Dear all,
My question is regarding the bonus payment.
I left the organization on 29th September 2010 & bonus was paid to other employees in the month of October 2010.
I was working in the company from May 2008 so almost 2 & ½ years.( for 2009 I got 1 month salary as ex-gratia/ bonus)
I didn’t get bonus for last year. After asking they told me that for contract employee who has resigned they don’t pay the bonus.
Is it legally correct? Am I not supposed to get my bonus.
Kindly revert. Its urgent.
Thanks & Regards,
Smita.
From India, Mumbai
My question is regarding the bonus payment.
I left the organization on 29th September 2010 & bonus was paid to other employees in the month of October 2010.
I was working in the company from May 2008 so almost 2 & ½ years.( for 2009 I got 1 month salary as ex-gratia/ bonus)
I didn’t get bonus for last year. After asking they told me that for contract employee who has resigned they don’t pay the bonus.
Is it legally correct? Am I not supposed to get my bonus.
Kindly revert. Its urgent.
Thanks & Regards,
Smita.
From India, Mumbai
There is no such treatment on employees on fixed term contract in Payment of Bonus Act. If you were an employee entitled to get bonus by means of your salary per month not exceeding Rs 10000, you are entitled to get it. However,the Payment of Bonus Act is applicable to a factory or an establishment in which not less than 20 employees are employed. Similarly, there is an infancy protection of five years or making of profit whichever is earlier so as to make an establishment liable to pay bonus. If your establishment is not coming under the Act or is still to complete five years and has not made profit since incorporation but has paid exgratia and not bonus in the last year as a benefit to employees, the company can withhold the payment to an employee who is no longer on its rolls. Therefore, make sure that the company has paid only bonus and not exgratia before a representation is made in writing to the higher authorities of the company or Labour Department, if required.
Regards,
Madhu.T.K
From India, Kannur
4249Regards,
Madhu.T.K
From India, Kannur
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