Security Agencies and Free Uniforms: Are There Legal Requirements for Guards?

Why do security agencies need to provide free uniforms for security guards? Kindly provide legal references if available.

There is no legal reference, but what I understand is that a security man is expected to wear attire that identifies him as security personnel. If your office has a uniform dress code and every employee is expected to follow it, then it is a requirement of the establishment and not the requirement of the employee. The employee may wish to come to the office wearing a lungi. Will you permit him? No. A security personnel should be visible as security personnel, and he cannot come to duty wearing normal attire. Since it is a requirement of the employer, the cost of making such attire should be borne by the employer running the security service.

Please refer to the state rules under the Private Security Agencies (Regulations) Act. In most states, the rules stipulate that the security agency must provide uniforms free of cost to the security guards.

As per the PSAR Act, it is required that uniform details need to be submitted to obtain a license. However, there is no reference to who shall bear the cost of the uniform.

Uniform Provision Responsibility
As it is a business necessity, the uniform is to be provided by the agency as per the approved code under the PSAR Act. It is also noted that some costs are levied on the principal employer towards the uniform.

If you see it in the context of the Payment of Wages Act, Section 7 prohibits deductions from salary that are not listed as allowed. Uniform cost is not listed there as an allowed deduction. Therefore, deduction or recovery of uniform costs from the salary is illegal.

Explanation of Deductions
If the amount is not deducted but the guard is asked to pay for it separately, that is also a violation of the act as Explanation 1 to Section 7(1) states, "[Explanation I.] - Every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be a deduction from wages."

Therefore, though the PSARA Act does not state that the employer is required to pay for the uniform or provide them free, in effect, they cannot deduct or recover the cost, and therefore they have to give it free.

True, the employer is not required to pay for the uniform. However, in some states, like Kerala, the wages shall comprise an element called a uniform allowance, which is payable to the guards. Moreover, if the employer wants his employees to wear a uniform, it is naturally the obligation of the employer to provide it or pay for it.