hi,
i m working with a construction company n they are disbursing bonus for 2011-2012 this month.Its calculated for calender year jan 2011- Dec 2011. i joined the company on 7th sept 2011 n this company isnt giving me bonus by saying i hvnt completed 6month of the calender year....is it genuine? please guide me
From India, Bhubaneswar
1i m working with a construction company n they are disbursing bonus for 2011-2012 this month.Its calculated for calender year jan 2011- Dec 2011. i joined the company on 7th sept 2011 n this company isnt giving me bonus by saying i hvnt completed 6month of the calender year....is it genuine? please guide me
From India, Bhubaneswar
Hi,
As per Bonus Act, Bonus is paid for previous financial year, and payable to the person who has completed 30 days in previous financial. their is no provision of calender year.
Regards,
Bipin Supekar
From India, Nasik
As per Bonus Act, Bonus is paid for previous financial year, and payable to the person who has completed 30 days in previous financial. their is no provision of calender year.
Regards,
Bipin Supekar
From India, Nasik
Hey Friends,
its to intimate you all that I went and discussed the above matter with HR Manager as per your guidance & they are giving a bonus amount of Rs.1167/- to me. My basic salary is Rs.8335/- & as i have mentioned above I joined the organization on 7th September 2011. Now can anybody guide me how it has been calculated. I asked the HRM but unfortunately he avoided. waiting for your reply friends. thanks
From India, Bhubaneswar
its to intimate you all that I went and discussed the above matter with HR Manager as per your guidance & they are giving a bonus amount of Rs.1167/- to me. My basic salary is Rs.8335/- & as i have mentioned above I joined the organization on 7th September 2011. Now can anybody guide me how it has been calculated. I asked the HRM but unfortunately he avoided. waiting for your reply friends. thanks
From India, Bhubaneswar
Dear Member The amount you have mentioned is not coming under the standard calculation practices. Would like to know the % of bonus declared. Regards Preetam Deshpande
From India, Mumbai
From India, Mumbai
Dear Friend,
As per your query confusion in getting bonus, I have suggest to you one thing you r joined in company on september 7, 2011. Bonus is calculated on account year i.e. April 1, 2011 to March 31, 2012. not on calender year. & I am sure if your basic salary is not exceeding 10,000/- you are eligible to pay bonus as per bonus Act. for your kind information bonus is calculating on whatever salary/wages earned in accounting year. e.g. if your basic is 8000 x 7 months (Sept.11 to March 2012) = Rs. 56000/- x 8.33% = Rs. 4665/- you will get bonus definitely. Company can give bonus more as per company policy, but as per bonus act above calculation is correct & you are eligible to bonus.
Regards,
Anant Bhosle
From India, Mumbai
As per your query confusion in getting bonus, I have suggest to you one thing you r joined in company on september 7, 2011. Bonus is calculated on account year i.e. April 1, 2011 to March 31, 2012. not on calender year. & I am sure if your basic salary is not exceeding 10,000/- you are eligible to pay bonus as per bonus Act. for your kind information bonus is calculating on whatever salary/wages earned in accounting year. e.g. if your basic is 8000 x 7 months (Sept.11 to March 2012) = Rs. 56000/- x 8.33% = Rs. 4665/- you will get bonus definitely. Company can give bonus more as per company policy, but as per bonus act above calculation is correct & you are eligible to bonus.
Regards,
Anant Bhosle
From India, Mumbai
your topic has been sufficiently answered by my friends above, if you still have a doubt there's a similar discussion from earlier times which can be found here
the discussion also has a copy of payment of bonus act to give you a clear picture about almost everything you need to know about the payment of bonus act :)
From India, Pune
the discussion also has a copy of payment of bonus act to give you a clear picture about almost everything you need to know about the payment of bonus act :)
From India, Pune
Hi,
PAYMENT OF BONUS ACT, 1965
The Payment of Bonus Act, 1965 was enacted to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or productivity and for the matters connected therewith. The Act applies to:- (i) every factory as defined under the Factories Act, 1948; and (ii) every other establishment in which twenty or more persons are employed on any day during an accounting year. However, the Government may, after giving two months' notification in the Official Gazette, make the Act applicable to any factory or establishment employing less than twenty but not less than ten persons.
The Act is enforced through the Central Industrial Relations Machinery. CIRM is an attached office of the Ministry Of Labour and is also known as the Chief Labour Commissioner (Central) [CLC(C). It is headed by the Chief Labour Commissioner (Central).
The key provisions of the Act are:-
1) According to the Act, the term 'employee' means "any person employed on a salary or wage not exceeding three thousand and five hundred rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied".
2) An employee is entitled to be paid by his employer a bonus in an accounting year subjected to the condition that he/she has worked for not less than 30 working days of that year.
3) An employer shall pay minimum bonus at the rate of 8.33% of the salary or wages earned by an employee in an year or one hundred rupees,whichever is higher. Here it is not required that the employer has any allocable surplus in the accounting year. However, where an employee has not completed fifteen years of age at the beginning of the accounting year, the minimum bonus payable is 8.33% or sixty rupees, whichever is higher.
4) In any accounting year, if the allocable surplus exceeds the amount of minimum bonus payable to the employees, the employer shall in lieu of such minimum bonus, be bound to pay bonus (maximum bonus) equivalent to the amount which shall not exceed 20% of the salary or wages earned by employees.
5) In computing the allocable surplus, the amount set on or the amount set off shall be taken into account. In other words:- (i) If, in any accounting year, the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment, then the excess surplus is carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year for the purpose of payment of bonus; or (ii) If there is no or less allocable surplus in respect of that year, then such a shortfall is carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year.
6) Where in any accounting year, any amount has been carried forward and set on or set off, then in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account.
7) All amounts payable to an employee by way of bonus under this Act shall be paid in cash by his employer within a month from the date on which the award become enforceable or the settlement comes into operation, in respect of any dispute regarding payment of bonus. But, in any other case, it shall be paid within a period of eight months from the close of the accounting year.
However, the Government may order, upon receiving application made to it by the employer and for sufficient reasons, to extend the said period of eight months to such further period or periods as it thinks fit, such that that the total period so extended shall not, in any case, exceed two years.
8) An employee shall be disqualified from receiving bonus if he/ she is dismissed from service for:- (i) fraud; or (ii) riotous or violent behaviour while on the premises of the establishment; or (iii) theft, misappropriation or sabotage of any property of the establishment.
Regards
Anita
From India, Mumbai
PAYMENT OF BONUS ACT, 1965
The Payment of Bonus Act, 1965 was enacted to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or productivity and for the matters connected therewith. The Act applies to:- (i) every factory as defined under the Factories Act, 1948; and (ii) every other establishment in which twenty or more persons are employed on any day during an accounting year. However, the Government may, after giving two months' notification in the Official Gazette, make the Act applicable to any factory or establishment employing less than twenty but not less than ten persons.
The Act is enforced through the Central Industrial Relations Machinery. CIRM is an attached office of the Ministry Of Labour and is also known as the Chief Labour Commissioner (Central) [CLC(C). It is headed by the Chief Labour Commissioner (Central).
The key provisions of the Act are:-
1) According to the Act, the term 'employee' means "any person employed on a salary or wage not exceeding three thousand and five hundred rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied".
2) An employee is entitled to be paid by his employer a bonus in an accounting year subjected to the condition that he/she has worked for not less than 30 working days of that year.
3) An employer shall pay minimum bonus at the rate of 8.33% of the salary or wages earned by an employee in an year or one hundred rupees,whichever is higher. Here it is not required that the employer has any allocable surplus in the accounting year. However, where an employee has not completed fifteen years of age at the beginning of the accounting year, the minimum bonus payable is 8.33% or sixty rupees, whichever is higher.
4) In any accounting year, if the allocable surplus exceeds the amount of minimum bonus payable to the employees, the employer shall in lieu of such minimum bonus, be bound to pay bonus (maximum bonus) equivalent to the amount which shall not exceed 20% of the salary or wages earned by employees.
5) In computing the allocable surplus, the amount set on or the amount set off shall be taken into account. In other words:- (i) If, in any accounting year, the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment, then the excess surplus is carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year for the purpose of payment of bonus; or (ii) If there is no or less allocable surplus in respect of that year, then such a shortfall is carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year.
6) Where in any accounting year, any amount has been carried forward and set on or set off, then in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account.
7) All amounts payable to an employee by way of bonus under this Act shall be paid in cash by his employer within a month from the date on which the award become enforceable or the settlement comes into operation, in respect of any dispute regarding payment of bonus. But, in any other case, it shall be paid within a period of eight months from the close of the accounting year.
However, the Government may order, upon receiving application made to it by the employer and for sufficient reasons, to extend the said period of eight months to such further period or periods as it thinks fit, such that that the total period so extended shall not, in any case, exceed two years.
8) An employee shall be disqualified from receiving bonus if he/ she is dismissed from service for:- (i) fraud; or (ii) riotous or violent behaviour while on the premises of the establishment; or (iii) theft, misappropriation or sabotage of any property of the establishment.
Regards
Anita
From India, Mumbai
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