My Bank floated a tender for providing security services through open tender, One Security Agency was selected for the same at service charge(agency charge) of 2 %, the total quantity of security guards supplied are 32. The wage structure was as per DGR(director general re-settlement)/ central minimum wages, also he agreed to provide two pairs of uniform to its guards.
when he produced the first bill, it was found without EPF and ESI challans, also in the salary statement of the guards one allowance i.e. Uniform outfit allowance was also missing. On our repeated instruction he has paid the ESI and EPF but now he is adamant for not paying Uniform Outfit Allowance as he is providing free uniform.
he is claiming uniform outfit allowance from us(Bank) but not passing the same to the guards, Now his bill for the month of July is pending(Contract started from 1st July 2015) and he has refused to pay salaries to the guards for the month of August(salaries for the month of july has been paid to guards without outfit allowance).
What should be our action as Principal employer.
From India, Delhi
when he produced the first bill, it was found without EPF and ESI challans, also in the salary statement of the guards one allowance i.e. Uniform outfit allowance was also missing. On our repeated instruction he has paid the ESI and EPF but now he is adamant for not paying Uniform Outfit Allowance as he is providing free uniform.
he is claiming uniform outfit allowance from us(Bank) but not passing the same to the guards, Now his bill for the month of July is pending(Contract started from 1st July 2015) and he has refused to pay salaries to the guards for the month of August(salaries for the month of july has been paid to guards without outfit allowance).
What should be our action as Principal employer.
From India, Delhi
Dear Mr Amit,
The Security agency is requirred to follow the statutory rates of Guardboard if it is applicable to you. So also if he is not paying the outfit allowance, you can hold back the bills till he passes on the full statutory dues to the emlployees as agreed in the contract agreement
From India, Pune
62The Security agency is requirred to follow the statutory rates of Guardboard if it is applicable to you. So also if he is not paying the outfit allowance, you can hold back the bills till he passes on the full statutory dues to the emlployees as agreed in the contract agreement
From India, Pune
Dear Mr. Amit
As a principal employer you have to insure that employee gets all the said amount. it is advisable that call the contractor and explain him what are the amount come under director general re-settlement central minimum wages and he have to pass whole amount to security guard. Aside the uniform he already provided to guard the cost he have to bear the cost of those uniform as per contract .
Warm Regards
Anurag
From India, Hyderabad
As a principal employer you have to insure that employee gets all the said amount. it is advisable that call the contractor and explain him what are the amount come under director general re-settlement central minimum wages and he have to pass whole amount to security guard. Aside the uniform he already provided to guard the cost he have to bear the cost of those uniform as per contract .
Warm Regards
Anurag
From India, Hyderabad
Dear Mr. Amit,
As per my opinion the agency is right. Bcoz you pay them some amount agst uniform and the agency is providing the Uniform Set to security personnel from their pocket. Now considerable point is that at what terms you have decided/negotiated in the quotation/agreement.
Whether it is mentioned in the quotation that the Uniform Outfit Allowance will be payable to the security staff. If so, than the agency should pay the Allowance.
But generally in security contract the Uniform Cost indicates that the agency will provide the uniform set (u can ask the detail) from their pocket, and they will not recover the same from the security staff. It does not mean that they will pay the uniform allowance (which is not part of Minimum Wages).
Pls see, the agency is working on 2% (too little), how they will pay the uniform allowance / set from from their cost.
You release a tender, they are the lowest one with 2% margin. From my point of view, you can ask them to produce the document whatever they have claimed in their quotation. You should not go with the lowest one, instead you should opt for the best one in compliances.
However, you can call upon the representative and have discussions cross the table. It is a new contract can take time to make thing streamline. They have already paid one month salary and complicances from their pocket. Now you discuss with them and release part payment (At least salary amount of 32 personnel). Enable them to release Aug Salary.
I have dealt with many security agencies. Keep one month bill pending with you. If they don't submit reliable documents/payment proofs hold the bill, but release a part payment for salary distribution.
From India, Delhi
As per my opinion the agency is right. Bcoz you pay them some amount agst uniform and the agency is providing the Uniform Set to security personnel from their pocket. Now considerable point is that at what terms you have decided/negotiated in the quotation/agreement.
Whether it is mentioned in the quotation that the Uniform Outfit Allowance will be payable to the security staff. If so, than the agency should pay the Allowance.
But generally in security contract the Uniform Cost indicates that the agency will provide the uniform set (u can ask the detail) from their pocket, and they will not recover the same from the security staff. It does not mean that they will pay the uniform allowance (which is not part of Minimum Wages).
Pls see, the agency is working on 2% (too little), how they will pay the uniform allowance / set from from their cost.
You release a tender, they are the lowest one with 2% margin. From my point of view, you can ask them to produce the document whatever they have claimed in their quotation. You should not go with the lowest one, instead you should opt for the best one in compliances.
However, you can call upon the representative and have discussions cross the table. It is a new contract can take time to make thing streamline. They have already paid one month salary and complicances from their pocket. Now you discuss with them and release part payment (At least salary amount of 32 personnel). Enable them to release Aug Salary.
I have dealt with many security agencies. Keep one month bill pending with you. If they don't submit reliable documents/payment proofs hold the bill, but release a part payment for salary distribution.
From India, Delhi
Dear Sir,
as you said we are releasing their payment by deducting 5% of outfit allowance so as to enable them to release the salary of August. The firm was very well aware of the terms and conditions where we has said that free uniform(2 sets) will be given by the agency and also uniform outfit allowance will be passed on to guards. Knowingly they have quoted the lowest, since only price bid was the criteria for choosing the L-1 the firm was awarded work.we will keep this in mind next time..
Thanks once again
From India, Delhi
as you said we are releasing their payment by deducting 5% of outfit allowance so as to enable them to release the salary of August. The firm was very well aware of the terms and conditions where we has said that free uniform(2 sets) will be given by the agency and also uniform outfit allowance will be passed on to guards. Knowingly they have quoted the lowest, since only price bid was the criteria for choosing the L-1 the firm was awarded work.we will keep this in mind next time..
Thanks once again
From India, Delhi
The agency is trying to cut corners.
2% admin charges may not be giving them sufficient profit and they are now finding ways to increase profit.
The bank has to insist on following the contract word to word.
What ever has been promised to be paid to guards needs to be passed on to them.
As I understand ,the relationship with this agency may not continue and new agency will have to be found out sooner than later.
From India, Pune
2% admin charges may not be giving them sufficient profit and they are now finding ways to increase profit.
The bank has to insist on following the contract word to word.
What ever has been promised to be paid to guards needs to be passed on to them.
As I understand ,the relationship with this agency may not continue and new agency will have to be found out sooner than later.
From India, Pune
You expect the security agency to pass on the uniform allowance and also pay for free uniforms to the security guards ? Where do you expect the money to come from ? You are giving them 2% service charge and then deducting 2% tds from the bill. Which means the amount they get is equal to the amount they have to pay. That also with payment coming a month late. This must be a joke.
I would like to see a copy of the tender terms where you have stated that uniform must be given free AND allowance must be passed on.
From India, Mumbai
I would like to see a copy of the tender terms where you have stated that uniform must be given free AND allowance must be passed on.
From India, Mumbai
Saswata
Here uniform outfit allowance is basically to maintain uniform in a manner that it is presentable in front of public/visitors.
A Guard is almost the first person a customer sees and if his turnout is poor,then it leaves poor impression.
In services Kit maintenance allowance used to be paid on monthly basis to uniformed personnel to ensure highest standard of turnout.
From India, Pune
Here uniform outfit allowance is basically to maintain uniform in a manner that it is presentable in front of public/visitors.
A Guard is almost the first person a customer sees and if his turnout is poor,then it leaves poor impression.
In services Kit maintenance allowance used to be paid on monthly basis to uniformed personnel to ensure highest standard of turnout.
From India, Pune
To the extent I understand, Uniform Outfit Allowance is MEANT to maintain the uniform issued to the guards & NOT in-lieu of the uniforms issued.
Some Concerns use the wording 'Washing Allowance'.
And I think Amit's Bank needs to revise/modify their Tendering norms........where the L1 is ONLY ONE of the parameters to decide who will be issued the Order.
In fact, this very L1 process has been responsible for India's poor state of affairs vis-a-vis quality of services in most sectors since decades, if not since Independence.
Many agencies.....be they Security or anything else.......quote L1 figures [no surprise if some 'manage' getting competitor figures to ensure they quote lower rates] just to get the Order.....without any verifiable proof/references of their past work.
And @ the EoD, there's point blaming the agencies for the shoddy state of affairs......they were ALLOWED to do so & like any Entity with short-term goals, the Agency just used the loopholes.
Rgds,
TS
From India, Hyderabad
Some Concerns use the wording 'Washing Allowance'.
And I think Amit's Bank needs to revise/modify their Tendering norms........where the L1 is ONLY ONE of the parameters to decide who will be issued the Order.
In fact, this very L1 process has been responsible for India's poor state of affairs vis-a-vis quality of services in most sectors since decades, if not since Independence.
Many agencies.....be they Security or anything else.......quote L1 figures [no surprise if some 'manage' getting competitor figures to ensure they quote lower rates] just to get the Order.....without any verifiable proof/references of their past work.
And @ the EoD, there's point blaming the agencies for the shoddy state of affairs......they were ALLOWED to do so & like any Entity with short-term goals, the Agency just used the loopholes.
Rgds,
TS
From India, Hyderabad
""In fact, this very L1 process has been responsible for India's poor state of affairs vis-a-vis quality of services in most sectors since decades, if not since Independence""
TS,
There is a clear provision in Financial rules that L1 need not be taken always,blindly.
The Competent Financial Authority(CFA) can take the next highest and record reasons in writing.
CFA has to have the moral courage to take such decisions,since he can always be hounded by audit,anonymous complaints etc.
The whole system is crumbling in India due to myriad rules and ancient regulations and a peculiar attitude which blocks progress.
We lack faith in our administrators,fellow workers and keep introducing checks and counterchecks,the net result is delay and delay and escalating prices.
From India, Pune
TS,
There is a clear provision in Financial rules that L1 need not be taken always,blindly.
The Competent Financial Authority(CFA) can take the next highest and record reasons in writing.
CFA has to have the moral courage to take such decisions,since he can always be hounded by audit,anonymous complaints etc.
The whole system is crumbling in India due to myriad rules and ancient regulations and a peculiar attitude which blocks progress.
We lack faith in our administrators,fellow workers and keep introducing checks and counterchecks,the net result is delay and delay and escalating prices.
From India, Pune
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Contract employee & Principal employer 2017.pdf
NOTE ON PRINCIPAL EMPLOYER TO ENGAGE CONTRACT LABOUR.pptx