Employer is liable to be penalized, and not the employee.
The error has been corrected.
>>> Payment of Bonus Act 1961:
The attached Gazette notification and commentary in it is self explanatory.
The Payment of Bonus was made mandatory to be made thru a/c payee cheque or in Bank a/c.
You can obtain the copy for Delhi from O/o Labor Commissioner Delhi.
If you have not signed the voucher for cash payment (for period before the amendment and its notification in gazette) then you can succeed that the payment is not made to you.
If bonus payment is narrated in contract o employment/appointment letter or in implied service then you may also pursue thru ID Act:33(C)(2)……………………………your labor consultant/service lawyer can elaborate further.
Employer can pay Bonus even if employee is drawing wages above Rs.10000/pm as per current wage ceiling. If employer has adjusted Bonus but has not paid and can establish with evidence then you may have a good case for claim.
For previous years you can look for in amendments to the Act and /or approach o/o Labor Commissioner.
There are many threads on Bonus that you may find relevant e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=16610&offset=1#.UmfqR3CAqWM
YOU may search for more, if reqd.
>>> The establishment should be covered by the Delhi Shops and Commercial Establishments Act that is so employee friendly:
Sec;2(5,7,15,30),
18. WAGES FOR THE HOLIDAY.
19. TIME AND CONDITIONS OF PAYMENT OF WAGES.
21,
22. LEAVE.
23. WAGES DURING LEAVE.
30. Notice of Dismissal.— (a) Applicability of section 30
The protection of the provisions of the section is available to all persons who fall within the
definition of the term “employee” as given in section 2(7) of the Act and who have put in three
months’ continuous services. In the absence of any standing orders or any contract between the
employer and the contesting respondent containing any particular terms or conditions, the
conditions of service of the employee relating to his employment in an establishment at Delhi are
covered by section 30(1) of Delhi Shops and Establishments Act, 1954;
33. Records.—
(a) Particulars and forms of the records required to be maintained under section 33
Failure to maintain the records in the prescribed form and in the prescribed manner…………. or a record of the hours worked and the
amount of leave taken by end of the intervals allowed for rest and meals or not entering the
particulars of all employment overtime, amounts to contravention of the provisions of section 33
of the Act and the proprietor, employer or the manager of such an establishment is liable to be
punished……
The register of employment and wages is required to be kept in Form ‘G’ duly bound and
pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform,
the employer may maintain such register in Form ‘H’ alongwith a separate register of wages and
record of leave in Form ‘I
al.
(d) Can an Inspector require an employer to produce the record in his office for
34. EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES
37. POWERS AND DUTIES OF INSPECTOR: (b) Duties of the Inspector: (i) that in dispensing with the services of an employee the provision of the Act and Rules
have been complied with and no dues payable under the Act or Rules have been
withheld;
>>> Payment of Wages Act 1936: Sec13A : Salary slip record should be maintained for min.3years.
>>> Payment of Gratuity Act 1972:
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Sec:1 (3) (b)(i) (ii) ,3A: The establishment employs more than 10 persons, should have been covered by the Act and Act should be applicable and employees should be eligible for Gratuity.
Sec:2A,4,4A,7,7A,8,
9; Penalties; There is a provision of penalty, punishment with imprisonment………….
You may put the word ……………….’WHOEVER”
Employee can submit FormI one month before effective date of resignation or even any time without any limit.
Employer has to supply notice of determination of Gratuity and pay within 30 days or employee is eligible for interest @10%pa.
If employer does not supply notice of determination of Gratuity you may submit in writing under proper acknowledgment, that notice has not been supplied despite representations in office on dated………….to Mr/Ms………..and FormI is attached and instrument of payment payable at………………..be supplied to you by redg. post and that postage prepaid self addressed envelope is attached for sending redg. post to you.
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