Payment of bonus (urgent)


Dear Sir,

I was working with a Partners ship firm from 18.7.17 to 21.3.18 with starting salary of 20000 and revised salery 25000 from the Nov 2017. There is nathing provided in the appiontment letter about the bonus. The important fact is that while we are calculating the TDS on salary We are taking 8.33% of last year pay as bouus for each and every employee. Then please tell me Am I elegible for bonus?

Read more at: http://www.lawyersclubindia.com/forum/details.asp?mod_id=26027&offset=2

 
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FIN

GO thru;

THE PAYMENT OF BONUS ACT, 1965; 1(b),2(14,21),8,12,14,19,21

 

https://labour.gov.in/sites/default/files/ThePaymentofBonusAct1965.pdf

Payment of Bonus(Amendment) Act,2015;3

https://labour.gov.in/sites/default/files/paymentofbonusAmendmentAct2015.pdf

 
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FIN

Madras High Court

Uco Bank Employees Association vs The Union Of India on 29 July, 2008;2,16

https://indiankanoon.org/doc/1751769/

Being a CA you must not face any difficulty in arriving at clear understanding.

 
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Thanks for your reply.

now only question is pending, how we will deal with the increased salary from Nov 2017 from 20000 to 25000. I am attaching one pfd link received the proff of salary received available at ESIC website as strong proff with a very polite request to please help me find out the figure of bonus to claimed from past employer.

as per my underesting the figure will be Rs 11955 i.e. 8.3333% of (47053+96415 = 143468). kindly confirm.

PFAhttp://www.lawyersclubindia.com/editor_upload/428033_20180522221817_452448579esic_ip_interface2_2_files_merged_.pdf

 
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Value Date Descripttion Ref No./Cheque No.         Debit Credit
07-Aug-17    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC17219303179*MODI DAIRY-- TRANSFER FROM 3199416044303   8,941.00
08-Sep-17    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC17251304741*MODI DAIRY*-- TRANSFER FROM 3199681044308   19,161.00
09-Oct-17    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC17280314291*MODI DAIRY*-- TRANSFER FROM 3199683044306   18,479.00
09-Nov-17    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC17313315571*MODI DAIRY*-- TRANSFER FROM 3199682044307   7,026.00
08-Dec-17    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC17342319878*MODI DAIRY*-- TRANSFER FROM 3199683044306   9,900.00
10-Jan-18    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC18010305134*MODI DAIRY*-- TRANSFER FROM 3199678044303   19,160.00
09-Feb-18    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC18040311530*MODI DAIRY*-- TRANSFER FROM 3199678044303   24,790.00
28-Feb-18    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC18059310051*MODI DAIRY*-- TRANSFER FROM 3199411044308   12,375.00
13-Mar-18    BY TRANSFER-NEFT*BARB0JAIBIK*BARBC18072314618*MODI DAIRY*-- TRANSFER FROM 3199416044303   7,070.00
  MARCH SALARY     7,584.00
  MARCH SALARY     7,584.00
 
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FIN

The past employer is to declare bonus, calculate and pay in stipulated time in the Act.

The links posted by you are not accessible.

 
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Salary Breakup
  From 18.7.17 to 31.10.17 From 1.11.17 to 21.3.18
BASIC  15100 18750
HAR  3000 3750
VONVEYENCE  1900 2500
D.A.  NO  NO
Total 20000 25000

 

Dear Sir/Madam, I am waiting for you reply on 2 question as follows. 1. Please tell me Am I eligible for bonus? because my past employer is not interested to release my bonus. 2. how we will deal with the increased salary from Nov 2017 from 20000 to 25000. because I have put the FINAL figure of bonus to employer, otherwise as per employer I will only get Rs. 7000 as a minimum bonus only.
 

 
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Advocate

Dear Mr. Abhay,

Please be noted that if an employee has worked for 30 days in the previous accounting year he/she will be eligible for payment of Bonus. Also the ceiling limit of bonus eligibility is that the employee is drawing wages Rs 21,000/- or less.

And your employer is providing the Bonus at the rate of 8.33% on the last year pay of the employees, is not only bad in fact but also bad in law! The calculation should not be base upon the whims of the employers but in accordance to the provisions.

Even there are many managers who are overpaid than the ceiling limit, in that case also the employer may pay them Bonus, but legally and technically we call it Ex-gratia!

 
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