Monday, June 20, 2016

Revised guidelines on employment conditions of private security personnel in effect | Official Gazette of the Republic of the Philippines





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The Department of Labor and Employment releases Department Order No. 150, s. 2016 (DO 150-16), otherwise known as the “Revised Guidelines Governing the Employment and Working Conditions of Security Guards and other Private Security Personnel in the Private Security Industry.”


The revised guidelines were signed on February 9, 2016, by the Secretary Rosalinda Dimapilis-Baldoz. It was published in the Philippine Star on April 14, 2016, and took effect on April 29, 2016.


Labor and Employment Secretary Rosalinda Dimapilis-Baldoz said D.O. 150-16 amends and improves upon Department Order No. 14, s. 2001. The order introduces a simplifed description of employment status; it specifies the composition of a service agreement; stipulates the rights and benefits of security personnel; and explains further the rules on deductions for loss or damage as well as deductions for cash bonds.

“The revised guidelines also provides for the inclusion of the Single Entry Approach (SEnA) program and the oversight function of the National Tripartite Industrial Peace Council and the Private Security Industry Tripartite Council, and a provision increasing the administrative fee of private security establishments from 10 percent of the total contract cost to not less than 20 percent of the total contract cost,” said Baldoz.

Through D.O. 150-16, the guidelines toward voluntary compliance of security agencies with general labor standards (GLS) and occupational safety and health standards to ensure social welfare and protection of security guards would be solidified.

The modifications made from the previous D.O. also show the organic nature of rules and regulations that responds positively to the changes in the labor environment. “The department order guarantees the rights of security guards and other private security personnel. They shall be entitled to all rights and privileges as provided for in the Labor Code,” Baldoz said.

Security guards and other private security personnel, whether deployed or assigned the status of reliever, seasonal, week-ender, or temporary, shall be entitled to safe and healthful working conditions; and are entitled to labor standards, such as, but not limited to, service incentive leave, premium pay, overtime pay, holiday pay, night shift differential, 13th month pay, and separation pay as may be provided in the Service Agreement or under the Labor Code, as amended.

They are also entitled to retirement benefits under Republic Act Nos. 7641 and 1161 as amended by Republic Act No. 8282, and retirement plans of the security service contractor, if any; social security benefits; rights to self-organization and collective bargaining, subject to the provisions of existing law; and security of tenure.

Mandatory registration and registry of legitimate security service contractors pursuant to the provisions of Department Order No. 18-A, s. 2011, is also required.

The Bureau of Working Conditions (BWC), as the agency mandated to draft policies and monitor enforcement of these policies, has already started its orientation of the DOLE’s Labor Laws Compliance Officers (LLCOs) of D.O. 150-16. Recently, Nicanor V. Bon, Chief, PPDD, of the BWC discussed the D.O. 150-16 to LLCOs in the National Capital Region.

Baldoz has directed the Labor Communications Office to disseminate as widely as possible the contents and provisions of the new department order for the benefit of all concerned.


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