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Published: 06/03/2018
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A watchman or watchman hired must be registered in accordance with all the rules of the Labor Code.
But since such work involves alternating shifts, which means the work schedule is different from the general one, the contract is drawn up with some nuances.
- Cases of imprisonment
- Document function
- Document structure
- Who does it?
- Nuances
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The legislative framework
The legislation provides guarantees in the field of employment for enterprises that hire employees.
There are professions that require special attention. While performing their duties, people go on night shifts and perform tasks overtime, as part of irregular working hours. The working relationship between the head of the organization and the future employee who wants to find a job is regulated by the Labor Code. Chapter 11 (Articles 63-71) is devoted to the norms and standards for admitting a person to an organization on official grounds.
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Taking into account the fact that the watchman is responsible for the safety of property and is financially responsible in the event of theft or damage to property, there is no opportunity to leave the workplace during the shift. The legislation provides for this point in Article 108 of the Labor Code.
If production conditions do not allow an employee to have a break for rest and eating, the employer provides him with this right during working hours in accordance with the internal labor regulations.
Employment contract for a watchman in two days
Usually days off are provided in a row (part two of Article 111 of the Labor Code of the Russian Federation). But this is not a mandatory requirement. The main thing is that the duration of weekly uninterrupted rest is at least 42 hours (Article 110 of the Labor Code of the Russian Federation).
These include watchmen, drivers, watchmen, operators in boiler rooms, etc. We will tell you in the article how to properly organize and formalize the introduction of such accounting in an institution and how to calculate wages for these employees. In 2020, in the 1st quarter according to the production calendar, the standard hours per quarter are 446 hours. Each watchman must work 446 hours.
Types of working hours for workers in the Russian Federation for 2020:
- Standard 5\2, 8 hours every day, excluding weekends (Saturday, Sunday). Usually the working day begins at 9 or 10 am, respectively, ends at 6 or 5 pm, leaving the dark time of the day free for entertainment.
- 2\2 – the work schedule here is shifted, and the weekend is not Saturday-Sunday, but any two days of the week after 2 days of work. During this schedule, work hours increase from 8-9 to 11-12, making work a little more difficult, but reducing the wait for weekends. This system is not the main one, it is not very convenient for people with families, because often the spouses’ schedules do not coincide.
- Flexible schedule. Here the system is divided into 3 more types according to working hours: a person works the hours that he should have worked in a day; completes hours that should have been completed weeks ago; rents out watches for a month of full-time work. Typically, a flexible schedule is based on the Standard System norm (5\2) and is perfect for night owls who can work, for example, at night and get a good night's sleep in the morning.
- Part-time employment. This schedule assumes that a person will work half as much as under the Standard schedule (5\2): either it will be reduced days per week (3 days a week for 8 hours), or it will be a shortened day (5\2, but for 3-4 hours). Young mothers often start working part-time after maternity leave or during maternity leave.
- 1\2 – one by two. On the territory of the Russian Federation, this schedule is not entirely regulated by the Labor Code, however, it exists in some types of activities. Let's talk about this.
In the employment contract, an employee working on such a schedule has standard working hours. He works the same hours as his colleagues. The difference here is the variable opening hours.
When starting a new job, carefully monitor your work schedule. If it does not comply, contact the court for the protection of labor rights.
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When starting a new job, carefully monitor your work schedule. If it does not comply, contact the court for the protection of labor rights.
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In accordance with the terms of the Agreement, the Employee undertakes to personally perform his job duties in accordance with the Agreement and the Job Description (Appendix No. to the Agreement), which is an integral part of the Agreement, and to comply with the internal labor regulations in force at the Employer.
I work as a watchman at a state-owned enterprise. I'll be on duty in three days. please tell me if I can work under a contract.
However, it should be communicated to employees in advance so that they know when to go to work, so you can focus on a month-long familiarization period.
Work is also organized for security guards, watchmen, and watchmen. Contract work · Dispute settlement, going to court, arbitration practice · Rent. (fixed in the employment contract) or at least two. If the employee works in the “every two days” mode.
An employee may be granted additional annual paid leave, the duration of which is determined in accordance with the collective agreement and internal labor regulations.
Employment contract with a watchman: how to avoid mistakes{q}
The watchman's profession has some characteristic features that must be taken into account when hiring such an employee:
- The requirement to conclude an employment contract when hiring applies to a watchman, as well as to a representative of any other profession. This standard instruction in this case also fully corresponds to the interests of the employer: the Labor Code allows work without registration for three days (Article 67 of the Labor Code of the Russian Federation), but in the case of a watchman, it is better to complete all documents immediately. No one is immune from troubles and there is no guarantee that an emergency will not occur on the first shift of an unregistered employee, which will significantly complicate subsequent compensation for losses.
- To ensure the safety of the entrusted property, the employee must remain in his place at all times. This factor does not allow the employer to provide the watchman with the opportunity to take a lunch break, unlike other employees. In this regard, it is necessary to provide the employee with the opportunity to eat and rest without leaving the workplace (Article 108 of the Labor Code of the Russian Federation). In this case, the lunch break is included in working hours and is subject to payment.
- Often during the daytime there is no need for the services of a watchman, and employees are hired specifically to work at night. In addition, on holidays the need to preserve property does not disappear, so it is worth paying attention to the operating hours and the corresponding surcharges.
- The functions of a watchman may not be limited to a specific workplace, but may include walking around the entrusted territory. In this case, it makes sense to spell out the location address in detail in the contract and specifically indicate the boundaries of the facility for which the watchman is responsible: firstly, this gives the employee a clear understanding of his area of responsibility, and secondly, it will be useful in case of disagreements regarding the proper performance of employees responsibilities. For the same reason, it is advisable to indicate the frequency of walking around the territory.
- According to the List of professions of workers, positions of employees for which vocational training is carried out, approved by Order of the Ministry of Education and Science of Russia dated 07/02/2013 No. 513, watchman (watchman) refers to the professions for which vocational training is carried out. In this regard, the employer should undertake training in the event of hiring an untrained employee. If such training is paid for by the employer, the employee may be required to work for a certain period of time after training at this place (paragraph 5, part 4, article 57 of the Labor Code of the Russian Federation). This condition must be specified in the employment contract.
- It is very important not to confuse a watchman with a security guard. Only specially trained employees who are subject to the Law of the Russian Federation of March 11, 1992 No. 2487-1 “On private detective and security activities in the Russian Federation” can and should come into direct contact with intruders, use physical force or special means, so it is worth clearly limiting list of responsibilities of the guard in the contract.
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SNT "Liteyshchik"
Contract with the guard, job description
Contract with the watchman
Moscow region, ____________ district, _________ village, SNT “_________”
from ___ ____________20__
Horticultural non-profit partnership “_________”, represented by the Chairman of the Board Ivanov I.I., acting on the basis of the Charter, hereinafter referred to as “Employer”, on the one hand, and _____________________________________, hereinafter referred to as “Employee”, on the other hand, and together referred to as “ The Parties have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this civil law agreement, the Employee undertakes to perform the duties of a watchman at SNT “_________” in accordance with the Job Description of a watchman at SNT “_________” (Appendix No. 1), located at the address: Moscow region, ___________________ district, _______ village, near the village. ____________, and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.2. The employment contract was concluded for the period from 01/01/2013 to 12/31/2013.
1.3. The employee is required to start work on January 1, 2013.
1.4. If you continue to perform your duties after the expiration of the contract, the contract is automatically extended for a new period, but not more than three years.
2. Rights and Obligations of the parties
2.1. The employee has the right to:
- providing him with work stipulated by this agreement;
— payment of remuneration in the amount and in the manner provided for in this agreement;
- rest;
— complete, reliable information about working conditions and labor protection requirements;
— protection of one’s labor rights, freedoms and legitimate interests by all means not prohibited by law;
- compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;
— compulsory social insurance.
2.2. The employee is obliged:
— conscientiously fulfill their labor duties;
— maintain labor discipline;
- treat the property of the Employer and other employees with care.
2.3. The employer has the right:
— encourage the Employee for conscientious, effective work;
— demand from the Employee the performance of labor duties and careful attitude towards the property of the Employer and other employees, compliance with labor discipline;
— bring the Employee to disciplinary and financial liability in the manner established by the Labor Code and other federal laws;
2.4. The employer is obliged:
— comply with civil and labor legislation and other regulatory legal acts containing labor law norms;
— provide the Employee with the work stipulated by this Agreement;
— ensure safety and working conditions that comply with state regulatory requirements for labor protection;
— provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;
— pay the full amount of remuneration due to the Employee within the time limits established by this agreement;
— introduce the Employee, against signature, to the adopted local regulations,
directly related to his work activity;
— provide for the Employee’s everyday needs related to the performance of his job duties;
— carry out compulsory social insurance of the Employee in the manner established by federal laws;
— compensate for damage caused to the Employee in connection with his performance of labor
obligations, as well as compensation for moral damage in the manner and under the conditions established by the current legislation of the Russian Federation;
2.5. The parties have other rights and perform other obligations provided for by current labor legislation.
3. Working time and rest time
3.1. The employee performs work in accordance with the schedule: _________________________
3.2. The duration of the Employee's daily shift is 12 hours.
3.3. The Employee's rest period between shifts is 12 hours.
3.4. The employee is granted annual paid leave of
28 calendar days.
3.5. An employee may be granted leave without pay in accordance with current labor legislation.
4. Terms of payment
4.1. The employee is paid a salary of ________________________________
4.3. During the period of validity of this agreement, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.
5. Responsibility of the Parties
5.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.
5.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.
6. Final provisions
6.1. Disputes between the Parties arising during the execution of this agreement are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.
6.2. In all other respects that are not provided for in this agreement, the Parties are guided by the legislation of the Russian Federation governing labor relations.
6.3. The agreement is concluded in writing, drawn up in two copies, each of which has equal legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.
6.4. This agreement may be terminated on the grounds provided for by current labor legislation.
7. Details and signatures of the Parties
Employer: SNT “_________” INN 111111111
Chairman of the Board of SNT "_________" ___________ Ivanov I.I.
Worker: ______________________________________________________________
(FULL NAME.)
passport: series _______________________, N __________________________________
issued _________________________________ “___” ___________ 20 __
department code ________________________________
registered at:_________________________________________________
signature _______________________
Appendix No. 1
Job description of the SNT watchman “_________”
1. General Provisions. 1.1. The watchman reports directly to the chairman of the SNT “_________” 1.2. The watchman is appointed and dismissed by the chairman of SNT “_________”, in agreement with the members of the board.
2. Requirements. 2.1. Persons at least 18 years of age who have undergone introductory training and instruction on labor safety in the workplace are allowed to work as a watchman. 2.2. The watchman must know:
Boundaries of the protected object. Telephone numbers of the duty officer at the police department, fire department, hospital.
3. Job responsibilities.
3.1. Entrance gates must always be locked. Gardeners independently open and close the gates with their own key. The watchman must ensure that the gate is always closed. Do not let through gardeners who do not have a key if they have debts to SNT “_________”. The list is provided by the chairman. 3.2. Always have a working mobile phone with you. 3.3. Freight transport and tractors should only be allowed through upon the owner’s request, indicating the site number (with an entry in the record book). 3.4. Do not allow cars like “Gazelle”, “Sobol” and passenger vehicles engaged in trade, collection of scrap metal, etc., to pass without the accompaniment of the interested owner of the site or the permission of the chairman of the PSK. 3.5. If a fire occurs at the facility, notify the fire brigade, report the incident to the duty officer at the police department, and open the gate to the relevant services. 3.6. In winter, clear the snow from the area in front of the gatehouse, the pedestrian path to the gate, and also near the gate. 3.7. Maintain cleanliness and order around the gatehouse. 3.8. The watchman must report to the manager about all identified violations and shortcomings in connection with the work performed. 3.9. Make an internal walk around the protected area at least three times a day. In cases of detection of broken doors, windows, walls, locks, immediately inform the owner of the site, and, if necessary, the officer on duty at the police department. In this case, protect traces of the crime until the police arrive. 3.10. Turn street lighting on and off in a timely manner. 3.11. While walking around, pay attention to the condition of the perimeter fence. 3.12. During the period between rounds he stays in the guardhouse.
4. Rights.
4.1. The watchman has the right to use the gatehouse and provide electricity (to the extent of the established limit) at the expense of SNT. 4.2. The watchman has the right to use the land near the gatehouse (for planting a vegetable garden). 4.3. The watchman has the right to interact with members of the board and the chairman of the board on issues within his functional responsibilities. 4.4. The watchman has the right to familiarize himself with draft decisions of the board relating to his direct responsibilities. 4.5. The watchman has the right to submit proposals for improvement of work related to the duties provided for in this Job Description for consideration by the chairman of the board.
5. Responsibility. 5.1. The watchman is responsible for improper performance or failure to fulfill his job duties provided for in this Job Description, within the limits determined by the labor legislation of the Russian Federation. 5.2. The watchman is responsible for violating the rules and regulations governing the activities of SNT. 5.3. Upon dismissal from office, the Watchman is responsible for the proper and timely delivery of affairs and property to the person taking up the present position, and in the absence of one, to the person replacing him or directly to the chairman of the board. 5.4. The watchman is responsible for offenses committed in the course of his activities, within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation. 5.5. The watchman is responsible for causing material damage to the property of SNT within the limits determined by the current labor and civil legislation of the Russian Federation. 5.6. The watchman is responsible for violating internal regulations, safety regulations and fire safety regulations.
Employment contract with a watchman in 2020 - sample, schools, hours, night
The employer decides which accounting period to set depending on its convenience and the specific situation. As for the shift schedule, it is also worth considering several nuances:
- The work schedule can be any, subject to the condition of having the required rest for 42 hours. This is a weekly period of continuous rest provided for by the legislator (Article 110 of the Labor Code of the Russian Federation).
- The watchman’s work schedule must be drawn up so that the total amount of time worked during the accounting period does not exceed the norm. In this regard, the employer should correctly calculate the duration of work and the required number of employees. For example, to ensure round-the-clock monitoring of a facility, at least four guards will be required - in this case, constructing work schedules that do not contradict the requirements of labor legislation is quite possible.
- The contract must reflect the terms of payment for work at night and on non-working holidays. In accordance with the requirements of the law, such work is paid at an increased rate and it is worth paying attention to this in order to prevent violation of the employee’s rights and the corresponding sanctions from regulatory authorities in relation to the employing organization.
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Or on the website. It's fast and free! Author rating 38Author of the article Pavel Myasnikov Lawyer Articles written 225>Employment contract with a watchman
Watchman is a profession that requires special knowledge, skills and abilities that are necessary to ensure the protection of property at any time. At every enterprise where there are valuables, documents, objects of property, a rate has been allocated for this position, an employee is hired. He acts in accordance with his job description, which is issued against signature.
He has the right to apply remedies, but provided that this does not contradict the law. In the event of an encroachment, he is obliged to neutralize the threat to ensure the safety of property.
The difficulty of this profession is the risk of an unsafe situation for life and health, irregular work schedule (night shifts or alternating day and night working hours).
A watchman or watchman who is hired must be registered in accordance with all the rules of the Labor Code.
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.
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.
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.
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The Employee has the right, if necessary or in agreement with the Employer, to use personal property for official purposes (to perform his job function and/or certain instructions of the Employer). For such use of personal property, the Employer pays the Employee monetary compensation. 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.
A company or individual entrepreneur has the right to use a standard form of an employment contract with an employee or develop a document independently. The article contains standard forms and samples for 2020, which can be downloaded for free. The employee performs work in accordance with the shift schedule approved by the Employer. The shift schedule is drawn up taking into account the requirement of labor legislation to provide the Employee with continuous rest of at least 42 hours.
Provisions that should be included in an employment contract with a watchman
First of all, when concluding a contract, it is necessary to clearly define the duties of the guard. You can do this in two ways:
- specify responsibilities in the employment contract;
- familiarize yourself with the job description against signature.
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If it is necessary to establish financial liability for an organization’s watchman, you can also do so in two ways:
- write down such a prospect in the employment contract - otherwise, the employee may subsequently refuse to enter into an agreement on financial liability;
- insert a liability clause into the employment contract or job description without preparing it as a separate document.
Responsibility for entrusted values
In the process of carrying out his functional duties, a guard may either have access to material assets (for example, when guarding a warehouse) or not have it.
If the watchman works directly at the facility where material assets are stored and has unlimited access to them, it is advisable to make notifications in the contract about partial financial liability.
It is permissible not to include this information in the contract, limiting it to handing over the job description against signature and concluding a separate agreement on financial liability.
A little higher, we said that the watchman may be assigned partial financial responsibility. It is partial, and not complete, which is directly provided for by Resolution No. 85 of the Ministry of Labor of the Russian Federation. In accordance with this Resolution, it is prohibited to assign full financial responsibility to the watchman.
As part of partial financial liability, the watchman compensates losses to the employer within the limits of a monthly salary (Article 241 of the Labor Code of the Russian Federation).
Sample document
The document is drawn up by an employee of the HR department, who is responsible for maintaining the personal files of employees and all organizational measures relating to their work activities. If the enterprise is small in scale and there is no personnel department as one of the links in the system, this responsibility is assigned to the secretary.
Social guarantees and protection of the parties are provided if all the required features and clauses are taken into account in the contract. The structure of the document depends on the working conditions, the nature of the activity; there are mandatory and additional sections (see table).
Mandatory provisions | Additional items |
|
|
When hiring a guard, his physical condition is taken into account; additional health certificates may be required depending on the working conditions.
Each enterprise uses standard samples, but with the addition of items related to a specific organization, depending on the working conditions, its nature, salary, social guarantees, and the specifics of the activity.
Document structure
The form of the agreement must comply with the norm of Article 57 of the Labor Code. It must include:
- information about the employer (TIN, OGRN, address);
- about the signatory (full name and basis of authority: charter or power of attorney);
- information about the employee (full name, address, passport details);
- mandatory conditions (listed in article 57);
- additional conditions (probationary period, additional insurance, specified place of work: site address);
- signatures;
- line of familiarization with LNA;
- a receipt for receiving a copy of the agreement.
There are no differences in drawing up an agreement on behalf of a commercial company, school, non-profit partnership (SNT, for example) or other organization and individual; they can only differ in the form of the form.
Some managers oblige HR officers to include all available conditions in the contract, believing that the larger the volume, the more significant the document.
And some include only mandatory conditions in the document.
You can include job responsibilities in the contract, but you can make a reference to the job description. In this case, the instructions will be an appendix to the contract.
The procedure for drawing up an agreement with a watchman
A document issued by an enterprise must have legal force in the event of a dispute if controversial issues arise between the parties. This is ensured by following the procedure for drawing up the contract:
- it is issued in printed form in 2 copies, the employee, upon receipt of his, confirms the fact of familiarization with the document with his signature
the presence of grammatical, punctuation, stylistic errors is excluded- the form meets the requirements, margins are left, top and bottom 20 millimeters from the edge, right margins are 10, paper color is white
- if the document is made up of more than 2 pages, numbering is required, starting from 2
- the contract contains the signatures of both parties, as well as the seal of the company
Sample employment contract with a watchman - how to draw it up correctly, design features
An employment contract with a 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.
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 workers.
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).
Very often, when concluding an agreement with a watchman, some educational institutions want the watchman to work as a watchman during the daytime.
In such cases, a floating schedule is drawn up taking into account working hours. An employment contract form is available.
We suggest you read: How to change the terms of an employment contract
The janitor's responsibilities 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 swearing. 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.
What you need to know
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Business lawyer > Labor law > Sample employment contract with a watchman - rules for drafting
Every employer is obliged to draw up an employment contract with a watchman according to the sample, following the rules of registration. The social status of the employee depends on the completeness of its content and literacy, his guarantees are taken into account, and much more.
Basic information
Before concluding a contract, the employer needs to decide for what purposes he is hiring a watchman.
We invite you to familiarize yourself with the organization laying off two leading specialists and there are five of them on staff
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.
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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.
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 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.
Features of the contract with the school guard
What you need to know
The difference between a fixed-term contract and an open-ended one is that it establishes a validity period. Its preparation is practiced when watchmen are employed temporarily due to the peculiarities of the functioning of the enterprise. If, at the end of the contract, a decision is made that the protection of the object is necessary for another period, the parties have the right to extend it in accordance with Article 72 of the Labor Code. All other points regarding rights and obligations and responsibilities remain the same.
In educational institutions, the position of a guard is mandatory, since the building contains machinery and equipment purchased from the state budget. Many schools prefer to enter into a double standard contract with the applicant. At night he is a watchman, during the day he is a watchman.
Specifics of work and nuances
“Watchman’s work schedule (indicate full name) 2 through 2.” In such cases, it is necessary to take into account the maximum allowed 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.
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.
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.”
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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.
Employment contract with a shift schedule
A shift schedule requires a separate clause in the agreement that establishes the work schedule in days or hours. Accordingly, the daily salary is calculated depending on the time worked, not shifts. The accountant adds up the work period from the 1st to the 15th of the month, then from the 15th to the 30th or 31st, and receives a fixed amount. If the contract does not contain this provision, the employer has the right to develop a separate additional agreement.
According to Article 77 of the Labor Code, the salary does not apply to non-working days, even if they are weekdays.
Employment contract with probationary period
The relationship between the enterprise and the watchman, subject to a probationary period, is regulated by Article 70 of the Labor Code. The employer has the right to include this clause in the contract if he wants to see whether the employee’s skills correspond to the declared qualities in practice over a period of several months. If this provision is not in the contract, it is considered that the probationary period has not been established. It cannot exceed 3 months, after which the manager decides whether he will continue cooperation with the candidate for the position.