About Bonus Payment
5 months ago
2022-2023 Bonus payment is Eligible for Resigned Employee or not ?during Full and final settlement also bonus amount not paid .
A.Dear Client,
Your query requires more information like date of your resignation, amount of monthly pay out etc. to respond. However, it is to inform you that as per the Payment of Bonus Act, 1965, an employee is eligible to receive a bonus under the Act, on fulfilment of the following criteria: an employee who receives a salary/wage up to Rs. 21,000/- per month (As per Amendment of 2015) and the employee must have worked in the factory or establishment for not less than 30 days in a year(FY). Section 10 of the Act prescribes the minimum bonus(statutory bonus), that is 8.33% of the employee’s Salary/wages, which is the least percent mandatorily to be paid by every establishment or organization covered by the Act, and as per Section 11 of the Act, the maximum amount of bonus shall not exceed, 20% of the salary/wages of the employees. For bonus calculation, only the employee’s Salary/Wages and Dearness allowance are considered. The bonus shall be paid within 8 months from the end of the accounting year, or within a month from the date of enforcement of the Act. So, in view of the above provision of the relevant Act that has an overriding effect on any contract or agreement made in contrary to the provision of the Act shall be infructuous and unenforceable and the eligible employee can claim a statutory bonus once he fulfils the eligibility criteria regardless of their terms of employment. Apparently, the actions of the Company may be treated as unfair labour practice and accordingly, if you are not holding a position of manager or supervisor in the Company, but a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. serving a legal notice to the Company reach out to the office of the concerned Labour Commissioner to file a complaint against the company over alleged unfair labour practice for redressal of your grievance, and apart, you should file an application u/s.33C(2) of I D Act before the concerned Labour Court claiming your F & F Settlement dues receivable on your resignation from the Company. But, if you are holding the position of manager or supervisor in the Company, you have to file a money suit before the Civil Court for recovery of your dues from the company.
Your query requires more information like date of your resignation, amount of monthly pay out etc. to respond. However, it is to inform you that as per the Payment of Bonus Act, 1965, an employee is eligible to receive a bonus under the Act, on fulfilment of the following criteria: an employee who receives a salary/wage up to Rs. 21,000/- per month (As per Amendment of 2015) and the employee must have worked in the factory or establishment for not less than 30 days in a year(FY). Section 10 of the Act prescribes the minimum bonus(statutory bonus), that is 8.33% of the employee’s Salary/wages, which is the least percent mandatorily to be paid by every establishment or organization covered by the Act, and as per Section 11 of the Act, the maximum amount of bonus shall not exceed, 20% of the salary/wages of the employees. For bonus calculation, only the employee’s Salary/Wages and Dearness allowance are considered. The bonus shall be paid within 8 months from the end of the accounting year, or within a month from the date of enforcement of the Act. So, in view of the above provision of the relevant Act that has an overriding effect on any contract or agreement made in contrary to the provision of the Act shall be infructuous and unenforceable and the eligible employee can claim a statutory bonus once he fulfils the eligibility criteria regardless of their terms of employment. Apparently, the actions of the Company may be treated as unfair labour practice and accordingly, if you are not holding a position of manager or supervisor in the Company, but a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. serving a legal notice to the Company reach out to the office of the concerned Labour Commissioner to file a complaint against the company over alleged unfair labour practice for redressal of your grievance, and apart, you should file an application u/s.33C(2) of I D Act before the concerned Labour Court claiming your F & F Settlement dues receivable on your resignation from the Company. But, if you are holding the position of manager or supervisor in the Company, you have to file a money suit before the Civil Court for recovery of your dues from the company.
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A.Dear Client, you can send a legal notice to the company for the recovery of your due bonus first and then you can get your dues by filing a civil suit for money recovery.
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