Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rakesh B   20 September 2016

Confusion on bonus rules at the time of resignation

Hi All.

I am working in a Private Limited Company established in Kolkata. It is categorised under ITES/BPO/KPO. As a permanent employee, I am entitled to receive Durga Puja Bonus. So far the informations are roaming with the employees of our concern, it is expected that we may receive it within this month (within 28th of September, 2016).

Now, I have planned to leave this company due to some unavoidable circumstances. I am also ready to serve a notice period to the management on this regard. The notice period will be of One Month (30 Days).

My question is, If I submit my resignation letter as soon as I receive the Bonus this month with notice period of 30 days, can our company ask me to refund the Bonus amount that I would receive? If so, is it Legal? Please advice me on this regard. I am waiting to place my resignation just for this confusion. Please suggest as soon as possible. Thanks & Regards.


 3 Replies

Kumar Doab (FIN)     20 September 2016

You may go thru:

Payment of Bonus Act 

and its provisions for bonus.

Usually the bonus if previous year and paid by Nov to avoid penalty.


You may relate with policy of the company and check variances if any.


The establishment can provide superiro provisions but not inferior.



Rakesh B   21 September 2016

I have gone through the Bonus Act, but nothing is clearly mentioned on it to clarify my query. Precisely, I am asking whether I need to payback the amount of Bonus if I want to resign in October this year.

Kumar Doab (FIN)     21 September 2016


You may also be eligible for bonus for current year.


It seems that you have not carefully gone thru the Act.


Or if company has circulated some private  policy, post it here. 



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