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4 KOLKATA
FMRAI NEWS
Rs.3
1 DECEMBER 2014
FMRAI NEWS
DECEMBER 2014
FMRAI NEWS
Macleods Dharna
from page-1
l DECEMBER 2014 l
Oppose Retrograde
Amendment of Labour Laws
It is another attack of Modi government on the legal rights of
the sales promotion employees. On 25 November, The Labour Laws
(Exemption from Furnishing Returns and Maintaining Registers by
Certain Establishments) Amendment Bill, 2011 was passed by
majority in Rajya Sabha on 25 November and by the Lok Sabha on
28 November, 2014. By this amendment certain establishments are
exempted from submitting annual returns and maintaining registers
of 16 labour laws, one of which is the Sales Promotion Employees
(Conditions of Service) Act, 1976.
The original 1988 Act had such exemption provision for the
company establishments which are having total number of workers
up to 19. This exemption threshold has been raised from 19 to 40 by
this amendment. That means, those company establishments, which
are having total number of workers up to 40, need not submit annual
returns and maintain registers as required by different labour laws
including SPE Act. In any case they have to abide by the law. The
exemption is from submission of annual returns and maintaining
registers.
These small establishments would have to furnish just one return
in place of several returns as existing. Further, the amendment allowed
the employers to maintain registers / records electronically in computers
or other devices and submitting return electronically etc. etc.
The total number of factories and huge number of workers will
be adversely affected by this amendment as majority of the factories
employ workers less than 40. As far as the Sales Promotion
Employees are concerned, very few small scale sector companies,
having total number of workers upto 40, employ the Sales Promotion
Employees. But, the field workers must remain vigilant against any
move by the employers to take advantage of the amendment for an
escape route from maintaining registers etc. In this background,
the ongoing state-related programme and all India programme to
certain drug producing states for enforcement of SPE Act has
become priority.
There was an earlier attempt for amendment of the Act in 2005.
Parliamentary Standing Committee returned the 2005 Bill to the
government with approval of proposed stronger punishment clause
for violation, but for raising threshold for exemption recommended
consensus with the trade unions. That time government withdrew the
Bill.
The present Bill is silent on punishment clause for violation of
the laws by the employers; increased the number of labour laws
from 9 to 16; increased the threshold to 40 workers without
consultation with the trade unions; and was placed and passed by
the Parliament.
Under section 5 and Rule 22(1) under the Act, each sales
promotion employee shall be provided with appointment letter in
prescribed Form-A. But, large number of pharmaceutical companies
is issuing illegal appointment letters. With the advent of economic
liberalization, pharmaceutical companies are recruiting sales
promotion employees under the designations of officers with an
aim to push them out of the purview of SPE Act in order to deny
them the benefits of law. Further, under section 7 of the Act, employers
are to maintain service books and other registers in prescribed
formats which are also grossly violated by the employers. Ironically,
the State governments, who are to enforce this law, remain simple
onlookers. The Inspectors, appointed under the law, did not even
verify as to whether appointment letters were issued to sales
promotion employees in prescribed Form A or not, as to whether
registers are being maintained or not.
Violation of existing laws by employers and inaction of the
governments enforcement authorities are leading to large number
of victimizations, litigations and anarchy in the industry. This has
forced FMRAI to press demands before Central government for
effective enforcement of laws, for expansion of laws and constitute
Industrial Tripartite Committee for the Sales Promotion Employees
which was constituted in January this year by UPA government,
dissolved by Modi government in July and following agitation and
protest by fieldworkers again restored in October.
Against the retrograde amendment of labour laws, field workers
will oppose the Central governments move and will participate in
the national protest day on 5 December, as decided in the national
convention of joint platform of all the central trade unions and
national federations/organizations including FMRAI.
2
Victory Day
from page-1
Vargheseinaugurated
the
convention held on the previous
day. Karnataka field workers
staged dharna in front of C&F
at Bangalore. A gate meeting
was held there, addressed by
KSM&SRA leadersChandra
Kumar and others.189 field
workers of Telengana and
Andhra Pradesh participated in
the dharnas held at Hyderabad
and Vijaywada. FMRAI secretary
T. Kameswar Rao and others
addressed the gate meetings. In
Tamilnadu, field workers took
leave and attended conventions
in Kanchipuram, Pondy,
Thanjavur, Nagercoil, Salem,
Erode,
Madurai,
Trichy,
Tirunelveli,
Coimbatore,
Dindigul andKumbakonam.
All India council Macleods
council meeting has been called
on 17-18 January to take stock
of the situation and to decide
future course.
FMRAI NEWS
DECEMBER 2014
COUNCIL NEWS
All India Council Conferences
German Remedies
Albert David
was
discussed
by
24
participants
and
was
unanimously adopted. FMRAIs
general secretary Aloke Kumar
Banerjee in his deliberation
explained the onslaught on the
working class due to corporate
friendly and anti-people policies
pursued by the successive
central governments. He also
narrated the rampant law violation
by the employers of the
pharmaceutical industry. He
urged upon the participants to
remain vigilant to protect the
rights and gainsthat were
achieved through struggle.
Others who addressed include
FMRAIs joint general secretaries
Dipak Bhattacharya and K B
Kadam; its secretary Kameswar
Rao; MPMSRUs general
secretary Shailendra Sharma and
treasurer Anurag Saxena.
A presidium consisting of K
R Rao, AshimGhosal, N S
Lamba, Sandip Chaturvediand
KSubramanian conducted the
proceedings.
unanimously.
The conference was concluded
by FMRAIs general secretary
Aloke Kumar Banerjee. He
congratulated the Albert David
field workers for achieving eight
successive wage settlements. He
highlighted that bilateral industrial
relation has been improved in the
company and many issues have
been settled through discussion.
He, however, urged upon the
participants to remain vigilant in
defending the rights and gains
achieved through years of
struggle.
Others who greeted include R
P Singh, secretary, FMRAI;
UPMSRAs president Rakesh
Pandey; its general secretary
Hemant Singh; all India
conveners Subrata Banerjee of
Deys council and Sourabh Bose
of Lupin council and others.
Wife of late Comrade
Manoj Dhar, former Albert
David council convener of
UPMSRA who died in a road
accident in 2011 and wife of
late Comrade Deepak Reheni,
a field worker of the company
who died due to heart attack
in 2012 attended and
addressed the conference
acknowledging the councils
contribution during their crisis.
The steering committee
comprising R N Tiwari; D Sen;
Swapan Kumar Dey; Debrup
Biswas; KaminderWalia; Shiv
Kumar and the presidium
consisting of Ajay Kumar; D K
Sharma; Vinod Gupta; K V P
Krishna
conducted
the
proceedings.
Cuttuck
Ernakulam
Indore
Chandigarh
Jaipur
3
DECEMBER 2014
FMRAI NEWS
STATE NEWS
Lucknow
Kolkata
Mujaffarpur
Mandi
Surat
Kurnul
Printed by D P Dubey, published by D P Dubey on behalf of Federation of Medical and Sales Representatives Associations of India and printed at Satyajug
Employees Co-operative Industrial Society Ltd. 13 Prafulla Sarkar Street, Kolkata-700 072 and published at 60-A, Charu Avenue Kolkata-700 033
EDITOR : D P DUBEY