QuestionsQuestions (DEPARTMENT ORDER NO. 14, S. 2001, DECEMBER 18, 2001)
All private security agencies/operators; their principals/clients; companies allowed to directly employ security guards; and all security guards/similar personnel—whether employed by an agency or a company—for compliance with labor standards and benefits.
Any employer/company/establishment where a security job, service, or work is provided by a security service contractor, whether or not there is a written contract.
Any person/association/partnership/firm/private corporation that contracts, recruits, trains, furnishes, or posts security guards or similar personnel to individuals, corporations, offices, and organizations for security needs as approved by the PNP.
The security service contractor is the employer. The principal is an indirect employer for unpaid wages and wage-related benefits via joint and several liability, unless the security agency is owned/managed/controlled by the principal or the principal controls the manner of performance or the guard is directly hired by the establishment.
If the guard is allowed to work after completing the probationary period, which shall not exceed six (6) months; then they are deemed regular employees.
Six (6) months.
Termination may occur for failure to meet reasonable standards/criteria made known by the agency at engagement, or for just cause/s.
It must state: (1) guards will be paid not less than minimum wage and mandated benefits; (2) an escalation clause for wage increases to be borne by the principal/client with contracts deemed amended; (3) compliance with SSS, ECC, Philhealth, and HDMF coverage/membership; (4) the kind/nature of security service; and (5) the schedule of 13th month pay and retirement pay as applicable.
Basic salary for ten regular holidays must be at least the minimum wage rate; additionally, one hundred percent (100%) of the basic salary is due whenever work is rendered on a regular holiday.
Premium pay of 30% of the daily rate for work on special days and rest days; increased to 50% whenever work is performed on coinciding rest days and special days.
Night shift pay equivalent to 10% of the regular hourly rate for work rendered between 10:00 p.m. to 6:00 a.m. of the following day.
Overtime pay applies to work rendered beyond eight (8) hours a day, at least 25% of the regular wage rate on ordinary days and 30% on regular holidays, special days, and rest days.
Seven (7) days with full pay, granted before/during/after childbirth or after spontaneous miscarriage by the legal spouse; granted for only four (4) deliveries including miscarriage.
EMR = (ADR x 391.5) / 12, where 391.5 reflects the weighted number of paid days using the DOLE factors stated in the guideline.
Only: SSS, EC, HDMF, Philhealth contributions; withholding tax from income (with proper receipt); union dues (if applicable); and other deductions authorized by law.
If the contractor fails to pay wages, the principal is jointly and severally liable with the contractor to the extent of work performed under the contract, similar to liability for direct employees. The principal also bears wage increases mandated after contract execution (service contract deemed amended), otherwise the contractor remains jointly and severally liable.
When the contractor is engaged in labor-only contracting; when it commits unfair labor practice by contracting out union members’ work interfering with self-organization; when a relevant Labor Code violation is established by the Regional Director under enforcement powers. Also solidary for accrued claims if the contractor’s license/permit is cancelled or the contract is preterminated for reasons not attributable to the contractor.
At least one (1) month before intended termination, the employer must serve written notice to the security guard and to the DOLE.
They cannot be placed in workpool/reserved status if: (a) after expiration of a service contract there are other principals where the guard can be assigned; (b) as a measure to constructively dismiss; or (c) as retaliation for filing complaints. If no assignment/work is given after six (6) months, the guard may be dismissed and is entitled to separation pay; taking other jobs before end of the six (6) months forfeits separation pay.