Section 8 of the Payment of Gratuity Act deals with this question.
The Payment of Bonus (Amendment) Bill, 2015 notified: Increase in the Eligibility Limit under clause (13) of Section 2 and Calculation Ceiling under Section 12 of the Payment of Bonus Act, 2015
From India, Pune
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3180The Payment of Bonus (Amendment) Bill, 2015 notified: Increase in the Eligibility Limit under clause (13) of Section 2 and Calculation Ceiling under Section 12 of the Payment of Bonus Act, 2015
From India, Pune
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Hi
By virtue of amendment namely: The Payment Of Bonus (Amendment) Act, 2015 which came into retrospective effect from 1st April, 2014 an employee drawing less than Rs.21,000/- per month is eligible for bonus under The Payment of Bonus Act.
For the purpose of calculation of bonus the employee salary will be taken as Rs.7000/- or the minimum wages whichever is higher.
Various High Court has given stay on the retrospective effect of applicability of the amendment. That means the employer has to comply with the amended provision from 1st April, 2015.
A copy of the aforesaid amendment is attached herewith.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA
From India, Kolkata
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By virtue of amendment namely: The Payment Of Bonus (Amendment) Act, 2015 which came into retrospective effect from 1st April, 2014 an employee drawing less than Rs.21,000/- per month is eligible for bonus under The Payment of Bonus Act.
For the purpose of calculation of bonus the employee salary will be taken as Rs.7000/- or the minimum wages whichever is higher.
Various High Court has given stay on the retrospective effect of applicability of the amendment. That means the employer has to comply with the amended provision from 1st April, 2015.
A copy of the aforesaid amendment is attached herewith.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA
From India, Kolkata
Acknowledge(0)Amend(0)
If the company mentions bonus pro-rata on a monthly basis in the appointment letter, "AS PER BONUS ACT," etc., then irrespective of the effective date of its declaration or actual disbursement, the company is liable to pay the same to the employee (person), and not to his/her status as an employee. It should be irrespective of his current status as an employee, whether he is an ex-employee, retired, or has resigned from the company.
If this is in line, the labor commissioner or the Honorable Court should take a call. Please let me know if employers' discretion prevails or the law of the land.
From India, Pune
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If this is in line, the labor commissioner or the Honorable Court should take a call. Please let me know if employers' discretion prevails or the law of the land.
From India, Pune
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