My question is, can a company ask for the replacement of security and facility personnel from their company after a year of continuous service? Is it necessary, or can they continue their duties in the same organization? Please clarify this.
From India, undefined
Acknowledge(0)
Amend(0)
1From India, undefined
Acknowledge(0)Amend(0)
You need to bring clarity as to the role being played by you. Are you the contractor providing Security & Facility Personnel? How long is your contract? Is the contract being continued but personnel changed?
Long Deployment of Personnel
As a matter of principle, it can be stated that long deployment of the same personnel in an organization is not in its interest, as it proves that the requirement to be perennial and could lead to some claim of permanency. How long it could be is a matter of interpretation in each case, but one year is a safe option, and the longer the duration, the riskier it would become.
From India, Mumbai
Acknowledge(1)Amend(0)
Long Deployment of Personnel
As a matter of principle, it can be stated that long deployment of the same personnel in an organization is not in its interest, as it proves that the requirement to be perennial and could lead to some claim of permanency. How long it could be is a matter of interpretation in each case, but one year is a safe option, and the longer the duration, the riskier it would become.
From India, Mumbai
Acknowledge(1)Amend(0)
Hi Sir,
I am working in a Travel Company in the Admin Department. My work role is to handle compliance for Security and Facility personnel. Someone asked me this question and advised by a legal consultant that Security and Facility Personnel cannot perform their duties in the same company after a year. We have been working with a Security and Facility company for the last 4 years, and both services are provided by different companies.
Please suggest.
Regards,
Gyandeep Chauhan
From India, undefined
Acknowledge(0)Amend(0)
I am working in a Travel Company in the Admin Department. My work role is to handle compliance for Security and Facility personnel. Someone asked me this question and advised by a legal consultant that Security and Facility Personnel cannot perform their duties in the same company after a year. We have been working with a Security and Facility company for the last 4 years, and both services are provided by different companies.
Please suggest.
Regards,
Gyandeep Chauhan
From India, undefined
Acknowledge(0)Amend(0)
Security Personnel Rotation
There is no restriction on keeping the same security personnel for more than one year. However, it is important to ensure that security personnel do not develop close relationships with permanent staff and visitors, as this could interfere with their duties. While yearly changes are not ideal due to the need to train new staff about the place and their roles, it is advisable to rotate some personnel every three years.
Facility Management Personnel
For facility management personnel, there is no need for rotation since they are familiar with the issues, processes, and positions of all mains, equipment, etc.
Role of Security Personnel
Regarding the role of security personnel, is it limited to routine office security, or does it entail more responsibilities?
From India, Pune
Acknowledge(0)Amend(0)
There is no restriction on keeping the same security personnel for more than one year. However, it is important to ensure that security personnel do not develop close relationships with permanent staff and visitors, as this could interfere with their duties. While yearly changes are not ideal due to the need to train new staff about the place and their roles, it is advisable to rotate some personnel every three years.
Facility Management Personnel
For facility management personnel, there is no need for rotation since they are familiar with the issues, processes, and positions of all mains, equipment, etc.
Role of Security Personnel
Regarding the role of security personnel, is it limited to routine office security, or does it entail more responsibilities?
From India, Pune
Acknowledge(0)Amend(0)
Applicability of Labor Legislation to Security Agencies
The Private Security Agencies Act and the relevant state act clearly define that all labor legislation is equally applicable to security agencies as well. When making decisions regarding replacements, it is essential to consider that any actions taken should fall within the framework of the relevant act and take into account the Non-Disclosure Agreement (NDA) and other agreement clauses accepted during contract finalization.
Challenges in Workforce Adjustments
Contractors are often instructed to adjust their workforce numbers, either by reducing or increasing headcounts. However, they frequently fail to provide alternatives for displaced or reduced employees, which is a concerning aspect within contracting agencies.
From India, Vadodara
Acknowledge(0)Amend(0)
The Private Security Agencies Act and the relevant state act clearly define that all labor legislation is equally applicable to security agencies as well. When making decisions regarding replacements, it is essential to consider that any actions taken should fall within the framework of the relevant act and take into account the Non-Disclosure Agreement (NDA) and other agreement clauses accepted during contract finalization.
Challenges in Workforce Adjustments
Contractors are often instructed to adjust their workforce numbers, either by reducing or increasing headcounts. However, they frequently fail to provide alternatives for displaced or reduced employees, which is a concerning aspect within contracting agencies.
From India, Vadodara
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Pvt Security Agencies want Changes in Law.pdf