IF AN EMPLOYEE RETIRED ON 30 APRIL & HE GOT A SALARY OF 30 DAYS INCLUDING HIS REST’S. HE WILL BE ENTITLED TO A BONUS OF ONE MONTH OR NOT. KINDLY HELP
From India, Agra
From India, Agra
4249
In our opinion, this employee is not eligible to have bonus from the employer as in accordance with section 8 he has not worked for thirty days in this accounting year. He has not worked on rest days falling in these thirty days. Section 8 requires minimum 30 working days for eligibility. Here in this case this employee is in employment of 30 days in April but he has not worked for 30 working days to become eligible for bonus in this accounting year.
R N KHOLA
From India, Delhi
R N KHOLA
From India, Delhi
When Mr Vaibhav Tyag has made it clear that the employee had worked for 30 days in April and received salary for 30 days, I don't understand why Mr Khola, our Senior Member, has a different view about it. Days worked for this purpose shall include all eligible leave days, holidays, weekly off days and also days on which the employee was laid off. Very simple, when the employee is paid salary for 30 days, it should be construed that he has worked for 30 days.
From India, Kannur
From India, Kannur
The consideration for bonus at place with the employer's discretion, because the employee is retiring. The case can be considered because the payslip of the employee shows 30 days and paid full month salary. In actual employee worked physically less than 30 days.
If the employee would have remained daily rated, then his attendance could be between 25-26 days leaving aside the weekly off days and also get paid for days of physical present, therefore wouldn't be eligible.
The law speaks 30 physical working days in a financial year which is not possible working for a single month.
From India, Mumbai
If the employee would have remained daily rated, then his attendance could be between 25-26 days leaving aside the weekly off days and also get paid for days of physical present, therefore wouldn't be eligible.
The law speaks 30 physical working days in a financial year which is not possible working for a single month.
From India, Mumbai
As per law the employee is not eligible for bonus as he was not present for 30 working days. There is no doubt about the same.
At the same time many organizations as practice are paying bonus if any employee was present for the month but not present for 30 working days.
It all depends on the organization's culture.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
www.usdhrs.in
From India, New Delhi
At the same time many organizations as practice are paying bonus if any employee was present for the month but not present for 30 working days.
It all depends on the organization's culture.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
www.usdhrs.in
From India, New Delhi
Let us read the post once again.....
"IF A EMPLOYEE RETIRED ON 30 APRIL & HE GOT SALARY OF 30 DAY’S INCLUDING HIS REST’S. HE WILL BE ENTITLED FOR BONUS OF ONE MONTH OR NOT. KINDLY HELP"
Here there are two points. The employee retired on 30th April. The second point is that he got salary for 30 days. Obviously, it is for 30 days including his weekly off days, holidays etc. When he has received salary for 30 days, I am afraid, why doesn't he qualify for bonus? 30 days salary received means he had 30 days of work or 30 days service with the organisation. If, on the other hand, he was on loss of pay leave for a single day, then he would get salary only for 29 days and then he would not qualify for bonus. In this case he has received salary for 30 days, that means he had worked for 30 days.
Let me make it very clear that under the Labour laws, wherever qualification/ conditions for certain rights are given with reference to number of days worked, the days worked including holidays, eligible leave days and weekly off days for which the employee was paid wages should be considered.
From India, Kannur
"IF A EMPLOYEE RETIRED ON 30 APRIL & HE GOT SALARY OF 30 DAY’S INCLUDING HIS REST’S. HE WILL BE ENTITLED FOR BONUS OF ONE MONTH OR NOT. KINDLY HELP"
Here there are two points. The employee retired on 30th April. The second point is that he got salary for 30 days. Obviously, it is for 30 days including his weekly off days, holidays etc. When he has received salary for 30 days, I am afraid, why doesn't he qualify for bonus? 30 days salary received means he had 30 days of work or 30 days service with the organisation. If, on the other hand, he was on loss of pay leave for a single day, then he would get salary only for 29 days and then he would not qualify for bonus. In this case he has received salary for 30 days, that means he had worked for 30 days.
Let me make it very clear that under the Labour laws, wherever qualification/ conditions for certain rights are given with reference to number of days worked, the days worked including holidays, eligible leave days and weekly off days for which the employee was paid wages should be considered.
From India, Kannur
Number of days calculation under labor acts are of two types - normal monthly days inclusive of Sundays & holidays etc. and another type is Actual working days. In case of Annual leave with wages calculation under Sec-79 of Factories Act eligibility criteria is 240 working days not general monthly days. To qualify 240 days there are conditions - lay off, maternity leave etc. are considered as working days but leave earned is restricted to actual number of days worked. In case of Bonus Act also it is actual working days with no qualifying clause.
Again in case of continuous service under PG Act it is normal monthly working days to qualify 240 days.
Therefore, it is not universally truth that in all cases it is normal monthly working days has to be considered.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
www.usdhrs.in
From India, New Delhi
Again in case of continuous service under PG Act it is normal monthly working days to qualify 240 days.
Therefore, it is not universally truth that in all cases it is normal monthly working days has to be considered.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
www.usdhrs.in
From India, New Delhi
But under all these Acts, paid holidays, paid weekly off days, paid leave days of any type, leave on account of employment injury, lay off days and legal strike days are considered as days worked. As such if you have paid salary for 30 days, there is no doubt, he has worked for 30 days.
(Under Factories Act there are two factors for eligibility for leave, ie, one for eligibility and another for earning of leaves. For eligibility 240 days is required and this 240 days shall include all paid holidays etc but for earning of leaves only the days the employee was physically present only will be taken. )
From India, Kannur
(Under Factories Act there are two factors for eligibility for leave, ie, one for eligibility and another for earning of leaves. For eligibility 240 days is required and this 240 days shall include all paid holidays etc but for earning of leaves only the days the employee was physically present only will be taken. )
From India, Kannur
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