Veteran trade unionist Vincent Morrison has charged that last September’s Supreme Court ruling which upgraded the status of security guards from independent contractors to employees, “is in large measure being ignored by the industry”.

Morrison has suggested that Minister of Labour and Social Security Pearnel Charles Jr take steps to “right the wrongs that have been done to the security guards”.

His call comes on the heels of a news release issued Friday by the Private Security Regulations Authority (PSRA) warning that “non-compliant security companies will face severe consequences for disregarding the rights of security guards”.

The PSRA, in urging security guards to demand their rights and report any violations they encounter, said that despite the changes in the minimum wage law to reflect a 33 per cent minimum wage increase for industrial security guards, some companies continue to operate in breach.

According to the PSRA, it “will not tolerate such actions” and is “prepared to take decisive measures to ensure compliance”. The authority, which has prime responsibility for regulating the industry, said “legal actions, fines, licence revocations” are just some of the measures that may be taken against those who persist in disregarding the rights of their employees.

In the Supreme Court’s decision involving the National Housing Trust (NHT) and Marksman Limited handed down on Friday September 23, 2022, the court ruled that effective then third-party security guards employed to Marksman Security Limited are employees and not independent contractors and that the company should immediately begin paying over their three per cent National Housing Trust statutory contribution.

Marksman, in the wake of that ruling, said there would be an increase in the rates/fees to clients. The Government in January this year then announced that it would be moving to amend over 500 contracts to upgrade the status of guards – hired through security guard firms to provide services at ministries, departments and agencies – to employees by April 1. It at the time encouraged private sector firms to follow its lead in voluntarily renegotiating contracts with security guard firms.

Subsequently in May this year, then Minister of Labour Karl Samuda announced a 33 per cent minimum wage increase for industrial security guards, from $10,500 to $14,000 per 40-hour work week. He said the single-time rate will move to $350 per hour for work done during any period not exceeding 40 hours in any week. Additionally, work done during any period in excess of 40 hours in any week will attract a time-and-a-half rate. That rate will be increased to $525 per hour.

Samuda informed that allowances payable to security guards will also be increased. They include laundry allowance, which will move from $47.62 to $52.38 per hour. Firearm premium allowance, he said, would move from $51.95 to $57.15 per hour, and dog handlers’ premium allowance from $35.72 to $39.29 per hour. He said security guards’ life insurance coverage, with double-indemnity protection and dismemberment coverage, would be increased from $2,976,000 to $3,275,000.

On Friday, Morrison, in an interview with the Jamaica Observer, said industry players had stonewalled the Government and the courts.

“The Jamaica Society of Industrial Security, they need to take some of the blame, because it really begs the question, what is their role because if their members are not complying with the basic law by ensuring that the minimum wage for the workers is implemented, then I have to question what is their role. Guards have been threatened with layoffs. In fact, there are certain locations where the numbers have been reduced,” Morrison charged.

“In the end, it is the workers who feel the brunt, they are the ones. I believe stiffer regulations are needed, but you can’t have stiffer regulations if you don’t have proper monitoring in place. You have to have inspectors, who will be able to deal with the issues. The PSRA needs to be taking an interest at this time. I think the Act should be amended to deal with enforceability; not only for the guards to be properly licensed and trained, etc etera but in terms of them being given the basic benefits,” he stated.

“I want to call upon the minister of labour to take the initiative to right the wrongs that have been done to the security guards. I think also that the Parliament needs to debate the issues affecting the security guards. There is no question that the security guards have been done an awful wrong,” said Morrison, who is also president of the Union of Clerical, Administrative and Supervisory Employees (UCASE).

He blasted the companies for forcing guards to sign contracts in which they relinquish their rights to all benefits before the court ruling.

“You had a situation where the courts ruled. Come April 1, there was a rush by the security companies for the workers to sign contracts that they would relinquish all past benefits and the workers who refused to sign they have not been re-engaged by the companies; they have been laid off. There are hundreds of those workers who since April 1, even though they turn up to work, they have not been given any work to do, they have been told to stand down. That’s a fact and we are saying that is wrong,” Morrison told the Observer.

He said UCASE raised the issue with the ministry some weeks ago and is hoping for a response.

“It is not only wrong in practice and custom, but it is wrong in law. You have to give up all the benefits to maintain your salary. This is wrong. The wages in the industry are so low that the workers can only survive by working 60 hours per week. Refusing them overtime means their standard of living is going to be compromised. We are hoping we can find some sort of resolution to that situation,” he stated.