Home » Alerts » Test to determine supervisory nature of duties depends upon the nature of work attached to the job

DISCLAIMER: The material contained in this publication is solely for information and general guidance and not for advertising or soliciting. The information provided does not constitute professional advice that may be required before acting on any matter. While every care has been taken in the preparation of this publication to ensure its accuracy, Vaish Associates Advocates neither assumes responsibility for any errors, which despite all precautions, may be found herein nor accepts any liability, and disclaims all responsibility, for any kind of loss or damage arising on account of anyone acting / refraining to act by placing reliance upon the information contained in this publication.

The Bombay High Court has clarified that for determining whether an employee is engaged in a supervisory capacity under the Sales Promotion Employees (Conditions of Service) Act, 1976, the key consideration is the nature of duties performed, not the employment status of the persons being supervised.

The Court emphasized that even supervision over third-party personnel (such as distributor sales staff) may still qualify as “supervisory capacity” under Section 2(d), if the nature of work reflects oversight and direction.

We hope you like our publication. We look forward to your suggestions.

Please feel free to contact us at [email protected]

DOWNLOAD PDF FILE