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Gaurav   10 September 2017

Am I entitled treceive bonus, if i resign before bonus date?

I work in a private jewellery company in its retail outlet as a salesman since January 2016. I receive a salary of Rs. 36000 per month. As per my appointment letter I will also receive 1 month salary (Rs. 36000) as bonus during diwali. So as per pro-rata basis on October 2016 diwali I received Rs.30000 as bonus for 10 months. Now, in Sept 2017 I have decided to resign and given my resignation letter. Will I be eligible to receive diwali bonus in Oct 2017 lawfully ?


Learning

 8 Replies

Kumar Doab (FIN)     10 September 2017

In your case there exists precedence of pro rated bonus and rate seems to be @Indian Rupees 3000/pm.

Therefore until or unless there is any private/internal communication by establishment/employer to you/for employees by IT’s private/internal communication mode say; email by internet/intranet and/or internal website thru employee log in/HR portal/shared portals etc the existing precedence may prevail.

Kumar Doab (FIN)     10 September 2017

Download/print private/internal communications preferably/in possible in a manner that date of uploading/print gets published and also policy/rules of establishment of payment of such bonus.

Remain gentle and amiable while asking for the payment and communicate in writing under proper acknowledgment.

Kumar Doab (FIN)     10 September 2017

 

Relate the matter with Bonus policy/rules and check if it is as THE PAYMENT OF BONUS ACT, 1965 has been mentioned in any of the docs/communications issued by establishment to you.

Go thru:

Customary Bonus

Production or productivity

Section 31A & 34

https://labour.nic.in/sites/default/files/ThePaymentofBonusAct1965_0.pdf

P. Venu (Advocate)     10 September 2017

From the facts stated, you are entitled to receive pro-rata bonus, even if you choose to leave the job.


(Guest)

If provisions of your appointment letter are not clear on the term of entitlement of bonus, probably you may have to understand the distinction between the employee and a non-employee on the date of declaration/ entitlement of bonus.

 

Gaurav   11 September 2017

The following is mentioned on my appointment letter : We have the pleasure in appointing you as the Sr. Sales Executive at our retail store effective 11.01.2016. You will be entitled to the following : a) Basic Salary : Rs. 36,000 per month b) Bonus : 1 month salary - payable at Diwali. Now, if my employer does not give me bonus (as he is very moody), how should I take the course further. Shall I ask from him in writing? If he does not give in writing, whom & how shall I raise the complaint?

(Guest)
Originally posted by : Gaurav
The following is mentioned on my appointment letter :


We have the pleasure in appointing you as the Sr. Sales Executive at our retail store effective 11.01.2016.
You will be entitled to the following :
a) Basic Salary : Rs. 36,000 per month
b) Bonus : 1 month salary - payable at Diwali.


Now, if my employer does not give me bonus (as he is very moody), how should I take the course further.
Shall I ask from him in writing?
If he does not give in writing, whom & how shall I raise the complaint?
 

 

Not being a type of statutory bonus, better course is to forget it, rather wasting your energy. However, you can make polite representation to remind that you worked for him for the whole year and in consideration of which he may grant bonus, as a gift.

 

Imran khan (Job)     15 September 2017

As rightly said by JIGYASU it is not statutory bonus. It is clearly mentioned that the bonus will be paid at Diwali. If you are not present for Diwali ultimately not eligible for Bonus. Instead you can request for consideration on Pro-rate basis as given earlier.


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