For bonus calculation you have to prepare a separate calculation sheet with Rs 7000 as the base salary. It can be prepared monthwise or annual. The same is explained in the previous post itself.
If an employee has left service, and you have settled the dues till that date, his/ her rejoining should be treated as fresh appointment. If the break in service of 1.5 months is not artificial but genuine supported by his/ her resignation, and request to rejoin, then you should forget about the past service of 3.5 years totally. You should give a new appointment order, ask her to follow the procedures of joining. You can continue to use the same UAN or ESI number but the date of registration would be new date. This is because you should have exited her when she left the company 1.5 months back. When you calculate bonus, you should treat this 45 days as unpaid days. It is advisable to calculate bonus till the date of leaving and for the period after rejoining separately.
It is upto you to decide whether advance shall be given or not. But in no case, you should give any advance of gratuity because she will never become eligible to get gratuity before she completes 5 years from now.
From India, Kannur
4239If an employee has left service, and you have settled the dues till that date, his/ her rejoining should be treated as fresh appointment. If the break in service of 1.5 months is not artificial but genuine supported by his/ her resignation, and request to rejoin, then you should forget about the past service of 3.5 years totally. You should give a new appointment order, ask her to follow the procedures of joining. You can continue to use the same UAN or ESI number but the date of registration would be new date. This is because you should have exited her when she left the company 1.5 months back. When you calculate bonus, you should treat this 45 days as unpaid days. It is advisable to calculate bonus till the date of leaving and for the period after rejoining separately.
It is upto you to decide whether advance shall be given or not. But in no case, you should give any advance of gratuity because she will never become eligible to get gratuity before she completes 5 years from now.
From India, Kannur
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Amendment to Payment of Bonus Act 2015.jpg
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