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Can Company ask for Security & Facility personnel replacement after an year service - CiteHR

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Gyandeep Chauhan
1

My question is, can company ask for replacement of Security and Facility Personnel from their company after an year continues service.
Is it necessary, or they can do their continues duties in same organization.? Please clarify this.

From India, undefined
KK!HR
1422

You need to bring clarity as to the role being played by you, are you the contractor providing Security & Facility Personnel? How long is your contract? Is the contract being continued but personnel is changed.
As a matter of principle it can be stated that long deployment of the same personnel in an organisation is not in its interest, as it proves that the requirement to be perennial and could lead to some claim of permanency. How long it could be is a matter of interpretation in each case, but one year is a safe option and longer the duration the more risky it would become.

From India, Mumbai
Gyandeep Chauhan
1

Hi Sir,
I am working in a Travel Company in the Admin Department. My work role is handle the compliance for Security and Facility personnel. Someone ask me this question and advice by legal consultant that Security and Facility Personnel can not do their duties in the same company after an year.
We are working with Security and Facility company from last 4 years. Both services are taking from different Companies.
Please suggest.
Regards,
Gyandeep Chauhan

From India, undefined
nathrao
3124

There is no bar on keeping same security personnel for more than 1 year.
What is to be watched out is that security personnel should not be allowed to develop any close links with permanent staff and visitors etc.
This will hamper duties.But yearly change is not good and will involve teaching new people about the place and jobs etc.Once in 3 years you can rotate some personnel.
As far facility management people are concerned there is no need to rotate them as they would be familiar with issues, processes and position of all mains, equipment etc.
What is the role of security personnel-routine office security or anything more?

From India, Pune
bijay_majumdar
357

It is matter of company policy and the confidentiality.It has got nothing to do with period of replacement etc.
From India, Vadodara
nathrao
3124

Was this confidentialty clause informed to Security agency while entering into contract?
From India, Pune
bijay_majumdar
357

The private security agencies act/scheme and the relevant state act clearly defines that all the labour legislation are equally applicable to security agencies as well.While taking a call for replacement etc it is also to be borne in mind that actions of replacement may be taken with in the frame of relevant act and consider the NDA and other agreement clause accepted during the contract finalization.
Contractors usually are told to reduce or increase the head counts they accept it but fail to arrange alternatives to replaced /reduced employees which is sad part in contracting agencies.

From India, Vadodara
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