Security Contractor wants double Pay for Independence Day

Our security contractor wants double pay for Independence Day. Is that given or not?

For the security personnel on duty on Independence Day, double payment is necessary. Please get a full understanding of the National Holidays Act applicable to you. Ask the contractor to provide you with the government notification regarding this matter.

You have to give pay for Independence Day as well as double payment for work on that day.

Every employee works for 6 days in a week and avails the 7th day as a weekly holiday. General workers have a fixed day in a week as a weekly holiday, for example, Sunday. Security and maintenance have a staggered weekly holiday. If a declared paid holiday falls on the weekly holiday of the employee, whether regular or staggered, he gets 1 day's wage in addition to his daily wage if he is entitled. In some cases, workers are monthly rated. They receive only one day's wage for a paid holiday with no overtime rate.

In the case of a contractor, he is given a job to perform. The wages the contractor pays to his workers are his responsibility, subject to minimum wages. The contractor is to deliver the results within the agreed time. There is no question of payment of extra or overtime wages for a paid holiday. The principal employer does not need to be concerned.

If I am the Personnel Officer of the Contractor, the rules of permanent workers do not apply to my workers. They are paid on a daily basis. Paid holiday is a luxury for permanent workers. Contract workers will receive wages for the day they work. If the establishment is closed for a paid holiday, the contract workers will not come to work. So, in either case, there is no problem.

Vibhakar Ramtirthkar.

Human beings are not machines. They have emotions, feelings, and engage in social activities. As per the law, any failure on the part of the contractor will be the responsibility of the Principal Employer (PE) (Minimum wages, PF & ESI contributions, OT as per rules, leave as per rules, etc.).

In the current scenario, the security contractor is providing Security Guards, Supervisors, etc., for 24x7 coverage. It is common practice that where guards are employed, they are entitled to paid festival holidays when the organization is closed for such holidays or as per the Security agency's policy. Under no circumstances can the PE avoid compliance responsibility if the contractor fails to comply. Large industrial establishments like Steel Plants, Cement Plants, etc., have a contract labor cell solely for monitoring the contractor's compliance status when contract laborers enter and work at the PE's premises.

In my opinion, contract laborers should be treated as human beings, and the PE should be vigilant about the contractor's compliance status.

In the present situation, security guards who were on duty on 15th August must receive overtime pay from the Security agency as per the contractual terms and conditions between the Contractor and PE. Two national holidays are mandatory for every state – 15th August and 26th January, and anyone working on these days must receive overtime pay.

S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in USD HR Solutions – To strive towards excellence with effort and integrity

Section 21(4) of the CLRA Act, 1970 enjoins vicarious liability for payment of wages, overtime wages, and festival holidays wages.

Further, the Supreme Court held in its judgment in B.H.E.L Workers Union, Haridwar & Others v Union of India that no particular distinction should be made only on the basis of the contract labor. Contract labor is entitled to the same wages, holidays, hours of work, and conditions of service as applicable to workmen directly employed by the principal employer of the establishment on the same or similar conditions of work.

As rightly pointed out by Mr. S K Bandyopadhyay, the security guards who were on duty for 15th August must get a similar wage calculated as being calculated for permanent workmen.

Any worker who worked on a notified holiday shall be paid additional pay as per statute. No discrimination shall be shown whether permanent, temporary, contract, etc. Any worker fulfilling the preconditions for eligibility shall be paid.

However, if the PE incorporates holiday pay in terms of contract and wage rates, then it is the responsibility of the contractor; otherwise, the PE shall pay.