Kindly let me know if we need to file returns with the labour department for bonus payments to employees. Please also clarify the effective date and period for filing these returns.

Additionally, could you please clarify if we are required to file Annual Returns with the Labour Department? If so, what information is included in the Annual Returns?

Thank you.

From India, Hyderabad
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Yes, Mr. Krishna, kindly go through Rule 5 of the Payment of Bonus Rules, 1975.

Every employer has to file an annual return in Form D to the Inspector under the Payment of Bonus Act, 1965, who would invariably be either an Assistant Commissioner of the State Labor Department or the Central Labor Department, depending on the appropriate government to the establishment. This return shall be submitted within 30 days after the expiry of the time limit prescribed for the payment of bonus under Section 19 of the Payment of Bonus Act, 1965.

From India, Salem
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Umakanthan Sir,

Thank you for your prompt response. Could you also please clarify if we need to file Annual Returns with the Labour Department? Are there any specific formats for filing PB Returns, as well as the contents required in Annual Returns?

Regards,

From India, Hyderabad
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SGMC
63

Dear Mr. Krishna
By virtue of amendment namely: The Payment of Bonus (Amendment) Rules, 2014, a new Form D has been introduced and it also provided an option to file the return online The amendment was notified on 10th November, 2014. The amendment also set a new timeline for filing the Annual Return by 1st February. The amendment also inserted a Proviso stating that the timelines as required under Section 19 of the act should be adhered as well. This created certain uncertainty on the filing of return date with the financial year varying for different employers and caused a confusion. As such new amendment namely; The Payment of Bonus (Amendment) Rules, 2016 was notified on 6th December, 2016 by which the proviso to Rule 5(1) introduced in 2014 has been omitted. Hence the Annual Return now needs to be filed for very calendar year before 1st February of the following year irrespective of the financial year that an employer follows.
A copy of the Gazette Notifications is attached herewith for kind information.
With Regards
P S Lakshmanan
Labour Law Consultant – PAN INDIA

From India, Kolkata
Attached Files (Download Requires Membership)
File Type: pdf Annual return Bonus Act.pdf (409.2 KB, 817 views)
File Type: pdf Effective date.pdf (237.6 KB, 343 views)

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