step to claim Bonus by an resigned employee

You please approach area labour commissioner ( ALC ) for the same.  ALC is responsible for that . Pl mark a copy to Inspector under payment of wages Act. Normally Factory Inspector is empowered to function as paymenent of wages Inspector.

thanks you for your reply. My company is belong to Bangalore. And my gross salary was around 14,000/- per month. Basic was around 4000/- rupees. the company is a reputed medicinal company in India.

Employer should take steps to send the bonus by postal to the ex employee. If sufficient proof is there that the employee is not traceable, then that bonus should be transferred to Unclaimed Bonus Account and maintained as such for seven years.

Then the amount should be transferred to Government's General Fund Account.

dear experts please advice if I am wrong.

You are correct that after sometime the unpaid bonus need to be deposited to Labour Welfare fund.

Thank you Pathikrit and Rashmita.

Shall I make an application to the Labour commissionar in the Labour court bangalore?

Please advice.

Dear friends,

please let me know, the actual procedure to claim Bonus by ex employee.

Hi Ani,

It is the primary responsibility of the management / concerned HR guy to work out the data & arrange to disburse the payable Bonus amount, if they have tried and unable to trace you then the same amount to be kept with them and to be deposited with the concerned authorities.

You can send a letter to the Factory Manager / HR head of that organizaion about your stint in the organizaion and asking them to send a cheque to the address mentioned in the letter. This letter need to be sent through Registered post with Ack.due or even through courier, keep the copy of the letter / receipt obtained from the postal  / courier agency wait for 15days and then send letter to the area Assistant / Deputy commissioner of labour.

Regards - kamesh

Hi Kameswara,

Thank you very much.

The claim u/s 33-C(2) of the Industrial Disputes Act, 1947 would lie before the Industrial Tribunal having jurisdiction.   

Dear friends,

As per the guidance received from the discussions, I have sent a letter to the HR manager asking for the Bonus.

So far I have not received any reply or response to that.

Shall I approach the labour department with the photocopy of the letter and receipt of registered post?

Please guide.

thanks you for your reply. My company is belong to Bangalore. And my gross salary was around 14,000/- per month. Basic was around 4000/- rupees. the company is a reputed medicinal company in India.

Hi Ani,

As per the above details ur are not atall applicable for bonus..it is applicable to whoever draws groos salary
 up to 10000/-

So, plz ref the act properly and then proceed.

And if there is ammendment or i am wrong plz correctn me..

Ramnath

If the wage is to be considered only Rs. 4,000/- p.m. how is he debarred from claiming bonus? You cannot have two definition of the word 'wages' under the Payment of Bonus Act, 1965; one favouring the employer to oust the employee to claim bonus and another to dilute the bonus claim of an employee.  I am of the firm view that he is entitled to claim bonus.

no i dont agrre..

his basic wage may  be 4000/- but gross wage is above 10000/- so on that as per act ,he is not entitle  for bonus.. so it is employer laiblity to pay or not...

I have to make the payment of Bonus to one of our ex-employee pertaining to earlier years, whose where about are not treacable.

Letter sent to his last known address is returned.

What is the recourse ??