We are working in pvt co. in Agra. Refer to latest amendment in bonus act done in Jan 2016, I wanted to know few things as below.
1. What is new criteria of bonus distribution. As of now my basic salary is rs. 10500.00 so i will get bonus under this new act or not.
2. I have joined this organisation in 3rd Feb 2014 and in appointment letter i have signed with this condition that "you will not entitled for bonus" shall we get bonus under this new bonus act.Under this new provision, from what time i should get bonus from our employer i.e. from date of joining or not.
3. Under this act till what time employer should pay off our pending bonus to their employee.
From India, Delhi
21. What is new criteria of bonus distribution. As of now my basic salary is rs. 10500.00 so i will get bonus under this new act or not.
2. I have joined this organisation in 3rd Feb 2014 and in appointment letter i have signed with this condition that "you will not entitled for bonus" shall we get bonus under this new bonus act.Under this new provision, from what time i should get bonus from our employer i.e. from date of joining or not.
3. Under this act till what time employer should pay off our pending bonus to their employee.
From India, Delhi
Dear Shailendra
If Your Gross Salary are exceeding than 21000 PM , then you are not entitled for Bonus.
Since you have already signed appointment advice mentioning that not entitled for Bonus.
then why are u so worry.
Ur HR person / company must have strong point to show that you are out of ambit of Payment of Bonus act..
Yet you want , give ur details of salary slip
From India
If Your Gross Salary are exceeding than 21000 PM , then you are not entitled for Bonus.
Since you have already signed appointment advice mentioning that not entitled for Bonus.
then why are u so worry.
Ur HR person / company must have strong point to show that you are out of ambit of Payment of Bonus act..
Yet you want , give ur details of salary slip
From India
Hi, for 2014-15 retrospective stay in high court and period of 2015-16 you are the eligible for the bonus. regards Kotresha R
From India, Bangalore
From India, Bangalore
The new bonus act provides for all employees with wages of up to ₹21,000 will be eligible for bonus.
So you are eligible to bonus. A right under an act can not be contracted out. So the fact you signed a letter stating you are not eligible for bonus is immaterial. You are eligible
The money is payable within 8 months from the end of the financial year.
However the bonus will based on the ceiling of ₹7000 or minimum wages applicable, whichever higher.
From India, Mumbai
So you are eligible to bonus. A right under an act can not be contracted out. So the fact you signed a letter stating you are not eligible for bonus is immaterial. You are eligible
The money is payable within 8 months from the end of the financial year.
However the bonus will based on the ceiling of ₹7000 or minimum wages applicable, whichever higher.
From India, Mumbai
Dear Shailendra,
You are definitely entitle for Bonus. Merely signing any agreement of putting any clause in Appointment Letter can't overcome the law.
There are certain laws which must be accomplished by the company under adequate Law.
Payment of Bonus Act is a compulsory Statutory Obligation. The Co. is bound to pay Bonus if they have 10 or more employees. The Wage Ceiling for Bonus is Rs. 21000/pm.
Bonus should be paid @ 8.33%, Minimum Wages or Rs. 7000/- (whichever is higher).
Mentioning such clauses in Appointment Letter falls is not only unethical but falls under Abolition of Law.
You discuss the matter with your HR. You will definitely get the Bonus.
From India, Delhi
You are definitely entitle for Bonus. Merely signing any agreement of putting any clause in Appointment Letter can't overcome the law.
There are certain laws which must be accomplished by the company under adequate Law.
Payment of Bonus Act is a compulsory Statutory Obligation. The Co. is bound to pay Bonus if they have 10 or more employees. The Wage Ceiling for Bonus is Rs. 21000/pm.
Bonus should be paid @ 8.33%, Minimum Wages or Rs. 7000/- (whichever is higher).
Mentioning such clauses in Appointment Letter falls is not only unethical but falls under Abolition of Law.
You discuss the matter with your HR. You will definitely get the Bonus.
From India, Delhi
Dear Shri Shailendraji; 24.5.16
When an Act/Law of the Country prescribes certain Rules, it is for every Co. /HRD to comply & implement it sincerely. Putting any condition contrary to the Act is wrong. The HRD must convince the Management about statutory compliance. Why disrespecting Laws of the Land. It is a Welfare Act & unethical to deny small money/benefit to the employees. The aggrieved can contest & get the benefit.
From India, Mumbai
When an Act/Law of the Country prescribes certain Rules, it is for every Co. /HRD to comply & implement it sincerely. Putting any condition contrary to the Act is wrong. The HRD must convince the Management about statutory compliance. Why disrespecting Laws of the Land. It is a Welfare Act & unethical to deny small money/benefit to the employees. The aggrieved can contest & get the benefit.
From India, Mumbai
DEAR SIR,
THANKS FOR YOUR EMAIL.
REFER TO YOUR ABOVE MAIL, IF WE RESIGN TODAY, THEN I SHOULD CLAIM FOR TWO YEARS BONUS (JOINING DATE: 3RD FEB 2014) OR ONE YEAR BONUS.
ALSO CAN YOU PROVIDE US GOVERNMENT ORDER COPY FOR ISSUE OF THIS NEW BONUS AMENDMENT.
AWAITING YOUR REPLY.
THANKS & REGARDS
SHAILENDRA
From India, Delhi
THANKS FOR YOUR EMAIL.
REFER TO YOUR ABOVE MAIL, IF WE RESIGN TODAY, THEN I SHOULD CLAIM FOR TWO YEARS BONUS (JOINING DATE: 3RD FEB 2014) OR ONE YEAR BONUS.
ALSO CAN YOU PROVIDE US GOVERNMENT ORDER COPY FOR ISSUE OF THIS NEW BONUS AMENDMENT.
AWAITING YOUR REPLY.
THANKS & REGARDS
SHAILENDRA
From India, Delhi
You are eligible to receive bonua. Your contract of service particularly the condition relating to your eligibility to receive bonus is contrary to Section 34 of the Payment of Bonus Act, 1965 which will prevail over your contract of service. Thanks
Samir Kr. Bhattacharya
HR & IR Consultant
From India, Calcutta
Samir Kr. Bhattacharya
HR & IR Consultant
From India, Calcutta
Dear Sir, thanks for all of your reply. Aa i have mentioned earlier my joining date is 3rd Feb 2014, so am i entitled to get bonus for year 2014 also, please udpate. thanks Shailendra
From India, Delhi
From India, Delhi
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