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Legal obligations: which ones are incumbent on the employer?
The employer has legal obligations towards the employee:
Provide remuneration in return for work performed
The payment of remuneration and the delivery of a compliant payslip are obligations arising from the signing of the employment contract binding the employer to the employee. The remuneration of security guards cannot be lower than the conventional minimum wage ( which must not be lower than the legal minimum wage ) of the CCN for prevention and security guard companies if they work in a service company specializing in private security.
The employer ensures that security guards are trained in such a way as to promote their continued employment (safety instructions, video surveillance equipment, etc.). To be able to renew his professional card, the security officer must complete an internship. The certificate of follow-up of a training course to maintain and update skills (MAC), must be attached to the application for renewal of the professional card.
The professional development interview
This periodic point is mandatory. It must relate to the employee’s professional development prospects and be organized every two years.
Ensure the employee has the means necessary for his mission
the employer is required to provide the security officer with all the means necessary for the performance of his work in the best conditions. For example, a security officer holding a professional card from the CNAPS must also hold a professional card specific to the company. Depending on the type of activity, the employee may be provided with a uniform, communication equipment, and personal protective equipment (bulletproof vest, etc.).
Health/safety at work
the employer must guarantee the physical safety of his employee but also protect him against the risks to which he may be exposed in the course of his activities. The profession of security guard presents significant physical risks due to the risk of aggression during interventions. Staggered hours, night work, isolated work, and stress, are all psychosocial risks inherent in the field of private security. It is desirable to set up a regular psychological follow-up.
How to establish the payslip of a security officer on an apprenticeship contract?
The training of the security guard can be carried out by way of apprenticeship. The student completes his work-study training in a company, under the responsibility of his apprenticeship master, and in a CFA.
To hire an apprentice, an apprenticeship contract must be concluded between the apprentice, the employer, and the Apprentice Training Center (CFA).
The apprentice is paid throughout his training and must receive a payslip. Attention, his remuneration is regulated by law and depends cumulatively:
- the age category to which the apprentice belongs;
- the year of execution of the contract;
- the calculation base: the hourly minimum wage for the current year.
There are aids for recruiting apprentices:
- exemptions from contributions and social security contributions: the apprenticeship contract is exempt within the limit of 79% of the minimum wage;
- financial aid: under certain conditions like Gated Community Security, the employer can benefit from the single aid scheme.
How to draw up the payslip of a security guard on a professional training contract?
Under certain conditions, it is possible to hire a security guard via a professionalization contract.
The professionalization contract is concluded between the employer and an employee who meets specific criteria. This contract is then transmitted within 5 days to the OPCO of the professional branch on which the company depends. The training is carried out alternately in the company and in a training center. In a company, the work-study student is placed under the responsibility of an expressly designated tutor.
The professionalization contract can be concluded by:
- CDI: for a period of 6 to 12 months and up to 24 months in certain specific cases. Then the contract continues under the conditions of a classic CDI;
- or CDD: for a period of 6 to 12 months and up to 36 months in specific cases. At the end of this period, the contract is terminated and the employee leaves the company.
The work-study student is obligatorily paid throughout his training. He must receive a payslip. Attention, the setting of the amount of remuneration is not free. Indeed, the remuneration of a security officer under a professionalization contract is governed by legislation. It is calculated on the basis of a percentage of the SMIC and varies according to:
- the age category;
- the qualification of the employee.
There are aids for recruiting work-study trainees on a professionalization contract:
- Deduction of benefits in kind: from the salary of the work-study student up to 75% of the deductions authorized for other employees;
- Exemptions from social security contributions as part of the extended general reduction in contributions;
- Aid for hiring a job seeker on a professional training contract (this aid is exempt from social security contributions and CSG/CRDS);
- AFE paid by Pôle Emploi: for the recruitment of a jobseeker aged 26 and over (2000€ maximum);
- Aid paid by the State (cumulative with Pôle Emploi aid): for the recruitment of a jobseeker aged 45 and over (2000€ maximum).
By Iron Guard
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