Are Our Watchmen Actually Security Guards? Understanding Wage Categories and Legal Implications

Dear Friends, we have deployed watchmen through contractors in our mines premises, especially at the gates and the boundaries, where they basically perform the jobs of watching and manually logging the movements (ingress & egress) of vehicles, checking the materials being transported, and patrolling inside the premises. The contractor pays them the minimum wages of the unskilled category, since, as per the Minimum Wages Act, 1948, a watchman falls under the unskilled category. However, recently the contractor and we, as the principal employer, have been served notice by the LEO (C) for less payment of wages to them, contending that they are not watchmen, rather security guards, therefore entitled to the minimum wages of the semi-skilled category. Can someone guide me and let me know what exactly the differences are between a watchman and a security guard, and what factors should be considered while determining whether a person is discharging duty as a watchman or a security guard? Your professional inputs would be of immense help for us in contesting the charges.

Thanks!

Regards, VK Sinha

Please check the notification issued by the government of Bihar or the appropriate authority. They have clearly classified security guards as unskilled workers. In my experience overseeing security operations for a major security provider company, I have not come across any notification differentiating between watchmen and guards in a nationwide context. If such a notification has been issued, it could be an oversight on their part.

Security Services and the PSAR Act 2005

Security services now fall under the PSAR Act 2005, which outlines regulations for the security industry.

Regards,
Capt. Rajeshwar Singh
LinkedIn: linkedin.com/in/captrajeshwarsingh

There is a separate minimum wage for security guards as per the minimum wages of the particular state government. Check with your state's minimum wages. A watchman comes under the security guard category.

Regards,
Pon

Security guards and the services/business related to this fall under the employment category that is separately governed by PSAR 2005. However, the minimum wages category also shows a category of employment as 'Watchmen'. Therefore, it raises this ambiguity. In my opinion, if the security services/business are governed by a separate enactment, then it must have its own structure of wages notified under the security services category, like the Security Guard Boards do under the Maharashtra Private Security Guards (Employment & Welfare) Regulation Act. They specifically consider security and various classes of security and declare the wages as a separate autonomous body under the Labor Ministry.

Categorically speaking, wages more than the semi-skilled category may be considered for critical and vital functions like security.

Thanks,
Bijay

Classification of Watchman Duties

A watchman is generally considered an unskilled worker if he performs tasks such as general vigilance during his duty. However, if the company assigns him more responsible tasks, such as noting down vehicle numbers entering and exiting the premises, conducting thorough vehicle checks, and allowing visitors only after a preliminary inquiry, he may be classified as semi-skilled or even skilled.

For instance, if he operates the generator and manages power changeovers during outages, or handles the receiving and sending of mail by maintaining registers during his shift, these additional responsibilities elevate his role beyond that of an unskilled worker.

Watchman is not an unskilled category. However, if you go by the term Security Guard, it certainly is. Nonetheless, please understand the difference between the two. Many of the states' minimum wage notifications will show you two separate categories for Watchmen and Security Guards. The security services category again falls under two parts - one governed by the States' Minimum Wages Act and the other falls under the DGR (Director General Of Resettlement) under the central wages. State to State, the categories differ. So, it would not be prudent to counsel taking into consideration one state's wages and giving an opinion about another.

Dear Mr. VK Sinha, you may just forget other factors and concentrate on your State minimum wages and categories which you will easily find on the Internet and seek your opinion based on the facts received thereof.

Regards,
KLG

Understanding the Roles: Watchman vs. Security Guard

There is no functional difference between a watchman and a security guard. Both are the same. While referring to the minimum wages of Tamil Nadu, I do find the category of security guards but not watchman. For all practical purposes, the minimum wages of a security guard shall apply to a watchman, I opine.

Pon, Chennai

The category of watchmen has been shown as unskilled in most of the scheduled employments declared by the state governments. Similarly, the Government of NCT of Delhi has listed 29 scheduled employments in their notification, but no separate minimum rates of wages have been fixed for security personnel. However, in the list of scheduled employments declared by the NCT of Delhi, the categories of Chowkidar, Durwan, and Watchman have been mentioned as unskilled workers, whereas the Night-Bearer-cum-Chowkidar has been shown in the semi-skilled category in some of the scheduled employments. On the contrary, the minimum rates of wages of the Government of Haryana contain 47 scheduled employments where the Security Guard without a weapon has been shown as Semi-Skilled 'A' and Security Guard with a weapon as Skilled 'A'. The Security Inspector/Security Officer/Supervisors have been placed in the highly skilled category.

The basic difference between a watchman and a security guard is that a watchman works as a durwan or a chowkidar to perform one or two specific functions, whereas the category of security guard carries out multifarious functions with greater responsibilities. You have mentioned that the watchmen deployed with your company are performing the jobs of watching, manually logging in registers the movements (ingress & egress) of vehicles, checking the materials being transported, and patrolling inside the premises.

In my opinion, the LEO (C) has rightly issued notice to the company for less payment of wages to watchmen, contending that they are not watchmen, but rather security guards.

Regards,
BS Kalsi

Agree with Mr. Kalsi's opinion. These days, several states have Acts on Private Security, as pointed out by other members. Please refer to the appropriate Act. Many state governments also have specified wages. The job descriptions and responsibilities of a watchman and security guards are different, with the latter being more comprehensive, as already pointed out. Generally, security guards are exploited and paid for an 8-hour shift, whereas the work required is for 12 hours. Apart from denying them overtime wages, they are also deprived of several statutory benefits. Moreover, they come under the semi-skilled and skilled category.

Warm regards.

Considering the fact that the security services business falls under the purview of the Central Act, i.e., the Private Security Agencies Act 2005, every state has been directed to form its rules and scheme to regulate the business of security services. Hence, the states have the obligation to decide the wages and ensure the regulation in respect of security employment, welfare, and benefits therein. As stated by members in this post, reference to minimum wage notifications and any other notifications specifically governing the security business has to be made. Examples include the Pune/Mumbai District Security Guard Boards under the Maharashtra Private Security Guards Regulation of Employment and Welfare Act 1981.

Thanks

Hi,

Watchmen come under the unskilled category, but trained security guards who have completed training as per the PSAR-2005 guidelines fall under the skilled category (please refer to the State Minimum Wage notification of the State of Rajasthan). A trained person cannot be treated as unskilled.

Thank you.

Understanding the PSAR Act 2005 and Its Implications

The PSAR Act 2005 defines the business of security guards conducted by agencies. Hiring security guards under the guise of watchmen to avoid paying the defined wages for security personnel is not appropriate. States establish their own rules and schemes in alignment with the PSAR Act. Consequently, welfare and employment norms are determined by the states.

The schedule of employments under the Minimum Wages Act by each state may or may not list security guards as a specific category of employment, but it will reference the PSAR Act. A watchman is considered unskilled if there is no reference or relation to commercial activity concerning security services.

Regards,
VK Sinha

The terms "Watchmen" and "security guards" are legally different and not equal. The wage rate is also lower for a watchman than for a security guard.