Is a 12-Hour Shift for Security Guards Legal and How Do We Handle Their CTC?

Hello Seniors,

Please explain the topic: Is it okay to deploy one person for a 12-hour shift in the case of a Security Guard? How can we calculate their CTC and the statutory liabilities associated with a 12-hour shift?

Looking forward to your reply.

8 hours is the normal duty hours. 4 hours will be on overtime basis, which simply means double wages.

The practice of 12 hours duty is against the norms of working hours, i.e., 8 hours. The calculation of wages should be based on an 8-hour workday, with any additional hours beyond that considered overtime and paid at the overtime rate. Therefore, the daily rate will be double the normal rate, which violates the established norms for overtime hours.

The issue of 12-hour shifts in the security industry

There is a widespread practice in the security industry of 12-hour shifts, as well as continuous working without weekly offs. This is partly for extra earning or for accumulating extra offs to be availed at the convenience of security guards. Legal provisions do not support this practice at all, yet it is done clandestinely and in connivance with all. However, it is inhumane to subject anyone to continuous 12-hour shifts for a considerable period of time. The natural consequence is that there will be slackness and dilution in standards of duty done, as it is impossible to remain vigilant and alert for such a long duration, especially for days together.

Compensation for a 12-hour shift

As for your query regarding compensation (CTC) for a 12-hour shift, it depends on your compensation mechanism as to how you are paying for the extra 4 hours of duty. Is it at double the rate or through some other means? As professional HR people, we should not encourage such practices that are blatantly illegal and inhumane.

Challenges in the Security Guard Industry

The issue here is that guards are generally poor and have low levels of education. Their training for other jobs is also lacking or inadequate. The only job they can find is becoming a guard. Housing societies hire guards for duty but often opt for the cheapest options while still expecting the best security. The entire system is poorly managed. There have been instances of guards committing murders in housing societies. Maharashtra has a Guard Board that regulates security guards, but the setup is not very efficient. Employers often take risks knowing that there is a huge supply of guards and they can easily find replacements.

Working Conditions and Legal Compliance

It is common for guards to be asked to work 12-hour shifts without overtime pay. However, as HR professionals, we must abide by the laws and ensure the well-being of the guards. Exhausted guards will provide no security at all. If there is a need for 12-hour shifts, it indicates the need for additional guards. It is important to firmly communicate with management that laws should not be violated and security should not be compromised for the sake of saving a few thousand rupees.

I am glad that our respected members from HR have pointed out the right concerns regarding the security business. Despite having laws to regulate this industry, there are numerous violations within the system. Compromising the security and safety of individuals and assets solely for the sake of saving money and breaking the law is unacceptable.

Why should security personnel be forced to work 12-hour shifts when it is not permitted?

It is advisable to hire 8-hour guards with appropriate relieving schedules. The Private Security Agencies Act of 2005, in conjunction with state regulations, outlines the norms for hiring and the responsibilities of principal employers, employing agencies, and security guards. It also mandates compliance with all statutory requirements as per applicable labor laws. Therefore, there is no justification for implementing a 12-hour guarding system, even though it is prevalent in many industries and establishments.

The security situation is concerning

HR professionals should consistently advise management to engage legal and reputable security agencies while maintaining strict oversight on audits and compliance.

Challenges Faced by Security Guards

The problem is that minimum wages are too low for an individual to survive. Guards are working far away from their homes, maintaining two households: their family in the home village and themselves in the city of work. Their financial condition is pathetic.

We are discussing 12-hour shifts, but on the ground, sometimes they have to work for 24 hours or more. This 12-hour duty concept suits both the employer and the guard; the employer gets cheap labor, and the guard gets some extra money. With 8 hours of payment, he can't meet his basic needs of food and shelter.

Exploitation in the Workforce

Competition is at a lower level, where everyone is trying to exploit the lower group of society. Unless this group is paid and respected, these individuals will continue to be exploited. Some revolutionary changes are required to uplift this group. Most organizations find this group the easiest target to reduce expenditure.

The type of employment, in the scheduled list of employment by the government, provides a guideline as to how wage structure will be applied. If the type of employment category is not in the given schedule, then usually the Shops and Establishments Act is applicable, for which a license is necessary. PSAR license is exclusively for the security industry, governed by the PSAR Act 2005.