Dear member please update me that medical representatives covered under sales promotion employee act or not. Please provide pdf files for the same if anyone have.
From India, Delhi
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From India, Delhi
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The basic objective of the Sales Promotion Employees (Conditions of Service) Act was to ensure service conditions of medical representatives, i.e., sales promotion employees of pharmaceutical companies. It was later on that salespersons of other industries also came into the purview of the said Act. This was following the Supreme Court decision in May & Baker (India) Ltd vs. Workmen, in which the court stated that salespeople would not fall under the definition of a workman in the Industrial Disputes Act. As a result, a separate Act was introduced to take care of their service conditions. Therefore, medical representatives are covered under the said Act.
Madhu.T.K
From India, Kannur
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4766Madhu.T.K
From India, Kannur
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Madhu sir,
First of all, I am very thankful to you for your answer. Can you provide me with some legal or official files that clearly state that a Medical Representative, or whatever designation is used, is protected under the SPE Act?
From India, Delhi
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First of all, I am very thankful to you for your answer. Can you provide me with some legal or official files that clearly state that a Medical Representative, or whatever designation is used, is protected under the SPE Act?
From India, Delhi
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You are referring to the Act which clearly states that it applies to sales promotion employees of pharmaceutical companies. In the definition of employees, similar to the Industrial Disputes (ID) Act, managers and those with supervisory powers are excluded.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Sir, whether promoters and marketing employees/members of a sales team of a mobile phone distributor for a mobile phone manufacturer are covered under this act. For them, the leave policy will have to be adjusted as per this act because otherwise the Shops and Commercial Establishment Act will be applicable, if I'm not wrong. Please, sir, it's urgent.
From India, Shimla
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From India, Shimla
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The Sales Promotion Employees (Conditions of Service) Act was originally enacted for sales promotion employees of the pharma industry. Later, in 2011, 10 more industries were also included in the coverage list. The industries covered include:
1. Cosmetics, soaps, household cleaners, and disinfectants
2. Ready-made garments
3. Soft drink manufacturing industries
4. Biscuits and confectioneries
5. Ayurvedic, Unani, and Homeopathic Medicines
6. Automobiles, including accessories and spare parts
7. Surgical equipment, artificial prosthesis, and diagnostics
8. Electronics, computers including accessories and spares
9. Electrical appliances
10. Paints and varnishes
Mobile salespersons of phone distributors do not currently fall under the purview of the Act. However, the provisions of the Shops and Commercial Establishments Act will be applicable to them. Please refer to specific sections to determine if they apply only to establishments with a specified number of employees. In some states, certain provisions, such as holidays to be given in a year with reference to the State Industrial Establishment (National and Festival Holidays) Act, apply only to establishments with at least 20 employees.
Madhu.T.K
From India, Kannur
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1. Cosmetics, soaps, household cleaners, and disinfectants
2. Ready-made garments
3. Soft drink manufacturing industries
4. Biscuits and confectioneries
5. Ayurvedic, Unani, and Homeopathic Medicines
6. Automobiles, including accessories and spare parts
7. Surgical equipment, artificial prosthesis, and diagnostics
8. Electronics, computers including accessories and spares
9. Electrical appliances
10. Paints and varnishes
Mobile salespersons of phone distributors do not currently fall under the purview of the Act. However, the provisions of the Shops and Commercial Establishments Act will be applicable to them. Please refer to specific sections to determine if they apply only to establishments with a specified number of employees. In some states, certain provisions, such as holidays to be given in a year with reference to the State Industrial Establishment (National and Festival Holidays) Act, apply only to establishments with at least 20 employees.
Madhu.T.K
From India, Kannur
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Dear Sir,
Kindly guide me, is it necessary for a medical representative to join unions, even if he is not willing to do so? I am working as a manager in a pharmaceutical company, and unions are forcing my team representative to join the union to avail the benefits of labor laws. Is this the case?
Thanks,
Pankaj Gupta.
From India, Delhi
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Kindly guide me, is it necessary for a medical representative to join unions, even if he is not willing to do so? I am working as a manager in a pharmaceutical company, and unions are forcing my team representative to join the union to avail the benefits of labor laws. Is this the case?
Thanks,
Pankaj Gupta.
From India, Delhi
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Joining any union is purely the right of an individual employee. Therefore, no union office bearer can force one to join a union. Doing so can be viewed as an unfair practice from the side of the union, which should be avoided. All benefits under labor laws are equally available to all employees without any reference to trade union membership. If your team members are not interested in joining any union, let them abstain from joining the union. You can also write to the President or General Secretary of the Union that instances of forcing newly joined salespersons to join the union have been reported. This would be viewed as unfair labor practices. Therefore, the union should not instigate or force the salespersons to join the union by giving false announcements that only by joining unions they would get the benefits of labor laws. You can also say that in the company, there has been no demarcation on the ground of union membership, and all employees are treated in the same way.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Dear ma'am/sir,
Recently, our company, MNC, closed one of its sales divisions. The employees are being placed in some way or another. Their managers have been given new designations with no role clarity, and they have no direct reports. They are made to feel ignorant and outcast.
The project they are working on is said to last for 4 months. I would like to inquire whether the company can terminate us after this period. Are we now covered under the SPE Act and protected by labor laws?
Please guide us. We are in a very tragic state.
From India, Mumbai
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Recently, our company, MNC, closed one of its sales divisions. The employees are being placed in some way or another. Their managers have been given new designations with no role clarity, and they have no direct reports. They are made to feel ignorant and outcast.
The project they are working on is said to last for 4 months. I would like to inquire whether the company can terminate us after this period. Are we now covered under the SPE Act and protected by labor laws?
Please guide us. We are in a very tragic state.
From India, Mumbai
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Not all the salespersons will come under the purview of the Sales Promotion Employees Act. However, salespersons who have no reportees under them and who have been in service for the last one year will have to be given notice (which is already given) and compensation as per the ID Act. For better treatment and settlement of dues, you have to initiate a discussion now itself.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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