Insecurity!
A small security firm owner, who is fresh in the business, is claiming that companies like his “don’t really stand a chance landing Government contracts”, as generally the preference is for larger firms with prominent names.
The proprietor, who did not wish to be named, was echoing the sentiments of another small company owner who told the Jamaica Observer on Friday that he was “not too keen to apply for Government contracts” as some payments take too long, thus impacting the firm’s ability to compensate workers.
“What I know about Government contracts that smaller companies have been suffering from — they don’t pay on time. You have some of them that pay every three months and you have to pay your staff every two weeks. So that’s one of the big issues [for] smaller companies,” he said.
These are some of the grouses of small security firms, which have also said that they feel sidelined due to recent contract sums agreed upon between their larger counterparts and the Government. That complaint was highlighted by Opposition spokeswoman on Labour and Social Security Dr Angela Brown Burke who, in her contribution to the 2023/24 Sectoral Debate in the House of Representatives last Wednesday, called for a probe into the claims.
Brown Burke said smaller companies were insisting that the current agreed contract sum between the Government and some of the larger companies “is clearly impossible if the minimum wage of $14,000 is to be applied and benefits are to be granted to these guards”.
She said smaller security companies were having difficulty complying with the Supreme Court ruling last September stipulating full employment benefits for all guards, who are now regarded as full-time employees and not contract workers; as well as meeting the 33 per cent increase in security guards’ wages which takes effect on June 1.
“The net effect of that, of course, is that it would force some of the smaller businesses out. The feeling is that the Government is teaming up with the big boys and the other small ones are getting shafted. This cannot be allowed to happen,” Brown Burke stressed as she asked Labour and Social Security Minister Karl Samuda to “pay specific attention to the matter and have it investigated”.
She said that it is important that a contract doesn’t just say ‘contract of employment’ “but rather, you go through the provisions to make sure that it doesn’t deny the workers of rights that they have in law”.
“The present precarious position” of many security guards, she said, results from the “hands-off approach” adopted by the labour minister and the Government.
“I believe that the time has come for a new direction for industrial relations in Jamaica,” she said.
Brown Burke said Samuda also missed an ideal opportunity to tackle the long-overdue structural reform to protect all workers who were being denied their full rights as employees under the guise of “contract work”.
“In fact, there are several categories of workers who face similar conditions as companies hide behind this “fixed-term” contract to deny them basic workers’ rights — whether it is the hotel industry, the wholesale [workers], janitors, orderlies, even the ancillary staff at some of our schools,” she said.
Brown Burke said that while the minister has promised to fix this “contract work” issue for people working with government, that is not enough. The Administration, she insisted, must ensure that all workers are covered by the laws of Jamaica and wherever there are breaches, ensure that they are resolved.
Turning to another related issue, Brown Burke said there are some Government agencies that routinely sign contracts with service providers who are not able to pay their workers a minimum wage.
“When workers inquire, they are told that the company is waiting on a decision from Cabinet. I am calling on the Government of Jamaica to lead by example and ensure that the contract sums keep pace with the increases in minimum wage, so that the third-party companies are able to pay them,” she said.
In the meantime, Brown Burke said the Opposition welcomes Samuda’s decision to meet with security guards and the appointment of a team to oversee the establishment of a Joint Industrial Council for the industry.
“We would love to hear the terms of reference and we hope they will move with dispatch, because it is still critical for us to ask companies, under the present circumstance, to cease any punitive action until matters can be dealt with. This may mean some initial discussions immediately as it would be a travesty if the courageous workers who stepped forward to bring their plight to the public were to be victimised in the process,” she argued.
“The protection of these workers and others who have not yet signed should be a priority. I would ask the minister to issue clear instructions to all security officers as to how to proceed, to detail the process available to them for redress or clarification around terms and conditions of their contracts,” she added.