Can an employer deny the payment of bonus because of the reason that an employee is not on role as on Sep'30th? (Left on Mar'30th)
How to calculate the Bonus accounting period? - Financial year? or Oct to Sep?
From India, Pondicherry
How to calculate the Bonus accounting period? - Financial year? or Oct to Sep?
From India, Pondicherry
No one can deny the bonus subject to condition defined in The payment of Bonus Act. Also the calculation is based on financial year which is start from 1 April & edned on 31 march.
In above mentioned case bonus is applicable subject to his appointment conditions & tebure he spent in that financial year.
From India, Pune
3In above mentioned case bonus is applicable subject to his appointment conditions & tebure he spent in that financial year.
From India, Pune
Is there any points regarding "Present Role of employee as on date xx xx xx " in the Payment of Bonus Act - Beyond financial year?!!!
For my knowledge he should be on role for min 30 days in the financial year!!!
In the above case why Sep'30th is taken into account instead of Mar'31 st?
Please clarify...
From India, Pondicherry
For my knowledge he should be on role for min 30 days in the financial year!!!
In the above case why Sep'30th is taken into account instead of Mar'31 st?
Please clarify...
From India, Pondicherry
Bonus is admissible to an employee who worked for a minimum of thirty days at any time during the accounting year which is normally April to March . The Accounting year may vary in case of a comapny or corporation depending up on when the accounts are closed or P& L is presented in the AGM.Find out what is the cae in your company. it is not necessary for an employee to be eligible for bonus to be on the rolls on the day of closing of accounts or P&L is presented, if he worked for not less than 30 days during the said period.
B.Saikumar
HR & Labour Law Advsor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advsor
Mumbai
From India, Mumbai
I think the Employer may not supply Bonus after an employee resigned because the Bonus Act is not Strong enough...
The reasons are:
1 Contravenes of any provision of the Act - Employer would be punished with imprisonment upto 6 months, or with fine upto Rs.1000 or with both.
This Basically No employee willing to do...
2.If any bonus is due to an employee under a settlement, award or agreement, he can make an application for its recovery to the Government and the Government may issue a certificate to the Collector to recover the same as an arrear of land revenue.
Employer typically not include the Bonus in any agreement,or even it would not be included in the CTC
So, although he is eligible for Bonus, the employee can't claim and recover as per Act...
These are the Reasons why some employers not giving Bonus to the resigned employees!!
Are my Points Correct?
From India, Pondicherry
The reasons are:
1 Contravenes of any provision of the Act - Employer would be punished with imprisonment upto 6 months, or with fine upto Rs.1000 or with both.
This Basically No employee willing to do...
2.If any bonus is due to an employee under a settlement, award or agreement, he can make an application for its recovery to the Government and the Government may issue a certificate to the Collector to recover the same as an arrear of land revenue.
Employer typically not include the Bonus in any agreement,or even it would not be included in the CTC
So, although he is eligible for Bonus, the employee can't claim and recover as per Act...
These are the Reasons why some employers not giving Bonus to the resigned employees!!
Are my Points Correct?
From India, Pondicherry
the employer cannot deny statutory bonus to an employee as per his whims and fancies or on any ground he fancies least of all resignation , if he is otherwise eligible for the same under the Bonus Act namely completing minimum 30 days of servcie or his wages being Rs.10000/- p.m or below.An employee's right to bonus under Bonus Act 1965 cannot be determined by way of an agreement between the mangement and the workmen(union). First, you should verify the issues raised by members.
B.saikumar
Mumbai
From India, Mumbai
B.saikumar
Mumbai
From India, Mumbai
I have taken this below point from the Payment of Bonus Act 1965.
If any bonus is due to an employee under a settlement, award or agreement, he can make an application for its recovery to the Government and the Government may issue a certificate to the Collector to recover the same as an arrear of land revenue.
It seems an employee can apply for his recovery of Bonus to the government - only if the bonus is indicated in his CTC or Agreement !!!
Can employee get Bonus after resignation whether it is included or not in his CTC?
From India, Pondicherry
If any bonus is due to an employee under a settlement, award or agreement, he can make an application for its recovery to the Government and the Government may issue a certificate to the Collector to recover the same as an arrear of land revenue.
It seems an employee can apply for his recovery of Bonus to the government - only if the bonus is indicated in his CTC or Agreement !!!
Can employee get Bonus after resignation whether it is included or not in his CTC?
From India, Pondicherry
Yes, employee should be given the bonus of the last financial year even if he resigns, in next financial year, because he has served during that period, but does it happens.
Abhishek Sharma
Executive HR
Hindustan Press.
From India, Haridwar
Abhishek Sharma
Executive HR
Hindustan Press.
From India, Haridwar
If the bonus is due under an ward or settlement and the employee fulfils the terms of such award or settlement, he can, if he is a workman, can also make an application under Sec.33-C of the Industrial Disputes Act to the appropriate government for recovery of the bonus due from the employer,irrespective whether the same is mentioned in CTC or not. Further, I bring to your notice the explanation to sec.21 of the Bonus Act which states that the word'employee' also includes a person who is no longer in employment. therefore an employee who resigned from service is also entitled to the bonus if otherwise fulfils the eligibility criteria.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
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Amendment to Payment of Bonus Act 2015.jpg
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