My ex-employer has not given me the same bonus as given to other employees for the period I was with him. He gave me only a partial amount, saying that is what they have given to all employees for that period. However, when I filed a case in the labor court, he claims that he is not interested in giving me the same bonus or ex-gratia as he is only interested in those currently employed by him. He also states that he is not interested in providing me with the same pro-rata benefit. However, I understand that Section 21 of the Bonus Act clearly states that an ex-employee has to be treated similarly to an employee for the same period of service.
What should I do?
From India, Chennai
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What should I do?
From India, Chennai
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Dear Chellappa,
Please ensure that payments under the Bonus Act are disbursed among the employees. If this is the case, you are eligible for a bonus subject to attendance. If it is ex-gratia and not bound by any agreement between management and employees, you won't have any claim to it.
Abbas.P.S
From India, Bangalore
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552Please ensure that payments under the Bonus Act are disbursed among the employees. If this is the case, you are eligible for a bonus subject to attendance. If it is ex-gratia and not bound by any agreement between management and employees, you won't have any claim to it.
Abbas.P.S
From India, Bangalore
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Dear Abbas,
All employees were given a 17.5% bonus for 2012-13. This was distributed in September 2013. I resigned on September 30, 2013. They provided me with a partial payment in October, stating that it was the same for everyone. Later, I learned from other employees that they had received 17.5% of the gross salary paid during 2012-13. I have taken the matter to the labor court under the ID Act, claiming my full bonus. Additionally, they have not paid me my bonus for 2013-14, which was supposed to be given in September 2014.
Thank you.
From India, Chennai
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All employees were given a 17.5% bonus for 2012-13. This was distributed in September 2013. I resigned on September 30, 2013. They provided me with a partial payment in October, stating that it was the same for everyone. Later, I learned from other employees that they had received 17.5% of the gross salary paid during 2012-13. I have taken the matter to the labor court under the ID Act, claiming my full bonus. Additionally, they have not paid me my bonus for 2013-14, which was supposed to be given in September 2014.
Thank you.
From India, Chennai
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Dear Abbas
All employees were given 17.5% Bonus for 2012-13. This was given in September-2013. I resigned in September,2013,30th. They gave me part payment in October saying that that is what they have given everyone. Afterwards i came to know from other employees that it was not so and that they have been given 17.5% of the gross salary paid during 2012-13. I have approached the labour court under ID Act, claiming my full bonus. They have also not given my Bonus for 2013-14 which was given in September-2014.... · see less · mark as spam
From India, Chennai
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All employees were given 17.5% Bonus for 2012-13. This was given in September-2013. I resigned in September,2013,30th. They gave me part payment in October saying that that is what they have given everyone. Afterwards i came to know from other employees that it was not so and that they have been given 17.5% of the gross salary paid during 2012-13. I have approached the labour court under ID Act, claiming my full bonus. They have also not given my Bonus for 2013-14 which was given in September-2014.... · see less · mark as spam
From India, Chennai
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Dear Chellappa,
Kindly check whether you are under the purview of the Payment of Bonus Act or not. Those who draw a salary up to Rs. 10,000 are entitled to receive a bonus under this act. If you draw a salary of more than Rs. 10,000, it is not mandatory to pay under the Payment of Bonus Act.
Abbas. P. S
From India, Bangalore
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Kindly check whether you are under the purview of the Payment of Bonus Act or not. Those who draw a salary up to Rs. 10,000 are entitled to receive a bonus under this act. If you draw a salary of more than Rs. 10,000, it is not mandatory to pay under the Payment of Bonus Act.
Abbas. P. S
From India, Bangalore
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Hello Chellappa,
You mentioned "....he is not interested in giving me the same bonus or ex-gratia......". Please clarify if this is supposed to be Bonus or Ex-gratia. Like Abbas mentioned, Bonus is mandatory, subject to the covenants of the Payment of Bonus Act, while there's no mandatory aspect in Ex-gratia. You mentioned that you have already filed a case in the Labor Court--when and what's the outcome?
Regards,
TS
From India, Hyderabad
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You mentioned "....he is not interested in giving me the same bonus or ex-gratia......". Please clarify if this is supposed to be Bonus or Ex-gratia. Like Abbas mentioned, Bonus is mandatory, subject to the covenants of the Payment of Bonus Act, while there's no mandatory aspect in Ex-gratia. You mentioned that you have already filed a case in the Labor Court--when and what's the outcome?
Regards,
TS
From India, Hyderabad
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Dear TS,
They have given a bonus to all employees in their role as of the date of giving/dispersing the bonus. I was relieved on 30th of September. The bonus for the year 2012-13 was given in September 2013 after the salary had been paid. I was given my September salary in October along with an amount as ex-gratia for the same period, i.e., 2012-13. Subsequently, in September 2014, a bonus was declared for 2013-14 and disbursed to all employees on the roll. I have not received the same for the six months I had served in 2013-14, i.e., April 2013 to Sep. 2013. The matter is in the Labour Court.
Regards
From India, Chennai
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They have given a bonus to all employees in their role as of the date of giving/dispersing the bonus. I was relieved on 30th of September. The bonus for the year 2012-13 was given in September 2013 after the salary had been paid. I was given my September salary in October along with an amount as ex-gratia for the same period, i.e., 2012-13. Subsequently, in September 2014, a bonus was declared for 2013-14 and disbursed to all employees on the roll. I have not received the same for the six months I had served in 2013-14, i.e., April 2013 to Sep. 2013. The matter is in the Labour Court.
Regards
From India, Chennai
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