Budget relief for security industry
by Nihal de Alwis
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The Budget Relief Allowance had been approved for the Private Sector
in the form of a Draft Bill calling it “An Act to provide for the
payment of Budgetary Relief Allowance” by the employers to workers and
for matters connected and with or incidental to. It is learnt that it
has been drafted by the Legal Draftsman’s Department on the instructions
of the Cabinet. The title of this Act according to the Draft Bill will
be (a) “This Act may be cited as the Budgetary Relief Allowance of
Workers’ draft Act of 2015. (2) The provisions of this Act shall be
deemed for all purposes to have come into operation on May 1, 2015. The
Commissioner General shall be the Competent Authority for purposes of
this Act according to Section 2. With regard to the Head of the Draft
Bill called “Payment” Section 3 (1) states with effect from May 1, 2015,
any employer in any industry or service shall in respect of each month
pay to every worker employed a Budgetary Relief Allowance (hereinafter
referred to as “ the Allowance”) calculated on the following basis:
In the case of a workers whose monthly wages or salary is Rs. 40,000
or below, the allowance payable shall be Rs. 1, 500. This includes the
Security Trade.
Section 9 of the Act indicates an Allowance payable to workers under
this Act shall be deemed for all purposes to include:
Contributions to Employees’ Provident Fund, Employees’ Trust Fund and
pension.
Wages or salary of annual holiday or leave
Overtime remunerations
Maternity benefit payment
Gratuity
The proceeds to pay and shall constitute part of the wages or salary
of such worker. Every employer of such worker shall pay such allowance
within the period within which such employee is required by any relevant
written law to pay the wages or salary of such worker.
Obligation of employer
Under Section 5 (1) the employer of a worker in any industry or
service shall from and after the date of the coming into operation of
the Act, maintain and keep in the premises in which that industry or
service is carried on a register setting out –the name of each worker.
The class of work performed by each worker
The amount paid to each worker as an allowance in accordance with the
provisions of the Act. It is imperative that such registers are
preserved for a period of six years by the employer and subject to
inspection by the Commissioner General of Labour or any other designated
person by him.
Emoluments - According to this is a Rs. 1,500 increase –
If a Security Company calculates according to the provisions of the
Act including, EPF, ETF, Gratuity, overtime etc., approximately a sum of
Rs.5,100 will be the increase for a month per Security Officer and if it
is to be from retrospective effect as from 01st May, 2015, for eight
months, the cost to be borne by the Security Company will be Rs.40,800
(per Security Officer) and if this Security Company has 100 employees he
will have to pay Rs. Four million eight hundred thousand for eight
months. A client will definitely refuse to make such payment from
retrospective effect due to the following reasons:
Firstly, the contract the security company has had with the client
had been for a different fee.
Secondly the client has been invoiced from May till December by the
security company for the services and the amount has been already
settled by the client.
Thirdly, the client has to be given prior notice of such an increase
so that their company could have budgeted their expenses accordingly.
Fourthly, Ii any client is not in the services of ones company as
from October 2015, no client will agree to pay as the contract with the
Client indicates the Security Company has no more dealings and therefore
the security company has no right to claim from an ex Client.
Fifthly, under these circumstances those employees who have already
left the services of the Company and whose gratuity has been paid and
who have worked till November 2015, will also claim their dues. How does
one settle such dues? What a calamity?
There are about one hundred thousand employees involved in Industrial
Security in this country, and the Industrial Security Foundation will, I
am sure be more than happy including most employees of Security
Companies to pay a minimum wage of Rs,.30,000/- to a Security Guard who
performs 9 hours with one hour lunch break. Such an increase will
certainly help the Security Trade to recruit better personnel and ensure
that there is continuity of employment by the Security Officers creating
better opportunities and enhancing the quality of Security Services. It
is unfortunate that this increase has been created with retrospective
effect without enforcing it as from January 2016 or May 2016.
The Security Trade headed by the Industrial Security Foundation
incorporated by Act No.51 of 1999 along with its president and some of
us have brought this to the notice of the Minister the impediment caused
by such impractical salary increase and to the Commissioner of Labour.
We are confident consequent to the speech made by the Prime Minister in
Parliament on December 14, that sanity will prevail in implementing this
Budget Relief Allowance before it is implemented as it is still in draft
stage. We certainly hope the Cabinet of Ministers and Members of
Parliament will look at this budget review allowance in a sensible
manner in its implementation as the Security trade is more than happy
about this increase but we are only perturbed about it being brought
into effect retrospectively rather than be brought forward so that
sufficient time is given to the security companies to negotiate with
their clients thus ensuring a smooth and effective increase to the
security officer eventually benefitting the trade and the customer
alike.
The author is Fellow of the Industrial Security Foundation (Inc. )
Ex President of the ISF |