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KP (NA)     11 February 2015

Advice need on bonus payment

Hi, 

I'm working as software professional with one of the private limited company since 20 months. I've recently resigned from company in month of January 2015 and I'll be serving notice period of 2 months so working with the same organization up to March 2015.Company normally declares bonus for the previous year in this month, and I was not given bonus for the year 2014 unlike other employees. When I checked with management on this they stated like you have already resigned so you are not eligible for this bonus. I've served the eligibility duration working with the organization and still working while bonus was declared and distributed.  

If someone having knowledge on such issues, your advice will be highly appreciated.



Learning

 4 Replies

arulprasath (HR & Legal)     12 February 2015

Hi

 

As per the bonus act, any one employee who has been worked 30 in proceeding 12 months is eligible for payment of bonus, in your case has eligible for last year bonus and current year worked days.

 

But, in case your salary is exceed 10000 per month, your not eligible for bonus. 

KP (NA)     12 February 2015

Thanks  arulprasath

Kumar Doab (FIN)     12 February 2015

If you were referring to statutory bonus as per Payment of Bonus Act ten your query has been answered by Mr.Arulprasath.

 

If you were referring to some performance bonus,performance linked incentives etc....................then since you have worked during the eligibility period and have performed then you are eligible............the logic of the company is just to put the matter on shut up mode and subdue the employee from proceeding further........  

 

If any amount was promised as fruit of labor then it is fruit of labor and has to be paid...........

 

Such Bonus are also covered by payment of Wages Act ....................

 

Moreover non payment cam amount to Breach ...................and if a non existent clause is being flaunted it may even get termed as fraud........

You may not give up and consult Employee's Union/Trade union leaders  e.g. CITU/INTUC/BMS/INTUC.............and an able Labor Law Consultant/Service Matters Lawyer and proceed further under expert advise of your lawyer.......

KP (NA)     13 February 2015

Thanks Kumar Doab,

For your valuable inputs. The bonus I'm referring here is performance bonus / incentive.

I'll surely take this forward by consulting Labor law consultant as per your suggestion.

Thanks again for your help. Highly appreciated.


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