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Solicitor Chirag Shah (Advocate & Solicitor)     20 January 2009

What is the Amount of Bonus Which worker is entitled to ?

Hello,

(i)  As per Law what is the amount of Bonus a workman can claim ??
(ii)  As per the Law what is the amount of Bonus workman is entitled to ?? ( i think maximum it is 3000 But kindly correct me )
(iii)  Of what and which period Workman can claim Bonus ??
(vi)  Is their any restiction, restaining WQorkman to claim bonus in a particular period ??
(v)  Whether Bonus can be Mutually agreed at reduced or High Amount ??

Kindly give me some citation as  i want some guidence from you all on this ... Please.
Regards,
Chirag Shah.


Learning

 3 Replies

Shree. ( Advocate.)     20 January 2009

Dear Sir,


Please gothrough the following link :


BONUS FAQ:


 Link:  https://www.excelconsultancyservices.co.in/PaymentOfBonus/faqs.htm


 

Solicitor Chirag Shah (Advocate & Solicitor)     20 January 2009

Thanks Shree,


I Gone through the contents.


I have following queries :


(I)  What if the number of employees are less then 10 ? then this act will not apply !!!! and then what remedy that workman will have to claim bonus will he be govern by any other Act or He cant claim Bonus at all ????


(II) What if Business makes Loss ?? as per Act The employer is bound to pay to his employees every year a minimum bonus of 8.33% of the salary or wage or Rs. 100.00, whichever is higher, whether be has any allocable surplus or not. {Section 10} ------ What you say about hits yaar !!!


(III) The Bounus is calculate on the basis of The amount earn by Employee. It is 8.33% of total amount given to any employee during a year ... Now how Employee proves the amount he received from Employer When He is workning on Seasional Base, He get Paid In Cash, He is not given with Any Recepit or Slip, He dont have any Record, Employer maintains record he can Manipulate Record at any point of time Xhowing Less amount paid to Employee ??


Kindly Assist Me with This Yaar.....


Regards,


Chirag Shah.

H. S. Thukral (Lawyer)     20 January 2009

1. Bonus Act shall not be applicable and it can not be claimed.


2. even then minimum bonus of 8.33 shall be payable by the employer.


3. In case of any dispute regarding payment of bonus act the same can be referred t the authority appointed under the Act. If the employer is not maintaining payment of wages register, a complaint can be made against him.  


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