Christiaan Oelofse, the CEO of the National Bargaining Council Private Security Sector (NBCPSS), outlines the minimum legal requirements for a private security company to be legally compliant.
- NBCPSS: deals with labour issues specifically all matters relating to terms and conditions of employment in the sector like salaries, benefits and more. The NBCPSS is also dealing with all dispute resolution matters and complaints within the sector. The NBCPSS is funded by levies collected from its members- as set out in the Main Collective Agreement (MCA) and the levy agreement as published and promulgated and extended to non-parties. Companies that are not registered with the council are in contravention of the 2019 statutory obligations that came into effect in March 2020 and renewed for a period of a further four years as of March 2023.
The agreement is binding on all security service providers, as well as those consumers employing their own ‘in-house’ security officers, even for those who are not registered and contributing levies to the NBCPSS. In the years preceding this, progress made has meant there has been no strike action in the sector since 2006.
Under the NBCPSS are the following mandatory requirements:
- Salaries: Depending on the grade of the member, there are minimum salaries as set out in the MCA.
There can be some variables on earnings, but broadly, if there has been no absenteeism, and considering members must be paid against set-out monthly salaries (payment by the hour is no longer allowed, despite hours worked), here is a basic breakdown of some personnel – depending on qualifications and duties being performed, in urban areas:
- Grade A: R6 907
- Grade B: R6 330
- Grade C: R5 726
Tony Botes, who is the national administrator for the Security Association of South Africa (SASA), said, “Exploitation of employees is rampant in the industry, something we are trying to tackle.”
- Independent contractors: These are deemed to be full-time employees and are remunerated accordingly in terms of the MCA. Members must be South African and must be registered with PSIRA to which the company pays a small levy every month and the security officer annually.
- The Private Security Sector Provident Fund (PSSPF) membership is compulsory: In some circumstances, an exemption can be granted if a letter of exemption and proof of registration with another fund is provided and is available for scrutiny. This falls under the bargaining council as it pertains to terms of employment.
- Medical insurance: This is provided by Affinity Health and is not to be confused with a workman’s compensation. This ensures that the member who contributes along with the employer has access to basic medical assistance, like visiting an optometrist, hospitalisation, cancer treatments, and more. If a member is with another medical scheme, an exemption may be sought if the benefits match or exceed the coverage of Anfinity Health.
- Training: Can the company guarantee that its members are deployed to only carry out activities in homes or businesses to which they have been specifically trained and expected to perform?
The Private Security Industry Regulating Authority (PSIRA) is the other main regulating body: It is the regulating authority that ensures standardised training requirements, firearms licences, uniforms, and other regulations are consistent.
- Public liability: This covers the company from legal responsibility for injuries or property damage caused by its business activities. It is important to note that, in terms of the PSIRA legislation, no security service provider may contract out of vicarious liability or in any way limit such liability.
PSIRA or any individual can report a security business or in-house employer to the bargaining council if a company is not paying minimum salaries, for example. Likewise, if a company is found to not be operating legally by the council, they too can report them to PSIRA.
Read the first part here:
Have you ever thought to check if your private security company is compliant?
Spokesperson for PSIRA Bonang Kleinbooi said, “The person providing the security service should have identification in the form of a PSIRA ID card and a certificate of registration.”
Not adhering to stipulated codes of conduct is a criminal offence and users of non-compliant service providers can be held criminally liable.
- UIF and Workman’s Compensation: both statutory requirements in law for employees. The latter is for medical treatment as it relates to an injury sustained while on duty,
Botes adds, “A certificate of membership and good standing in respect of NBCPSS, provident fund, medical insurance and workers compensation, SARS and PSIRA should be available from the security company on request. This is also a requirement as standard practice in tender processes.”
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Have you ever checked your security company’s compliance and registration?
