How to Calculate Daily Wages for Security Guards: Seeking Guidance on Government Regulations

I have a particular case where the central government agency is employing security guards from a private agency and wants to calculate their wages on a daily basis, i.e., according to the number of days worked. If the security guard has worked 31 days in the month of January, then they should receive 31 days' salary, and if they have worked 28 days in February, then they should receive 28 days' salary. The agency insists that the salary should be calculated on a daily basis rather than a monthly one. Can you please assist me with this matter and provide guidance on any applicable government regulations?

This approach will not be legal.

In January, there are 31 days, which include 4 Sundays. These Sundays will be paid holidays as weekly offs. Republic Day will also be a paid holiday.

Payment of Security Guards: Legal Considerations

Where do they get these ideas? And to save whose money? As if the Government of India (GOI) will be concerned about paying a watchman a few rupees more. If security guards are employed in the position for a long term (as distinct from a 1-2 day replacement), they must be paid monthly. Paying less for February is illegal, to say the least.

If a guard works for 6 days, they are entitled to a paid weekly off. They are entitled to paid holidays as per the state rules and definitely for 4 national holidays where there are no state rules. If they work on those days, they receive double overtime and compensatory off.

Dear Friend,

In the matter of fixed wages, the payment shall be the 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 in the month and multiplied by the days of working.
2. If paid under daily wages, the calculation would be the rate of wages per day multiplied by the days of working.

Divide by 26 to his monthly salary i.e. if the security guard is drawing a monthly salary of Rs. 13,000, then his per-day wage is 13,000/26 = 500. If the guard worked for 24 days, he will get Rs. 12,000.
Say in January 2018, the working days are 26 and 1 Paid Holiday (Republic Day), then he will get a salary for 27 days i.e. Rs. 500 x 27 = Rs. 13,500/-. Because the minimum wage is calculated for 26 days.

Regards,
Suresh

Reevaluating Cost-Saving Techniques in Security

This central government agency needs to relook at cost-saving techniques in security. Security is a permanent need and must be sourced through proper contracts and vetting of the concerned security agency. If in Maharashtra (Mumbai, Thane, or Pune), they should approach the Maharashtra Guard Board for guards. Shortcuts like daily wages indicate a lack of respect for security. Suppose one guard fails to come; who will oversee the security aspect then?

Compliance with Labor Laws

Paid days off after six days of work are part of the law governing workers. National holidays on 26th January, 15th August, and 2nd October are also paid holidays. Central government establishments need to be models in following labor laws and should not look to save a few rupees by violating these laws and taking advantage of the poverty-stricken status of guards.

Private Security Agencies Regulation Act 2005

In private security services, the Private Security Agencies Regulation Act 2005 is applicable along with the state act and schemes framed by each state. This defines the fact that all the applicable labor laws are equally applicable to private security agencies.

Salary Components for Security Guards

Regarding salary, the guards are entitled to basic pay, DA, education allowance, washing allowance, conveyance allowance, HRA, PF, ESI, gratuity, leave with wages, national holidays, LWF, and other applicable levies such as GB. Adding all these components gives the total wages per month, which can be calculated into a per-day rate depending on the actual days worked in a month. Weekly offs should be given by using relievers.

Wage Calculation for Ex-Servicemen Security Guards

Most government departments employ ex-servicemen as security guards, duly sponsored by the Director General of Resettlement (DGR). Previously, the DGR fixed the wages on a monthly basis. Now, the Director General of Resettlement has set the wages for ex-servicemen security guards on a per-day basis rather than monthly. However, when you calculate it, the payment covers only 26 days. Additionally, the DGR has established relieving charges for weekly offs and national holidays separately.

According to DGR guidelines, security agencies must employ extra guards to provide weekly offs and national holidays. If some security guards are unable to take their weekly off for any reason, the company must compensate them for the extra days based on the DGR's calculations.

Weekly off is calculated in terms of relieving charges. For every six security guards, one reliever is required to make provision for the weekly off. In cases where such an arrangement is not possible, duties done on the weekly off will amount to overtime, which is to be paid at double the wage rate.