Payment of bonus act
Shashi
(Querist) 29 November 2016
This query is : Resolved
Hi Everyone,
I am working in one of the MNC & it's registered as a PVT Ltd. I have joined in this company was 17th september 2015. My basic salary was 10100 & Statutory bonus is 700. My take home salary is 26950. In April 2016 company is reduced my Allowances and increased Statutory bonus. by this time there is no changes in my salary.
So my question is can i get Bonus as per Payment of bonus Act amendment 2015?
Thanks in advance
Regards
Shashi
Kumar Doab
(Expert) 29 November 2016
Central Government Act
Section 2(21) in The Payment of Bonus Act, 1965
(21) “salary or wage” means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include—
(i) any other allowance which the employee is for the time being entitled to;
(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles;
(iii) any travelling concession;
(iv) any bonus (including incentive, production and attendance bonus);
(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for the time being in force;
(vi) any retrenchment compensation or any gratuity or other retirement benefit payable to the employee or any ex gratia payment made to him;
(vii) any commission payable to the employee.
Explanation. —Where an employee is given in lieu of the whole or part of the salary or wage payable to him, free food allowance or free food by his employer, such food allowance or the value of such food shall, for the purpose of this clause, be deemed to form part of the salary or wage of such employee;
https://indiankanoon.org/doc/1987548/
Kumar Doab
(Expert) 29 November 2016
Relate with the extract posted above.
You have posted that:
"In April 2016 company is reduced my Allowances and increased Statutory bonus. by this time there is no changes in my salary."
The message my be redrafted so as to convey a clear message.
Did employer supply any written communication on changes and did you accept it?
Rajendra K Goyal
(Expert) 29 November 2016
Please redraft the query with clear material facts.
Sankaranarayanan
(Expert) 29 November 2016
yes state the facts of material then we can able to furnish our suggestion
