Definitions
- Principal: Employer or entity receiving security services, regardless of contract formality.
- Security service contractor: Private security agency providing security personnel as approved by the Philippine National Police.
Employment Status
- Security service contractor is the employer of security guards; principals are indirect employers for wage liabilities.
- Probationary period for new guards: maximum 6 months, terminable for failure to meet standards or just cause.
- Guards who continue after probation are regular employees.
Service Contracts
- Must be submitted to authorities upon request.
- Must include statements on minimum wage compliance, benefit coverage (SSS, Philhealth, etc.), nature of services, payment schedules for 13th month and retirement pay.
- Must contain escalation clauses reflecting wage increases borne by principals.
Employment Contracts
- Contractors must provide signed contracts to employees detailing terms and conditions.
- Duty detail orders must specify job descriptions, work hours, shifts, and pay rates.
Terms and Conditions of Employment
- Guards must be licensed and medically fit as per PNP requirements.
- Wages must meet or exceed regional minimum wage rates applicable to non-agricultural sectors where assigned or engaged.
- Statutory benefits include: basic salary for actual workdays and holidays, prescribed allowances, premium pays, overtime, night shift differential, service incentive leaves, paternity leave, and 13th month pay.
- Detailed recommended formulas provided for equivalent monthly wage rate computations.
- Additional mandatory benefits: maternity, separation pay under certain conditions, cash benefits for work-related contingencies, retirement plans via trust funds, and others defined by law or agreements.
Salary Deductions
- Permitted deductions: SSS, EC, HDMF, Philhealth contributions, withholding taxes, union dues, and other authorized deductions.
Liability and Responsibilities
- Joint and several liability of principals and contractors for unpaid wages, including wage adjustments.
- Solidary liability imposed on principals in cases of labor-only contracting, unfair labor practices, or violations upheld by authorities.
- Service contracts must ensure compliance with labor laws and mandatory benefits.
- Principals must maintain records of guard assignments; contractors maintain employment records.
Security of Tenure and Due Process
- Regular guards enjoy security of tenure and can only be terminated for just causes with due process.
- Termination requires written notice to employee and DOLE at least one month in advance.
- Guards may be placed in a reserved status or workpool but with protections against constructive dismissal and retaliatory actions.
- Preventive suspension allowed up to 30 days for threats to life/property, with procedures for investigation and hearing.
- Monthly reporting of dismissals and retirements to DOLE required.
Right to Self-Organization and Collective Bargaining
- Guards have the right to form or join labor organizations for collective bargaining and lawful concerted activities including strikes.
Penal Provision
- Violations of these guidelines punishable as provided by law.
Effect on Existing Issuances and Agreements
- This issuance guides DOLE enforcement and supersedes inconsistent prior orders.
- Does not reduce benefits currently enjoyed by guards.
- Effective immediately upon issuance.