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Men’sMaterial:
Neoprene with HD2 foamBenefit:
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STX
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What rights and obligations do security guards have in a private security company
Security
000Z” itemprop=”datePublished”> 15.03.23
I’m sure it’s not a secret for you that PSC , as a rule, are former police officers who have similar work experience, but suffer from a chronic personality disorder called “watchman syndrome” or “little man syndrome” because of this experience. It is this chronic disease that gives them the right to violate our rights at an enterprise with an intra-object access control.
I am annoyed by their obsessive desire to look into my bag – both when entering and exiting – just because they feel like it. Allegedly, this is regulated by an internal procedure that obliges me to open the bag and show its contents. But this can be regarded as an invasion of privacy.
To what extent I am right and how can I make it clear to the Chopovite that tomorrow it would be better for him to turn away when I enter the territory of the enterprise?
Thanks in advance.
Alexander P.
Any action of employees of PSC is regulated by job descriptions and internal orders. And by no means always examining the contents of bags is an excess of the authority of a security officer.
Dmitry Sergeev
security specialist
Author profile
Check the employment contract
You write that you work at an enterprise with access control. To find out whether the guards exceed their powers or not, you need to look not only at their instructions, but also at the regulatory documents that regulate your relationship with the employer, namely the employment contract. It is quite possible that there is a clause in the contract with the employer that allows the guards to control the contents of your bag every day.
The contract is voluntary. If you signed it in this form, there can be no grounds for claims against the guards.
The terms of an employment contract, contract, internal labor regulations may provide for sanctions for failure to comply with security requirements. An employment contract cannot oblige you to undergo a daily inspection: this is illegal. But for refusal, you can, for example, not be allowed to work or simply not be allowed to enter the territory of the enterprise. This is by law.
Such conditions must be provided for in the employment contract concluded between you and the employer, or in the requirements of the internal labor regulations.
An amazing story 25.04.18
The contract for the provision of services may be recognized as an employment contract
It is possible that the actions of employees of PSC are not related to the “little man syndrome”, but to the requirements of the employment contract and their internal instructions. But it is difficult to talk about this without regulatory documents in front of your eyes.
This is not an invasion of privacy, but the protection of commercial interests
Asking to show bags at the exit is far from the most exotic I have ever encountered. For example, if an organization works with information containing state secrets, security officers may offer to hand over a cell phone at the entrance, and return it only after leaving the premises. You can refuse, they won’t take your phone by force, but you won’t be allowed into the office either.
What to do? 08/15/18
Employer asks to take a lie detector test
And in organizations associated with gold mining and processing, they may offer to remove your clothes and change into work overalls without pockets. This is permissible – if the employee has agreed in writing to comply with such requirements.
This will not be considered an invasion of privacy if such conditions are specified in the contract between the employee and the employer. The employer thus protects its commercial interests. If you do not agree to comply with its requirements, you can refuse to cooperate or agree with the employer that other working conditions apply to you.
What an employee of a private security company can do
According to the law, a private security guard located at the entrance of an enterprise has the right:
- Protect the life and health of citizens if the enterprise is attacked.
- Protect the facility and property of the owner of the enterprise.
- Provide internal and access control.
- Provide assistance to law enforcement agencies in maintaining law and order, including in places where security services are provided and in the territories adjacent to them.
st. 3 of the law “On private detective and security activities in the Russian Federation”
In your case, employees of PSC refer to the provision of internal and access control. The procedure for its organization is established by article 12.1 of the law “On private detective and security activities in RF “. It says that private security guards can check documents giving the right to enter, inspect vehicles and property. There is an important caveat: the rules that the owner of the enterprise has established must not contradict the law.
What is the difference between inspection and inspection
Inspection is a visual examination of a person, the contents of his pockets, bag, car interior, carried out with the consent of the person being examined. The person conducting the inspection can only look – he cannot touch either the person being examined or his things. You can’t put your hand in your pocket or bag to see what’s in there – you can ask to see what’s in there. The inspection can also be carried out by employees of private security company . But there is a condition: the person being examined must agree to this.
Documentation of the inspection is not required, a protocol does not need to be drawn up.
Search is a measure of coercion. The requirements for its implementation are prescribed by law. An employee of a private security company does not have the right to conduct an inspection. It can only be conducted by an employee of authorized state bodies in the presence of two witnesses or with the use of video recording. The law allows searches without witnesses, but only in one case: if the police officers have reason to believe that the person they are searching is armed.
Based on the results of the inspection, a protocol is mandatory.
Art. 27.7 of the Code of Administrative Offenses of the Russian Federation
Art. 27.9 of the Code of Administrative Offenses of the Russian Federation
The law here establishes uniform requirements for everyone: for police officers, and for guards at the checkpoint, and for security officers in supermarkets.
If a security guard in, say, a store determines that there is some kind of offense, he can call the police. And only a policeman, if he sees grounds for it, can already conduct an inspection.
State Traffic Inspectorate: Differences between Inspection and Vehicle Inspection Procedures
What about inspections in the metro, shopping malls, clubs and bars? It is legal?
Legal – but only with your consent. You do not have an employment relationship with the security of the club, metro or trading floor. An employee of PSC cannot require you to turn out your pockets or show your bag, even if it seemed to him that you had committed an illegal act. He has no right to force you.
The guard may ask you to voluntarily show the contents of your bag or pockets. You have the right to refuse – but in this case, the guards may call the police. If police officers see a reason for an inspection or inspection, they will conduct it on their own.
What to do? 09/13/18
Is face control legal at all?
But there is one more thing to consider. If in a shopping center security mainly takes care of the goods on the shelves, then during inspections, for example, in the metro, employees PSC cares about the safety of all citizens in general. Such security measures did not appear out of nowhere, but after the terrorist attacks, and in this case, in my opinion, inconveniences should be treated with understanding.
What about coronavirus restrictions?
If the coronavirus restrictions are set by state or federal laws, the security guard has the right to enforce them, but cannot enforce or sanction violations.
What to do? 25.05.20
Can a fine be issued for not wearing a mask? The shopping center security guard has every right to restrict access to the center if the local authorities have decided to suspend its work. The security guard may require visitors to visit the shopping center in masks – if the high alert regime implies such restrictions.
To a restaurant using a QR code: is it legal?
The guard cannot fine, detain and search those who try to pass without a mask. If citizens do not comply with his requirements, the police will have to be called.
What to do? 03/22/19
Are fines on private property legal?
Finally
My conclusions are as follows:
- If the inspection at checkpoint is prescribed in your employment contract, there is no violation of civil rights here.
- In other cases, you can refuse to undergo an examination, and you do not need to explain the reasons for the refusal.
- They do not have the right to examine you by force, but they can apply disciplinary measures, for example, not to allow you to work.
If you have a question about personal finance, rights and laws, health, or education, please email. The most interesting questions will be answered by the experts of the magazine.
Ask a question
What is a security guard legally entitled to do and what not? | Security | Society
Maria Voluyskaya
Estimated reading time: 6 minutes
57127
Category:
Security
Each of us encounters security guards almost daily: in offices, grocery stores, shopping centers, banks, theaters, etc. As a rule, employees of private security companies (PSCs) are responsible for guarding such objects. Their rights and obligations are enshrined in the relevant law “On Private Detective and Security Activities in the Russian Federation”. But it applies only to employees of licensed private security companies who wear a special uniform and have certificates. If a person wears a security badge, but the store hired him “from the street”, he does not have special powers that distinguish him from ordinary citizens.
What rights do guards have?
The powers of private security guards are limited by the duties of protecting objects and property, ensuring internal and access control, protecting the life and health of citizens.
Art. 12.1 of the Law “On Private Detective and Security Activities in the Russian Federation”, in accordance with the contract for the provision of security services, employees of private security companies, while ensuring intra-object and access control, have the right to:
Can a store security guard demand to put things in a storage room?
Store guards may not require visitors to leave personal belongings in a storage room or pack them in a bag. Also, they cannot block the entrance to the store if a person refuses to comply with such requirements.
In the event of a violation, the security guard should be reminded that it is illegal to force customers to enter into an agreement to store personal belongings in the store’s storage room. If he continues to prevent access to the store with personal belongings, you should ask him to invite the administrator of the institution and find out on what basis the employee is acting. If you are told that the security guard acts in accordance with the internal instructions of the store, this is not an argument, since local acts cannot contradict the law.
For the same reasons, a security guard cannot demand from shop visitors to take a basket and forbid putting goods into their package or bag before paying for them.
Does an employee have the right to inspect personal belongings?
Art. 12 of the Law “On Private Detective and Security Activities in the Russian Federation” states that an employee can detain a citizen if he has committed an unlawful encroachment on protected property. In this case, the detainee must be immediately handed over to the police.
If a security guard suspects a customer of a theft, such as an alarm being triggered or seeing a person place an item in a pocket or bag, the employee may ask the customer to show personal belongings. However, the latter has every right to refuse.
If the buyer agrees, the PSC employee can only conduct a visual inspection of things in the presence of the owner. He has no right to touch them, take out the contents of the bag, turn out his pockets, because this is an inspection. According to the law, only police officers have the right to inspect things in the presence of at least two witnesses and with a protocol being drawn up.
If it turns out that the visitor has stolen something, or he refuses to show the bag to the guard, the PSC employee can call the police and detain the person until she arrives.
Can a guard forcibly detain a thief?
The law allows guards to use physical force, as well as special means (baton, handcuffs) and weapons in self-defense, to protect visitors to the institution and in order to prevent crime. Meanwhile, the actions of a private security company employee must be commensurate with the damage from which he tried to save the protected object. If he uses physical aggression in the case of a small theft in a grocery store and the case goes to court, the court may consider the actions of the guard as abuse of power. And for this, a real term may threaten.
Is it legal for a security guard to take photos or videos on the sales floor?
No, a security guard cannot prevent a person from taking pictures of goods or price tags, or taking pictures in a store. If he says that such a ban is spelled out in the rules of the store, he violates the Constitution of the Russian Federation. It gives citizens the right to freely seek, receive, transmit, produce and distribute information in any legal way.
Can a security guard ask for a passport at the entrance to an office building?
At some checkpoints, such as office buildings, security guards may ask visitors to provide a passport, as well as rewrite the data of the document in the visit log. As a rule, this applies to people who do not work in these institutions and, accordingly, do not have a pass card.
The actions of a security guard are legal if they are mentioned in his job description and the management has included him in the list of employees who have the right to process personal data of guests. Meanwhile, visitors can refuse to provide the employee with their personal data, but in this case, he also has the right not to let a person into the building.
Where can I complain about the illegal actions of a security guard?
If a security guard has violated any right of a visitor, he can complain directly to his employer – the management of the security company – to the police, the prosecutor’s office or file a lawsuit. In a court of law, an employee of a private security company who has exceeded his authority can recover compensation for moral damage.
Need to collect evidence of violation of rights. This can be the testimony of witnesses, a certificate from a medical institution about bodily harm, a video recording, etc. At the time of the violation, the visitor can film what is happening on the camera. The Civil Code allows you to film a person (in this case, a security guard) in public places without his consent, if he is not the main subject of the shooting. It is also permitted if the video is being filmed for use as evidence in court.
Private Security Guard Legislation of the Russian Federation
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