Q:I have been working as a medical representative for a pharmaceutical company. My supervising officers do not allow me any leave at all under any circumstances. If I am absent for even one day they deduct my pay for that day. If I protest, they simply say that I can leave the job, but they will not grant me leave, whatever be my need. I would like to know what are my rights as an employee and whether I am eligible to any leave benefits at all or not. Please let me know what legal course of action I can take. Kindly advise me on this matter.
N. Chakraborty, Howrah
A:Initially, the Supreme Court of India was of the view that persons engaged in sales promotion jobs did not come within the purview of the definition of a workman and were entitled to protection under the Industrial Disputes Act 1947, but subsequently, Parliament enacted the Sales Promotion Employees (Conditions of Service) Act, 1976, whereby ?persons employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business? (but not employed in a supervisory category) were made eligible for protection under the Industrial Disputes Act and other related labour legislations such as the Workmen?s Compensation Act, 1923, Minimum Wages Act, 1948, Maternity Benefit Act, 1961, Payment of Bonus Act, 1965 and Payment of Gratuity Act, 1972.
Thus, as a medical representative you appear to be covered under the said statutes and are entitled to all the types of ?leave? mentioned therein. For instance, the Act provides that besides the prescribed holidays, casual leave or other kinds of leave, you are entitled to earned leave on full wages for one-eleventh of the period spent on duty and also to leave-on-medical-certificate on one-half of the wage for one-eighteenth of period of service.
Such earned leave can be accumulated up to a prescribed limit and be availed of at the end of your service. In the event of your employer not adhering to any of the provisions of the said Acts you may file a complaint before the appropriate authority and your employer and/or its officers are liable to be prosecuted under the said Act. The rights of other private sector employees (who are not deemed to be workmen) depend largely on the terms and conditions of their contract of employment and in case of breach they can only seek monetary compensation by way of civil litigation against their employer.
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