Anonymous
Ours is a Pharmaceutical Company based in Punjab. We have total 350 Person associated with our Company:
About 60 Persons as Production Staff (Staff & Workers) in manufacturing Unit (Outskirts of Ludhiana)
About 20 Person Admin staff working in the same premises of manufacturing Unit (Outskirts of Ludhiana)
About 20 Person Admin staff working in the registered Office based in main city of Ludhiana.
About 250 Sales Staff (Managers and Medical Representatives) working in the field in various states of India.
My query is to know exactly under which act our leave policy and other service rules should be? Sales Promotion Employees Act/Shop and Establishment Act/Factory act?
Should we have a single leave policy for all or separate for Sales Staff, Factory Staff and Registered Office Staff.
...SM....

From India, Jalandhar
Dear Colleague,
In my view, you should follow leave policy as defined and applicable to three distinct set of employee ie Factory, Shops Act and Sales promotion employees.
The Acts provide for minimum conditions and you have scope to better it later when needed.
Regards,
Vinayak Nagarkar
HR- Consultant

From India, Mumbai
Dear SM,
In respect of the 60 members of production staff and 20 of administrative staff working within the premises of the Manufacturing Unit registered under the Factories Act,1948, the leave provisions of the Factories Act would be applicable.
All the administrative staff employed in the registered office at the city of Ludhiana would be covered under the State's Shops and Establishments Act and as such so are their leave too.
Among the sales staff, those who fall under the definition of "Sales Promotion Employee" u/s 2(d) of the Sales Promotion Employees(Conditions of Service)Act,1976 would be covered by the leave provisions of section 4 of the Act. You can find the various kinds of leave applicable to SPEs, their scale,method of sanction, encashment etc., in the SPE Rules,1976.
Therefore, your leave policy should comprise of the leave provisions of the FAct, S&E Act and the SPE Act,1976 in respect of the catergory of the employees falling under each of them.

From India, Salem

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