The Federation of Medical and Sales Representatives' Association of India (FMRAI) has sought central government's intervention in settling various issues, including amendment of section 2(J) of Industrial Disputes Act to accord workmen status to the sales representatives and also to make self promotion joint responsibility of the employers and the employees.
An FMRAI delegation has recently met Union minister for Labour and Employment, Oscar Fernandez, in this regard. Sources in the FMRAI said that the minister has assured the FMRAI delegation of some concrete actions from the government's part in the near future to solve the issues raised by the FMRAI. These issues have been pending for a long time, thanks largely to the apathetic attitude of the government towards these demands.
Apart from the amendment of section 2(J) of Industrial Disputes Act, the FMRAI demands included the extension of SPE Act to other industries, formation of a tripartite committee consisting representatives of government, FMRAI & the employers and framing of working rules to the sales representatives.
On the issue of according workmen status to the medical and sales representatives, FMRAI wants the central government to put the sales staff under the purview of Industrial Disputes Act so that the sales representatives also work for a fixed number of hours as per the law. At present, as the sales representatives are not covered under the Industrial Disputes Act, they are exploited by the employers by making them work for long hours without any extra remuneration.
In this regard, the FMRAI wants other states to follow the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (MRTU & PULP Act) 1999. The MRTU & PULP Act, 1999, in line with the Industrial Disputes Act (1947), gives workmen status to the medical and sales representatives and provides them all the benefits meant for factory workers.
But the employers are against the MRTU & PULP Act. They claim that since medical representatives do scientific dealings to the doctors they cannot be considered as workers. The work of medical representatives is knowledge-based one and it is not a labour. It should not be considered as an ordinary job, the employers say.
The pharma industry in Maharashtra has already demanded the state government to amend the law and a committee headed by the state Labour Minister is examining the issue.