Shri Prabhat Chandra Chaturvedi, IAS,
Secretary to Government of India
Ministry of Labour & Employment
Government of India
Shram Shakti Bhavan, Rafi Marg,
New Delhi – 110 001
Dear Shri Prabhat Chaturvediji,
Sales Promotion Employees Act - Extension to 10 other Industries Ministry of Labour & Employment, Notification, New Delhi,
We have following submissions to make with regard to the above Notification.
1. Regrettably the Notification is not in keeping with the spirit of tripartism. Minutes of the meeting held on 12 November 2010 mention of “Broad consensus reached at the meeting”, when in fact there was no consensus. Demands of the trade unions were conceded despite total strong and unequivocal opposition by employers representatives based on facts.
2. EFI and other employers’ representatives even requested as a last resort, to discuss the matter with concerned industries and other representatives before extending coverage of SPE Act which has been denied, without even giving reasons for the same.
3. From time to time, the Pharmaceutical Industry and on their behalf the Employers’ Federation of India have brought to the notice of the Ministry of Labour and Employment atrocities and unlawful activities perpetrated by the FMSRAI on Pharmaceutical industry. We earnestly request your goodself to listen to the problems of the Pharmaceutical Industry and find solution preventing FMSRAI and their associates from indulging in atrocities and unlawful activities which are not in the best interests of the industry and its employees.
: 2 :
4. Ministry of Labour and Employment in issuing this Notification has also not taken into account request by the Ministry of MSME for “keeping MSME Sector out of the purview of the Sales Promotion Employees (Conditions of Service) Act 1976.
5. The Notification also does not take into account AYUSH’s request that “the Department instead like to consult the Associations which are around 14 in number on matters concerning the Sales Promotion Employees”.
6. We refer to our submissions contained in our letter of 29 December 2010 on the above subject state that the Employers’ representatives were/are totally opposed to extension of the Sales Promotion Employees Act to 10 other industries for the reasons enumerated at the meeting as well as in our letter dated 29 December 2010.
We have two requests to make :-
(i) Consider rescinding the Notification and implement only after taking into account views of the concerned industries, and
(ii) Initiate appropriate actions on unions engaging in atrocities and unlawful activities which is not in overall interests of employers and employees.
We would be willing to provide information requested in this behalf.
SHARAD S.PATIL Secretary General
c.c. Mr. Ravi Mathur
Additional Secretary – Government of India
Ministry of Labour & Employment, New Delhi