Can i get bonus from my previous employer

Your company has been paying bonus to you. Bonus is to be paid within 8 months.

You may submit a gentle representation in writing under acknowlegment addressed to the good offices of your appointing authority, MD, Chairman, Company Secretary and mention that you have not received the Bonus and Deepwali is approaching and request the good offices to supply you the papyment of Bonus so that you can cherish it on the eve of deepawali. 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}.

Dear Mr.Kumar,

I have sent an email to my previous employer mentioning the points in your reply...

HR replied me that Festival Bonus only for those who are present on roll as on 30^th Sep in that year.

Is this right to follow like this?.... as per Bonus Act?

I have joined in Aug'08 left in Mar'12.

So, In this case, considering Bonus calculation accounting period as: From October to September

They paid full Bonus only in the years 2009, 2010& 2011. For 2008 they calculated bonus by taken into account of my earnings only 1 month salary.

So, for my Oct'11 to Mar'12 bonus earning they have not paid & pending...

Please analyse the above and advice me...

Thanks in advance,

It is felt hat as per your latest post you are asking for statutory bonus.

You may submit a clear communication mentioning the period for which you are asking for the payment of bonus to your company, and proceed as per their reply and provision of the Act.

----THE PAYMENT OF BONUS (AMENDMENT)  BILL, 2007:

2. In section 2 of the Payment of Bonus Act, 1965 (hereinafter referred to as the                     Amendment   of
                 principal Act), in clause (13), for the words “three thousand and five hundred rupees”,  
                 words “ten thousand rupees” shall be substituted.

----Payment of Bonus Act, 1965:

Sec 2, Definitions

{21} Salary or Wage

 Bonus depends upon Basic salary, DA & the food allowance or value of free food.

Yu may look into your wages.

----Minimum Bonus 8.33% min level upto Rs. 3500/- & Maximum Bonus @20%.

max level upto Rs. 8400/-

----Section 12: .

 Calculation of bonus with respect to certain employees.

       2*[12.  Calculation  of bonus with respect to certain employees.-

 Where  the  salary  or wage of an employee exceeds 3*[two thousand and

 five hundred rupees] per mensem, the bonus payable  to  such  employee

 under  section  10  or, as the case may be, under section 11, shall be

 calculated as if his salary or wage  were  3*[two  thousand  and  five

 hundred rupees] per mensem.]

---Bonus shall not be paid in cash.

I am posting my question simply;

Can employer deny the payment of bonus for the reason that the employee is not role as on Sep'30th? (left on Mar'30th)

As per act, Bonus accounting period is financial year...then why this employer taking sep'30th into account?

You are clear on your query.

Ask a clear question to your employer {appointing authority, MD, Company Secretary, with a copy to Head-HR} for payment of bonus {quote period} and demand a clear reply. You may quote the provisions of the act.

Your employer has to answer.

You may proceed further as per reply of your employer.