Is it possible to employ a director as a specialist on security activity simultaneously?
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There is often a problem in appointing a director-specialist when submitting documents on license for private security firm in Ukraine. The fact is that the licensing department requires the presence of an employment contract (or entry in employment record book) on the appointment of an employee to the position of specialist on security organization in the package of documents. If a director holds the position of a specialist on the basis of supplemental job, an employment contract can not be concluded. In fact, it should be an agreement between an employer and an employee, and in this case, the former is the director. Furthermore, in accordance with Subsection 1.1 of the Instructions on the procedure for maintaining employment record books for employees, approved by the Order of the Ministry of Labor of Ukraine, Ministry of Justice of Ukraine, Ministry of Social Protection of the Population of Ukraine number 58, dated July 29, 1993 employment record books are maintained only at the place of main work for employees, who work on the basis of supplemental job.
What do the licensing conditions offer to solve the problem?
In Subsection 2 of Section 6 of the Licensing Conditions for the implementation of security activities is stated that in order to affirm compliance with the conditions of engaging employees, who are involved in the implementation of security measures, it is necessary to submit a copy of the employment contract or an extract from the employment record book of a person, certified by a business entity.
The only option, which complies with the provisions of the license conditions, is to conclude an employment contract between a founder and an employee, who is appointed to the position of a director with the assignment of the duties of a specialist in the implementation of security measures.
Since the director represents the interests of a security company, he is authorized to appoint employees to the positions, conclude employment contracts and make an entry in an employment record book of an employee. However, if he performs his duties as a specialist on the basis of a supplemental job, there will be no need for an appointment, as well as an entry in an employment record book.
Faced with a frequent problem and analyzed the legislation, it can be concluded that the licensing conditions have a gap. It concerns persons, who at the same time hold the position of a director and carry out duties of a specialist in the implementation of security measures. In order to resolve this inconsistency, the licensing department proposes to conclude an employment contract between a founder and a director of a security company on the appointment of the director to the position of a specialist in the implementation of security measures.