navneet.kumar1
1

Dear Professionals,

I would like to understand more on "Security Guard in the Factories will be Covered under the definition of Workers or Not" under Factories Act 1948/State Factories Rules"

Thanks for your comments/ suggestions.

Regards..
Navneet Kumar

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Rkn61
Hr Manager
Nanu1953
Ceo-usd Hr Solutions
Ommygautam
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Yuvraj Jagfap
Branch Manager Pune Mh
Navneet.kumar1
Compliance Manager
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Management Consultancy
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Madhu.T.K
3790

Security Guards are workers. But I think they may come under the employees classified as "employees employed in confidential positions" in section 64 of the Factories Act. Further comments expected.
From India, Kannur
Yuvraj Jagfap
1

Dear Sir , Security guard are worker but in Maharashtra this category under in PASARA ward and watch . If you more clearance please read PASARA act . Thanks Yuvraj
From India, Pune
Madhu.T.K
3790

Private Security Agencies (Regulation) Act 2005 is an Act o regulate the security agencies by ensuring a registration and it does not provide for the service conditions of the persons employed in such agencies. This Act does not define a worker but only says who is a private security guard. If a security has any dispute relating to his employment or non employment, he has to take it as per Industrial Disputes Act only. Even the definition of security guard is very narrow. What the poster has asked is whether a security guard is a person coming under the definition of workman or not. This cannot be answered by perusing the PSAR Act. Please correct me if I am wrong.
From India, Kannur
rkn61
572

My suggestion is security guards will not fall under the category of "employees employed in confidential position". Of course, the CSO - Chief Security Officer - may fall under this category.

If the security guards are employees under the direct pay roll of the Company/factory, they are also
coming under the definition of "workman" under Factories Act. Instead, they (security guards) are employed by a contractor - security agency - then their service conditions are abide by CLRA Act.
Please correct me if I am wrong.

From India, Aizawl
nanu1953
288

Most of the Security agency is covered under State S & E Act. Therefore, the employee of that security agency is also covered under S & E Act of the State. At the same time when security staff under agency is deployed at any Factory , they should follow the Factories Act.

As mentioned earlier if the security staff is directly deployed by PE (factory ), then the security staff will be covered under Factories Act - no doubt. But there is hardly any organization today when Security staff are engaged direct pay roll of the organization. It is almost all organizations through Security Agency.

To my opinion if the Security staff engaged at Factory, they should be covered under the factories act specially from point of view of Safety, Environment, Health, Shifting duty, in some organizations managing CO'S Car etc.etc.

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From India, New Delhi
ommygautam
68

Please just go through the Factories act 1948 . as Per act-
“worker” means a person [employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process [but does not include any member of the armed forces of the Union];
its clear said person [employed, directly or by or through any agency (including a contractor). So security Guard will also covered under the factories act.

From India, Rudarpur
Madhu.T.K
3790

The rule 109 of the Kerala Factories Rules provides for maintaining a list of employees holding confidential positions. The company can name any person who is expected to be keeping confidential records and information. The Kerala Factories Rules also provide a set of roles that are considered to be confidential in nature. The Security Guards are also there in the list of persons holding confidential roles. The objective of this rule is to ensure that those who are named in the list of employees holding confidential positions or positions of supervision or management are available to protect the men and property of the factory when there is an industrial unrest. Security Officers, including Security Guard, are not expected to take part in any general strikes by the workers like any other employee holding supervisory or confidential position.

I believe that similar rules must be there under other State Rules also.

From India, Kannur
prashant.deshpande
10

In my opinion Security guard who are employed under The Maharashtra Private Security Guards Act ( Guard Board ) and their services are governed by the Board in Maharashtra.Here the securities are those only who are employed by Contractor or by Board itself.so request to go through the Act for elaborative details on this.

Regards,Prashant

From India, Pune
KK!HR
1367

Section 103 of the Factories Act 1948 raises a presumption that anyone found in the factory premises is employed in the factory unless it is proved otherwise. Now if there are security guards deployed on the factory premises, the presumption will be attracted. So it won't be wrong to draw a conclusion that the Security Guards are part of the factory.
From India, Mumbai

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