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SALIENT AMENDMENTS

REVISED GUIDELINES GOVERNING THE EMPLOYMENT AND WORKING


CONDITIONS OF SECURITY GUARDS AND OTHER PRIVATE SECURITY
PERSONNEL IN THE PRIVATE SECURITY INDUSTRY

DEPARTMENT OF LABOR AND EMPLOYMENT


Bureau of Working Conditions
Intramuros, Manila
TIMELINE

 09 February 2016 − Signed by SecLab


 14 April 2016 − Published in Phil. Star
 29 April 2016 − Took effect
SECTION 3 − EMPLOYMENT STATUS
3.3 REGULAR EMPLOYMENT

“repeated hiring-firing-rehiring
scheme for short periods, the
aggregate duration is six (6)
months, shall be considered
REGULAR employees.”
SECTION 4 − SERVICE AGREEMENTS
Basic Equipment to be
provided by SSC /PSA If the principal
requires more than
basic equipment, it
shall be shouldered
Administrative Fee One handgun per 2 One handheld by principal
security guards radio

Provision on the Undertaking on


Net Financial training
Contracting required by
Capacity (NFCC) principal
SECTION 5 − EMPLOYMENT CONTRACTS
5.2. – CONTENTS OF DUTY DETAIL ORDER

Name, address and telephone Firearms description and


A number of agency license number F

Issue serial number and Authorized uniform


B date of DDO to be used G

Complete name and Other specific instructions


C designation of grantee or remarks H

Signature and designation of


D Purpose issuing officer I
E Inclusive dates of detail
SECTION 7 − TERMS AND CONDITIONS OF EMPLOYMENT

Any additional
Cost of PNP test may be
required physical required at the
and neuro- expense of the
psychiatric requesting party
examination and
drug test for pre-
employment and
for continued
employment shall
be shouldered by
the security
guard.
SECTION 7 − TERMS AND CONDITIONS OF EMPLOYMENT
7.3. – ENTITLEMENT TO MINIMUM WAGE
 Shall be entitled a salary of not less than the minimum wage rate
prescribed for non-agricultural sector or industry in the region where
he is assigned, regardless of the nature of business of the principal.

7.4. – TRANSFER OF ASSIGNMENT


 Transfer to areas outside the region of the domicile or head of office
shall not be a valid ground for the reduction of the wage rate.
 Transfer to other regions with higher wage rate - minimum wage rate
applicable therein.
SECTION 7 − TERMS AND CONDITIONS OF EMPLOYMENT
7.7 – STATUTORY BENEFITS
 Separation pay of one (1) month Retirement pay shall be
billable monthly to the
principal or client of the
security service contractor

lack of service assignment


by reason of age
SECTION 7 − TERMS AND CONDITIONS OF EMPLOYMENT
7.6. – RECOMMENDED COMPUTATION OF ESTIMATED
EQUIVALENT MONTHLY RATES
Factors/Divisors
 393.8
 365
 313
 261
SECTION 8 − DEDUCTION FROM SALARIES
a. SSS contribution
b. Pag-IBIG contribution
c. PhilHealth contribution
d. Withholding tax from income, provided a proper withholding tax receipt is
issued to the employee before the filing of income tax return every year
e. Union dues, if authorized in writing; and
f. Other deduction as may be authorized in writing by the
security guard and similar personnel for payment to THE
SECURITY AGENCY OR a third person and the security agency
agrees to do so, provided that the latter does not receive any
pecuniary benefit, directly or indirectly, from the
transaction.
SECTION 8 − DEDUCTION FROM SALARIES

Bond should not be more than 5% of the


amount of the firearm issued to the
security guard

The bond, less the cost of damage or loss


of firearms due to the fault of the security
guard, shall be refunded to the security
guards
SECTION 9 – LIABILITY AND RESPONSIBILITIES
OF SSC/PCA AND PRINCIPALS
9.2 - MANDATORY REGISTRATION AND REGISTRY OF
LEGITIMATE SECURITY SERVICE CONTRACTORS
 Certificate of Membership issued by
PADPAO and License to Operate issued by
PNP-CSG-SOSIA

 Certificate of no pending labor standards


violation case/s issued by NLRC and DOLE
The pendency of a case will not prejudice the renewal of the registration,
unless a Compliance Order has been issued by the Regional Director.
SECTION 9 – LIABILITY AND RESPONSIBILITIES
OF SSC/PSA AND PRINCIPALS
9.4 – KEEPING OF RECORDS
SSC/PSA with a centralized
recording system shall inform
the Labor Inspector of the
Regional Office where their
central or head office is located
of such fact.
SECTION 10 − RIGHT TO SECURITY OF TENURE
AND DUE PROCESS

The requirement of two written


notices served on the security
guards if terminated due to just
cause

The requirement of due process


to be complied with in case of
authorized cause of termination
SECTION 10 − RIGHT TO SECURITY OF TENURE
AND DUE PROCESS
10.2 – REPORT OF DISMISSAL, TERMINATION OR RETIREMENT

The SSC/PSA shall submit a monthly report of


all dismissal or termination, including
retirement effected during the month to
DOLE Regional Office.
SECTION 10 − RIGHT TO SECURITY OF TENURE
AND DUE PROCESS
10.3 – RESERVED STATUS
An assignment of the security guard
as reliever for less than 1-month
period shall not be considered as an
interruption of the 6-month period

10.4 - RETALIATORY MEASURES


Additional provision pursuant to
Article 118 of the Labor Code.
SECTION 11 – CONCILIATION-MEDIATION THROUGH
THE SINGLE ENTRY APPROACH

All issues on employment,


disciplinary measures,
suspension, termination and
compliance with labor
standards and OSH
standards, shall be subject
to the 30-day mandatory
conciliation-mediation or
the Single Entry Approach
(SEnA).
For inquiries, you can reach us at
dole.bwc@gmail.com
askbwc@gmail.com
527-3000 local 303 or 307

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