Dear Experts,
I joined the NGO on 15th Aug '12, and my last day of work was 19th Nov '13. I received the termination letter on 18th Oct '13, and the NGO is not ready to release the bonus due to non-confirmation of the job.
What do the terms and conditions of the bonus act say regarding the above issue? How many months' salary can I expect from the NGO on my last day?
Please help me with this.
Regards,
Ramesh Tank
From India, Pune
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I joined the NGO on 15th Aug '12, and my last day of work was 19th Nov '13. I received the termination letter on 18th Oct '13, and the NGO is not ready to release the bonus due to non-confirmation of the job.
What do the terms and conditions of the bonus act say regarding the above issue? How many months' salary can I expect from the NGO on my last day?
Please help me with this.
Regards,
Ramesh Tank
From India, Pune
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Mr. Ramesh,
Your information suggests that your job was not confirmed. Please confirm a few points. First, do you have an appointment letter and are you receiving pay on rolls? Are your PF or ESI deductions being done? Moreover, do you have an attendance record in the company? The Bonus Act states that even if you work for 30 working days in a year, you are eligible for a bonus for those working days only. So please check.
Regards,
Srihari
From India, Hyderabad
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43Your information suggests that your job was not confirmed. Please confirm a few points. First, do you have an appointment letter and are you receiving pay on rolls? Are your PF or ESI deductions being done? Moreover, do you have an attendance record in the company? The Bonus Act states that even if you work for 30 working days in a year, you are eligible for a bonus for those working days only. So please check.
Regards,
Srihari
From India, Hyderabad
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Hello Ramesh Tank,
Have you got the dates right? You say your last working date is 19th Nov 13 - we are on 10 Nov 2013 today. And you also say you got the termination letter on 18 Oct 2013 - which would mean that you are not working there now. A bit conflicting. Can you give better clarity of your actual situation?
Regards,
TS
From India, Hyderabad
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Have you got the dates right? You say your last working date is 19th Nov 13 - we are on 10 Nov 2013 today. And you also say you got the termination letter on 18 Oct 2013 - which would mean that you are not working there now. A bit conflicting. Can you give better clarity of your actual situation?
Regards,
TS
From India, Hyderabad
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Dear Ramesh Tonk,
As per the provisions of the Payment of Bonus Act 1965, Section 8 prescribes the eligibility for bonus: Every employee shall be entitled to paid bonus by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty days in that year.
The Act nowhere states that an employee should have been in confirmed service. You are definitely entitled to be paid a bonus by the employer.
From India, Delhi
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As per the provisions of the Payment of Bonus Act 1965, Section 8 prescribes the eligibility for bonus: Every employee shall be entitled to paid bonus by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty days in that year.
The Act nowhere states that an employee should have been in confirmed service. You are definitely entitled to be paid a bonus by the employer.
From India, Delhi
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Appointment letter with me. No pay roll register record maintain by NGO. But salary credited in to Bank account. NO PF, ESI. Service period yet not confirmed by NGO. Thanking you, Ramesh Tank
From India, Pune
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From India, Pune
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One month advance they issue this termination letter ( issue date 18th Oct. 13 & Last date 19th Nov 13). One week to pass this NGO as per their letter. Thanking you, Ramesh Tank
From India, Pune
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From India, Pune
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Dear Sir,
Our MD recruited a lady and issued the termination letter to me with one month's advance notice without a Bonus. Meanwhile, our office boy received a bonus; the details of the calculation are as follows:
- September '12 to March '13: considered as the probation period
- April '13 to October '13: total of 7 months; an average salary was taken, and 50% of the average salary was paid as a bonus.
For example, if the 7-month salary was Rs. 40,000, it would be divided by 7 to get an average monthly salary of Rs. 5714. Then, 50% of this average salary, i.e., Rs. 2857, was paid as a bonus.
Which clause does the NGO consider in this issue?
Kind Regards, [Your Name]
From India, Pune
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Our MD recruited a lady and issued the termination letter to me with one month's advance notice without a Bonus. Meanwhile, our office boy received a bonus; the details of the calculation are as follows:
- September '12 to March '13: considered as the probation period
- April '13 to October '13: total of 7 months; an average salary was taken, and 50% of the average salary was paid as a bonus.
For example, if the 7-month salary was Rs. 40,000, it would be divided by 7 to get an average monthly salary of Rs. 5714. Then, 50% of this average salary, i.e., Rs. 2857, was paid as a bonus.
Which clause does the NGO consider in this issue?
Kind Regards, [Your Name]
From India, Pune
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Dear Sir,
The calculation given by you is not as per POB Act. Now, whatever the MD has given to the office boy may be an ex-gratia. Ex-gratia cannot be demanded by any employee; it is given as a gesture to the employee. Since your case is termination, the MD thought of not giving the ex-gratia to you.
Only the thing here is that he released the amount in the name of "BONUS" instead of Ex gratia. Normally, ex-gratia is released in Feb/Mar, i.e., before the financial year-end, not during Diwali, sir. May I correct?
I just want to know if, in this case, I am eligible to receive ex-gratia without job confirmation and one year of service. Should I raise this issue with management through the Labor officer?
Thank you,
Ramesh Tank
From India, Pune
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The calculation given by you is not as per POB Act. Now, whatever the MD has given to the office boy may be an ex-gratia. Ex-gratia cannot be demanded by any employee; it is given as a gesture to the employee. Since your case is termination, the MD thought of not giving the ex-gratia to you.
Only the thing here is that he released the amount in the name of "BONUS" instead of Ex gratia. Normally, ex-gratia is released in Feb/Mar, i.e., before the financial year-end, not during Diwali, sir. May I correct?
I just want to know if, in this case, I am eligible to receive ex-gratia without job confirmation and one year of service. Should I raise this issue with management through the Labor officer?
Thank you,
Ramesh Tank
From India, Pune
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