Government Moves to Change Status of Security Guards

The Government is taking steps to modify the status of security guards providing services within the public sector, from independent contract workers to standard employees.

Minister of Finance and the Public Service, Dr. the Hon. Nigel Clarke, says this is intended to better position them to access the full benefits of entitlements under the law.

This, he pointed out, by holding security firms to which the guards are attached, liable to make statutory deductions from them rather than their doing so independently, as now obtains, and paying the employers contribution in respect of each designated employee.

The undertaking would be consistent with a court ruling last year in a matter between the National Housing Trust (NHT) and a security firm engaged to provide services to the entity.

The tribunal determined that security guards are employees and that the firm to which they are attached, are employers.

Dr. Clarke outlined details of the engagements being undertaken in a policy statement delivered during a security industry stakeholder meeting at the Ministry of Foreign Affairs and Foreign Trade in downtown Kingston, on January 19.

He indicated that a special Task Force, chaired by former Bank of Jamaica (BOJ) Deputy Governor, Livingstone Morrison, and comprising public sector representatives, has been appointed to engage security firms contracted by the Government to provide services at MDAs island wide in discussions over 100 days, ending April 30.

Dr. Clarke said the engagements are with a view to amending the over 500 contracts the entities have with the Government, in a manner which ensures that security guards providing services at MDAs “are treated as employees”.

“A breach of these terms with respect to any security guard working at any MDA will be grounds for termination of that contract,” the Minister emphasised.

The Minister said the contractual amendments will also reflect adjustment in the rates for the cost of services provided.

“For these employer obligations to be honoured, going forward, and for security guards who are employees of these firms to benefit, the simple fact is that customers of security guard firms will have to pay more for security guard services, and there is no way around that,” he indicated, pointing out that the programmed amendments will be effective April 1.

Dr. Clarke further advised that the Ministry, which has portfolio responsibility for public procurement, will issue instructions to all MDAs indicating that future bid documents used to procure security services must stipulate that guards be treated as employees.

“Bids that fall short of that requirement… will be thrown out, even if those are at the lowest price. Furthermore, the contracts will stipulate that non-observance of this requirement of security guards to be treated as employees, will be grounds for termination of those new contracts, in response to bid documents that come in the future,” he said.

Dr. Clarke expressed the hope that private sector entities engaging security services will follow suit in their contractual arrangements with firms providing these.