Dear Friends,
Hi for every one, since this is my first article in the Forum.
I do not agree with Mr. Umakanthan53: what I understood from the revised Bonus act is :-
1. If the MW is less than 7000/- PM, consider as Rs.7000 for bonus calculation and Rs.7000 is to be paid as min. bonus
2. If MW is upto 21,000/- PM, calculate bonus @ 8.33% on MW
3. If anyone draws MW greater than or equal to Rs.21,000/- pm, then he/she is not entitled for bonus.
HOWEVER, the whole matter is pending with Hon. High Courts of different states to decide as to from which date the above revised bonus is applicable. On june 13, 2016, the Hon. Bombay High Court granted stay throughout India against WPL No.1548-16.
Kindly update if the above stay is vacated and a specific direction is given on the issue.
Mr.Umakanthan53, if u do not agree with me, please correct me.
Regards to every participants on the subject
From India, Thane
20Hi for every one, since this is my first article in the Forum.
I do not agree with Mr. Umakanthan53: what I understood from the revised Bonus act is :-
1. If the MW is less than 7000/- PM, consider as Rs.7000 for bonus calculation and Rs.7000 is to be paid as min. bonus
2. If MW is upto 21,000/- PM, calculate bonus @ 8.33% on MW
3. If anyone draws MW greater than or equal to Rs.21,000/- pm, then he/she is not entitled for bonus.
HOWEVER, the whole matter is pending with Hon. High Courts of different states to decide as to from which date the above revised bonus is applicable. On june 13, 2016, the Hon. Bombay High Court granted stay throughout India against WPL No.1548-16.
Kindly update if the above stay is vacated and a specific direction is given on the issue.
Mr.Umakanthan53, if u do not agree with me, please correct me.
Regards to every participants on the subject
From India, Thane
Dear Mr PL Kanthan ji,
I have also confirm and understood as u narrated on given points (mentioned in ur submission)
1) This is OK and meaningful / justified under the provisions of New Revision as construed.
(Rs.7000 is to be paid as min. bonus).
2) Threshold limit Rs 21000 Salary is defined but percentage of paying bonus is not defined as u suggested. It is the management discretion to declare and calculation will be on earning of particular month. It is not binding on MW or 7000/-. One can try to escape from liability only calculation on MW / 7000
3) If any person gross earning are equivalent to 21000 , entitled for Bonus. If exceeding above 21 K Not entitled. May not claim from employer legally.
4) Stayed only granted for effective date for FY 2014-15, We have to pay it for FY 2015-16.
From India
I have also confirm and understood as u narrated on given points (mentioned in ur submission)
1) This is OK and meaningful / justified under the provisions of New Revision as construed.
(Rs.7000 is to be paid as min. bonus).
2) Threshold limit Rs 21000 Salary is defined but percentage of paying bonus is not defined as u suggested. It is the management discretion to declare and calculation will be on earning of particular month. It is not binding on MW or 7000/-. One can try to escape from liability only calculation on MW / 7000
3) If any person gross earning are equivalent to 21000 , entitled for Bonus. If exceeding above 21 K Not entitled. May not claim from employer legally.
4) Stayed only granted for effective date for FY 2014-15, We have to pay it for FY 2015-16.
From India
Dear Mr. Rajesh Kumar Dubey,
If you look at 3.(i) of Gazette Notification Payment of Bonus - Amendment - Act, 2015 No. 6 of 2016) dated 1.1.2016 by Ministry of aw & Justice, it reads as -
Quote
In section 12 of the principal Act, -
"for the words 'three thousand and five hundred rupees' at both the places where they occur, the words 'Seven thousand rupees OR the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher' shall respectively be substituted.
Unquote
When we talk about minimum wages, it includes Basic+DA+regular cash allowances (in any form) . So, if anybody's earning in above form is less than rs.7000 pm, then it is to be construed as rs.7000 per month for the purpose of calculating bonus.
Now for the period - Court stay is for the section 1, sub-clause(2) of the Act. The Hon.High Court also ruled that "In the meantime, retrospective application of the said act is stayed, and no coercive steps shall be taken agains the .... for recovery of the amounts due prior to "31st March 2016".
This virtually puts a stay till 31.3.2016.
Waiting for the Hon.Courts to pass a ruling.
From India, Thane
If you look at 3.(i) of Gazette Notification Payment of Bonus - Amendment - Act, 2015 No. 6 of 2016) dated 1.1.2016 by Ministry of aw & Justice, it reads as -
Quote
In section 12 of the principal Act, -
"for the words 'three thousand and five hundred rupees' at both the places where they occur, the words 'Seven thousand rupees OR the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher' shall respectively be substituted.
Unquote
When we talk about minimum wages, it includes Basic+DA+regular cash allowances (in any form) . So, if anybody's earning in above form is less than rs.7000 pm, then it is to be construed as rs.7000 per month for the purpose of calculating bonus.
Now for the period - Court stay is for the section 1, sub-clause(2) of the Act. The Hon.High Court also ruled that "In the meantime, retrospective application of the said act is stayed, and no coercive steps shall be taken agains the .... for recovery of the amounts due prior to "31st March 2016".
This virtually puts a stay till 31.3.2016.
Waiting for the Hon.Courts to pass a ruling.
From India, Thane
I am not able to find any difference between the analysis of the effects of the latest amendment in my previous post and the views expressed by Mr.PL.Kanthan in his posts other than the sentence patterns. I shall be much obliged if he is kind enough to specifically point out on which part of my response he is in disagreement.
From India, Salem
From India, Salem
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Bonus Calculation.xls
BONUS CALCULATION RULE (1).pdf