Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 6 : Private Security Sector, South Africa1. Area and scope of application |
| (1) | This determination shall apply in the Republic of South Africa to every employer in the Private Security Sector as defined in sub clause (2), and to all employees in that sector, except those employers and employees referred to in sub clause (4). |
| (2) | The provisions of this determination shall apply to— |
| (a) | every employer and employee in the private security sector that guards or protects fixed property, premises, goods, persons or employees including monitoring and responding to alarms at premises which are guarded by persons or by electronic means, including car guards as defined in sub clause (2)(12) |
| (b) | disguised employment relationships such as self-employed security guards who are deemed be employees in terms of clause 18. |
| (3) | The provisions of this determination shall not apply— |
| (a) | to a manager as defined in sub clause 2(40); or |
| (b) | to any employer or employee who is subject to an agreement of a bargaining council in terms of the Labour Relations Act, 1995. |
| (4) | For the purposes of determining the salary rate applicable to an employee, the area where the employee performs the employee’s duties shall be the area contemplated in sub clause (1) irrespective of whether or not the employer has an establishment in that area or not. |
| (5) | Subject to the provisions of the National Keypoint Act, 1980, this determination shall also apply to employers and employees who provide security services at National Key Points. |