Bonus payment

Querist : Anonymous (Querist) 03 October 2011 This query is : Resolved
Hi, One of my friend is working in an MNC and is presently serving the notice period of 1 month. As per his company policy the quarterly bonus is paid in the 2nd month's salary after the quarter is completed. For example considering July, August & September as a quarter, the bonus of these 3 months would be paid in the month of November. But as he has resigned from the company and currently serving the notice period, will he be able to claim for the bonus if the company does not pay it?

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Shailesh Kr. Shah (Expert) 03 October 2011
What is the salary amount?

Querist : Anonymous (Querist) 03 October 2011
It is less than 2 lacs p.a.

Shailesh Kr. Shah (Expert) 04 October 2011
As per the Payment of Bonus Act,The employer is bound to pay to his employees every year a minimum bonus of 8.33% of the salary or wage or Rs. 100.00, whichever is higher, whether be has any allocable surplus or not.
and When in any year the allocable surplus exceeds the amount of minimum bonus payable to the employees, the maximum bonus payable by the employer to his employees in that year is 20% of the salary or wage.

Shailesh Kr. Shah (Expert) 04 October 2011
Now come to your query, You need to check:-
1.Is company paying out allocable surplus and
2.what is the appointment letter says.

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