For bonus calculation, you have to prepare a separate calculation sheet with Rs 7000 as the base salary. It can be prepared month-wise or annually. The same is explained in the previous post itself.
If an employee has left the service, and you have settled the dues until that date, his/her rejoining should be treated as a 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 entirely. You should issue a new appointment order, ask them to follow the procedures for joining. You can continue to use the same UAN or ESI number, but the date of registration would be the new date. This is because you should have exited them when they left the company 1.5 months ago. When you calculate the bonus, you should treat these 45 days as unpaid days. It is advisable to calculate the bonus until the date of leaving and for the period after rejoining separately.
It is up to you to decide whether an advance shall be given or not. But in no case should you give any advance of gratuity because they will not become eligible to receive gratuity before completing 5 years from now.
From India, Kannur
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4761If an employee has left the service, and you have settled the dues until that date, his/her rejoining should be treated as a 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 entirely. You should issue a new appointment order, ask them to follow the procedures for joining. You can continue to use the same UAN or ESI number, but the date of registration would be the new date. This is because you should have exited them when they left the company 1.5 months ago. When you calculate the bonus, you should treat these 45 days as unpaid days. It is advisable to calculate the bonus until the date of leaving and for the period after rejoining separately.
It is up to you to decide whether an advance shall be given or not. But in no case should you give any advance of gratuity because they will not become eligible to receive gratuity before completing 5 years from now.
From India, Kannur
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Amendment to Payment of Bonus Act 2015.jpg
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Bonus-amendment _206.doc