Saswatabanerjee
Partner - Risk Management
Bijay_majumdar
Freelancer
Suresh2511
Labour Consultant
+3 Others

I have a particular case where the central govt. agency employing security guards from private agency wants to calculate their wages on a daily wages basis i.e. according to the no of days worked. If the security guard has worked in the month of Jan for 31 days then 31 days salary, if he has worked for 28 days in feb then for 28 days salary. The salary according to them should not be calculated on monthly basis but on a daily basis. Please help me with the above and with the GR if any.
This approach will not be legal.
In Jan there are 31 days which include 4 Sundays which will be paid holidays as weekly off.
Republic day will a paid holiday.
Where do they get these stupid ideas ? And to save whose money ? As if GOI will cry that a watchman has to be paid few rupees more
If the security guards are employed in the position for long (as distinct from a 1-2 days replacement), they have to be paid monthly. Paying less for February is illegal to say the least
If he works for 6 days he is entitled to a paid weekly off. He is entitled to paid holidays as per the state rules and definitely for 4 national holiday where there are not state rules. If he works on those days he gets double OT and compensatory off
Dear Friend,
In the matter of fixed wages the payment shall be same for 31,30 and 28 days as per the month.
1. Under Fixed wages [the calculation would be the Fixed wages per month divided by days month & multiplied into days of working.
2. If paid under daily wages, the calculation would be the rate of wages per day multiplied into days of working.
Divide by 26 to his monthly salary i.e. if the security guard is drawing monthly salary of Rs.13,000 than his per day wages is 13000/26=500.
If the guard worked for 24 days he will get Rs.12,000 and say in January 2018 the working days are 26 and 1 Paid Holiday (Republic Day) than he will get salary for 27 days i.e. Rs.500x27=Rs.13,500/-. Because minimum wages is calculated for 26 days.
Regards,
Suresh
This Central govt agency needs to relook at cost savings technique in security.
Security is a permanent need and has to be sourced on proper contracts and vetting the security agency concerned.
If in Maharastra(Mumbai,Thane or Pune) they need to approach Maharastra guard Board for guards
short cuts of daily wages indicate a lack respect for security.Suppose one guard fails to come, who will see the security aspect then.
Paid offs after 6 days of work is part of law governing workers.
National holidays 26th Jan 15 Aug and Oct 2 are also paid holidays.
Central govt establishments need to be models in following labour law and not looking to save few rupees by violating labour law and taking advantage of the poverty stricken status of guards.
In private security services,The Private security agencies,Regulation act 2005,is applicable along with The state act and schemes framed by each state.Which defines the fact that all the applicable labour laws are equally applicable to Private security agencies.As regards to Salary,The guards are entitled for Basic,Da,Edn Allowance,washing Allowance,conveyence Allowance,HRA,Pf,Esic,gratuity,Leave with wages,National Holiday,LWF and apart from this Levy to GB,etc are also applicable,Adding all these heads gives total wages per month.Which actually can be calculated into Per day depending on actual days in a month.Weekly off to be actually given by using relievers.
Most of the Govt department employed ex-servicemen security guard duly sponsored by Director General of Resettlement. Previously the DGR were fixed the wages on monthly basis. Now the Director General of Resettlement has fixed the wages for Ex-servicemen Security Guards per day basis and not on monthly basis. But when you calculate the same it comes for 26 days only. Also the DGR have fixed the relieving charges for weekly off and national holidays separately.
As per the guidelines of DGR security Agency must employee extra guards for providing weekly off/national holidays but some of Security Guard could not get the weekly off due the reason what so ever then the Company must be paying for extra days as per the calculation of DGR.
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