Dear Sir,
The provision in the Act states that an employee may be disqualified from receiving a bonus if they are dismissed from service for theft. Therefore, the question is, have you dismissed him for theft? If it is proven that he is guilty of theft, then he is disqualified from receiving the bonus for the relevant year.
From India, Pune
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68The provision in the Act states that an employee may be disqualified from receiving a bonus if they are dismissed from service for theft. Therefore, the question is, have you dismissed him for theft? If it is proven that he is guilty of theft, then he is disqualified from receiving the bonus for the relevant year.
From India, Pune
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The query raised by an anonymous individual does not involve interacting with the members of the opinion, nor does it reveal any reality. In the absence of this, it is difficult to understand whether this is a real incident or hypothetical.
Nowhere is it proven that the boy is guilty. Unless a domestic inquiry is conducted into the charges alleged against the delinquent, we cannot hold anybody guilty and forfeit the bonus amount. The steps for the forfeiture of the bonus amount, as specified by our learned members, are quite clear. In the absence of disciplinary proceedings, I am of the opinion that it is best to keep the bonus payment in abeyance, complete the procedures, and proceed based on the findings of the inquiry officer.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Nowhere is it proven that the boy is guilty. Unless a domestic inquiry is conducted into the charges alleged against the delinquent, we cannot hold anybody guilty and forfeit the bonus amount. The steps for the forfeiture of the bonus amount, as specified by our learned members, are quite clear. In the absence of disciplinary proceedings, I am of the opinion that it is best to keep the bonus payment in abeyance, complete the procedures, and proceed based on the findings of the inquiry officer.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Email etiquette does not permit writing the whole post in capital letters.
No doubt that one should deal with people keeping humanity in mind, but if wrong is done, punishment needs to be given proportionate to the offense.
From India, Pune
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No doubt that one should deal with people keeping humanity in mind, but if wrong is done, punishment needs to be given proportionate to the offense.
From India, Pune
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It's up to the management to decide whether to pay the bonus or not. In case you do not pay the bonus, there will be no legal issue. However, from a religious perspective, it is considered a sin. Who knows, you may face punishment in heaven for withholding someone's livelihood. It is better to pay it because you are not spending from your own pocket.
From India, Mumbai
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From India, Mumbai
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No response from the anonymous querist, itself proves that he posted a fabricated story just to waste time of the members.
From India, Delhi
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From India, Delhi
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In all, about 16 members have given their opinions in this forum against the query. It is surprising to note that the anonymous querist is still not interacting with the opinions. In the absence of this, there is no meaning to continue the topic as our friend, Mr. Dhingra, has stated that it is a waste of our time.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
Acknowledge(0)Amend(0)
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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FORM-C.BONUS PAYABLE & PAID.docx
Amendment to Payment of Bonus Act 2015.jpg
Bonus act amendment gazette copy.pdf