Association news

SASA UPDATE

The latest on the National Bargaining Council for the Private Security Sector (“NBCPSS”) Main Agreement vs Sectoral Determination 6

Following a spike in non-compliance issues during Covid-19, SASA warns employers and consumers of potential prosecution.

between Organised Employers and Organised Labour was concluded on 10 December 2019 and submitted to the Registrar of Labour Relations for approval, ministerial signature and publication immediately thereafter. This was eventually published in Government Gazette 43036 on 20 February 2020 and became effective as is required by law on the second Monday after publication, namely 2 March 2020.

The Levies Agreement was published on 29 January 2020 as per Government Gazette 42975 and it was decided to delay the effective date until 1 March 2020 in order to fall in line with the Main Agreement of the NBCPSS.

These two Gazettes, as well as the Protocol Agreement, can be downloaded from the SASA website at www.sasecurity.co.za under the “Governing Legislation” tab.

The Main Agreement immediately cancelled Sectoral Determination 6 (SD6) and applies to all security service providers and all security officers in South Africa.

It, in effect, basically contains all of the provisions of the now-defunct SD6, with a few changes.

The scope of the NBCPSS has been extended to include “all employers and all employees who are engaged in the Private Security Sector”, as defined. This is a major change from SD6, which reads “every employer and employee in the private security sector that guards or protects fixed property, premises, goods, persons or employees, including monitoring and responding to alarms at premises which are guarded by persons or by electronic means, including car guards as defined …” This, in effect, means that the scope now also includes in-house or insourced security employment relationships.

However, the following are excluded from such scope:

• Managers, as defined, and

• those falling within the scope of another bargaining council, such as the Cash in Transit (CIT) industry (which currently resides in the National Bargaining Council for the Road Freight and Logistics Industry “NBCRFLI”) and most probably the government sector, which also has a bargaining council. Very important, as well, is the fact that the NBCPSS Main Agreement now, very clearly, also includes car guards and all others on “non-standard” employment contracts such as fixed-term contracts and disguised employment relationships.

This means that in-house security employers - and there are many - now have to pay their security officers at least the minimum salary rates, allowances and benefits as set out in the Main Agreement, as well as abide by all of the conditions of employment therein. This will make it less attractive for such employers to employ their own security personnel, especially as such employers now also have to register with PSIRA (Private Security Industry Regulatory Authority).

The salary tables are now, for the first time ever, determined for all three years and no longer subject to the CPI (Consumer Price Index) rates in the second and third years, which makes it easier for both security service providers and consumers to effectively budget ahead of time.

In an effort to increase the take-home pay of security officers, a Premium Allowance has been introduced as from the first year, increasing in the two subsequent years. It is important to note that this allowance does not form part of the basic or ordinary salary and, as such, will not impact on premium payments, the annual bonus or leave pay.

A medical scheme or hospital-type cover will be introduced as from March 2021 and the process of selecting and appointing an outsourced service provider is already at an advanced stage. Details will be disseminated once finalised. Employers will, in the first year of operation thereof (from March 2021), contribute R100 per employee towards this scheme and R150 in the next year. All other allowances and premium payments have remained unchanged, as have the other conditions and benefits of employment.

The Gazette also provides for an exemption process, which has strict procedural requirements.

The Levies Agreement requires all security employers, including those insourcing, to register with the NBCPSS and provide monthly employee schedules to the Council. A total levy of R14 per employee, paid equally by the employee (via salary deduction) and the employer, shall be made to the NBCPSS monthly.

The NBCPSS can be contacted via their website at www.nbcpss.org.za.

SASA offers intensive training to security service providers which includes the correct interpretation and application of the NBCPSS Main Agreement, either in an on-site meeting at their offices or via video link.

For more information, please contact Tony Botes at tony@sasecurity.co.za or on 083 272 1373.