Theme: Employment

Who is a Pharmacist?

A pharmacist is a person who is trained to prepare, monitor and sell medicines. Under the law, a registered pharmacist(( Section 2(i), Pharmacy Act, 1948)) is a person whose name is entered in the register of the State where they are residing or carrying on the profession or business of pharmacy.

A register will include the full name and residential address of the registered person, the date of their first admission to the register, their qualifications for registration, professional address,  the name of their employer etc.(( Section 29,  Pharmacy Act, 1948))

Qualifications needed to be a pharmacist

Qualifications of a pharmacist differ from state to state. The State Pharmacy Council of each state lays down certain qualifications for a person to be registered as a pharmacist. The Pharmacy Council of India approves such qualifications.

Education/Degrees

An individual of at least 18 years can be eligible for registration as a pharmacist for the first time. After paying the required fee, their name will be added to the register of the State where they reside or carry on their pharmacy business/profession,(( Section 31, Pharmacy Act, 1948)) if they have:

  • A degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist diploma of an Indian University or a State Government, or a prescribed qualification granted by an authority outside India;(( Section 31(a), Pharmacy Act, 1948)) or
  • A degree of an Indian University other than a degree in pharmacy or pharmaceutical chemistry. In addition, the person should have been engaged for at least 3 years in compounding drugs in a hospital, dispensary, or another place where drugs are regularly dispensed based on prescriptions of medical practitioners;(( Section 31(b), Pharmacy Act, 1948)) or
  • Passed an examination recognised by the State Government for compounders or dispensers;(( Section 31(c), Pharmacy Act, 1948)) or
  • Been engaged for at least 5 years in compounding drugs in a hospital, dispensary, or another place in which drugs are regularly dispensed based on prescriptions of medical practitioners. This period is calculated starting from the date for application of registration as notified by the State government.(( Section 31(d), Pharmacy Act, 1948))

Other qualifications

In addition to the above qualifications, a person will be eligible for subsequent registration as a pharmacist:

  • If they are a registered pharmacist in another state.(( Section 32(1)(b), Pharmacy Act, 1948))
  • The Pharmacy Council of India can approve  qualifications granted by any authority outside India, with regard to making Indian citizens eligible for registration as  Pharmacists. The Council approves an application only after the qualification guarantees a minimum level of skill and knowledge. However, non-citizens can also qualify for registration if they come from countries where persons of Indian origin (who have the required qualifications) can practice pharmacy.(( Section 14, Pharmacy Act, 1948)) Here, to have their name entered in the register, the person should have passed a matriculation examination or any other equivalent examination.(( Section 32(1)(c);Section 14, Pharmacy Act, 1948))

Importance of a Written Contract

You will get a written employment contract only after you accept the job offer. The written contract will include all the details of the offer letter and more details provided by the employer. With a written contract you can exert the rights given to you under the contract. Further, you are bound by the duties given in the contract. The contract will establish:

  • Your salary/remuneration.
  • Your role and job description.
  • The duration of time working with your employer.
  • The employer’s responsibilities such as following the notice period while firing an employee, payment of salary etc.
  • The employee’s responsibilities such as standard of performance of the job offered to them, following the work timings of the organization etc.
  • Remedial processes if things happen to go wrong, for example, methods of resolving disputes etc.
  • A list of all the things you are restricted from doing so that there is no conflict with your new employer. For example, non-disclosure, non-solicitation clauses.

Other purposes for which you can use the employment contract are:

  • applying to banks for loans, or when filing your tax return, you can also produce the contract as proof of employment.
  • renting a house or applying for any visa/passport application.

You should make sure that your contract covers all the important terms as it will be hard to add or change any term in your contract after you sign it.

What can employers deduct from employees’ wages?

Employers can make only authorised deductions from employees’ wages.

Payment that is due from an employee to the employer or their agent is a deduction. However, if an employee has a loss of wages for good reasons, such as the employer withholding a promotion or increment, demoting or suspending an employee, etc. that is not a deduction(( Section 18(1), Code on Wages, 2019.)).

Some of the major permitted deductions are related to(( Section 18(2), Code on Wages, 2019.)):

  • Fines imposed on the employee: An employer can fine an employee (not below fifteen years) up to three percent in any wage period for doing or failing to do certain acts. Before imposing the fine, the employer must first give the employee a chance to explain themselves.  The employer must recover the fine within ninety days of the employee’s violation. The employer must keep a record of the fines in a register and use them for the benefit of the employees(( Section 19, Code on Wages, 2019.)).
  • Absence from duty: An employer can deduct wages if the employee is absent from their designated workplace (this does not include leaves).  This includes an employee being present but refusing to work due to a stay-in strike or any unacceptable reason(( Section 20, Code on Wages, 2019.)).
  • Damage or loss of goods: An employer can deduct wages if an employee damages or loses goods entrusted to them, or loses money accountable to them. The damage or loss should be directly due to their neglect or default. The deduction should not be more than the amount of damage or loss, and the employer must first give the employee a chance to explain themselves. The employer must keep a record of such deductions(( Section 21, Code on Wages, 2019.)).
  • Facilities and services given by the employer: The employer can deduct wages if they have given employees house-accommodation, or services other than what is required for employment. The deduction should not exceed the value of the facilities and services. The employer cannot make this deduction unless the employee has accepted the facility or service as a term of employment(( Section 22, Code on Wages, 2019.)).
  • Recovery of advances: The employer can deduct wages to recover any advances (including travelling allowance) given to the employee along with the associated interest, or for adjusting an overpayment of wages. If the employer gave the advance before the employee started employment, they can recover the money from the first payment of wages, but cannot recover advances given for travelling expenses(( Section 23, Code on Wages, 2019.)).
  • Recovery of loans: The employer can deduct wages from employees for recovering loans made from labour funds or loans given for building houses, etc. along with the associated interest(( Section 24, Code on Wages, 2019.)).
  • Other deductions: Employers can deduct wages for subscribing to social security funds like provident or pension funds, for paying an employee’s membership fees to Trade Unions, deductions for income-tax purposes, etc

The total amount of deductions cannot be more than fifty percent of the wages, and the employee can recover any excess deduction.(( Section 18(4), Code on Wages, 2019.))

Duties of Registered Pharmacists towards Patients

While helping clients, pharmacists have certain duties:

  • A pharmacist is not bound to attend every person who asks for their service. However, a pharmacist should always be ready to respond to the sick and injured.(( Regulation 8.1(a), Pharmacy Practice Regulations, 201))
  • Pharmacists should always maintain the confidentiality of their patients. For instance, a pharmacist should not reveal any issues or defects of patients observed during medical attendance. However, if the laws of the State require a pharmacist to give such information, they can do so. Pharmacists can also give such information if they think it will protect a healthy third party from a communicable disease like malaria, COVID-19 etc.(( Regulation 8.1(a), Pharmacy Practice Regulations, 2015))
  • While giving a prognosis, a pharmacist should not exaggerate or minimize the seriousness of the patient’s condition. In addition, pharmacists should ensure that the patient, patient’s family and close friends have knowledge of the patient’s condition so as to serve the best interests of the patient and patient’s family.1
  • Pharmacists should respond to any request for their assistance in an emergency. They should not deliberately commit an act of negligence that may deprive the patient from necessary medical care.(( Regulation 8.4, Pharmacy Practice Regulations, 2015))

Patient Counseling by Pharmacists

Upon receiving a prescription drug order, and after reviewing the patient’s record, a registered pharmacist should personally initiate discussion of matters that will optimize the drug therapy or care of the patient. The pharmacist can conduct the discussion in person, or by telephone etc.

The discussion should include appropriate elements of patient counseling.(( Regulation 9.3(a), Pharmacy Practice Regulations, 2015)) Such elements may include the following :

  • Name and description of the drugs(( Regulation 9.3(a)(i), Pharmacy Practice Regulations, 2015))
  • The dosage form, dose, route of administration, and duration of drug therapy(( Regulation 9.3(a)(ii), Pharmacy Practice Regulations, 2015))
  • Special directions and precautions for the drug(( Regulation 9.3(a)(iv), Pharmacy Practice Regulations, 2015))
  • Common side effects, adverse effects etc. that may be encountered, including their avoidance, and the action required if they occur(( Regulation 9.3(a)(v), Pharmacy Practice Regulations, 2015))
  • Techniques for self monitoring drug therapy(( Regulation 9.3(a)(vi), Pharmacy Practice Regulations, 2015))
  • Proper storage of the drugs(( Regulation 9.3(a)(vii), Pharmacy Practice Regulations, 2015))

The patient or their agent can always refuse such counseling.

Role of pharmacies during counseling

The pharmacist has to maintain a record of drugs administered to the patient.(( Regulation 9.3(b), Pharmacy Practice Regulations, 2015))Further, pharmacies providing patient counseling have to keep in mind that:

  • Only registered pharmacists can be involved in counseling.(( Regulation 9.3(d)(i), Pharmacy Practice Regulations, 2015))
  • Facilities should be provided for confidential conversation, and patient confidentiality must be maintained.(( Regulation 9.3(d)(ii), Pharmacy Practice Regulations, 2015))
  • Proper documentation is necessary.(( Regulation 9.3(d)(iv), Pharmacy Practice Regulations, 2015))
  • Counseling should be for the patient’s benefit. In every consultation, the benefit to the patient is of foremost importance. All registered pharmacists engaged in the case should be frank with the patient and his attendants.(( Regulation 9.3(d)(vi), Pharmacy Practice Regulations, 2015))
  • During counseling, punctuality should be maintained.(( Regulation 9.3(d)(vii), Pharmacy Practice Regulations, 2015))

However, please remember that the law does not give pharmacists the power to open pharma clinics to diagnose the disease and prescribe medicines.(( Clarification on Pharmacy Practice Regulations, 2015 notified by Pharmacy Council of India in Gazette of India No.17 dated 16.1.2015))

If these duties are not fulfilled and you face issues as a pharmaceutical client/patient, then you can file a complaint against the pharmacist.

  1. Regulation 8.3, Pharmacy Practice Regulations, 2015 [↩]

Accepting your Job Offer in Writing

Acceptance Only After Negotiations

Make sure that you finish all your negotiations for any change in the offer and only then accept the job. This is because once you accept the offer, your employer will think that you are accepting all the terms in the offer without any problem.

Writing an Acceptance Letter

While accepting a job offer from your employer, either do so by email or sign an appointment letter provided by your employer. This way it will be hard for the employer to dispute your appointment in the future and withdraw from it.

Time Limit for Acceptance

In some cases, your employer may ask you to reply with the acceptance of the job offer by email before a certain date, for example, the 10th of the month or by the end of the week. It is imperative that you respond to the job offer within this time period or the offer may lapse and the employer may offer the position to someone else. You will not have any recourse against this.

If your employer does not specify any time or manner of replying to the job, then:

  • Use the mode of communication which does not cause delays.
  • Reply within a reasonable time or the job offer may not be there anymore.

If you decide to reject the job offer, please make sure that you communicate it properly to your employer either in writing or in person or over the phone.

How should employers pay wages?

Employers can pay wages in any of the following ways: (( Section 15, Code on Wages, 2019))

  • Current coin or currency notes
  • Cheque
  • Crediting wages in the employee’s bank account
  • Electronic mode

However, the concerned Government might specify industrial or other establishments where employers should pay the wages only by cheque or by crediting wages in the bank account.

Ethical Conduct by Pharmacists

Some of the ethical practices for pharmacists include:

Handling of Drugs/Medicines by Pharmacists

Pharmacists should take all possible care to dispense a prescription correctly by weighing and measuring all ingredients in correct proportions, with the help of scale and measures (visual estimations must be avoided). Further, a pharmacist should always use drugs and medicinal preparations of standard quality, and should never adulterate the preparations. A pharmacist should be very careful in dealing with drugs and medicinal preparations known to be poisonous, or used for addiction  or any other abusive purposes.(( Chapter II, Code of Pharmaceutical Ethics))

Hawking of Drugs/Medicines

Hawking of drugs and medicines is discouraged. Therefore, pharmacists cannot engage in door-to-door solicitation of the products. To prevent self-medication using drugs, pharmacists are discouraged from distributing therapeutic substances without expert supervision.(( Chapter III, Code of Pharmaceutical Ethics))

Fair Trade Practice

Cut-throat competition, aiming to capture the business of another pharmaceutical establishment is discouraged among pharmacists. Cut-throat competition includes:

  • Offering any sort of prizes, gifts or any kind of allurement to customers
  • Knowingly charging lower prices for medical commodities, compared to the reasonable prices charged by a fellow pharmacist.

In case any order or prescription intended to be served by a particular dispensary is brought by mistake to another dispensary, the latter should refuse to accept it and should direct the customer to the right place. Imitation or making a copy of labels, trademarks and other signs and symbols of other pharmaceutical establishments are also not allowed under the law. (( Chapter III, Code of Pharmaceutical Ethics))

Advertising and Displays

In connection to selling medicines to the public, a pharmacist should not use displays that are undignified, or which contain the following:3

  • Any wording design or illustration that reflects pharmacists or an individual in a bad light.
  • A disparaging or derogatory reference to other suppliers, products, remedies or treatments. Even if the comments are direct or implied, it is not allowed.
  • Misleading or exaggerated statements or claims.
  • The word “Cure” in reference to an ailment or symptoms of ill-health.
  • A guarantee of therapeutic effect
  • An attempt to increase fear through advertisements.
  • An offer to refund money paid by a customer
  • A prize, competition or similar scheme.
  • Any reference to a medical practitioner or a hospital, or the use of the terms “Doctor” or “Dr.” or “Nurse” in connection with the name of a preparation not already established.
  • A reference to sexual weakness, premature ageing or loss of virility.
  • Indecent references to complaints of sexual nature.

If a pharmacy knows, or  could reasonably know that a preparation is advertised by such means, such preparations should not be displayed in the pharmacy.

Documents for Prospective Employer

Before you are appointed, employers may ask you to submit some documents to check whether you are eligible for the job. Some of them are:

Documents from Old Employer

Relieving Letter (if applicable)

Your employer may ask you to get a signed document from your previous employer stating that you are no longer associated with them. This safeguards the employer from disputes in case a new employee has not terminated the agreement with the previous employer.

Work Reference

Your prospective employer may ask you for a work reference by either before the interview stage or after you accept the job offer. A work reference would usually be a contact you give of your ex-employer, who can verify and explain the quality of your work and your character while at work. The employer may ask for the reference in the form of a letter or they may contact the referees directly.

Payslips

Some employers ask for a copy of the payslip given by the previous employer to double check how much you were earning in your previous office to determine your salary in the new job.

Resume and Other Documents

Resume/CV

Your employer will ask for your latest resume or curriculum vitae with all the details of your work experience and education.

Educational Certification/Documents

For HR purposes and documentation of employees, some employers may ask you for proof of education such as school certificate, college graduation certificate, higher studies certificate, etc.

Identity Proof Documents

Government-Authorized Identity Proof

Most employers ask you for passport-sized photographs and a copy of the identity proof such as Aadhar, passport, driving licence, etc. for assurance of your identity and documentation purposes.

Police Clearance Certificate

Sometimes employers may ask employees to do a police verification to check for previous or existing criminal records. Some states, like Delhi, have this provision online. Otherwise, if your employer does not help you, then you may have to go to a police station yourself and request for the police clearance certificate from the police officer and submit it to your employer.

Documents for Salary Account

Bank Details

Your employer will ask either for your bank details or set up a new bank account for you, so that they can transfer your salary to that account.

When should employers pay wages?

Employers can fix the wage period for employees as daily, weekly, fortnightly or monthly (no wage period can be more than a month).

 

Employees engaged on: When the wages are paid((Section 17, Code on Wages, 2019.)):
Daily basis At the end of the shift
Weekly basis Last working day of the week
Fortnightly (14 days) basis Before the end of the second day after the end of the fortnight
Monthly basis Before the end of the seventh day of the following month

 

If an employee is removed, retrenched, or has resigned from service, or became unemployed, the employer will pay their wages within two working days.

Complaining against a Pharmacist

Any complaint with regard to professional misconduct of a pharmacist can be brought either before the State Pharmacy Council or Pharmacy Council of India for disciplinary action.(( Regulation 14(a), Pharmacy Practice Regulations, 2015)) Every State Government is required to set up a State Pharmacy Council.(( Regulation 14(b), Pharmacy Practice Regulations, 2015)) States are also free to form Joint State Councils with mutual agreement.(( Section 19, Pharmacy Act, 1948)) The list of all State Pharmacy Councils in India can be found here.

Procedure to complain

The procedure for filing a complaint against a registered Pharmacist may vary from state to state. This is because they are determined by the respective State Laws and in few states such as Kerala,(( Kerala State Pharmacy Council Rules, 2012)) Tamil Nadu,(( Tamil Nadu Pharmacy Council Rules, 1953)) and Maharashtra,(( Maharashtra State Pharmacy Council Rules, 1969)) you would require to submit your complaint in writing to the Registrar of the State Pharmacy Council and the grounds of the complaint also has to be stated.(( Rule 85, Kerala State Pharmacy Council Rules, 2012; Rule 90, Tamil Nadu Pharmacy Council Rules, 1953; Rule 63(3), Maharashtra State Pharmacy Council Rules, 1969))

Generally, the complaint should state the description and address of the complainant. This is because the complaint does not have a provision for anonymous complaints. If any information in the complaint is not within the personal knowledge of the complainant, the source of such information and the reasons why the complainant believes it to be true must be clearly stated.(( Rule 63(4), Maharashtra State Pharmacy Council Rules, 1969;Rule 86, Kerala State Pharmacy Council Rules, 2012; Rule 91, Tamil Nadu Pharmacy Council Rules, 1953))

Punishing a Pharmacist

Once a complaint is received, the appropriate Pharmacy Council will hear the practitioner. If they are found guilty, then the Council will provide a punishment.

The punishment is determined by the Council and it can even direct removal of the name of the practitioner from the corresponding register altogether or for a specified time period. This means that the pharmacist will not be able to practice for that period.(( Regulation 14(b), Pharmacy Practice Regulations, 2015))