Q: I was employed by a pharmaceutical company about three months ago. The job is in the company’s sales promotion department. The company’s business is to manufacture and sell medicines and other pharmaceutical products. My job is to visit retail shops selling medicines and other pharmaceutical products. I also visit doctors to promote the company’s products. Inspite of repeated requests, the company has not given me any appointment letter. I am feeling insecure without a formal appointment letter though my wages and other allowances are being paid regularly. Do I have any legal right to insist upon the company to issue an appointment letter to me?
Name Withheld
A: Under Section 5 of the Sales Promotion Employees (Conditions of Service) Act, 1976, the company is obliged to furnish you a letter of appointment in the form prescribed in the 1976 Rules framed under the said Act provided that your employer is an “establishment” and you are a “sales promotion employee” within the meaning of Sections 2(a) and 2(b) respectively of the said Act.
If you come within the purview of the said Act, you can legitimately insist on the issuance of an appointment letter by the company. Violation of the provision of Section 5 of the said Act by an employer is an offence punishable with fine upon conviction by a metropolitan magistrate or a magistrate of a first class or other superior court. However, the complaint has to be made within six months of commission of the offence. But before taking such a step, please consider the adverse repercussion it may have on your relationship with your employer.
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