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ani (self employed)     10 November 2010

step to claim Bonus by an resigned employee

Hi friends,

I have worked for a company for more than a year. It was March 2009 when I joined and resigned on April 2010. As per the discussions on similar topics here, I think I am elligible for the Bonus which was paid in the Company July 2010 for the financial year 2009-2010. After reading the discussion here, I have mailed my HR of that company and asked why the Bonus was not given to me. But no response or mail reply has been received from the HR. Please advice what will be the next step. Should I send a legal notice with the help of an advocate or complain in the Labour court?

Please advice. thanks



 14 Replies

Pathikrit Naha (DGM - HR & ADMIN)     10 November 2010

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.

1 Like

ani (self employed)     10 November 2010

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.

Rashmita Saikia (Lawyer)     10 November 2010

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.

Pathikrit Naha (DGM - HR & ADMIN)     10 November 2010

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

1 Like

ani (self employed)     11 November 2010

Thank you Pathikrit and Rashmita.

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

Please advice.

ani (self employed)     12 November 2010

Dear friends,


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

KAMESWARARAO S (General Manager - HR)     15 November 2010

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

ani (self employed)     15 November 2010

Hi Kameswara,

Thank you very much.

 

Jacob Pratap (service)     19 November 2010

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

ani (self employed)     03 December 2010

 

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.

 

 

Ramnath Naik (Legal Advisor)     14 December 2010

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

 

Jacob Pratap (service)     14 December 2010

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.

Ramnath Naik (Legal Advisor)     15 December 2010

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...

Uday Powar (MANAGING DIRECTOR)     11 March 2013

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 ??


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