ES- Private Security Sector - Department of Labour

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.
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Table1: Minimum wages for the Private Security Sector
Monthly Salary Rates for Year 1 (with effect from 1 September 2009)
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.
AREA 1 AREA 2 AREA 3 AREA 4 Maximum
permissible
Bloemfontein, East London,
Kimberley, Klerksdorp,
Pietermaritzburg, Somerset
West, Stellenbosch and Strand.
Odendaalsrus, Potchefstroom,
Virginia, Welkom and Witbank.
All other areas.
working hours
per week for
each respective
category of
workers, subject
to clause 5(2),
with regard to
averaging of
working hours.
Monthly salary Hourly
equivalent
Monthly salary Hourly
equivalent
Monthly salary Hourly
equivalent
Monthly salary Hourly equivalent
Artisan R 4,017 R 20.60 R 3,656 R 18.75 R 3,508 R 17.99 R 3,089 R 15.85 45
Clerical Assistant
During the first year of experience R 2,001 R 10.26 R 1,835 R 9.41 R 1,660 R 8.51 R 1,562 R 8.01
During the second year of experience R 2,050 R 10.51 R 1,872 R 9.60 R 1,697 R 8.70 R 1,594 R 8.17
45
Thereafter R 2,095 R 10.74 R 1,925 R 9.87 R 1,749 R 8.97 R 1,631 R 8.36
Clerk
During the first year of experience R 2,186 R 11.21 R 1,743 R 8.94 R 1,841 R 9.44 R 1,701 R 8.72
During the second year of experience R 2,381 R 12.21 R 1,962 R 10.06 R 2,005 R 10.28 R 1,843 R 9.45
45
During the third year of experience R 2,557 R 13.11 R 2,075 R 10.64 R 2,183 R 11.19 R 1,980 R 10.15
Thereafter R 2,748 R 14.09 R 2,248 R 11.53 R 2,342 R 12.01 R 2,116 R 10.85
Control or Communication Centre Operator As for relevant security officer grading 48
Controller As for a clerical assistant 45
Driver of a -
Light motor vehicle R 2,106 R 10.80 R 1,952 R 10.01 R 1,770 R 9.08 R 1,636 R 8.39
Medium motor vehicle R 2,325 R 11.92 R 2,147 R 11.01 R 1,967 R 10.09 R 1,804 R 9.25
45
Heavy motor vehicle R 2,469 R 12.61 R 2,274 R 11.66 R 2,093 R 10.73 R 1,899 R 9.74
General Worker
During the first six months service with the same employer R 1,639 R 8.41 R 1,504 R 7.71 R 1,349 R 6.92 R 1,283 R 6.58
45
Thereafter R 1,717 R 8.81 R 1,586 R 8.13 R 1,425 R 7.31 R 1,355 R 6.95
Handyman R 2,332 R 11.96 R 2,160 R 11.08 R 1,989 R 10.20 R 1,817 R 9.32 45
Security Officer
Grade A R 3,334 R 16.03 R 3,047 R 14.65 R 2,766 R 13.30 R 2,577 R 12.39
Grade B R 2,887 R 13.88 R 2,633 R 12.66 R 2,577 R 11.43 R 2,213 R 10.64
Grade C R 2,367 R 11.38 R 2,180 R 10.48 R 1,968 R 9.46 R 1,849 R 8.89
48
Grade D R 2,195 R 10.55 R 2,007 R 9.65 R 1,824 R 8.77 R 1,704 R 8.19
Grade E R 2,101 R 10.10 R 1,928 R 9.27 R 1,743 R 8.38 R 1,641 R 7.89
Workers not elsewhere specified R 2,024 R 10.38 R 1,860 R 9.54 R 1,680 R 8.62 R 1,596 R 8.18 45
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Other important provisions affecting wages
Monthly salary rates for 1 September 2010
[1]
Grade E Security Officers will be incorporated into Grade D.
[2]
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.
[3]
[4]
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.
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Monthly salary rates for 1 September 2011
[1]
Area 4 will be abolished and incorporated into Area 3.
[2]
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.
[3]
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.
[4]
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.
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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.
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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.
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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
• 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.
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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.
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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.
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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.
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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) Sectoral Determination 6
b) Unemployment Insurance Act
c) Compensation for Occupational Injuries and Diseases Act
d) South African Revenue Service and in possession of an IT30 tax certificate
e) 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
• 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.
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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).
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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
Free State
Bloemfontein Tel: (051) 505 6200
Gauteng North
Pretoria Tel: (012) 309 5000
Gauteng South
Johannesburg Tel: (011) 853 0300
KwaZulu-Natal
Durban Tel: (031) 366 2000
Limpopo
Polokwane Tel: (015) 290 1744
Mpumalanga
Witbank Tel: (013) 655 8700
North West
Mmabatho Tel: (018) 387 8100
Northern Cape
Kimberley Tel: (053) 838 1500
Western Cape
Cape Town Tel: (021) 441 8000
Labour Centres of the Department of Labour
Eastern Cape
Aliwal North Tel: (051) 633 2633
Butterworth Tel: (047) 491 0656
Cradock Tel: (048) 881 3010
East London Tel: (043) 702 7500
Fort Beaufort Tel: (046) 645 4686
Graaf-Reinet Tel: (049) 892 2142
Grahamstown Tel: (046) 622 2104
King William’s Tel: (043) 643 4756
Town
Lusikisiki Tel: (039) 253 1996
Maclear Tel: (045) 932 1424
Mdantsane Tel: (043) 761 3151
Mount Ayliff Tel: (039) 254 0282
Mthatha Tel: (047) 501 5600
Port Elizabeth Tel: (041) 582 4472
Queenstown Tel: (045) 807 5400
Uitenhage Tel: (041) 992 4627
Free State
Bethlehem Tel: (058) 303 5293
Bloemfontein Tel: (051) 505 6201
Botshabelo Tel: (051) 534 3789
Ficksburg Tel: (051) 933 2299
Harrismith Tel: (058) 623 2977
Kroonstad Tel: (056) 215 1812
Petrusburg Tel: (053) 574 0932
Phuthaditjhaba Tel: (058) 713 0373
Sasolburg Tel: (016) 970 3200
Soshanguve Tel: (012) 799 7400
Temba Tel: (012) 717 9500
Welkom Tel: (057) 391 0200
Zastron Tel: (051) 673 1471
Gauteng North
Atteridgeville Tel: (012) 386 5116
Bronkhorstspruit Tel: (013) 932 0197
Garankuwa Tel: (012) 702 4525
Krugersdorp Tel: (011) 955 4420
Mamelodi Tel: (012) 805 5090
Pretoria Tel: (012) 309 5050
Randfontein Tel: (011) 693 3618
Gauteng South
Alberton Tel: (011) 861 6130
Benoni Tel: (011) 747 9601
Boksburg Tel: (011) 898 3340
Brakpan Tel: (011) 744 9000
Carletonville Tel: (018) 788 3281
Germiston Tel: (011) 345 6300
Johannesburg Tel: (011) 497 3000
Kempton Park Tel: (011) 975 9301
Nigel Tel: (011) 814 7095
Randburg Tel: (011) 781 8144
Roodepoort Tel: (011) 766 2000
Sandton Tel: (011) 444 7631
Sebokeng Tel: (016) 592 3825
Soweto Tel: (011) 939 1200
Springs Tel: (011) 365 3700
Vanderbijlpark Tel: (016) 981 0280
Vereeniging Tel: (016) 430 0000
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KwaZulu-Natal
Dundee Tel: (034) 212 3147
Durban Tel: (031) 336 1500
Estcourt Tel: (036) 352 2161
Kokstad Tel: (039) 727 2140
Ladysmitah Tel: (036) 638 1900
Newcastle Tel: (034) 312 6038
Pietermaritzburg Tel: (033) 341 5300
Pinetown Tel: (031) 701 7740
Port Shepstone Tel: (039) 682 2406
Prospecton Tel: (031) 913 9700
Richards Bay Tel: (035) 780 8700
Richmond Tel: (033) 212 2768
Stanger Tel: (032) 551 4291
Ulundi Tel: (035) 879 1439
Verulam Tel: (032) 541 5600
Vryheid Tel: (034) 980 8992
Limpopo
Giyani Tel: (015) 812 9041
Jane Furse Tel: (013) 265 7210
Lebowakgomo Tel: (015) 633 9360
Lephalale Tel: (014) 763 2162
Makhado Tel: (015) 516 0207
Modimolle Tel: (014) 717 1046
Mokopani Tel: (015) 491 5973
Phalaborwa Tel: (015) 781 5114
Polokwane Tel: (015) 299 5000
Seshego Tel: (015) 223 7020
Thohoyandou Tel: (015) 960 1300
Tzaneen Tel: (015) 306 2600
Mpumalanga
Baberton Tel: (013) 712 3066
Bethal Tel: (017) 647 5212
Carolina Tel: (017) 843 1077
Eerstehoek Tel: (017) 883 2414
eMalahleni
/ Witbank Tel: (013) 653 3800
Ermelo Tel: (017) 819 7632
Groblersdal Tel: (013) 262 3150
Kwamhlanga Tel: (013) 947 3173
KaMhlushwa Tel: (013) 785 0010
Lydenburg Tel: (013) 235 2368
Middelburg Tel: (013) 283 3600
Nelspruit Tel: (013) 753 2844
Piet Retief Tel: (017) 826 1883
Sabie Tel: (013) 764 2105
Secunda Tel: (017) 631 2594
Standerton Tel: (017) 712 1351
Volksrust Tel: (017) 735 2994
Northern Cape
Calvinia Tel: (027) 341 1280
De Aar Tel: (053) 631 0952
Kimberley Tel: (053) 838 1500
Kuruman Tel: (053) 712 3952
Postmasburg Tel: (053) 313 0641
Springbok Tel: (027) 718 1058
Upington Tel: (054) 331 1752
North West
Brits Tel: (012) 252 3068
Christiana Tel: (053) 441 2120
Klerksdorp Tel: (018) 464 8700
Lichtenburg Tel: (018) 632 4323
Mafikeng Tel: (018) 381 1010
Mogwase Tel: (014) 555 5693
Potchefstroom Tel: (018) 297 5100
Rustenburg Tel: (014) 592 8214
Taung Tel: (053) 994 1710
Vryburg Tel: (053) 927 5221
Western Cape
Beaufort West Tel: (023) 414 3427
Bellville Tel: (021) 941 7000
Cape Town Tel: (021) 468 5500
George Tel: (044) 801 1201
Knysna Tel: (044) 382 3150
Mitchell’s Plain Tel: (021) 391 0591
Mossel Bay Tel: (044) 691 1140
Oudtshoorn Tel: (044) 272 4370
Paarl Tel: (021) 872 2020
Somerset West Tel: (021) 852 2535
Vredenburg Tel: (022) 715 1627
Worcester 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