Baartman & du Plessis Attorneys have been rendering specialised legal and compliance services to the Private Security Industry since 1997 and the subject of the compliance framework within this sector will be incomplete without addressing the role and responsibility of the NBCPSS.
The National Bargaining Council for the Private Security Sector is governed by the provisions of the Labour Relations Act of 1995.
The Collective Agreement that was originally concluded between some employers organisations and trade unions was declared to be binding on all employers and employees within the private security sector by the Minister of Labour on the 20th day of February 2020.
As a result of the above, all employers in the sector were required to:-
| ● | Register with the Bargaining Council; and |
| ● | Comply with the minimum wages, annual bonuses, working hours, overtime and allowances prescribed by the collective agreement; and |
| ● | Participate in and contribute to the prescribed Hospital Cover; and |
| ● | Ensure that all documentation, including payslips, conform to the prescribed formats; and |
| ● | Grant employees the minimum prescribed annual leave, sick leave, maternity leave and family responsibility leave |
| ● | Contribute and participate in the Private Security Sector Provident Fund; and |
| ● | Deduct and make payments of the prescribed levies. |
The collective agreement, in essence, replaced Sectoral Determination No 6.
The minister of labour appointed agents to the bargaining council to conduct inspections in order to ensure that the provisions of the collective agreement are adhered to. These agents are entitled to enter any premises, orally examine any person and require inspection of any document that is required to be kept in terms of the collective agreement.
The council may also investigate complaints from disgruntled employees and all labour-related disputes, will in future, be adjudicated within the framework of the bargaining council.
Non-compliance with the requirements of the NBCPSS will be sanctioned by a compliance order and possible administrative penalties.
Click here to read more about compliance orders and arbitrations by the NBCPSS.
