent of the parties to the transaction or unilaterally.
An employee may resign at any time by writing a corresponding written statement addressed to an authorized person.
At the same time, he can write down general data as a basis, for example, “At his own request.”
An employer cannot fire an employee at will.
Video: how to draw up an agreement to terminate an employment contract
To do this, he must have a compelling reason, which is supported by appropriate arguments.
For example, if the dismissal is associated with frequent absenteeism, the very fact of absence from work should be recorded in the appropriate act, in the presence of a witness.
Nuances of termination
The grounds for termination of an employment agreement are:
- Agreement of the parties.
- The expiration of time, unless the employment relationship actually continues and no party requests termination.
- Conscription or entry of an employee into military service, assignment to alternative service.
- Termination of an employment agreement at the initiative of an employee.
- Transfer of an employee, with his consent, to another place of work or transfer to another position.
- Refusal of an employee to be transferred to work in another location.
- Entry into force of a labor sentence in which an employee is convicted.
- Grounds provided for in the agreement.
Due to the fact that the employee is dismissed at his own request, as well as at the initiative of the employer.
If the agreement is of a fixed-term type
Moreover, employers can sign such agreements for any period - a year, two or more.
The most important thing is that paragraph 4 specifies the maximum period.
If this is not done, the contract will be of unlimited duration. Therefore, if a temporary hire must be made, this request must be respected.
Responsibility of the parties
In a situation of non-fulfillment or improper fulfillment by an employee of his duties prescribed in the employment agreement and job description, violation of the labor legislation of Russia and causing material loss to the employer, he bears disciplinary, material and other penalties in accordance with the legislation of Russia.
Typically, the main responsibilities of a watchman under an employment agreement include conducting a survey of the territory and checking locks.
In other cases, the watchman’s duties may include viewing recordings from certain video cameras, as well as performing constant surveillance through monitors.
If the employer wishes, the watchman may be assigned various additional responsibilities. They can be expressed in opening gates for arriving cars, checking passes, examining imported items, etc.
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
An employment contract is a special document designed to regulate mutual relations between an employer and an employee. This document applies to absolutely all specialties and positions. A professionally drawn up contract (drafted out in accordance with the requirements of the Labor Code of the Russian Federation) allows one party to verify the fulfillment of obligations by the other party.
Rights and obligations of the parties
At the same time, regardless of the employee’s specialty, such a document, be it an employment contract with a watchman or with any other employee, must contain mutual rights and obligations. Thus, the employee must:
- Strictly observe labor discipline;
- Conscientiously perform his duties;
- Take care of movable or immovable property that is the property of the employer.
The obligations of the employer are regulated in the same way. He is obliged:
- Comply with the rules and regulations established by the labor laws of the country;
- Ensure the working conditions stipulated in the contract;
- Guarantee labor safety;
- Pay wages in full;
- Provide for the daily needs of its employees;
- Provide employee insurance as required by law.
Specifics of work and nuances
An employment contract with a school security guard has its own characteristics, determined by the specifics of the work. When a watchman has a shift work schedule, that is, when working during the day, the document must contain a specific indication of this: “the watchman’s work schedule (indicate full name) 2 through 2.” In such cases, it is necessary to take into account the maximum time worked for this type of work - 160-180 hours per month. This is the norm.
A sample employment contract concluded with a school custodian contains an indication of a clear definition of the employee’s working hours. Unlike other workers, whose main working time is day, for a watchman it is night. Therefore, working hours have been established - its beginning and end. Night time of the Labor Code of the Russian Federation (Part 1 of Article 96) is defined as the interval from 22.00 to 6.00.
The duration of such time for guards is not allowed to be reduced. This provision is enshrined in Part 3 of Article 96 of the Labor Code of the Russian Federation, which determines that the position of a watchman is the main job for which the employee is hired specifically and precisely under these conditions.
The object of protection of the guard can be not only a secondary school, but also any other. For example, if an employment contract is concluded with a ski school guard, then it is natural that the duration of his work and some responsibilities will differ from the time and duties of a secondary school guard.
Most often, the duty of this watchman is to protect the territory adjacent to the school, and not to bypass the ski slopes. However, in cases where it is possible to bypass, guards may be required to inspect sports fields and competitive ski slopes.
A fixed-term employment contract can be concluded with a watchman when he is hired for a certain period. It should be noted that a person can only be appointed to the position of watchman under a fixed-term contract only with his consent. A sample form of an employment contract with a watchman can be downloaded from various sites containing legal information.
If the watchman is assigned financial responsibility, then an additional agreement must be concluded. A reference must be made to this document in the main employment contract. It should be borne in mind that the watchman does not bear full financial responsibility. His responsibility can only be partial.
The 2016 sample employment contract for hiring a watchman contains all the details necessary for its conclusion, including:
- Data about the subject of the contract;
- Detailed responsibilities of the Parties;
- Schedule of working hours and rest time;
- Remuneration and conditions;
- Responsibility of the Parties.
The contract must indicate the watchman's rest time on weekends, as well as the number of rest breaks during the shift. For example, an employee has the right to rest every 12 hours for 30 minutes. This time is taken into account along with the work shift and is subject to payment in accordance with the Labor Code of the Russian Federation.
Features of work in kindergartens
Let's turn to the employment contract with the dhow watchman. It is concluded between the employee and the head of the preschool educational institution in accordance with labor legislation. The employment contract with the preschool guard 2016, in addition to the employee’s duties to protect the buildings, structures and property of the institution, obliges him to follow the “Instructions for protecting the life and health of children in the preschool.”
According to the employment contract with the kindergarten guard, the employee must obey:
- Legislative acts and Labor Code of the Russian Federation;
- The Charter and Internal Labor Regulations adopted by the administration of the institution;
- Sanitary and epidemiological requirements;
- Employment contract and job description.
In practice, it is quite common to find an employment contract to perform other part-time work with a watchman during free time from the main job. If such work is carried out under the direction of the same employer, then this is called internal part-time work, and if it is with another, it is called external part-time work.
You can work part-time no more than four hours a day. If a watchman, for example, works on an “every other day” schedule, then he has the right to work the entire shift (a whole working day) at another part-time job.
You will need
- - trade union resolution;
- - employment contract;
- - internal regulations;
- - schedule form;
- - pen.
Instructions
Create a work schedule for guards for each reporting period. Consider one month of work as the reporting period. When drawing up a schedule, take into account the opinion of the trade union committee and the employee himself.
When drawing up a schedule, take into account Article 94 of the Labor Code of the Russian Federation. Moreover, if your salary includes a summary accounting of working hours for the reporting period, then you have the right to draw up any schedule. For example, each guard can work 24 hours, but after the work shift there must be at least 48 hours of rest. For continuous security of the enterprise, you will have to hire 3 guards.
If you set a work schedule of 24 hours on and 72 hours off, then you will have to hire 4 guards.
Having established a schedule of 8 hours, that is, a three-shift work order, 3 guards will guard the enterprise per day of work. Each guard, according to labor laws, can work no more than 6 days a week, which means you will have to hire 1 or 2 more shift employees.
You can set a 12-hour work shift. According to the Labor Code, with a 12-hour working day, working time cannot exceed 40 hours per week. That is, the legislator allows the employer to apply any work schedule, the main thing is that it alternates with the prescribed rest, the duration of which cannot be less than 42 hours per week (Article 110 of the Labor Code of the Russian Federation).
Also keep in mind that it should be 1 hour shorter (Article 96 of the Labor Code of the Russian Federation). Therefore, if it lasts the usual amount of time, then in addition to paying a 20% bonus for night work, you must pay double for one overworked hour.
Do not set a schedule that indicates two shifts in a row for one employee without the required rest hours (Article 103 of the Labor Code of the Russian Federation). This means that if the schedule is 24 hours, then the next day should be a day of rest. If the schedule is 8 or 12 hours, then only in exceptional cases a shift. For example, if there is no one to replace the watchman, if there are emergencies at the enterprise or man-made disasters.
If you have established a three-shift work system, then you must alternate shifts every week.
Sources:
- how I worked as a watchman
Progress does not stand still. And now, in the planning and design departments of enterprises and organizations, it is increasingly rare to find deposits of folders on employees’ desks, indicating that hard work is underway on the project schedule. Using the Microsoft Project office application, you can achieve much more significant results in the shortest possible time by following just five basic steps.
Instructions
Start with the action definition step. Identify everything needed to complete it. Write down all tasks. Enter the results that need to be achieved in the “Decomposition Structures” field. The program must show a sequence of actions to be performed. If there is not enough information yet, you will have to go to databases to collect the missing data. However, at this stage you can limit yourself to the information that you already have or use the WBS.
Now set the sequence of actions with dependencies. All dependencies of related tasks will be identified. All this is recorded by the program in the work schedule. Analyze each of the tasks to identify the types of dependencies on additional tasks in the project.
At this stage, resources and their availability for the project are identified. Please note that in reality not all opportunities for their use may be used, just as not all group members are in the program. Assign resources to each individual task (using a Gantt chart, for example). At the lowest point of the WBS, click on the list in the Resource Names column and select a possible group member. Avoid adding more than one resource for each task. The work schedule, of course, will be longer, but using it, you will be able to better control the tracking of resources during the project.
At this stage, the duration of each task is assessed (i.e., the number of working periods required to complete it). When working in Microsoft Project, duration can be specified in months, weeks, and days. Distinguish between duration types, as the choice of each will subsequently affect the availability of resources and the projected completion date for the project.
At the last stage, the work schedule is analyzed and all sequences, durations and mandatory schedule restrictions are considered. The purpose of this stage will be to check the correctness of the schedule. Check that the durations are correct. Adjust resource allocation (preferably manually) to realistically complete project tasks.
Video on the topic
Sources:
- how the work is structured
Security of private enterprises and government institutions is an important element of the overall functioning of the organization. Therefore, any facility must have a security guard position, since often a security system alone is not enough. In this regard, accountants of government organizations and private enterprises have a question: how to correctly calculate and pay a watchman’s wages if he works at night or if his working day exceeds the norm in terms of the number of hours.
Instructions
Payroll calculation occurs a little differently than the calculation of compensation for the work of other employees. When calculating, take into account all aspects and rules of payroll in general. Depending on the mode in which the enterprise or any organization that hires employees operates, the procedure for calculating wages for such employees changes. For example, a watchman will not differ in terms of accrual from the standard salary of any other employee. However, in most cases, watchmen are hired at night, so you need to clearly know how to calculate the watchman’s salary according to all the rules.
When calculating a watchman's salary, rely on the company's working time balance. If the facility is guarded on a daily basis, then it is better to divide the guard’s work schedule into night and day shifts.
Pay for day shifts based on the general rules for calculating official salaries. Since facilities are guarded daily, the day shift may fall on a weekend or holiday. In this case, pay the watchman at double the rate. Night shifts are counted from 22:00 to 6:00. In this case, charge the employee the basic rate of official salary, adding 35% of the hourly rate for each hour worked. The procedure for payment on weekends and holidays remains the same as for calculating wages for daytime watchmen.
It is not recommended to set a 24-hour workday for a guard. It's better to divide it into two or three shifts. This way you will get rid of problems with payroll and questions from inspection authorities in connection with entering it into the documentation. Correctly distributing wages per day is much more difficult than a standard eight-hour working day. In addition, you will not be charged for overtime.
A watchman is a hired employee whose profession belongs to the general classification and has nothing to do with security guards working with a license allowing armed security of an enterprise. You can set any work schedule for a watchman, it depends on the conditions specified in the employment contract, and pay according to tariff categories 016-94.
You will need
- - calculator or 1C program;
- - schedule.
Instructions
Specify the guard's salary when drawing up an employment contract. In accordance with Resolution of the State Committee for Labor 58/3-102 and the Ministry of Labor of the Russian Federation 15A, you can set a guard’s salary or tariff rate.
You can set the watchman's work schedule to 24-hour, 12-hour or 8-hour. Calculate wages in accordance with the general rules, based on the total number of hours worked in the month.
If you work night shifts, which, in accordance with the Labor Code of the Russian Federation, begin at 22 o'clock and end at 6 o'clock, then add 20% to your total earnings, unless otherwise specified in the internal legal acts of the enterprise.
For work on national holidays, make double payment regardless of the watchman’s work schedule. If an employee has expressed a written desire to receive an additional day of pay instead of double pay, then pay for work on holidays in a single amount.
For example, if a watchman’s hourly wage rate is 100 rubles per hour of work, then separately calculate all working hours on night shifts, multiply by 100 and 20%. Calculate pay for day shifts separately. If the total calculation of working hours exceeded the general norm in the working month, based on the number of working days in a given month, multiplied by 8, then multiply all overtime hours by 200 rubles.
To the amount received, add the remuneration or incentive specified in the legal acts of the enterprise, subtract 13% income tax. The remaining amount will be payment for one month of work as a watchman.
Do not forget that the guard does not have the right to use weapons or other special equipment for security. Therefore, if your enterprise requires armed security, then hire licensed security guards (Article 2487-1 on security activities), whose wages are an order of magnitude higher than a simple hired guard.
Sources:
- payment for night watchmen
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 to monitor his activities.
Sample job description for a watchman
I CONFIRM:
CEO
LLC "Supplies Wholesale"
Shirokov/Shirokov I.A./
"12" August 2014
Job description of a watchman
I. General provisions
1.1. This document regulates the job functions of 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 the internal rules of the organization, labor protection and safety standards, and other regulations of the company.
- 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.
II. Job responsibilities of a 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;
- timely receive 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 of labor regulations, subordination, work and rest hours, and enterprise safety standards;
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. Causing material damage to the enterprise, as well as its employees and other third parties in the course of professional activities.
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, which include general information about this position, specific functions that are assigned to the employee, his rights, as well as responsibility for certain violations and errors made in the 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 out in the usual form for this type of document: the position (director, general director, etc.), last name, first name, patronymic of the manager, company name are entered here, and the bottom two lines remain empty until endorsed, then a signature is placed here and the date the document was completed.
General provisions
Under "General provisions" refers to the requirements that apply to a representative of this profession. First, it indicates 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 responsibilities of a guard may vary slightly, but the main 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, make 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 chapter "Responsibility" actions, mistakes, and offenses for which the watchman may be subject to disciplinary punishment, ranging from a reprimand to removal from work, are indicated. 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.
We have four watchmen working in our institution. According to the vacation schedule, starting from June, they are granted vacations one after another, which makes it necessary to replace an absent vacation employee. Available employees (electrician, mechanic) refuse a temporary transfer from their position to a full-time position or a change in their work schedule (the remaining guards and watchmen) with additional payment for increasing the amount of work during the period of absence of the watchman. our institution is an educational one, we, in accordance with the requirements of the Labor Code, do not have the right to hire (even for non-teaching positions, including watchman) workers without a certificate of no criminal record and a mark on passing a medical commission. Potential applicants refuse to undergo a medical examination at their own expense, and this procedure is quite lengthy in terms of time, the process of obtaining a certificate of no criminal record is also quite lengthy. Taking into account all of the above, it is not possible to accept (assign the duties of) a watchman-watchman for the ENTIRE FULL time. At the same time, employees agree to do the work of an absent watchman for 0.5 times the rate (dividing one rate between two people). Please tell me: 1. Will it be legal to divide the existing rate between employees by 0.5 times the rate? If yes, then under what conditions (part-time or part-time)?2. What documents need to be accepted in this case (a new employment contract or an additional agreement to an existing employment contract, an order, an employee statement, etc.)?
Answer
Answer to the question:
Replacing an employee with two employees, i.e. splitting the rate is legal.
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Which was adopted and came into force this month.
In this case, you cannot formalize a combination, increase in the scope of work, etc. (Article 60.2 of the Labor Code of the Russian Federation), because this work will be performed outside the working day (shift) established for the employee.
Therefore, it is possible to arrange an internal part-time job in this case.
When hiring an internal part-time worker:
- part-time worker;
- part-time worker and organization;
- the head of the organization about hiring a part-time worker;
- the person responsible for personnel records in the organization, part-time (including internal).
However, registration of internal part-time work can lead to difficulties with inspection authorities, because in fact, they are recruited to work on weekends, but without following the established procedure and without appropriate payment.
Therefore, in this situation You can arrange for an employee to work on a day off(without registration of part-time work).
To attract employees to work on a weekend or holiday, you need to:
- (if necessary);
- employee to work on a weekend or holiday ();
- (if there is one in the organization).
Some organizations have this practice. The employee writes by hand on the order to hire him to work on a weekend or holiday: “I am familiar with the right to refuse work.” However, within the meaning of labor legislation, it is advisable to notify the employee before issuing the order. Therefore, issue the notice in the form and familiarize the employee with it against his signature.
Nina Kovyazina,
6. Answer:Is it necessary to take into account the opinion of the trade union when inviting employees to work on weekends and holidays?
If the organization has a trade union, when inviting employees to work on weekends or holidays, it is necessary. This is not required if the employee:
- called to work in cases where he;
- called to work to perform unforeseen work, on the urgent completion of which the future normal operation of the organization or its division depends.
In addition, the consent of the trade union is not required to hire certain categories of employees. This refers to creative workers, media workers and other employees listed in Article 113 of the Labor Code of the Russian Federation and approved by.
Such rules are established in the Labor Code of the Russian Federation.
Nina Kovyazina,
Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health
7. Answer: What is the working day of a part-time worker?
As a rule, working hours for part-time workers cannot exceed four hours a day (). But if an employee is free from his main job (on any day), then he can work part-time on that day full time. However, during one month (another accounting period), the duration of work of a part-time worker should not exceed half of the standard working time for a month (another accounting period) established for the corresponding category of employees. Such restrictions are established by Article 284 of the Labor Code of the Russian Federation.
Restrictions on the duration of part-time working hours do not need to be observed if, at the employee’s main place of work:
- suspended work due to delay in payment of his salary ();
- suspended from work for health reasons with retention of position for a period of up to four months in cases provided for in Article 73 of the Labor Code of the Russian Federation;
- is the head, his deputy, the chief accountant of the organization (separate division) and is removed for health reasons while retaining his position in the case provided for in Article 73 of the Labor Code of the Russian Federation.
This is stated in Article 284 of the Labor Code of the Russian Federation.
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