Hope this mail finds you all in great health & spirits !!!
A Private company XYZ manages it's Security aspects by appointing Security Guards. Although they are termed as Security Guards and even shown as Security Guards as Designation on payroll but in reality if we go by strict Security Personnel parameters and skills and even the daily minimum wages as prescribed by the local State Government then such a Designation doesn't seem appropriate..reasons:
A) The so called Security Guards are only 7th or 8th Standard Pass.
B) The appointed Security Personnel haven't undergone any formal Security Training sessions and do not carry and Certifications such as NCC A/B/C Certificates, Home Guard Certificate etc.
C) These appointed people are not even from any wing of the armed forces and not even from the lowest Rank of a Lance Naik under Non commissioned Officers.
Q1.Now based on the above is it appropriate to call them Watchman, Gateman or Chowkidar instead of Security Guards??
Further if you check out the attachments and go through the entire document you will see that the terms Private Security Agency/Agencies is repeated. The order by the Governor is to be complied by the Security Agencies who have a valid license to supply Manpower in the form of Security Guards/ Security Supervisors as applicable. Seems from the notification that the Security Agencies must follow the Minimum Wages Rates floated exclusively for this category of personnel unlike perhaps the other Minimum Wages Notification which is also issued by the Labour Dept..pls click on the link below to know the rates applicable in different industries in Assam: https://paycheck.in/main/salary/mini...january-1-2016
Q2.Based on the above paragraph, please comment??
Security Personnel Uniform-Compliances
Please also follow the line inside the attached file titled as "Public Information-1" where as per the Private Securities Act 2008 it is clearly mentioned that the Uniform of Security Guards should not be same with any of our Armed forces..and it goes on to say that in no way it should resemble any of the armed forces in any way and if it does happen then the same shall attract punishment.
Q3.The Private company XYZ in this example has given bottle green shirt & trousers for it's security personnel. Please refer the attachments named as "Army Dress".The gentlemen are wearing bottle green plain as it seems to me. Question is how far bottle green colour plain for both shirts & trousers are ok for Security Personnel/ Watchman appointed by Private Companies themselves and not through Pvt Agencies?
Q4.The other thing on the compliances part which i had heard was that if the Private Company XYZ gives whatever uniform it decides then prior to that it must write to the local police station or SP Office stating the appointment of Security Personnel plus with a sample cloth of the uniform to be given and once it is duly approved should the Private Company use it. Is this really the norm & practice..? Or this is the complaince part for Private Security Agencies not for a company doing inhouse recruitment of Security Personnel/ Gateman etc??
Q5.Since the notifications talk about Private Security Agencies repeatedly and Company XYZ since it is not an agency but does appoint so called Security Guards it is not governed by the Private Security Agencies Act of 2008 ??
Q6.If we have shown the appointed people as Security Guards do we need to pay them as per Skilled rates in Assam as per the chart or Semi Skilled rates will do but then as the term Security Guards hint towards a skilled job perhaps it is appropriate to pay them as per the Skilled rates in Assam...if that is not done even after terming the manpower as Security Guards on payroll, then can the Labour Inspector slap a notice to the employer for denying the Security Guards the rates as per their legitimate rights as per the notification?
Q7.Based on the untrained status of so called Security Personnel will it be appropriate to rename them on the payroll as Chowkidar/Gateman/Watchman and pay them as per the unskilled category?
Q8. In the attached file titled as "Min Wages Pvt Security...Assam 2017" kindly check the minimum wages rates..the daily rate is given for instance as Rs 623.33..how do i segregate Basic & DA here if i have to convert to a monthly Basic+DA for defining the salary of a person..Please advise.
Respected Members, please comment on the different aspects and guide in light of labour laws and industry best practices.
Thanks & Regards
From India, Delhi