Dear Seniors,
We have three security guards who are taken through contract labourers. they have nearly going to complete one year. as per contract law, an employee who has worked for 240 days can claim to be permanenet. In that case we will have to change the security guards. But as they are sincere and efficient we dont want to remove them, but want to show on papers that they were not continuously working with us. how do we have handle this problemm.
Also these security guards are fixed for wages Rs 3500/- for 31 days, the contractor is telling that if want to take them by minimum wages their wages have to be calculated for 26 days and overtime will have to be paid. We are giving them PF and ESI also. Presently these security guards are working from Mon to Sun for 8 hrs.
kindly let me know whether we are doing legally right and how can we overcome the following;
making their wages according minimum wages and not paying overtime in case of working for more than 8 hours.
how to show on record that they have not been on company for more than 240 days.
hoping to get good answers.
Reg to all
akhila
From India, Delhi
1We have three security guards who are taken through contract labourers. they have nearly going to complete one year. as per contract law, an employee who has worked for 240 days can claim to be permanenet. In that case we will have to change the security guards. But as they are sincere and efficient we dont want to remove them, but want to show on papers that they were not continuously working with us. how do we have handle this problemm.
Also these security guards are fixed for wages Rs 3500/- for 31 days, the contractor is telling that if want to take them by minimum wages their wages have to be calculated for 26 days and overtime will have to be paid. We are giving them PF and ESI also. Presently these security guards are working from Mon to Sun for 8 hrs.
kindly let me know whether we are doing legally right and how can we overcome the following;
making their wages according minimum wages and not paying overtime in case of working for more than 8 hours.
how to show on record that they have not been on company for more than 240 days.
hoping to get good answers.
Reg to all
akhila
From India, Delhi
that is problem of contracter, the security guards are the permanent employees of contracter, and this is not an issue to be worried over by you. because you mentioned the word contracter,. somewhere in ur post,,
if they are directly employed by u and are on ur payroll then u have to issue a contract to them for 3 months and after three months give them a break for 2-3 days before issuing new contract in this way they will not continuosly work n claim permanenet job,,
From India, Pune
if they are directly employed by u and are on ur payroll then u have to issue a contract to them for 3 months and after three months give them a break for 2-3 days before issuing new contract in this way they will not continuosly work n claim permanenet job,,
From India, Pune
Do u know all guards are covered under guard board act
your contractor should hv the registration under guard board act ..if they are providing the guard. and if u r using the contract labour as a guard then definately they can claim for the permanency .and ur comp wil be in trouble ...so u must hv to give them a short period of break for 10 to 15 days and again u can hire them.....and one more idea i can give u ..talk with them and tell them clearly- u wil be on duty for next 15 days but on papre u wil be absent .....and pay them by hand dont make any record on wages register....but this wil hpn when ur guards wil be ready and want to continue with u .....otherwise u can give them a short break..
Hope it wil help you .
From India, Pune
your contractor should hv the registration under guard board act ..if they are providing the guard. and if u r using the contract labour as a guard then definately they can claim for the permanency .and ur comp wil be in trouble ...so u must hv to give them a short period of break for 10 to 15 days and again u can hire them.....and one more idea i can give u ..talk with them and tell them clearly- u wil be on duty for next 15 days but on papre u wil be absent .....and pay them by hand dont make any record on wages register....but this wil hpn when ur guards wil be ready and want to continue with u .....otherwise u can give them a short break..
Hope it wil help you .
From India, Pune
Dear Akhila,
Abhishek is somewhat correct but Ravi is incorrect. Security Guards Board is body which looks into the benefits of Security guards employed by private security agencies in terms of their minimum wages, statutory dues etc.
Yes if a security guard has worked for more than 180 days at your place at the same premises he can claim permanancy, mind it even if he is provided by contractor- you remain the Principle Employer. So giving them a break for at least a month would be advisable. Normally Private agencies have a policy to rotate security guards in six months of time to prevent this kind of situation.
you dont need to change them at one go, do it one by one so that your work also dosent gets hampered since out of three you will have two trained person always. Security Guards Board exists only in ten districts of Maharashtra and nowhere else in the country, and this body is part of States Labour Ministry. Any other question regarding this is welcome.
Regards
Sanjiv Shrivastava
From India, Mumbai
Abhishek is somewhat correct but Ravi is incorrect. Security Guards Board is body which looks into the benefits of Security guards employed by private security agencies in terms of their minimum wages, statutory dues etc.
Yes if a security guard has worked for more than 180 days at your place at the same premises he can claim permanancy, mind it even if he is provided by contractor- you remain the Principle Employer. So giving them a break for at least a month would be advisable. Normally Private agencies have a policy to rotate security guards in six months of time to prevent this kind of situation.
you dont need to change them at one go, do it one by one so that your work also dosent gets hampered since out of three you will have two trained person always. Security Guards Board exists only in ten districts of Maharashtra and nowhere else in the country, and this body is part of States Labour Ministry. Any other question regarding this is welcome.
Regards
Sanjiv Shrivastava
From India, Mumbai
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