Hello Everyone, I want to put up my query. I was associated with one company for almost 10 years and for all the past years they had paid me bonus of 20% of Basic + DA.
Now from 01/11/2017 I had joined another company and my bonus from April 2016 to march 2017 has not been paid.
All my collegues of my grade have been paid bonus of said period on 10/11/2017.
When I joined the organisation my Basic + DA was (1350 + 4,400)
for financial year April 2015 to March 2016 Basic + DA was (6445 + 13250) has been paid Rs 47268/-
For financial year April 2016 to March 2017 Basic + DA was (7235 + 14040)
Now I had left the organisation with all formalities like notice period and all. Also experience certificate is issued to me.
But company has refused to pay me, whereas the estwhile employees of my grade with same Basic + DA have been paid bonus.
Now if I have to recover my bonus from April 2016 to October 2017 what action should I take.
Please advice.
From India, Pune
Now from 01/11/2017 I had joined another company and my bonus from April 2016 to march 2017 has not been paid.
All my collegues of my grade have been paid bonus of said period on 10/11/2017.
When I joined the organisation my Basic + DA was (1350 + 4,400)
for financial year April 2015 to March 2016 Basic + DA was (6445 + 13250) has been paid Rs 47268/-
For financial year April 2016 to March 2017 Basic + DA was (7235 + 14040)
Now I had left the organisation with all formalities like notice period and all. Also experience certificate is issued to me.
But company has refused to pay me, whereas the estwhile employees of my grade with same Basic + DA have been paid bonus.
Now if I have to recover my bonus from April 2016 to October 2017 what action should I take.
Please advice.
From India, Pune
As during this period you were drawing pay more than Rs. 21,000/- per month (actually Rs 21675), the benefit of coverage under the Payment of Bonus Act 1965 does not accrue to you. So there is no statutory liability to pay you Bonus as per the Act. As your colleagues have been paid though they are also not covered under the PB Act, you have been unfairly discriminated. Pl see the provisions of the scheme under which they have been paid and check whether is there any provision to deny an employee his rightful share for the sole reason that he has resigned from service. In case there is no such provision, you have a valid claim. Either a trade union can take up your matter and raise a dispute (as in your personal capacity you are out of coverage of ID Act 1947) or you will have to stake claim through the civil court.
From India, Mumbai
1534From India, Mumbai
[12. Calculation of bonus with respect to certain employees.—Where the
salary or wage of an employee exceeds 4[two thousand and five hundred rupees]
per mensem, the bonus payable to such employee under section 10 or, as the
case may be, under section 11, shall be calculated as if his salary or wage were
[two thousand and five hundred rupees] per mensem.]
From India, Pune
salary or wage of an employee exceeds 4[two thousand and five hundred rupees]
per mensem, the bonus payable to such employee under section 10 or, as the
case may be, under section 11, shall be calculated as if his salary or wage were
[two thousand and five hundred rupees] per mensem.]
From India, Pune
IS CASE-4 VALID IN MY CASE
BONUS CALCULATION PARAMETERS
CASE 1 BASIC LESS THAN EQUAL TO 3500 = BONUS=ACTUAL BASIC X (BONUS MONTHS) X 20%
CASE 2 BASIC MORE THAN 3500 UPTO 8400 = BONUS=Rs. 3500 X (BONUS MONTHS) X 20%, EXGRATIA=0
CASE 3 BASIC MORE THAN 8400 & LESS THAN 10000 = BONUS=Rs. 3500 X (BONUS MONTHS) X 20%, EXGRATIA= BASIC SALARY-8400
CASE 4 BASIC MORE THAN 10000 = BONUS = 0, EXGRATIA= 1 MONTH BASIC SALARY
CASE 5 BASIC CHANGES DURING YEAR
EX: 2300 to 3500 = BONUS=(2300Xmonths paidX20%) + (3500Xmonths paidX 20%), exgratia=0
EX: 3500 to 5000 = BONUS=(3500Xmonths paidX20%) + (3500Xmonths paidX 20%), exgratia=0
EX: 5000 6 mths to 8900 6 mths = BONUS=(3500*6*20%)+(3500*6*20%)=8400, exgratia= (8900*6/12)-(8400*6/12)=250
EX: 8900 4 mths to 12000 8 mths = BONUS=(3500*4*20%)=2800, exgratia= {(8900*4/12)-(8400*4/12)}+{(12000*8/120}
From India, Pune
BONUS CALCULATION PARAMETERS
CASE 1 BASIC LESS THAN EQUAL TO 3500 = BONUS=ACTUAL BASIC X (BONUS MONTHS) X 20%
CASE 2 BASIC MORE THAN 3500 UPTO 8400 = BONUS=Rs. 3500 X (BONUS MONTHS) X 20%, EXGRATIA=0
CASE 3 BASIC MORE THAN 8400 & LESS THAN 10000 = BONUS=Rs. 3500 X (BONUS MONTHS) X 20%, EXGRATIA= BASIC SALARY-8400
CASE 4 BASIC MORE THAN 10000 = BONUS = 0, EXGRATIA= 1 MONTH BASIC SALARY
CASE 5 BASIC CHANGES DURING YEAR
EX: 2300 to 3500 = BONUS=(2300Xmonths paidX20%) + (3500Xmonths paidX 20%), exgratia=0
EX: 3500 to 5000 = BONUS=(3500Xmonths paidX20%) + (3500Xmonths paidX 20%), exgratia=0
EX: 5000 6 mths to 8900 6 mths = BONUS=(3500*6*20%)+(3500*6*20%)=8400, exgratia= (8900*6/12)-(8400*6/12)=250
EX: 8900 4 mths to 12000 8 mths = BONUS=(3500*4*20%)=2800, exgratia= {(8900*4/12)-(8400*4/12)}+{(12000*8/120}
From India, Pune
Dear sir, In my case employer has shown bonus in CTC so whether my claim is liable. Please advise?
From India, Pune
From India, Pune
As already clarified, the present wage ceiling for bonus eligibility under the PGA is Rs. 21,000/- and your pay has been exceeding that limit during the fin. year 2016-17. So you cannot be benefitted under the PBA. As regards ex-gratia, it is a non-statutory scheme and it depends on the rules of the company. That is why it was desired in the earlier comments to check the provisions of the scheme under which your colleagues have been paid ex gratia and also check whether is there any provision to deny an employee his rightful share for the sole reason that he has resigned from service. In case there is no such provision, you have a valid claim under the said scheme and you can approach the company staking your claim.
From India, Mumbai
From India, Mumbai
Will you please put light on clause no 12. Calculation of bonus with respect to certain employees.
From India, Pune
From India, Pune
Employer says it as a bonus but it is included in CTC. If it is so then whether my claim is valid or not??? please advice.
From India, Pune
From India, Pune
The term 'bonus' used in CTC is not in the statutory sense, but a general term used to signify an annual payment calculated on the basis of profit/profitability. By mentioning it to be bonus, statutory coverage will not apply, but only if the statutory conditions are met, the position regarding it is already explained above.
From India, Mumbai
From India, Mumbai
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