Bonus not given by company

It is believed you are referring to the statutory bonus as per provisions of Payment of Bonus Act. To avoid penalty company should pay within 30^th Nov.

Company might have been paying customary bonus.

Has the officials of the company stated so in writing? Transact only in writing, and extract a reply in writing.

You may go thru the provisions of the Act and proceed further under expert advice of your lawyer on your specific case.

If you are eligible you may submit a gentle request to the good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR and mention your employee code, period of service and request to supply you the bonus which is otherwise to be paid before 30^th Nov and you may mention that as it has not been computed in your FNF statement and has not been disbursed to you till date hence good offices may inform you in writing on the reason for non disbursement or supply it by redg. post.

You may also mention that company may supply you the payment preferbaly by Bank DD and thru Redg. post only and if company has taken any decision to trasnfer it by NEFT the same may be communicated to you by redg. post and you shall arrange to supply the details { or you may mention the same}. If the company has been paying salary in bank a/c and the a/c is active you can communicate that your bank a/c is s ame as already in company records. The company has to supply it within Nov or face penalty/punishment.

Wait for the answer and submit reminders{s}.

---“Bonus payable under the Act is linked with profits. The employer has to calculate "gross profits" of his establishment in the manner specified in section 4. Then from "gross profits" so calculated he has to deduct the sums referred to in section 6 as prior charges. The balance is called "available surplus". A percentage of the available surplus calculated in accordance with the provisions of sub-section (4) of section 2 is called "allocable surplus". Where, in respect of any year the allocable surplus exceeds the amount of minimum bonus payable to the employees, the employer must pay to every employee in respect of that year bonus in proportion to the salary or wage earned by the employee during the year subject to a maximum of twenty percent of such salary or wage. {Subsection 2(4), 4 , 5, 6 & 11}

The principle behind fixing a minimum and maximum limit for payment of bonus is that the rate of bonus should not fluctuate widely from year to year.

Every employer is required to maintain, in the prescribed form, the following three registers:

a.       a register showing the computation of the allocable surplus;

b.      a register showing the set-on and set-off of the allocable surplus;

c.       a register showing the details of the amount of bonus payable to each of employees, the amount of deductions if any, and the amount actually paid.

The employer is also required to send, in the prescribed form, an annual return to the Inspector appointed under the Act. The time limit for sending the annual return is thirty days from the expiry of the time limit specified in section 19 for payment of bonus. {Section 26 & Rule 4 and 5”

--Section 10 of the Payment of Bonus Act, 1965 provides that subject to the other provisions of the Act, every employer shall be bound to pay to employee in respect of the accounting year commencing on any day in 1979 and in respect of any subsequent year, a minimum bonus which shall be 8.33 per cent of the salary or wage earned by the employee during the accounting year or Rs. 100 (Rs. 60 in case of employees below 15 years of age), whichever is higher. The minimum bonus is payable whether or not employer has any allocable surplus in the accounting year.

 Every employee who is drawing a salary or wage upto Rs. 10000.00 per month (w.e.f. 1-4-2006) and who has worked for minimum period of 30 days in a year is entitled to be paid bonus. {Section 2(13) & 8}

For the purpose of calculation of bonus a salary or wage includes a basic salary or wage and dearness allowance but does not include other allowances, overtime salary or wage, house rent allowance, traveling concessions, bonus, employer's contribution to provident fund, retrenchment compensation, gratuity or commission. {Section 2(21)}

Customary bonus is bonus which is being paid by way of tradition or custom at a uniform rate over a number of years and which has no link with profit.

Read :THE PAYMENT OF BONUS ACT, 1965

17.  Adjustment of  customary or  interim bonus against bonus payable
under the Act.
 

The newly set up establishment is exempted from paying bonus to its employees in the first five years following the year in which the employer sells the goods produced or manufactured by him. If, however, the employer derives profit in any of the first five year, he has to pay bonus for that year. The provisions of set on and set off are not applicable in such cases. {Section 16}

Dear Sir,

Thank u very Much for your response. I given company's HR & admin Sr. manager Email from 27 sep,2012 to 10th dec,2012   5 request letter & phone calls but they are not deposit or transfer in my salary a/c which is active.

Thus I need that I not go for any legal action because all are my friends. and amount is only Rs.6041/- on basis .

So I think that if they are unable to make payment can I forget it . if go for legal action this is very time spending & expensively.

Thanks

MAHESH SONI

Submit a gentle representation to the good offices of your appointing authority, MD, Company Secretary and narrate all representations made by you so far including by phone {mention each date, phone numbers and name, designation, dept, address of the company personnel called by you and their statement} email, letter, in person and enclose copies and request them to supply you the payment in your bank a/c in next say……7 days.

You may also mention that if company want to pay by cheque it should be payable at par at all branches of the bank or company may supply DD thru redg. post only. You may affirm that if company wants you are willing to supply postage prepaid/redg. post cover or you may mention that such cover is enclosed..

You may also mention if company has already sent the instrument of Payment Company should supply you the certified copy of the cheque/DD, copy of redg. post receipt, proof of delivery.

You may also mention that if the company does not want to supply you the bonus company may inform you in writing by letter thru redg. post the reason for the same, so as to reach you in say…..next 7 days.

If the good offices also do not provide any relief, you may lodge a complaint with Inspector, o/o Labor Commissioner within the stipulated time.

You can peruse the RTI route to move the lawful authority.

21. Recovery of bonus due from an employer.

22. Reference of disputes under the Act.

27. Inspectors.-

28. Penalty

29. Offences by companies.