loginmiraclelogisticsField staff means, are they into marketing, sampling or rural public health types of tasks? Nevertheless, so long as they remain as your regular employees & in your pay roll, there is no possibility of treating them differently. Ofcourse the duty hours could vary depending on the nature of duties & responsibilities. However, if the terms & conditions of appointment lists out certain regulations there cannot be different opinion on this.
Eligibility to EL/PL & CL would depend on what type of business entity registration your organisation taken, like a firm of partnership or shop & commercial establishment, a factory/industry etc. This is necessary to determine which act would apply to your organisation.
From India, Bangalore
Whenever a Company has multifarious activities like manufacture, marketing, general administrative/ managerial functions associated with its business operations, the service conditions of employees engaged in every such activity can vary according to the specific labour laws applicable. Since yours is a pharma company, it may have its own manufacturing facility covered exclusively by the Factories Act,1948, administrative offices covered by the State Shops & Estt Act and marketing team having separate sales promotion employees covered by the the Sales Promotion Employees Act,1976. Since the leave provisions of these Acts are different, you can not have a uniform leave policy for all these employees unless your management is prepared to grant concessions based on the highest leave benefit available under a particular Act to all employees alike irrespective of their works. You may Pl. see my reply to the thread "Leave Policy - Sales Promotion Employees Act/ Shop and Establishment Act/Factory Act".
From India, Salem
AnonymousThanks to reply sirs...
to clarify, field staff means they are the marketing team(med reps) and office staffs are the admin,accounts, finance and HR.
I have checked shop and establishment act kerala, but not clear enough to understand the questions I have raised. So will you please clarify on these again. :
1. the minimum EL/PL , SL and CL. ?
2.Whether there is difference policy for field and office staff? - as per understanding from your reply, there is a difference. So please let me know about the same in my context.
From India, Mumbai
loginmiraclelogisticsYes, you are right, as pointed out by learned member Mr.Umakanthan, supra, there are special Act and conditions which are made applicable for those employees on field duty especially those engaged in sales promotion/marketing in pharma industry. The excerpts from the act such as definitions & leave rules are as follows. Full text of bare act & Notification on this is attached which you should go thru' them and for your guidance.
The Sales Promotion Employees (Conditions of Service) Act, 1976
(No. 11 of 1976) [25th January, 1976]
An Act to regulate certain conditions of service of sales promotion employees in certain
"2. Definition.- In this Act, unless the context otherwise requires,-
(a) “establishment” means an establishment engaged in pharmaceutical
industry or in any notified industry ;
(b) “notified industry” means an industry declared as such under section 3
(c) “prescribed” means prescribed by rules made under this Act;
[(d) “sales promotion employee” means any person by whatever name called
(including an apprentice) employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person-
(i) who, being employed or engaged in a supervisory capacity, draws wages
exceeding sixteen hundred rupees per menses; or
(ii) who is employed or engaged mainly in a managerial or administrative
[(1) In addition to such holidays, casual leave or other kinds of leave as
may be prescribed, every sales promotion employee
[* * *] shall be granted, if so requested for-
(a) earned leave on full wages for not less than one-eleventh of the period spent
(b) leave on medical certificate on one-half of the wages for not less than one eighteenth
of the period service.
(2)The maximum limit up to which a sales promotion employee may accumulate
earned leave shall be such as may be prescribed.
(3) The limit up to which the earned leave may be availed of at a time by a sales
promotion employee and the reasons for which such limit may be exceeded shall be such as may be prescribed.
(4) A sales promotion employee shall,-
(a) when he voluntarily relinquishes his post or retires from service, or
(b) when his services are terminated for any reason whatsoever (not being
termination as punishment). be entitled to cash compensation, subject to such conditions and restrictions as may be prescribed (including conditions by way of specifying the maximum period for which
(Section 4 re-numbered as sub-section (1) by Act 48 of 1986, section 3 ( w.e.f . 8th
Words and brackets “drawing wages (being wages, not including any commission)”
omitted by Sec. 3 (a) ibid.
Ins. by Act. 48 of 1986, sectiton 3 (b) ( w.e.f. 8th March, 1976)
such cash compensation shall be payable), in respect of the earned leave by him and not
(5) Where a sales promotion employee dies while in service, his heirs shall be
entitled to cash compensation for the earned leave earned by him and not availed of.
(6) The cash compensation which will be payable to a sales promotion employee
or, as the case may be, his heirs in respect of any period of earned leave for which he or
his heirs, as the case may be, is or are entitled to cash compensation under sub-section (4)
or sub-section(5), as the case, may be, shall be an amount equal to the wages due to such sales promotion employee for such period.]
5. Issue of appointment letter.- Every employer in relation to a sales promotion
employee shall furnish to such employee a letter of appointment, in such form as may be prescribed.
(a) in a case where he holds appointment as such at the commencement of
this Act, within three months of such commencement ; and
(b) in any other case, on his appointment as such. ....."
Also refer discussions taken place in this link-
From India, Bangalore