Private Security Sector What workers and employers should know about minimum wages and conditions of employment. The Department of Labour has made a law which regulates the conditions of employment and minimum wages in the Private Security Sector. • • • • This law is called the Sectoral Determination for the Private Security Sector that came into effect on 10 December 2001 Employers are required to pay the minimum wage as prescribed in the Sectoral Determination as from the 1 September 2009 This document briefly covers some of the most important provisions in the Sectoral Determination A copy of the Sectoral Determination is available from the Government Printers or the Department of Labour and also on the Department’s website: www.labour.gov.za What is the purpose of the Sectoral Determination? The Sectoral Determination lays down conditions of employment for the Private Security Sector such as hours of work, leave, particulars of employment and termination of employment. It also prescribes the minimum wage employers are required to pay. Application Who is covered? Every worker in the Private Security Sector: • • • Who guards or protects fixed property, premises, goods, people or workers, including monitoring and responding to alarms at premises which are guarded by people or by electronic means and car guards Administrative staff are also covered by this sectoral determination; and Independent contractors who are doing private security work. Who is not covered by the Sectoral Determination? • A manager who is in charge of supervising workers; and • Any employer who is covered by a bargaining council. Minimum Wages What does the law say about wages? The law says that all workers in the Private Security Sector should be paid the minimum wage as per Table 1. 2 Private Security AREA 1 Bloemfontein, East London, Kimberley, Klerksdorp, Pietermaritzburg, Somerset West, Stellenbosch and Strand. AREA 2 Odendaalsrus, Potchefstroom, Virginia, Welkom and Witbank. AREA 3 All other areas. AREA 4 Monthly Salary Rates for Year 1 (with effect from 1 September 2009) Table1: Minimum wages for the Private Security Sector In the Magisterial Districts of Alberton, Bellville, Benoni, Boksburg, Brakpan, Camperdown, Chatsworth, Durban, Germiston, Goodwood, Inanda, Johannesburg, Kempton Park, Krugersdorp, Kuils River, Mitchell’s Plain, Nigel, Oberholzer, Paarl, Pinetown, Port Elizabeth, Pretoria, Randburg, Randfontein, Roodepoort, Sasolburg, Simon’s Town, Springs, The Cape, Uitenhage, Vanderbijlpark, Vereeniging, Westonaria, Wonderboom and Wynberg. R 1,701 R 9.45 R 8.72 R 15.85 Hourly equivalent R 9.44 R 3,089 Monthly salary R 1,841 R 1,980 R 1,843 R 17.99 R 8.01 Hourly equivalent R 1,562 R 8.36 R 8.17 R 8.94 R 11.19 R 10.28 R 3,508 R 18.75 R 8.51 R 1,631 R 1,594 Monthly salary R 3,656 R 1,660 R 8.97 R 8.70 Monthly salary Hourly equivalent R 9.41 R 1,749 R 1,697 R 1,743 R 2,183 R 2,005 R 20.60 R 1,835 R 9.87 R 9.60 Hourly equivalent R 10.26 R 1,925 R 1,872 R 11.21 R 10.64 R 10.06 R 4,017 R 2,001 R 10.74 R 10.51 Monthly salary During the first year of experience R 2,095 R 2,050 Artisan During the second year of experience R 2,186 R 2,075 R 1,962 Clerk Clerical Assistant Thereafter During the first year of experience R 13.11 R 12.21 R 8.39 R 10.15 R 2,557 R 1,636 R 9.74 R 9.25 R 10.85 R 9.08 R 1,899 R 1,804 R 2,116 R 1,770 R 10.73 R 10.09 R 12.01 R 2,381 R 2,342 During the third year of experience R 11.53 R 10.01 R 2,093 R 1,967 R 2,248 R 1,952 R 11.66 R 11.01 R 14.09 R 10.80 R 2,274 R 2,147 As for a clerical assistant As for relevant security officer grading R 2,106 R 12.61 R 11.92 R 2,748 During the second year of experience Thereafter Controller Control or Communication Centre Operator Light motor vehicle R 2,469 R 2,325 Driver of a - Heavy motor vehicle Medium motor vehicle Thereafter During the first six months service with the same employer R 2,332 R 1,717 R 1,639 R 13.88 R 16.03 R 11.96 R 8.81 R 8.41 R 2,633 R 3,047 R 2,160 R 1,586 R 1,504 R 12.66 R 14.65 R 11.08 R 8.13 R 7.71 R 2,577 R 2,766 R 1,989 R 1,425 R 1,349 R 11.43 R 13.30 R 10.20 R 7.31 R 6.92 R 2,213 R 2,577 R 1,817 R 1,355 R 1,283 R 10.64 R 12.39 R 9.32 R 6.95 R 6.58 General Worker Handyman R 2,887 R 3,334 R 1,824 R 1,968 R 8.77 R 9.46 R 1,704 R 1,849 R 8.19 R 8.89 Security Officer Grade B Grade A R 9.65 R 10.48 R 8.18 R 7.89 R 2,007 R 1,596 R 1,641 R 2,180 R 8.62 R 8.38 R 10.55 R 1,680 R 1,743 R 11.38 R 9.54 R 9.27 R 2,195 R 1,860 R 1,928 R 2,367 R 10.38 R 10.10 Grade D R 2,024 R 2,101 Grade C Workers not elsewhere specified Grade E Maximum permissible working hours per week for each respective category of workers, subject to clause 5(2), with regard to averaging of working hours. 45 45 45 48 45 45 45 45 48 45 Private Security 3 Other important provisions affecting wages Monthly salary rates for 1 September 2010 [1] [2] [3] [4] 4 Grade E Security Officers will be incorporated into Grade D. The increase for Security Officers Grade D in all areas will be calculated by adding the annualised Consumer Price Index plus 2% (two per cent) to the Grade D salary rates as from 1 September 2010, with a minimum increase of 7.25% (seven and a quarter percent) for such entry levels. The increase for the entry level for all other categories of workers will be calculated by adding the annualised Consumer Price Index plus 2% (two per cent) to the salary rates as from 1 September 2010, with a minimum increase of 7.25% (seven and a quarter percent) for such entry levels. The increase for all higher grades or levels for all categories will be calculated by adding the Rand value of the entry levels applicable to each category to the Year 1 salary levels for all such higher grades or levels. Private Security Monthly salary rates for 1 September 2011 [1] [2] [3] [4] Area 4 will be abolished and incorporated into Area 3. The increase for Security Officers Grade D in all areas will be calculated by adding the annualised Consumer Price Index plus 2% (two per cent) to the Grade D salary rates as from 1 September 2011, with a minimum increase of 7% (seven percent) for such entry levels. The increase for the entry level for all other categories of employees will be calculated by adding the annualised Consumer Price Index plus 2% (two per cent) to the salary rates as from 1 September 2011. The increase for all higher grades or levels for all categories will be calculated by adding the Rand value of the entry levels applicable to each category to the Year 2 salary levels for all such higher grades or levels. Note to Year 2 and Year 3 tables, above: The term “entry level” refers to the lowest remuneration level in each specified category of workers referred to in the salary tables, as for Year 1. NB!! It is an unfair labour practice to reduce the wages of a worker in the Private Security Sector who earns more than the prescribed wage. Private Security 5 Calculation of wages Wages are calculated using ordinary hours of work • Daily wage divided by ordinary hours worked in a day = hourly wage • Weekly wage divided by ordinary weekly hours = hourly wage • Monthly wage divided by 4.333 = weekly wage. Payment of wages Must be paid: • In South African currency • In cash or cheque or direct payment in the bank account • Daily, weekly, fortnightly or monthly • At the workplace during working hours • On a normal pay day agreed to by the worker; and • Within 48 hours of termination of employment. Information concerning wages Every worker must receive, on payday, a payslip showing: • • • • • • • • • • • Employer’s name and address Worker’s name and occupation Period of payment Worker’s wage and overtime Hours worked Overtime worked Hours worked and pay for Sunday and Public Holidays Wage Any other pay Deductions Net payment. The payslip is the property of the worker. Spares or Relievers Should be employed on a full time basis and they should be paid the amount that they would have ordinarily earned even if they have not been placed in a post. 6 Private Security Prohibited acts concerning pay Permissible deductions • • • • • • Medical insurance Savings Pension or provident fund Trade union subscription Order of account payment to a registered financial institution Loan which will not exceed one third of the total remuneration. What the law says about deductions Deductions not allowed • • • • Amount greater than the actual remuneration received Uniform Protective clothing and weapons Training provided. Allowances Night shift allowance If the night shift falls between 18:00 and 06:00 the next day, the worker shall receive an allowance as follows: • R4.00 per shift as from 1 September 2009 • R5.00 per shift as from 1 September 2010. Special allowance A worker who works as a mobile supervisor, armed security officer, armed response officer, national key point officer and control centre operator are entitled to the special allowance or R5.50 per shift. Transfer allowance An employer shall pay a security officer a transfer allowance of not less than R100 provided that: a) The transfer is permanent and the worker is entitled to a transfer allowance for a period of not less than 12 months. b) The transfer is for a period exceeding six months but not exceeding 12 months. c) The site is more than 250 kilometers away. d) Except transfer arising from alternative employment by the employer or as a result of a worker’s request. Private Security 7 Conditions of employment [Written Particulars of Employment] An employer must supply a worker with the following: • • • • • • • • • • • • • Full name and address of the employer Name and occupation of the worker or brief description of work Various places of work Date of employment Ordinary hours of work and days of work Wage or the rate and method of payment The rate of pay for overtime work Any other cash payments Any payment in kind and the value thereof How frequently wages will be paid Any deductions Leave entitlement The period of notice to terminate employment. Hours of work How many ordinary hours of work in the Security Industry • A security officer should not work more than 48 hours per week • Other workers should not work more than 45 hours per week. Overtime • • • Can only be worked by agreement concluded by the employer and the worker Not more than three hours per day Not more than 10 hours per week. Payment of overtime • • • • 8 Overtime should be paid at one-and-a-half times the worker’s wage for overtime worked An agreement may provide for an employer to pay a worker not less than the ordinary wage for overtime worked and give the worker at least 30 minutes time off on full pay for each hour worked; or Give a worker at least 90 minutes paid time off for each hour worked Paid time off should be given within one month of a worker becoming entitled to it, however an agreement in writing may increase this period to 12 months. Private Security Rest period An employer must give a worker: • • • • A daily rest period of at least 12 consecutive hours between ending work and starting work the next day A written agreement could lessen it to 10 hours if the worker lives on the premises at which the workplace is situated and whose meal interval lasts for at least three hours A weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include a Sunday A written agreement may also provide for a rest period of at least 60 consecutive hours every second week. Meal intervals • • • A worker must have a meal interval of one hour after five hours of continuous work A worker can only perform duties that cannot be left unattended and cannot be performed by another worker and must be paid for such work No deduction shall be made in respect of a meal interval to reduce the monthly salary. Annual bonus • Every security officer shall be paid an annual bonus as provided for in the Sectoral Determination. Public holiday • • • Can only be worked per agreement If the public holiday falls on the day on which a worker would ordinarily work, an employer must pay the worker who does not work at least the normal wage for that day If a worker works on the public holiday, the worker must be paid at least double the rate for that day worked. Leave What type of leave is a worker entitled to? • Five types of leave: Ordinary annual leave, sick leave, family responsibility leave, maternity leave and study leave. Private Security 9 Annual leave How many days are workers entitled to? • Workers are entitled to 21 consecutive days of leave per annum What happens if a public holiday falls within the annual leave cycle? • An extra day’s paid leave should be granted. Sick leave What is important to note regarding sick leave? • The sick leave cycle is 36 months based on the number of days worked over a six-week period. Example: An employee works 5 days per week. Sick leave days per cycle are 5 X 6 (number of weeks) = 30 days per three-year cycle Note: The employer may request a medical certificate when a worker is absent for more than two consecutive days, or twice during an eight-week period. Family responsibility leave What is family responsibility leave? • It is leave granted for specific family related matters. Who qualifies for this type of leave? • • Workers who have been employed by an employer for longer than four months; and who works on at least four days a week for that employer are entitled to three days family responsibility leave during an annual leave cycle Family responsibility leave shall increase to four days in September 2010. When may this leave be taken? • This leave may be taken for the birth of a child, when a child is sick or when a spouse, parent, adoptive parent, grandparent, adoptive child, child, grandchild, brother or sister dies. 10 Private Security Maternity leave What are the key issues relating to maternity leave? • • • Maternity leave is a four-month period, which starts four weeks before the expected date of birth An employer must pay a female security officer, who has been in the service with the same employer for a period of not less than three years, 34% of her basic salary during maternity leave as a supplement to her Unemployment Insurance Fund (UIF) payment A worker may only resume work six weeks after the birth of a child; unless a medical practitioner certifies that the worker may begin work. Note: • Where possible, notice of leave and date of return to work must be provided before the leave begins. Study leave • Every worker with a minimum of one year uninterrupted employment with the same employer is entitled to six days paid study leave in a year, in respect of any study at a tertiary establishment. Service benefits Each security officer shall upon completion of the following uninterrupted service with the same employer, calculated from 19 February 2007, and is entitled to a once-off payment as follows: a) R500 after five years. b) R1 000 after 10 years. c) R5 000 after 20 years. Weapons, uniforms, overalls and protective clothing • • • An employer must provide free of charge any weapon, ammunition tool, whistle or other equipment which a security officer requires to use for self-defence or apprehension Provide, free of charge, two sets of daily washable uniform items, as well as any other protective clothing which a worker is required by any law to provide for a worker An employer shall pay a worker a R15-00 cleaning allowance which is not payable during period of absence. Private Security 11 Temporary employment service, labour brokers and independent contractors Employers shall abide by the provisions of the Labour Relations Act, No. 66 of 1995, as amended. No employer may use the service of a temporary employment service, labour brokers or independent contractors unless the temporary employment service, labour broker or independent contractor provides the employer with satisfactory proof that it is in compliance with: a) b) c) d) e) Sectoral Determination 6 Unemployment Insurance Act Compensation for Occupational Injuries and Diseases Act South African Revenue Service and in possession of an IT30 tax certificate The rules of the Private Security Provident Fund. Provident Fund Every worker in the Private Security Sector should be a member of the Private Security Provident Fund. A worker will contribute 6.5% of the basic salary to the Fund and the employer will contribute 6.5% to the Fund. In September 2010, both parties must contribute 7% and in September 2011 both parties shall contribute 7.5%. Waiting period • • New workers and workers who have been out of the sector for more than six months of service are subjected to a four-month waiting period before joining the Provident Fund Workers with at least four months uninterrupted service in the security industry not necessarily with the same employer, shall join the fund immediately after joining the new employer. Prohibition of child labour and forced labour • • • • 12 No person may employ a child in the Private Security Sector who is under 15 years of age Who is under the minimum school-leaving age No person may employ a child in employment that is inappropriate for a person of that age; or that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development All forced labour is prohibited. Private Security Termination of employment How should termination of employment be conducted? • • • Either party may terminate the contract of service. If a worker worked for six months or less, one weeks’ notice must be given If the worker has been employed for more than six months but not more than a year, two weeks’ notice must be given If the worker has been employed for one year or more, four weeks’ notice must be given. N.B. Notice must be given in writing, except when it is given by an illiterate worker. Note: The employer may not give notice during a leave period or let it run at the same time with any period of leave, except sick leave. Payment instead of notice may be paid, provided it is equal to the period of notice. Payment on termination On termination an employer should pay: • • • • All outstanding monies due Accrued annual leave Any time-off not granted One weeks’ severance pay for every completed year of service if the employer terminates service BASED ON OPERATIONAL REQUIREMENTS. Certificate of Service The employer must give the worker a Certificate of Service on termination of employment. The following should be indicated on the certificate: • • • • • • • • The full name of the worker The name and address of the employer The date the worker started working The date the work ended A description of the work Any training provided The wage received The reason for leaving (if the worker wants it included). Private Security 13 Records What records must be kept? • • An employer is required to give the worker a payslip and written particulars of employment Attendance registers should be kept, unless there is an agreement to the contrary. General provisions Keeping of the Sectoral Determination Every employer on whom this Sectoral Determination is binding must keep a copy of the Sectoral Determination or an official summary, available in the workplace in a place to which the workers have access. Enquiries can be directed to: Department of Labour Head Office Employment Standards Private Bag X 117 Pretoria 0001 14 Private Security Provincial Offices of the Department of Labour Eastern Cape East London Tel: (043) 701 3000 Limpopo Polokwane Tel: (015) 290 1744 Free State Bloemfontein Tel: (051) 505 6200 Mpumalanga Witbank Tel: (013) 655 8700 Gauteng North Pretoria Tel: (012) 309 5000 North West Mmabatho Tel: (018) 387 8100 Gauteng South Johannesburg Tel: (011) 853 0300 Northern Cape Kimberley Tel: (053) 838 1500 KwaZulu-Natal Durban Tel: (031) 366 2000 Western Cape Cape Town Tel: (021) 441 8000 Welkom Zastron Tel: (057) 391 0200 Tel: (051) 673 1471 Labour Centres of the Department of Labour Eastern Cape Aliwal North Butterworth Cradock East London Fort Beaufort Graaf-Reinet Grahamstown King William’s Town Lusikisiki Maclear Mdantsane Mount Ayliff Mthatha Port Elizabeth Queenstown Uitenhage Tel: (051) 633 2633 Tel: (047) 491 0656 Tel: (048) 881 3010 Tel: (043) 702 7500 Tel: (046) 645 4686 Tel: (049) 892 2142 Tel: (046) 622 2104 Tel: (043) 643 4756 Tel: (039) 253 1996 Tel: (045) 932 1424 Tel: (043) 761 3151 Tel: (039) 254 0282 Tel: (047) 501 5600 Tel: (041) 582 4472 Tel: (045) 807 5400 Tel: (041) 992 4627 Free State Bethlehem Bloemfontein Botshabelo Ficksburg Harrismith Kroonstad Petrusburg Phuthaditjhaba Sasolburg Soshanguve Temba Tel: (058) 303 5293 Tel: (051) 505 6201 Tel: (051) 534 3789 Tel: (051) 933 2299 Tel: (058) 623 2977 Tel: (056) 215 1812 Tel: (053) 574 0932 Tel: (058) 713 0373 Tel: (016) 970 3200 Tel: (012) 799 7400 Tel: (012) 717 9500 Gauteng North Atteridgeville Bronkhorstspruit Garankuwa Krugersdorp Mamelodi Pretoria Randfontein Tel: (012) 386 5116 Tel: (013) 932 0197 Tel: (012) 702 4525 Tel: (011) 955 4420 Tel: (012) 805 5090 Tel: (012) 309 5050 Tel: (011) 693 3618 Gauteng South Alberton Benoni Boksburg Brakpan Carletonville Germiston Johannesburg Kempton Park Nigel Randburg Roodepoort Sandton Sebokeng Soweto Springs Vanderbijlpark Vereeniging Tel: (011) 861 6130 Tel: (011) 747 9601 Tel: (011) 898 3340 Tel: (011) 744 9000 Tel: (018) 788 3281 Tel: (011) 345 6300 Tel: (011) 497 3000 Tel: (011) 975 9301 Tel: (011) 814 7095 Tel: (011) 781 8144 Tel: (011) 766 2000 Tel: (011) 444 7631 Tel: (016) 592 3825 Tel: (011) 939 1200 Tel: (011) 365 3700 Tel: (016) 981 0280 Tel: (016) 430 0000 Private Security 15 KwaZulu-Natal Dundee Durban Estcourt Kokstad Ladysmitah Newcastle Pietermaritzburg Pinetown Port Shepstone Prospecton Richards Bay Richmond Stanger Ulundi Verulam Vryheid Tel: (034) 212 3147 Tel: (031) 336 1500 Tel: (036) 352 2161 Tel: (039) 727 2140 Tel: (036) 638 1900 Tel: (034) 312 6038 Tel: (033) 341 5300 Tel: (031) 701 7740 Tel: (039) 682 2406 Tel: (031) 913 9700 Tel: (035) 780 8700 Tel: (033) 212 2768 Tel: (032) 551 4291 Tel: (035) 879 1439 Tel: (032) 541 5600 Tel: (034) 980 8992 Limpopo Giyani Jane Furse Lebowakgomo Lephalale Makhado Modimolle Mokopani Phalaborwa Polokwane Seshego Thohoyandou Tzaneen Tel: (015) 812 9041 Tel: (013) 265 7210 Tel: (015) 633 9360 Tel: (014) 763 2162 Tel: (015) 516 0207 Tel: (014) 717 1046 Tel: (015) 491 5973 Tel: (015) 781 5114 Tel: (015) 299 5000 Tel: (015) 223 7020 Tel: (015) 960 1300 Tel: (015) 306 2600 Mpumalanga Baberton Bethal Carolina Eerstehoek eMalahleni / Witbank Ermelo Groblersdal Kwamhlanga KaMhlushwa Lydenburg Tel: (013) 712 3066 Tel: (017) 647 5212 Tel: (017) 843 1077 Tel: (017) 883 2414 Tel: (013) 653 3800 Tel: (017) 819 7632 Tel: (013) 262 3150 Tel: (013) 947 3173 Tel: (013) 785 0010 Tel: (013) 235 2368 Middelburg Nelspruit Piet Retief Sabie Secunda Standerton Volksrust Tel: (013) 283 3600 Tel: (013) 753 2844 Tel: (017) 826 1883 Tel: (013) 764 2105 Tel: (017) 631 2594 Tel: (017) 712 1351 Tel: (017) 735 2994 Northern Cape Calvinia De Aar Kimberley Kuruman Postmasburg Springbok Upington Tel: (027) 341 1280 Tel: (053) 631 0952 Tel: (053) 838 1500 Tel: (053) 712 3952 Tel: (053) 313 0641 Tel: (027) 718 1058 Tel: (054) 331 1752 North West Brits Christiana Klerksdorp Lichtenburg Mafikeng Mogwase Potchefstroom Rustenburg Taung Vryburg Tel: (012) 252 3068 Tel: (053) 441 2120 Tel: (018) 464 8700 Tel: (018) 632 4323 Tel: (018) 381 1010 Tel: (014) 555 5693 Tel: (018) 297 5100 Tel: (014) 592 8214 Tel: (053) 994 1710 Tel: (053) 927 5221 Western Cape Beaufort West Bellville Cape Town George Knysna Mitchell’s Plain Mossel Bay Oudtshoorn Paarl Somerset West Vredenburg Worcester Tel: (023) 414 3427 Tel: (021) 941 7000 Tel: (021) 468 5500 Tel: (044) 801 1201 Tel: (044) 382 3150 Tel: (021) 391 0591 Tel: (044) 691 1140 Tel: (044) 272 4370 Tel: (021) 872 2020 Tel: (021) 852 2535 Tel: (022) 715 1627 Tel: (023) 347 0152 (English) Layout and design by the Design Studio (Nontembiso Kgatle) Directorate of Communication, Department of Labour. Website: www.labour.gov.za