Payment of bonus to casual workers-reg
T. K. Jacob
(Querist) 01 April 2014
This query is : Resolved
Sir,
The Indian Institute of Spices Research, Kozhikode(Calicut)is an Institute under the Indian Council of Agricultural Research,New Delhi, Ministry of Agriculture, Govt. of India.Based on a judgement of the Hon'ble High Court of Kerala in 2009, we are engaging 30 workers as casual workers in our Institute. The High Court judgement directs us to engage them only when casual work is available at the Institute. However, some of them completed more than 240 days of casual work in a year for the last continuous 3 years (they worked 3 years, completing 240 days in a year). Now they have requested for payment of non-productivity linked bonus.Kindly advise us whether they are eligible for bonus?
We are highly obliged to you for an early reply.
With thanks and regards,
T.K. Jacob,
Principal Scientist,
Indian Institute of Spices Research,
Marikunnu Post,
Kozhikode, Kerala-673 012
Mob: 09447539967.
Kumar Doab
(Expert) 01 April 2014
THE PAYMENT OF BONUS ACT, 1965
8. Eligibility for bonus: The only requirement…………………..is that the employee should have worked ………….. not less than thirty working days in an accounting year. Therefore, if a seasonal worker has worked in an establishment for more that thirty working days, he should be entitled to get bonus.
31A. Special provision with respect to payment of bonus linked with production or productivity.: Max. 20% to be paid. :
Any employer to pay bonus linked with production or productivity instead of bonus based on profits, if there is an agreement to that effect between him and his employees………………………..
Here also if the clause of 240 days of service is not entered in agreement then it may not operate.
Kindly check with your legal cell.
