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Sourav Hajra (Director)     19 March 2013

Actual bonus payable

If an employee earns Rs.12000 per month as his salary, how much annual bonus is he entitled to ? Is it 8.33% of his annual salary, Rs. 10000 or Rs. 3500?

Kindly advise



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 6 Replies

Kumar Doab (FIN)     20 March 2013

Every employee who is drawing a salary or wage upto Rs. 10000.00 per month (w.e.f. 1-4-2006) and who has worked for minimum period of 30 days in a year is entitled to be paid bonus. {Section 2(13) & 8}

See definition of wages in the Act.

If an employee is getting a salary or wage exceeding Rs. 3500.00 per month, but not exceeding 10000.00 per month, the bonus payable to him is to be calculated as if his salary or wage were Rs. 3500.00 per month. {Section 12}

 

Min.8.33%

 

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. {Section 11}

Sourav Hajra (Director)     21 March 2013

Dear Sir,

So in this case, not considering the allocable surplus, how much can this employee earning Rs.12000 per month legally claim as his bonus? 

Since he earns more than Rs. 10000 per month, is the employer exempted from paying bonus to him or is it that his bonus will be calculated as Rs. 3500 only?

Thanks and regards

Kumar Doab (FIN)     21 March 2013

See definition of wages in the Act.

 

Sudhir Kumar, Advocate (Advocate)     10 April 2013

rightly advised by Mr Doab

Sudhir Kumar, Advocate (Advocate)     10 April 2013

you know the provision as you advised in https://www.lawyersclubindia.com/forum/details.asp?mod_id=75779&offset=0#.UWVbBTchHfM


have you posted this trhead for taking viva of experts.

Sourav Hajra (Director)     11 April 2013

@ Sudhir Kumar:

I am sorry that you took the thread in a wrong way. No, I haven't posted this thread for taking viva of experts like You.

FYI, I was having some trouble understanding the implications of the act and since none of the experts could give me a definite answer, I did my own research and found a link which answered my querry. That further helped answer another person's querry. 

Hope you are clear.


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