Section 11A of THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976
- (1)The provisions of this Act or of any rule made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement, settlement or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such law, award, agreement, settlement or contract of service, a sales promotion employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the sales promotion employee shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this Act.
- (2)Nothing contained in this Act shall be construed to preclude a sales promotion employee from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act.]
Summary
- Guarantees that the rules of the Act override any older or newer laws, contracts, or agreements that offer worse terms for the employee.
- Protects employees who already have better benefits from other laws, awards, or agreements, allowing them to keep those superior benefits.
- Allows an employee to receive the more favorable benefits for a specific matter while still relying on the Act for all other matters.
- explicitly permits employees to sign new agreements with their employers in the future to get rights or privileges that are better than what the Act guarantees.
Practical examples
FAQ
1. Does Section 11A of the Sales Promotion Employees Act cancel my existing employment contract entirely?
No, Section 11A of the Sales Promotion Employees Act only overrides the parts of your contract that are inconsistent and less favorable than the Act itself.
2. Can I agree to better terms with my boss under Section 11A of the Conditions of Service Act?
Yes, Section 11A of the Conditions of Service Act specifically allows you to enter into agreements for rights that are more favorable to you than what the Act provides.
3. What if another law gives me a better benefit than Section 11A of the 1976 Act?
Under Section 11A of the 1976 Act, you are allowed to keep the more favorable benefit from that other law for that specific matter.
Test yourself
Q1.What happens if an employment contract conflicts with the rules of The Sales Promotion Employees (Conditions of Service) Act, 1976 under Section 11A?
Q2.Can an employee keep a highly favorable benefit from an old award while using the Act for other matters under Section 11A of The Sales Promotion Employees (Conditions of Service) Act, 1976?
Q3.How does Section 11A of The Sales Promotion Employees (Conditions of Service) Act, 1976 handle new, highly favorable agreements made after the Act?
Q4.Under Section 11A of The Sales Promotion Employees (Conditions of Service) Act, 1976, what exactly is given overriding effect against inconsistent, less favorable contracts?