Are Security Vendors Violating Employee Rights by Denying Weekends Off?

A security vendor has been paying its employees as per the minimum wages of the state. In addition, they are paying some amount towards Leave Encashment and Bonus monthly. The vendor's resources have to attend duties for all the days of the month, i.e., 30 or 31 days.

My Humble Query

1. Can a vendor call its resources throughout the month?
2. Is denying a weekend-off or rest-day in this case an offense?
3. Can the vendor compensate the employees at a single rate?
4. Is the principal employer guilty if they do not object to the practices of the vendor?

Your security contractor must provide the required weekly day off. According to regulations, contract employees are entitled to one day off for every six working days. The contractor should not require them to work daily. If they work any overtime, they must be paid double wages. It is a serious offense if the contractor fails to pay double wages for overtime. If a labor inspection is conducted by the government department, the principal employer will be held responsible, and the notice will be served in the name of the principal employer.

Contractor agencies are supposed to abide by all the labor laws and statutes as applicable to the company. It is also true that any lapse or failure on the part of these statutes by the contractor is an offense, but the principal employer will be served notice and not the contractor.

Guards' Weekly Off

As regards guards' weekly off, yes, the weekly off is applicable, but then relievers must be appointed to fulfill the requirement, and the principal employer is supposed to pay for such relieving duties.

It is, therefore, the principal employer who will be held responsible for this, and the contractor has to abide by all the necessary statutes as per the law under the terms of agreement mutually agreed upon between the parties. Contractors who don't follow these terms of agreement should not be awarded contracts.

Private Security Agencies Act 2005

If you are aware, security services fall under the Private Security Agencies Act 2005, which elaborates and empowers the states to enforce the laws and other enactments to ensure the welfare of employment in this industry.

Thanks,

Bijay.

Dear Umakant, please verify whether the Security Vendor is certified by the relevant Government Department, for example, DGR Sponsored Security Agencies, which have their own guidelines in this regard. They follow all the rules and regulations set by the appropriate Government and provide relievers on weekly offs and leave to maintain security staff as per the contract. By doing so, you can avoid the exploitation of your security staff. If there are any issues, as the principal employer, you may inquire with the concerned vendor and report any misconduct to the DGR Board.

Hope this information helps in minimizing your problems.

Regards,
Namrata

DGR Sponsorship and Security Agency Involvement

DGR only sponsors the security agency and aims to provide support services for the resettlement of retired personnel. Thus, it does not have any direct involvement with the clients as such. Secondly, if they have involvement through a sponsored agency, they may be able to resolve issues within the purview of the PRIVATE SECURITY AGENCIES ACT and any such act governed by the state, which has control over the Private Security Agencies. An example is the Maharashtra Private Security Guards (Regulation of Employment & Welfare) Act 1981.

Whatever the case may be, contract agencies are also bound to abide by the labor laws, and the principal employer is responsible for ensuring this.

Thanks,
Bijay