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Sales Promotion Employees (Conditions Of Service) Act

Section:4, R.9-14 :Earned Leave

Obligation : To provide all sales promotion employees earned leave as prescribed

Type:Preventive Compliance Frequency: Half Yearly

Action to be taken:
All sales promotion employees are permitted earned leave on full wages for not less than one-eleventh of the period spent on duty.

Earned leave can be accumulated for upto 180 days and can be availed upto 90 days at a time, provided that if the employee is suffering from a lingering illness as specified in Rule 14(1), he may be granted leave of more than 90 days at a time.

A leave application shall be made in writing to a competent officer, and at least one month before the date of commencement, except in urgent or unforeseen circumstances.

If leave is refused or postponed, the competent officer shall record the reasons and send a copy of the order to the employee.

Holidays other than weekly days of rest cannot be prefixed or suffixed to earned leave without the prior sanction of the competent officer. Any holiday or weekly rest day intervening in the leave shall be counted as part of the period of leave.



Audit Requirement:
Are all sales promotion employees provided earned leave as prescribed

Supporting Documents:
Written Confirmation of Compliance
Related Sections:
Sales Promotion Employees (Conditions Of Service) Act, 1976
4:Leave:
(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.
[(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.]


Sales Promotion Employees (Conditions of Service) Rules, 1976
Chapter:Holidays and Leave| 9:Application for leave:
(1) A sales promotion employee who desires to obtain leave of absence shall apply in writing to the competent officer.
(2) Application for leave, other than for casual leave, leave on medical certificate and quarantine leave, shall be made not less than one month before the date of commencement of leave, except in urgent or unforeseen circumstances.
Sales Promotion Employees (Conditions of Service) Rules, 1976
Chapter:Holidays and Leave| 10:Recording of reason for refusal or postponement of leave:
If leave is refused or postponed, the competent officer shall record the reasons for such refusal or postponement, as the case may be, and send a copy of the order to the sales promotion employee concerned. Sales Promotion Employees (Conditions of Service) Rules, 1976
Chapter:Holidays and Leave| 11:Affixing of holidays to leave:
Holidays, other than weekly days of rest, shall not be prefixed or suffixed to any leave without the prior sanction of the competent officer. Sales Promotion Employees (Conditions of Service) Rules, 1976
Chapter:Holidays and Leave| 12:Holidays intervening during the period of leave:
A holiday, including a weekly rest day, intervening during any leave, except casual leave, granted under these rules shall form part of the period of leave. Sales Promotion Employees (Conditions of Service) Rules, 1976
Chapter:Holidays and Leave| 13:Recall before expiry of leave:
(1) The establishment may recall a sales promotion employee on leave if the employer considers it necessary to do so and in the event of such recall the employee shall be entitled to travelling allowance for the journey undertaken by him to join duty if at the time of recall the employee is spending his leave at a place other than his headquarters.
(2) The travelling allowance which shall be paid to a sales promotion employee under sub-rule (1) shall be determined in accordance with the rules of the establishment governing travelling allowance for journeys undertaken by the employees in the course of their duties.
Sales Promotion Employees (Conditions of Service) Rules, 1976
Chapter:Holidays and Leave| 14:Earned leave and cash compensation for earned leave not availed of:
(1) The maximum limit up to which earned leave can be accumulated shall be 180 days out of which a sales promotion employee can avail himself of 90 days at a time:
PROVIDED that where a sales promotion employee is suffering from any lingering illness such as, tuberculosis, cancer, leprosy, heart disease or mental illness, or any disability which prevents him from attending to his duties, the competent authority may allow the sales promotion employee to avail himself of earned leave for any period exceeding 90 days at a time.
(2) When a sales promotion employee voluntarily relinquishes his post, or retires from service on reaching the age of superannuation, he shall be entitled to cash compensation for earned leave earned by him and not availed of:
PROVIDED that a sales promotion employee shall not be entitled to cash compensation for earned leave not availed of for a period exceeding 120 days.
(3) Notwithstanding anything contained in sub-rule (2) where a sales promotion employee had applied for earned leave due to him so as to enable him to avail, of such leave immediately before the voluntarily relinquishes his post or retires on reaching the age of superannuation and such leave was refused, the sales promotion employee shall be entitled to cash compensation for the entire period of earned leave so refused as well as cash compensation for the period of earned leave due to him, in respect of which no application to avail of the same was made; so, however, that the total period of earned leave for which cash compensation shall be payable under this sub-rule shall not exceed 180 days.
(4) Where a sales promotion employee dies while in service his heirs shall be entitled to cash compensation for the entire earned leave due to such employee and not availed of.
(5) Where a sales promotion employee's services are terminated for any reason whatsoever (not being termination as punishment), he shall be entitled to cash compensation for the entire earned leave due to him and not availed of.
(6) The cash compensation payable under this rule in respect of earned leave shall be equal to the amount of wages due to the sales promotion employee for the period of leave not availed of or refused.