People's Democracy

FMRAI’s Countrywide Strike Against Victimisation

Sudhir Kumar

MORE than 75,000 medical representatives of the country, under the banner of Federation of Medical and Sales Representatives Associations of India (FMRAI) are participating in a 50-day long state-wise relay strike protesting against the attempts of the pharmaceutical companies to deny basic trade union rights to the large sections of sales promotion employees. The strike, which began from Kerala on May 8 and is evoking good response, is also against the unethical practices of these companies, against the tremendous increase in workload and also against the policy of ‘ hire and fire”.

M/s Wockhardt Ltd., a leading Mumbai based pharmaceutical company, provides one such glaring instance of victimisation of medical representatives by the pharma companies. It has summarily dismissed more than 77 field workers who were organised under the FMRAI. Smacking of arbitrariness, the company cited declining sales for this action (not on any disciplinary ground). It has also effected large number of transfers of the Sales Promotion Employees.

In order to pre-empt any opposition by the employees union to these actions, the Wockhardt management issued an official circular on February 6, 2003 stipulating that the company will not deal with the only representative union of the Sales Promotion Employees, the FMRAI; any response to FMRAI’s call by an employee will be considered an undisciplined act and appropriate action will be taken against such respondents; the management will take firm action against individuals who maintained any relationship whatsoever, directly or indirectly, with the FMRAI.

The same circular also arrogantly announced the management’s decision to hire the services of some well known ex-police chiefs to deal with “any violation of the law and order” thereby directly intruding upon the jurisdiction of the government and local administration.

This approach of the management was tantamount to the denial of right to the freedom of association to the Sale Promotion Employee. Though the FMRAI has taken up the matter with the labour department, it is yet to get a proper remedial response in the face of the ongoing spree of dismissals, transfers and open intimidation of the Sales Promotion Employees.

The FMRAI has filed a petition before the National Human Rights Commission against violation of human rights by M/s Wockhardt Ltd, particularly its action of mobilising the ex-police personnel for maintaining “law and order”. The petition also sought action against the company for infringing on the right of association, for violating the rules of natural justice and for infringing on the right to protest.

The Centre of Indian Trade Unions (CITU) has also filed a complaint with the International Labour Organisation (ILO) against the Wockhardt management for its violation of basic labour standards set by ILO and against the Indian government for its indulgence to the management by way of its inaction in the matter despite several complaints lodged by FMRAI against the management.

UNETHICAL PRACTICES

The management of Wockhardt besides perpetuating a reign of terror on the employees is also indulging in unfair trade practices, which were exposed by a section of national media. The field workers of Wockhardt under the banner of FMRAI  were seriously concerned about these developments. It is they who have to face the medical practitioners, medicine traders and public. Such  developments adversely affect their own interest. For this reason, the FMRAI wrote letters to the chairman of the company, drawing his personal attention to the unethical sale practices being indulged by the management at various levels giving specific details regarding the same and requesting the management to investigate the unethical marketing and sales practices and take suitable actions against the concerned persons. However, instead of taking action against those who were indulging in such activities, the management resorted to discontinue negotiations with FMRAI, derecongised the union and resorted to massive victimisation as stated above. Wockhardt – Merind field workers, who are members of the FMRAI, have gone on strike protesting against these actions of the management.

(The writer is president of FMRAI)