Your bonus calculation of Rs. 3499 and Rs. 8400 both are correct with 8.33% and 20% respectively.
Regarding exgratia, it is upto the organization to decide as this is not a statutory obligation of the employer and there is no law as such to be followed.
If organization is paying exgratia, its well and good.
Regarding different Forms under payment of gratuity act, you better buy a Bonus Register available in the market. These bonus registers have Form A (the computation of the allocable surplus), Form B (showing the set-on and set-off of the allocable surplus) and Form C (showing the details of the amount of bonus due to each of the employees, the deductions and the amount actually disbursed).
Form D is a bonus return to be filed in the Dy. Labor Commissioner office.
regards,
Kamal
From India, Pune
Regarding exgratia, it is upto the organization to decide as this is not a statutory obligation of the employer and there is no law as such to be followed.
If organization is paying exgratia, its well and good.
Regarding different Forms under payment of gratuity act, you better buy a Bonus Register available in the market. These bonus registers have Form A (the computation of the allocable surplus), Form B (showing the set-on and set-off of the allocable surplus) and Form C (showing the details of the amount of bonus due to each of the employees, the deductions and the amount actually disbursed).
Form D is a bonus return to be filed in the Dy. Labor Commissioner office.
regards,
Kamal
From India, Pune
Yes i also agree with Mr. Guru and Mr.Phani. If it exceed Rs 10000/- that can be accounted/paid as exgratia based on the company policy Anu
From India, Madras
From India, Madras
i do agree with mr. Guru. he is absolutely Right But there are other rules also which makes company/employer liable for payiing bonus. first of all the company should be in profit and many other things under which the employer can exclude himself to pay bonus. for more details, go through BONUS ACT.
Ms. Bhagat
Mgr - HR
From India, Pune
Ms. Bhagat
Mgr - HR
From India, Pune
Yes Mr.Phani,bill for amendment was raised in 2010 and still it is not passed.Limit of salary is Rs.10000/-only as on date. Sant Tomar HR-IR Lafarge India P Ltd.
From India, Mumbai
From India, Mumbai
if organizations is running by loose from 2 years so is that organization need to pay bonus?
From India, Hyderabad
From India, Hyderabad
Dear
If the establishment/factory is running under losses during the infancy period then for this period, the employer is not liable to pay bonus to its employees but if the infancy period is over then in that case even if there are losses in any of the accounting year, the employer is required to pay a minimum bonus @ 8.33 % to is eligible employees.
R.N.KHOLA
Welcome Skylark Associates
From India, Delhi
If the establishment/factory is running under losses during the infancy period then for this period, the employer is not liable to pay bonus to its employees but if the infancy period is over then in that case even if there are losses in any of the accounting year, the employer is required to pay a minimum bonus @ 8.33 % to is eligible employees.
R.N.KHOLA
Welcome Skylark Associates
From India, Delhi
In September, 2015, Shri Bandaru Dattatreya, the Minister of State for Labour and Employment took on record the 12 demands put forth by various trade unions and provided assurance that the Central Government is positively working towards resolving at least 9 of such demands. Among others, the trade unions had insisted that for the purposes of payment of bonus, the wage eligibility limit and calculation ceiling be revised to meet current economic trends. The trade unions proposed that the wage eligibility limit be increased from INR 10,000 to INR 21,000 and the calculation ceiling from INR 3,500 to INR 7,000 or the minimum wage notified by the appropriate Government for that category of employment, whichever is higher.
In accordance with the terms of the Principal Act, every employee who draws a salary of INR 10,000 or below per month and who has worked for not less than 30 days in an accounting year, is eligible for bonus (calculated as per the methodology provided under the Principal Act) with the floor of 8.33% of the salary payable to him/her and a cap on the maximum bonus statutorily payable (20% of the salary).
However, where an employee's salary was over INR 3,500 per month, for the purposes of calculating bonus, the salary was to be assumed to be INR 3,500 per month. With a view to maximise bonus earnings, the Amendment Act has increased the wage ceiling for calculation to INR 7,000 and has also factored in possibilities where the minimum wage payable to such employees may be over INR 7,000, thereby giving employees the flexibility to draw a higher amount as bonus.
I hope this info will clear the doubts.
Regards,
Malay, Manager HR
From India, Chennai
In accordance with the terms of the Principal Act, every employee who draws a salary of INR 10,000 or below per month and who has worked for not less than 30 days in an accounting year, is eligible for bonus (calculated as per the methodology provided under the Principal Act) with the floor of 8.33% of the salary payable to him/her and a cap on the maximum bonus statutorily payable (20% of the salary).
However, where an employee's salary was over INR 3,500 per month, for the purposes of calculating bonus, the salary was to be assumed to be INR 3,500 per month. With a view to maximise bonus earnings, the Amendment Act has increased the wage ceiling for calculation to INR 7,000 and has also factored in possibilities where the minimum wage payable to such employees may be over INR 7,000, thereby giving employees the flexibility to draw a higher amount as bonus.
I hope this info will clear the doubts.
Regards,
Malay, Manager HR
From India, Chennai
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