Section 4 of THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976
1[(1)] In addition to such holidays, casual leave or other kinds of leave as may be prescribed, every sales promotion employee *** 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 the period of service. 3[(2) The maximum limit up to which a sales promotion employee may accumulate earned leave shall be 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 employee and 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 as punishment), 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 shall be 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 cash compensation 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 may be, his heirs in respect of any period of earned leave for which he or his heirs, as the case may be, is or are entitled to cash compensation under sub-section (4) or sub-section (5), as the case may be, shall be an amount equal to the wages due to such sales promotion employee for such period.]
Summary
- The single most important thing this section does is legally guarantee specific types of paid leave and leave-cashing rights for sales promotion employees.
- It grants earned leave on full wages for at least one-eleventh of the time the employee spends on duty.
- It grants medical leave on half wages for at least one-eighteenth of the employee's total period of service.
- It establishes that a worker can get cash compensation for unused earned leave if they resign voluntarily, retire, or are terminated for a reason other than punishment.
- It ensures that if an employee dies while employed, their heirs will receive cash compensation for their unused earned leave.
- It limits the amount of cash compensation to the exact wages that would have been due for that leave period.
Practical examples
FAQ
1. How much earned leave does Section 4 of the Sales Promotion Employees (Conditions of Service) Act require?
Under Section 4 of the Sales Promotion Employees Act, an employee gets earned leave on full wages for not less than one-eleventh of the period spent on duty.
2. What are the rules for medical leave under Section 4 of the 1976 Act?
Section 4 of the 1976 Act states that medical leave requires a medical certificate and is granted on one-half wages for not less than one-eighteenth of the period of service.
3. Can an employee fired for misconduct cash out their leave under Section 4 of the sales promotion law?
No, Section 4 of the sales promotion law specifically excludes employees whose services are terminated as punishment from getting cash compensation for unavailed earned leave.
4. What happens to unused leave if a worker dies, according to Section 4 of the Sales Promotion Employees Act?
According to Section 4 of the Sales Promotion Employees Act, if an employee dies in service, their heirs are entitled to cash compensation for the earned leave not availed of.
Test yourself
Q1.Under Section 4 of the Sales Promotion Employees (Conditions of Service) Act, 1976, what is the required ratio for earning leave on full wages?
Q2.According to Section 4 of the 1976 Act, what condition must be met to receive leave on one-half of wages?
Q3.Under Section 4 of the sales promotion law, in which of the following scenarios is an employee NOT entitled to cash compensation for unused earned leave?
Q4.If an employee accumulates earned leave and then dies while in service, who gets the cash compensation according to Section 4 of the Sales Promotion Employees Act?