Respected Members, Good evening! Hope this mail finds you all in great health and spirits! Situation A Private company XYZ manages its security aspects by appointing Security Guards. Although they are termed as Security Guards and shown as Security Guards as a designation on payroll, in reality, if we go by strict Security Personnel parameters and skills and even the daily minimum wages as prescribed by the local State Government, then such a designation doesn't seem appropriate. Reasons A) The so-called Security Guards are only 7th or 8th Standard Pass. B) The appointed Security Personnel haven't undergone any formal Security Training sessions and do not carry any certifications such as NCC A/B/C Certificates, Home Guard Certificate, etc. C) These appointed people are not even from any wing of the armed forces and not even from the lowest rank of a Lance Naik under Non-commissioned Officers. Q1. Now, based on the above, is it appropriate to call them Watchman, Gateman, or Chowkidar instead of Security Guards? Further, if you check out the attachments and go through the entire document, you will see that the terms Private Security Agency/Agencies are repeated. The order by the Governor is to be complied with by the Security Agencies who have a valid license to supply manpower in the form of Security Guards/Security Supervisors as applicable. It seems from the notification that the Security Agencies must follow the Minimum Wages Rates floated exclusively for this category of personnel, unlike perhaps the other Minimum Wages Notification, which is also issued by the Labour Dept. Please click on the link below to know the rates applicable in different industries in Assam: https://paycheck.in/main/salary/mini...january-1-2016 Q2. Based on the above paragraph, please comment. Security Personnel Uniform-Compliances Please also follow the line inside the attached file titled as "Public Information-1" where, as per the Private Securities Act 2008, it is clearly mentioned that the uniform of Security Guards should not be the same as any of our Armed forces. It goes on to say that in no way should it resemble any of the armed forces in any way, and if it does happen, then the same shall attract punishment. Q3. The Private company XYZ in this example has given a bottle green shirt and trousers for its security personnel. Please refer to the attachments named as "Army Dress." The gentlemen are wearing a bottle green plain, as it seems to me. The question is, how far is the bottle green color plain for both shirts and trousers okay for Security Personnel/Watchman appointed by Private Companies themselves and not through Pvt Agencies? Q4. The other thing on the compliance part, which I had heard was that if the Private Company XYZ gives whatever uniform it decides, then prior to that, it must write to the local police station or SP Office stating the appointment of Security Personnel plus with a sample cloth of the uniform to be given and once it is duly approved should the Private Company use it. Is this really the norm and practice? Or is this the compliance part for Private Security Agencies and not for a company doing in-house recruitment of Security Personnel/Gateman, etc.? Other Aspects Q5. Since the notifications talk about Private Security Agencies repeatedly and Company XYZ, since it is not an agency but does appoint so-called Security Guards, it is not governed by the Private Security Agencies Act of 2008? Q6. If we have shown the appointed people as Security Guards, do we need to pay them as per Skilled rates in Assam as per the chart, or Semi-Skilled rates will do? But as the term Security Guards hints towards a skilled job, perhaps it is appropriate to pay them as per the Skilled rates in Assam. If that is not done even after terming the manpower as Security Guards on payroll, then can the Labour Inspector slap a notice to the employer for denying the Security Guards the rates as per their legitimate rights as per the notification? Q7. Based on the untrained status of so-called Security Personnel, will it be appropriate to rename them on the payroll as Chowkidar/Gateman/Watchman and pay them as per the unskilled category? Q8. In the attached file titled "Min Wages Pvt Security...Assam 2017," kindly check the minimum wages rates. The daily rate is given, for instance, as Rs 623.33. How do I segregate Basic and DA here if I have to convert to a monthly Basic+DA for defining the salary of a person? Please advise.
From India, Delhi
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From India, Delhi
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As an expert in HR and compliance matters, I will address the various aspects raised in your query regarding the appointment of security personnel at Private company XYZ. Here are detailed responses to each question:
Q1. Based on the qualifications and training levels of the security personnel, it may be more appropriate to designate them as Watchman, Gateman, or Chowkidar instead of Security Guards.
Q2. Compliance with minimum wage rates specified for security personnel is crucial. Private companies must adhere to the rates applicable in their region to ensure fair compensation.
Q3. The uniform of security personnel should not resemble any armed forces' attire to comply with regulations. The choice of bottle green color for shirts and trousers may be acceptable, but it's essential to ensure it doesn't resemble military uniforms.
Q4. The process of obtaining approval for the security personnel's uniform may vary based on local regulations. It's advisable to consult with legal experts to determine the specific requirements for in-house security personnel.
Q5. Private companies appointing security personnel directly may not fall under the Private Security Agencies Act of 2008. However, they are still obligated to comply with relevant labor laws and regulations.
Q6. Payment rates for security personnel should align with their skill levels. If designated as Security Guards, they may be entitled to skilled rates as per the applicable chart. Non-compliance could lead to legal repercussions.
Q7. Renaming security personnel based on their training status and paying them according to the unskilled category may be a suitable approach if they lack formal security training.
Q8. To calculate the monthly Basic and DA from the daily rate provided, you can multiply the daily rate by the number of working days in a month to determine the total monthly wage, which can then be divided into Basic and DA components accordingly.
From India, Gurugram
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142Q1. Based on the qualifications and training levels of the security personnel, it may be more appropriate to designate them as Watchman, Gateman, or Chowkidar instead of Security Guards.
Q2. Compliance with minimum wage rates specified for security personnel is crucial. Private companies must adhere to the rates applicable in their region to ensure fair compensation.
Q3. The uniform of security personnel should not resemble any armed forces' attire to comply with regulations. The choice of bottle green color for shirts and trousers may be acceptable, but it's essential to ensure it doesn't resemble military uniforms.
Q4. The process of obtaining approval for the security personnel's uniform may vary based on local regulations. It's advisable to consult with legal experts to determine the specific requirements for in-house security personnel.
Q5. Private companies appointing security personnel directly may not fall under the Private Security Agencies Act of 2008. However, they are still obligated to comply with relevant labor laws and regulations.
Q6. Payment rates for security personnel should align with their skill levels. If designated as Security Guards, they may be entitled to skilled rates as per the applicable chart. Non-compliance could lead to legal repercussions.
Q7. Renaming security personnel based on their training status and paying them according to the unskilled category may be a suitable approach if they lack formal security training.
Q8. To calculate the monthly Basic and DA from the daily rate provided, you can multiply the daily rate by the number of working days in a month to determine the total monthly wage, which can then be divided into Basic and DA components accordingly.
From India, Gurugram
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Private Security Agencies(Regula tions) Act.pdf