Hi! Are apprentices eligible for Bonus as per the payment of Bonus Act? Regards Amit
From India, New Delhi
4From India, New Delhi
Hi there! Apprentices are not covered under any labour laws except Workmen Compensation Act. Please correct me if I am wrong. - Hiten
From India, New Delhi
From India, New Delhi
Dear Hiten, Apprentices are covered by Apprentices Act, 1961. They are also covered by ID Act. Rest no act is applicable to them. Regards, Nilendra
Dear All
The defenition of employee in the Bonus Act is like this :
13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied;
So Apprentices are outside the defenition itself.
With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.
From India, Madras
The defenition of employee in the Bonus Act is like this :
13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied;
So Apprentices are outside the defenition itself.
With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.
From India, Madras
If the Trainees are Summer Interns then they are not eligible for Bonus. If they are recruits of the company and PF is deducted from their Salary/Stipend and their Salary/Stipend is less than or equal to 10000 they they are eligible for bonus also if they have served for 30 days in the FY.
Regards,
Nilendra
Regards,
Nilendra
Nilendra is right.
The basic conditions for ascertaining whether a trainee is covered under the Payment of Bonus is as follows -
a) The trainee should be under the rolls of the Company.
b) The stipend should be less than Rs.10,000 p.m.
c) The trainee should have worked for atleast 30days in the financial year for which the bonus is being paid.
d) Normally some Companies pay bonus to the trainees under the heading of "Special payments" and do not call it as Bonus.
e) Also some Companies follow the rule of mentioning in the notice/letter - that payment of bonus/special payment to the trainees does not construe the fact that any permanent status is being given to them in the Company.
Regards
P.Arun Kumar
From India, Bangalore
The basic conditions for ascertaining whether a trainee is covered under the Payment of Bonus is as follows -
a) The trainee should be under the rolls of the Company.
b) The stipend should be less than Rs.10,000 p.m.
c) The trainee should have worked for atleast 30days in the financial year for which the bonus is being paid.
d) Normally some Companies pay bonus to the trainees under the heading of "Special payments" and do not call it as Bonus.
e) Also some Companies follow the rule of mentioning in the notice/letter - that payment of bonus/special payment to the trainees does not construe the fact that any permanent status is being given to them in the Company.
Regards
P.Arun Kumar
From India, Bangalore
Apprentices under the Apprentices Act are not eligible for Bonus as they are not workmen under the Payment of Bonus Act. But, for this, the contract of apprenticeship has to be registered. In absence of this, the status of the apprentice can be subject to dispute.
Regds.
Ranjit J. Pandya
From India, Ahmadabad
Regds.
Ranjit J. Pandya
From India, Ahmadabad
Hi! Nilendra,
Any trainee hired under Apprentice act is not eligile for Bonus or PF/ESI etc.
If in case of a trainee/summer trainee PF is calculated then they basic salary. Bonus is calculated on PF basic.
Regards
Ammit
From India, New Delhi
Any trainee hired under Apprentice act is not eligile for Bonus or PF/ESI etc.
If in case of a trainee/summer trainee PF is calculated then they basic salary. Bonus is calculated on PF basic.
Regards
Ammit
From India, New Delhi
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Payment of Bonus Act 1965 (Apprentice).do cx
Bigger bonuses for more as Lok Sabha amends Payment of Bonus Act - The Economic Times.pdf