Is Medical Representatives Covered Under Sales Promotion Employee Act

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.

The basic objective of the Sales Promotion Employees (Conditions of Service)Act was to ensure service conditions of medical representatives, ie, sales promotion employees of pharmaceutical companies . It was later on that sales persons of other industries also came in to the purview of the said Act. It was following the Supreme Court decision in May & Baker (India) ltd Vs Workmen in which the court said that sales people would not fall under the definition of workman in Industrial Disputes Act, a separate Act to take care of their service conditions came up. Therefore, the medical representatives are covered under the said Act.
Madhu.T.K

Madhu sir, First of all I am very thankful to you for your answer. can you provide me some legal or official files regarding which clearly stated that Medical Representative or what ever designation called is protected under spe act

You you refer the Act which clearly states that the Act applies to sales promotion employees of pharma companies. And in the definition of employees, like that of ID Act, the managers and those having supervisory powers are excluded.
Madhu.T.K

Sir whether promoters and marketing employees /members of a sales team of a mobile phone distributer for a mobile phone manufacturer covered under this act. For them leave policy will have to be adjusted as per this act because otherwise shops and commercial establishment act will be applicable, if I'm not wrong. Please Sir it's urgent.

The Sales Promotion Employees (Conditions of Service) Act was originally enacted for sales promotion employees of pharma industry. But later on in 2011 some 10 more industries were also included in the coverage list. The industries so covered include the following:

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. Auto mobiles including accessories and spare parts

7. Surgical equipments, artificial prosthesis and diagnostics

8. Electronics, computers including accessories and spares

9. Electrical appliances

10. Paints and varnishes

So far mobile sales person of phone distributors do not come under the purview of the Act. However, the provisions of Shops and Commercial Establishments Act will be applicable to them. Please refer to the specific sections and see if the same is applicable only to establishments with a specified number of employees only, because in some states, certain provisions like holidays to be given in a year with reference to the state Industrial Establishment (National and Festival Holidays )Act, is applicable only to establishments having at least 20 employees.

Madhu.T.K

Dear Sir,
Kindly guide me is it necessary for medical representative to join unions, even if he is not willing to do so. As i am working as manager in pharma company and unions are forcing my team rep to join union to avail the benefits of labour laws. Is it so.
thanks,
pankaj gupta.

Joining any Union is purely the right of individual employee. Therefore, no union office bearer can force one to join union. Doing so can be viewed as an unfair practice from the side of union which should be avoided. All benefits under labour laws are equally available to all employees without any reference to trade union membership. If your team members are not interested to join 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 sales persons to join Union have been reported and this would be viewed as unfair labour practices and therefore, the union should not instigate or force the sales persons to join union by giving false announcements that only by joining unions they would get the benefits of labour 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 on the same way.
Madhu.T.K

Dear mam/sir
Recently our company mnc closed one of its salez division.
The mrs are being placed some or other way.
Their managers are given new designation with no role clarity.
They have no reportees.
They are made to feel ignorant and outcaste.
The project they say is of 4 months.
I want to enquire that after 4 months can company terminate us.
Do we now come under SPE act and do covered under labour laws.
Pls guide ...we are very tragic state

Not all the sales persons will come under the purview of the Sales Promotion Employees.....Act. However, sales persons 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 due, you have to initiate discussion now itself.
Madhu.T.K