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ganapathy-v
1

Dear Sir,

Hope all are safe and staying at Home.

We seek your valuable opinion on the following issue.

1.We have entered with a contractor for providing Manpower for security services.

2. Wages and No. of Manpower negotiated before entering agreement.

3. As per Agreement

Description Per Head/Per Month Per Shift of 8 hours No. of persons.



Security Guard Rs.15,950/- Per Shift of 8 hours 9 persons.

Per shift 3 persons for 3 shifts per shift of 8 hours

But the security persons for working for 12 hours and the contractor has employed only 6 persons instead of 9 persons as per agreement. ( 3 x 8 hrs = 24 hrs. operating 2 x 12 hrs = hrs)

But billing for 3 persons as per agreement ie Rs.15,950/- x 3 He is giving OT. But the CTC includes the Indirect amount from the Employer ie PF 13% (ESI 3.75% adjusted in OT amount), Gratuity, Leave Salary, N/F Holidays, Bonus and Service charges. The 3rd persons indirect amount claimed from the employer has retained by the contractor including Service charges. While asking for the clarifications the contractor said it Industrial Practice. We are providing Security Services for 24 hours. But our Query is the contractor has not provided Manpower as per agreement ie 3 persons and operating with 2 security persons for 12 hrs.

We seek you clarifications on the same.

Regards,

Ganapathy V

From India
nathrao
3131

Ask the contractor to follow security contract arrangements strictly.
Once in a way doing this arrangement is ok.
Over working people will be bad for security.
Alertness of guards will be affected.
Give him a warning in writing.
As PE remember there are OT limits for guards.

From India, Pune
panchsen
49

The security contractor,'s contentions are unjustified and against the letter and spirit of the agreement.
Please write to him unless he provides 3 men per shift of ,8 hours duration per day involving an aggregate total of 9 men with their names and other details within a specified period say 3 days, the contract will be terminated with due notice as agreement.
You as PE will be held responsible for violation of CLRA proviso, for allowing Security personnel to work for 22 hours per day ,which will eventually exceed the statutory quota of OT hours per quarter.In any case you are complying with minimum wages and other statutory payments in addition to security service charges to the contractors.
Panchsen
P.Senthilkumar

9884009193

From India, Chennai
loginmiraclelogistics
1073

Hi Ganapathy,
Your experience is one of the many recurring & common problems being faced by PE, especially with security contract. This way only the contractors try to manage their margins/service charges. As you know, there exists cut throat competition in this activity and most of the quotes will be with negligible Service charges/Commission in order to remain competitive and there is nothing to cover as the Minimum wages the criteria for evaluation. Members have suggested follow up action what's possible. You should judge by the grade & effective services being rendered by the agency. What's important is to safe guard against any claims for non-compliance of legal provisions & legitimate remuneration for OT/holiday wages, bonus etc. that liabilities ultimately might accrue to the PE.

From India, Bangalore
aniketgosavi
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From India, Mumbai
rkn61
625

If the contract agreement says Security personnel @ 3 nos/shift for 8 hours duty in three shifts, the security contractor need to follow this deploy personnel accordingly.
But If the contractor's deployment of personnel is @ 3 nos guard/shift for 12 hours duty in two shifts
, please amend the agreement accordingly and amendment note should be signed by PE and contractor and file alongwiht the original agreement.

From India, Aizawl
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