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
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1From India, undefined
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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?
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
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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
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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
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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
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There is no bar on keeping the same security personnel for more than 1 year. What needs to be watched out for is that security personnel should not be allowed to develop any close links with permanent staff and visitors, as this could hinder their duties. However, yearly changes are not ideal and would involve teaching new people about the place and their roles. It is advisable to rotate some personnel once every 3 years.
As far as facility management personnel are concerned, there is no need to rotate them since they would be familiar with the issues, processes, and positions of all mains, equipment, etc.
Regarding the role of security personnel, is it limited to routine office security or does it entail more responsibilities?
From India, Pune
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As far as facility management personnel are concerned, there is no need to rotate them since they would be familiar with the issues, processes, and positions of all mains, equipment, etc.
Regarding the role of security personnel, is it limited to routine office security or does it entail more responsibilities?
From India, Pune
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It is matter of company policy and the confidentiality.It has got nothing to do with period of replacement etc.
From India, Vadodara
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From India, Vadodara
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Was this confidentialty clause informed to Security agency while entering into contract?
From India, Pune
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From India, Pune
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The private security agencies act/scheme and the relevant state act clearly define that all the 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.
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
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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
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Karnataka M.W for Security Personnel.pdf