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Dilip Porwal (Consultancy)     12 December 2008

Bonus Eligibility

This is in reference to the Bonus Act 1956.

Eligibility for bonus.—Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year.

I

 have following query regarding the bonus payment:

A person X serves the company “A” from 01/04/2007 to 31/03/2008 and he left the company on 01/05/2008. The company “A” gives the ex-gratia bonus to its employees for the accounting year 2007-08 (01/04/2007 to 31/03/2008) in the October - 2008.

The question is: Will the person “X” eligible for the bonus for the accounting year 2007-08 as he served from 01/04/2007 to 31/03/2008 and left company on 01/05/2008? The bonus is paid in the October-2008.

 

If he is eligilible please give me the reference. As per our company policy the employee must be in service (employed) with the company at the time bonus is paid to be eligilble to receive the payment.

Thank you in advance.

Regards,

Dilip

 

 



Learning

 5 Replies

H. S. Thukral (Lawyer)     12 December 2008

An employee becomes eligible while he is serving the employer. It is another thing that the bonus is paid at the end of accounting year. I donot recollect but in a judgment it was held that it is a deffered wage. You are eligible for prorata bonus for the period you were in employment.

Dilip Porwal (Consultancy)     12 December 2008

I thank you for your reply.


In the question I asked, the person "A" remains in the employment for full accounting year (2007-08 and after that he left the company in May-2008.


The company pays ex-gratia in October-2008 for the accounting year 2007-08.


The question is Can person "A" eligilble for the bonus for the full accounting year 2007-08 as he was in the employement for the full accounting year?

H. S. Thukral (Lawyer)     13 December 2008

There is difference between ex-gratia payment and statutory bonus. If it is a stutory bonus under The Bonus Act, you are withour any doubt eligible for bonus for the trading year 2007-08 and also eligible for prorata bonus for 2008-09.   

Dilip Porwal (Consultancy)     15 December 2008

Thank you Sir.


In our CTC letter, it is mentioned as Bonus/Ex-gratia.


In the case of ex-gratia, what would be your reply?


Which act we can refer for Statuory bonus & Ex-gratia. I have the copy of payment of bonus act 1965. I am not able to find there anything for this case.

Ravi Gupta (Service)     15 December 2008

If his Basic+DA was less than 10000/- PM then there is no doubt that he is eligible for Bonus. If his salary was more than that then it depends upon company policy if something is given in writing then definitely you are liable to pay irrespective he is working or left.


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