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Anonymous
My company provides salary in the following heads: Basic, HRA, Medical Allowance, Conveyance Allowance, and City Compensatory Allowance. Should we include basic + CCA under wages to check eligibility and the applicability of the bonus act? My consultant is considering CCA as a part of the Bonus calculation, and many employees are falling out of the 21000 bonus eligibility, and they are not eligible for the Bonus. Please do guide me on the same.
From India, Noida
Madhu.T.K
4226

For deciding which salary is considered? is it gross salary including all allowances or just basic salary? You cannot take gross salary for excluding an employee from the scope of Payment of Bonus Act and basic pay alone to calculate the amount of bonus for those who qualify to get it. Moreover, CCA is also an allowance like HRA or medical allowance. There is no rule that bonus should be calculated on basis + city compensatory allowance. If you pay it on CCA then the other allowances will also qualify for bonus.

Now, coming to calculation of bonus, it is neither gross salary nor basic or basic +CCA but it is the notified minimum wages that will form base for computation/ Accordingly, en employee who qualifies to bonus by reason that his salary is not more than Rs 21000, the amount of bonus should be decided by taking Rs 7000 or the statutory minimum wages fixed by the government whichever is higher. as such if the minimum wages notified is Rs 12000, you have to work the bonus sheet considering that the wages is Rs 12000. If there is no minimum wages notified by the government for your industry, then you can calculated the bonus as if the wages is Rs 7000 per month.

Now coming to coverage, one thing you have to consider is that wages means total emoluments which an employee earns while on duty or on leave as part of contract of employment. As such only such allowances the amount of which are not fixed in advance or the amount of which is not specified in the contract of employment shall be excluded. If you have fixed HRA, Medical allowance or CCA, then these components should be part of wages for all purposes including bonus.

From India, Kannur
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