| (1) | This Agreement applies to all employers and all employees who are engaged in the Private Security Sector, as defined hereunder, in the Republic of South Africa. |
"Private Security Sector" or "sector" means the sector in which the employers and employees are associated for the purposes of guarding or protecting fixed property, premises, goods, persons or employees, including monitoring and responding to alarms at premises which are guarded by persons or by electronic means, but excluding the assets-in transit to the extent that it falls under the registered scope of the National Bargaining Council for the Road Freight and Logistics Industry.
| (a) | Notwithstanding the provisions of subclause 1, this agreement shall apply to employees for whom wages are prescribed in this Agreement and to employers of such employees and, |
| (b) | Other categories of employees, including car guards and other employees employed on non-standard service arrangements including fixed term contract agreements and disguised employment relationship such as self-employed security officers, who are deemed to be employees in terms of clause 21 and employers of such employees. |
| (3) | The provisions of this schedule shall not apply to: |
| (a) | a manager as defined in clause 3 with the exception of clause 35; and |
| (b) | any employer or employee who is subject to an agreement of another bargaining council in the terms the Labour Relations Act, 1995 as amended. |
| (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 or not. |
