The Sales Promotion Employees (Conditions of Service) Act, 1976

(1) This Act may be called the SalesPromotion Employees (Conditions of Service) Act, 1976. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different States. (4) It shall apply in the first instance to every establishment engaged in pharmaceutical industry. (5) The Central Government may, by notification in the Official Gazette, apply the provisions of thisAct, with effect from such date as may be specified in the notification, to any other establishment engagedin any notified industry.

In this Act, unless the context otherwise requires,-- (a) "establishment" means an establishment engaged in pharmaceutical industry or in any notifiedindustry; (b) "notified industry" means an industry declared as such under section 3; (c) "prescribed" means prescribed by rules made under this Act; 1[(d) "sales promotion employees" means any person by whatever name called (including anapprentice) employed or engaged in any establishment for hire or reward to do any work relating topromotion 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 exceedingsixteen hundred rupees per mensem; or (ii) who is employed or engaged mainly in a managerial or administrative capacity. Explanation.--For the purposes of this clause, the wages per mensem of a person shall bedeemed to be the amount equal to thirty times his total wages (whether or not including, orcomprising only of, commission) in respect of the continuous period of his service falling within theperiod of twelve months immediately preceding the date with reference to which the calculation is tobe made, divided by the number of days comprising that period of service;] (e) all words and expressions used but not defined in this Act and defined in the IndustrialDisputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.

TheCentral Government may, having regard to the nature of any industry (not being pharmaceuticalindustry), the number of employees employed in such industry to do any work relating to promotion ofsales or business or both, the conditions of service of such employees and such other factors which, in theopinion of the Central Government, are relevant, declare such industry to be a notified industry for thepurposes of this Act.

1[(1)] In addition to such holidays, casual leave or other kinds of leave as may beprescribed, every sales promotion employee 2*** shall be granted, if so requested for-- (a) earned leave on full wages for not less than one- eleventh of the period spent on duty; (b) leave on medical certificate on one-half of the wages for not less than one-eighteenth of theperiod of service. 3[(2) The maximum limit up to which a sales promotion employee may accumulate earned leave shallbe 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 employeeand 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 aspunishment), 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 such cash compensation shallbe payable), in respect of the earned leave earned by him and not availed of. (5) Where a sales promotion employee dies while in service, his heirs shall be entitled to cashcompensation 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 maybe, his heirs in respect of any period of earned leave for which he or his heirs, as the case may be, is or areentitled to cash compensation under sub-section (4) or sub-section (5), as the case may be, shall be anamount equal to the wages due to such sales promotion employee for such period.]

Every employer in relation to a sales promotion employee shallfurnish 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 threemonths of such commencement; and (b) in any other case, on his appointment as such.