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12 KOLKATA
FMRAI NEWS
Rs.3
1 JULY 2014
In pursuance of six
demands, as notified by
FMRAI, ICPA field workers
have successfully resorted to
state-wise relay strike so far in
West Bengal on 17 June, on
19 June in Tamilnadu, in
Madhya Pradesh-Chattishgarh
on 24 June and in Rajasthan
on 26 June. All 58 field workers
in these four states ceased
sales promotion activities and
made the strike complete and
total. Relay strike will now enter
in NE region on 1 July followed
by in remaining states. FMRAI
secretariat congratulates the
ICPA field workers for their
magnificent response.
In West Bengal, Striking
ICPA field workers staged day
long dharna in front of C&F at
Kolkata. Around 100 council
subcommittee
members
staged a demonstration and a
gate meeting was held which
was addressed by leaders
which include FMRAI's vice
president Alok Ganguli, working
committee member and
Mumbai Court
Ordered Status Quo
on Elder-Torrent Deal
On FMRAI's petition, Justice M. S. Sharma of the city civil
cour t in Mumbai on 13 June ordered status quo in the
operationalization of the Elder-Torrent deal till further hearing.
FMRAI petition pointed out that there were two agreements on
the same issue i.e. sale/purchase of establishments of two
divisions of Elder in Mumbai. One agreement was between Elder
and Torrent (1st agreement) and the other one is between Elder
and FMRAI's Welfare Committee dated 20 January, 2014 (2nd
agreement).
It is pointed out in the petition that while Elder and Torrent are
operationalsing the 1st agreement, they conspired and breached
the 2nd agreement by selectively eliminating 52 union
functionaries and union's functioning. FMRAI will take further legal
steps against both on violation of court's order, if required. FMRAI
is also separately pursuing unfair labour practices cases in labour
courts under the provision of MRTU & PULP Act in Mumbai.
Separate disputes are also pending in conciliation under I. D.
Act.
Till the decision of the courts, FMRAI secretariat advised 52
field workers, who have been eliminated from the establishments
of A2 & B-Gynae divisions, and hundred plus field workers, who
refused to give undertaking in leaving the union, to send their
work report to Elder through its portal E-force, the old official
reporting system of Elder, without prejudice to the 20 January
agreement and claims.
Spending Rs.2004 crores to purchase two divisions from Elder,
breaching the agreement and resorting to unfair labour practices;
the Torrent management is now desperate to recover the
investment quickly by consolidating and expanding the market
of the two newly acquired divisions. FMRAI with its network will
not allow them to get away with the breach of agreement, unfair
labour practice and ending hitherto existing union in these
establishments. FMRAI's secretariat decided, in addition to
ongoing agitation against Elder, to launch countrywide campaign
against Torrent during 15 - 31 July through handbill distribution
amongst doctors/chemists; postering at stockists/distributors/
market areas; staging demonstrations and submitting
memorandum to Maharashtra chief minister by all including all
subunits.
FMRAI NEWS
JULY 2014
COUNCIL NEWS
FMRAI NEWS
l JULY 2014 l
Strengthen Councils;
Build United-Councils Movement
Apart from giving more efforts in organising / consolidating companywise field-workers councils and their separate movements under FMRAI;
united movement of councils to build a powerful industry-wide movement is
the priority task today to effectively counter the aggressive challenge of the
drug monopolies in this present phase of neo-liberal dispensation.
As for example, SmithKline Beecham field workers' legal right, their right
of trade union and collective bargaining and settlement were withered away
overnight in 2000 when Glaxo took over the company and became GSK. At
that point of time it was SKB-specific issue. But, today, when acquisitions
and mergers are taking place in rapid space with government's policy of
encouraging 100% FDI, even through acquisition route, this is emerging as
a major industry-issue. The refusal of Elder / Torrent management to jobtransfer of 52 field workers is not the simple question of numbers; but has
the clear agenda of ending all council movement's achievements in Elder.
Only such a united-councils movement can defend the already
established rights and gains, which were achieved through years of struggles
and sacrifices. Led by multinationals, the organized sector pharma companies
are attacking, in new ways, the field workers' trade union, represented through
councils; their legal and bargaining rights, as established through periodical
wage-settlements and bilateral agreements through grievance committees.
This is being manifested with acquisitions, mergers, purchase of products
and divisions since 2007. The rights and gains are being taken away
overnight. This challenge is emerging out as a common industry-wise issue.
This is not company-specifics anymore. This attack needs to be resisted
unitedly by all 137 councils as of now and more as they will be organized.
Such a powerful united movement will act as an umbrella movement under
which company-specific movement can be built up. This industry-wise
coverage movement of united-councils is to be complemented by council's
in-company movement. Both movements are complementary to each other.
United council movement needs a united all India platform with its
network in states and down to subunits. All India council subcommittee is
this platform. Its zonal, state and subunit council-subcommittees is its
network, spread in all towns and cities. The companies can attack inside.
But, it cannot challenge this network outside and, that too, throughout
India.
All India centre has to lead this movement from the front; and the core
committees of council-subcommittee at - all India, zone, states and subunits
-have to collectively play crucial role in consolidating and leading this unitedcouncils movement in their respective areas.
Such united-councils movement requires higher level of consciousness
- the consciousness that individual interests are linked with council's
interests and that council's interests are deeply linked with united-council
movement. Establishment-consciousness within the company needs to be
lifted to a higher industry-consciousness. This needs to be developed first
among the council leadership at all levels and FMRAI's all India, zonal,
states and subunits leadership so as to build a common uniform
understanding.
In this background, the all India council subcommittee meeting, held at
Bhubaneswar in May, 2014, decided to quickly establish the link between the
company-wise councils and the united platform of all councils - the council
subcommittees - at all levels under FMRAI's organizational network - the
zone, states and subunits.
With this objective, state level meetings of conveners and joint conveners
of all councils are taking place at present which will be followed by subunit
level meetings of all field workers of these councils which will conclude in
the conventions in all 344 local units of FMRAI in September.
Finally, the main action area is the subunits where all India councilsubcommittee decisions are being implemented. Further, subunits' role
assumes more importance as the situation changed substantially from the
days when council movement began. The number of company-wise field
workers increased manifold and huge divisionalisation has taken place. As
was identified and decided by the all India council-subcommittee, 'Subunit
Councils' has to be formed urgently in nine identified companies with large
number of field workers in the FMRAI's sub-units.
Core committees, as the leaders of council subcommittees at different
levels, must take up the task of reorienting and establishing its network
urgently. Managements know about our old network and form of movement
and developed their own tactics to counter FMRAI's movement. They make
use of some distortions in field workers movement taking legal and
administrative help to divert from the main issue, and project the same for
securing policy advantage and for non-implementation of labour laws. They
are yet to taste the collective potential of united-councils movement spread
across 344 local units of FMRAI.
2
Demanding appointment
letter in Form A; constitution
of grievance redressal forum;
reinstatement of terminated
field workers at their
respective head quarters;
withdrawal of victimized
transfers
and
against
unethical
trading
and
marketing practices of the
Alembic
management;
thousands of field workers
organized in councils across
India wore demand badges on
anti Alembic days during 23
and 24 June. This was the first
in the series of movemental
programmes against Alembic
as decided by the Alembic
council during its meeting held
at Kolkata on 21 April. Future
programmes will include statewise relay strike, march to
Mumbai etc.
On 24 June, state council
subcommittees
staged
massive demonstrations
before
the
company's
establishments at Jaipur,
Vijaywada,
Patna,
Chennai,Cuttack, Hyderabad
and Kolkata. Memoranda
were sent to the labour
minister of Gujarat by BSSRU,
KSM&SRA, OSRU, MSMRA,
Demonstration at Guntur
RMSRU,
WBMSRU, Vijayawada, Guntur, Ongole,
KMSRA, HPMRA and CRU Nellore, Tirupathi, Anantapur,
(NER).
Kadapa,
Kurnool,
Further, 189 out of 225 Mahboobnagar, Warangal,
Alembic field workers in the Khammam,
Karimnagar,
state of Andhra Pradesh Nizamabad,
Nalgonda,
irrespective
of
their Hyderabad, Kukatpally and
designations and divisions Secunderbad. Complaints
went for a day's strike on 17 with the labour authorities
June protesting against were lodged at Srikakulam,
victimized transfers of three Visakhapatanam, Kakinada,
field workers of the state, Eluru, Vijayawada, Guntur,
one from Enteron division Anantapur,
Kurnool,
and two from Maxis division; Nizamabad, Warangal and
and against harassments Nalgonda. On the day, protest
and humiliations in the name letters were sent to the
of sales review meetings by company's president by
calling them individually at WBMSRU,
MPMSRU,
the company's head office. RMSRU, CRU, APMSRU,
Strike was successful at OSRU, MSMRA, KSM&SRA,
Srikakulam, Vizianagaram, BSSRU,
HPMRA
and
Visakhapatanam, Kakinada, KMSRA as a par t of their
Rajhamundry,
Tanuku, solidarity action with the
Eluru,
Bhimavaram, striking field workers.
and
TNMSRA
council
convener
Thangavelayuthan. Demonstration in front
of C&F was staged at Jaipur also.
The strike demands include constitution
of grievance committee for the field
workers, revocation of 8 punitive transfers
of leading functionaries, withdrawal of
illegal work lock out served on large
number of field workers, immediate
payments of salary and expenses; against
illegal and arbitrary introduction of new
work systems in gross violation of Section
9A of Industrial Disputes Act, 1947 etc.
The FMRAI's charter of demands on
behalf of the SPEs of the Company is now
pending in the Industrial Tribunal (IT no.11/
2013). Further, against the unfair labour
practices of the management, FMRAI filed
a case which is pending in the industrial
cour t at Mumbai (ULP no.117of 2014).
Based on under taking given the
CRU
FMRAI NEWS
JULY 2014
COUNCIL NEWS
Settlement / Understanding
Wage Settlement
Signed in Janssen
A
long
term
wage
settlement between Janssen
Pharmaceuticals, a division of
Johnson & Johnson Limited
and FMRAI's committee was
signed on 20 June at Mumbai.
This was the 8th successive
settlement in a row and was
signed under the provisions of
Industrial Disputes Act, 1947.
The settlement was for three
years and six months, effective
from 1 January, 2014. The
settlement would derive a
minimum benefit of Rs.2945
and Rs. 8722 as maximum per
field worker per month as on 1
January, 2014.
Upward improvement of the
existing pay scale was made
by adding Rs. 200 at the entry
point with corresponding rise in
the annual rate of increment by
Rs. 40 as minimum and Rs. 315
as maximum in different slabs
depending upon service
seniority. Thereafter, fitment
was made on point to point
basis, as per length of service.
The existing five slabs of
house rent and education
allowances were improved to
six slabs by adding one more
slabs for the fieldworkers above
25 years of service. Field
workers would be benefited
ranging from Rs 50 to Rs. 250
in house rent and ranging from
Rs.50 to Rs. 200 per month
depending upon service
seniority. The existing vehicle
maintenance allowance was
improved by Rs 50 thereby
making it Rs.400 per month
and business communication
Meeting in
Hetero
A meeting between the
management and FMRAI's
five-members-grievancecommittee of Hetero Drugs,
was held on 20 June at the
head office of the company in
Mumbai
in
a
cordial
atmosphere. Understandings
were arrived at on certain
issues.
The understanding was on
- the letters of appointment to
all existing fieldworkers in
Form-A including new recruits;
payment of due incentive
amounts to two field workers
in Andhra Pradesh and West
Bengal; to remove anomalies
in per km mileage for payment
on road travel and stop
unnecessary deductions on
this; to provide non-working day
allowance at outstations.
Management also agreed to
look into the cases of delayed
confirmation and asked
committee
to
provide
KMSRA
Welfare Committee
Meeting in Intas
Welfare committee meeting between Intas
management and all India and joint all India
convener of Intas council was held at
Ahmedabad on 23 June.
Management informed that the newly
recruited sales promotion employees (SPEs) are
being issued appointment letters in Form-A of
SPE Act as discussed earlier and for existing
SPEs, management is examining the modalities
of issuing the same. Management assured to
look into the issues of delay in confirmation of
services of the enlisted SPEs submitted by the
committee members.
In respect of problems and inconveniences
emanating from electronic reporting system
(FFR) like applying leave, expenses etc.
management assured to look into those issues
JULY 2014
FMRAI NEWS
STATE NEWS
RMSRU State Council Meeting RMSRU Protests
Adopting
resolutions
demanding gazette notification
by the state government on 8
hours work for the field workers
of Rajasthan; Rs 10,000 as
minimum wage; necessary
correction in the state
government's new wage
definition; state amendment of
section 2 (s) of the Industrial
Disputes Act, 1947 and to
protect the interests of the
common people and the
WBMSRU District
Conferences
7 out of 19 districts of
WBMSRU
held
their
conferences during 15-22 June,
attended by 1239 elected
delegates. Leaders of CITU,
FMRAI, WBMSRU and other
mass organizations addressed
and greeted these conferences.
Kolkata district conference
was inaugurated by WBMSRU's
president Rabin Deb on 21
June. CITU's district secretary
Debanjan Chakraborty greeted.
On 22 June, Hooghly district
conference was inaugurated by
CITU's general secretary Tapan
Sen. 122 delegates discussed
on the reports placed by the
district
secretaries
and
treasurers and were adopted.
New district committees were
elected unanimously.
Conferences
elected
Subrato Podder as president
and Santanu Roy as secretary
at Nadia; Sumit Roy, Sanjay
such
announcement
bypassing the Parliament just
before the railway budget. They
highlighted that such action of
president
and
Amitava
Banerjee as secretary at South
Dinajpur and Gautam Sarkar as
president and Dipankar
Chakraborty as secretary at
North Dinajpur.
Conferences of the rest 12
district
committees
of
WBMSRU will be completed
within July and the state
conference is scheduled to be
held at Kolkata in September.
Printed by D P Dubey, published by D P Dubey on behalf of Federation of Medical and Sales Representatives Associations of India and printed at Satyajug
Employees Co-operative Industrial Society Ltd. 13 Prafulla Sarkar Street, Kolkata-700 072 and published at 60-A, Charu Avenue Kolkata-700 033
EDITOR : D P DUBEY