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DELHI EMPLOYER-1 (PARTNER)     24 August 2012

Bonus not applicable but paid for years out of ignorance!

 

My company has been paying bonus (equal to one month's pay) to our employees for years now. We were not aware of the applicability of the bonus act. Only recently, we have come to know of it. The applicability that my new HR man has told me is pretty much the same as indicated earlier in this forum. 3500 upto 10000 and then nothing.  I have about 80 ppl working for me, 50 below 10000 and 30 above but all are above 3500. The bonus payments which we have been giving have always been given as cheque payments and all workers have recd. a copy of their yearly vouchers which clearly describe this as bonus.

1) Can we suddenly stop giving out the bonus altogether for the ppl above 10000 and make it 3500 for those below 10000? 

2) Can we get into legal labour court dispute for that? I can very much believe that there would be some resistance to taking such a step but I can negotiate with a better payhike that since my bonus payments coincide with the annual wage increments.

3) Can someone argue that since it was being given in the past, it needs to be continued in the future as well?

Pls reply, urgent.



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     24 August 2012

The bonuspaid by you for all categories (other than the persons entitled as per the Payment of Bonus Act), coulld be deemed to be an exgratia or customary bonus. However, if youn dont' want to continue this practice for persons who have crossed 10000/0, your company may add the diffierence in ther annual salary and get a circular or individial letters signed by all the employees concerned.

vasudevan

Yogesh Anand (Head- Legal AVP)     24 August 2012

Yes I endorse the views of  Mr. Vasudevan, it can be continued to be paid to all the employees by the name of EX-GRATIA or Incentive or Produtivitr Related Pay or Gift.


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