Is It Legal for Security Guards to Work 12-Hour Shifts Without Proper Pay? Seeking Advice on Labour Court Case

I have filed a complaint with the Labour Commissioner in Bangalore against a top builder of Bangalore and its 9 security service providers for the following reasons:

1. Making security personnel work for 12-hour shifts per day, 30 days a month.
2. Not paying minimum wages or double overtime for work performed.
3. Failing to provide other benefits to security guards such as bonuses, free uniforms, and leave salary as mandated by the Karnataka Government.
4. Delaying the payment of security personnel until the 7th of every month.

The builder, whose HR head is a member of this forum, argues that the agreement with the security service provider is based on minimum wages. They claim to pay the providers Rs 4000 to Rs 5500 per guard per month.

The cost per guard per month amounts to Rs 5832 for an 8-hour shift (Costing attached). If we consider a 12-hour shift, even without double wages, it would be Rs 8748 per guard per month. If double wages are factored in, the amount would be at least Rs 10500 per month per guard based on minimum wages, as overtime, PF, and leave bonuses are not included in the current calculations.

I seek advice on how to proceed with this case in the labour court to ensure that the builder does not exploit the guards and that the security agency complies with all statutory norms. Please also confirm if my complaint is legally valid.

Additionally, I have lodged a complaint with the PSARA licensing authority in Bangalore to request the cancellation of the PSARA licenses of these 9 security service providers for the reasons mentioned above.

Thanks,

Jasvinder Singh

In labour courts and authorities, the burden of proving that the security guards worked 12 hours is on the person who asserts it. Please collect proof for that. Once you prove it, then they will get their overtime allowance.

In case you need state-wise implementation, then you should go in for a PIL.

With Regards,

Advocates & Notaries & Legal Consultants [HR]
E-mail: [Email Removed For Privacy Reasons]
Mobile: [Phone Number Removed For Privacy Reasons].

Dear Mr. Jaswinder Singh, we are requesting the security agency to provide 8-hour shifts, with 3 shifts per day for security guards. The fact is, even the builders are aware that security guards should not be engaged for more than 1 shift. However, if overtime (even if it is just a single shift) is not offered, the security guards are not willing to come for duty. Consequently, the guards end up working 12-hour shifts. No one is forcing them to work these extended hours; they are simply requesting the security provider to assign them at least 12-hour shifts. The security providers are accommodating this request and are prepared to deal with the consequences.

You may think you are doing a good deed for the guards, but in reality, you will be reducing their payment by 1/3. Those who were earning Rs. 7500/- per month will now only earn Rs. 5000/-. Therefore, with your assistance, their salaries will decrease, and you may receive their gratitude.

Subsequently, the builders will demand 8-hour shifts for security guards and ensure that the guards do not exceed the 8-hour limit. These guards typically come from ex-defense backgrounds, rural areas, or regions like Assam/Tripura (although guards from Madhya Pradesh are now available and are paid better).

Consider this: have you ever visited a large shopping mall or department store? Have you ever thought about investigating the employees' salaries, benefits, and working conditions? If the owners discover that you are scrutinizing their employees, can you imagine the consequences?

While you may find my statements unsettling, I am simply presenting the current reality to you. Nowadays, banks, insurance companies, and various private organizations operate for 12 hours or more due to the prevailing circumstances.

We can't justify exploitation by saying everyone is doing it. Any worker who works for 12 hours should be given overtime at double the rate of normal wages. If there is an infringement, one should not justify it. Can we justify CHILD LABOUR by saying that after all it provides some income to the family? If we continue this logic, one can JUSTIFY EVERY WRONG AND ILLEGAL THING. In that case, why punish people for theft or dacoity? It also provides employment and generates income for some households. I appreciate the courage and initiative of our member Jasvinder Singh in highlighting this exploitation.

Warm regards.

Discussion on 12-Hour Shifts for Security Guards

I fully agree with Mr. Raj Kumar. If the security guards are made to work for a 12-hour shift, it is not as though they willingly work for a 12-hour shift. Mr. Baskar is stating the fact when he says that nowadays banks, insurance companies, and all private organizations are working for 12 hours or more because the current scenario is such. Even in these cases, the 12-hour shift does not exist in nationalized banks and nationalized insurance companies.

Can the practice of a 12-hour shift be introduced in an industry with a strong union presence or with a union having political backing? Can these hours of work be insisted upon by the employer only where the workmen are not organized into strong trade unions?

With regards,

Understanding Legal Obligations for Employers

Anything that is against the law is illegal. One cannot justify wrongdoing by claiming it benefits one's family members. Ignorance of the law is not an excuse.

If any employer or contractor requires workers to work 12-hour shifts without paying overtime, it is illegal. Workers are entitled to overtime payment for any hours worked in excess of 8 or 9 hours, as applicable.

If an employer is genuinely concerned about the welfare of their employees' families and insists on 12-hour duties, then why is there a lack of generosity when it comes to paying overtime as per the law?

You need to prove this by producing attendance registers, registers of wages, etc., to show that workers were working 12-hour shifts without any overtime payment.

Regards

Dear Mr. Baskar,

With your permission, I would like to add some additional details regarding the private security manpower status. We are facing challenges in acquiring the right manpower for 8-hour shifts as there is a shortage of qualified security guard professionals. Compromising on shift timings seems to be the best solution given the manpower shortage. Another significant aspect to consider is that security guards may not work efficiently for the entire 12 hours; they may have more breathing time than actual working hours (practical approach).

As you rightly pointed out, salary is also a crucial factor influencing the willingness to work long hours.

Thank you and regards.