Bonus and Gratuity is in addition to FNF wages.
Hope he has been getting salary slips for each month of employment showing DOJ, and has appointment letter. He should have also been covered by PF, ESIC…………and must have been getting PF /ac slip of each year of service, ESIC card……………………
Be particular for ESIC card as he would be eligible for ESIC coverage (with wife) even after retirement.
If Payment of Bonus Act is applicable then employer should have paid Bonus each year.
If 10 or more people were employed at a point of time then Payment of Gratuity Act 1972 should be applicable and he should be eligible for Gratuity.
Payment of Gratuity Act, 1972
Sec:1:(3) (b) (c) (3A), Sec2A,4,7
He can submit FormI one month before retirement, under proper acknowledgment of course.
Even if application is not made, employer should pay Gratuity within 30 days from date of becoming eligible.
Formulae for calculation of Gratuity: (Basic+DA)/26*15* NO. of years of service
(Basic+DA) shall be as per Last drawn salary
For period of service more than 6 month count it as 1year.
IN FNF settlement he shall get Bonus, Gratuity, leave encashment, salary for days worked in last month of employment, and other amounts as applicable, along with last month salary slip, PF a/c slip, service certificate, relieving letter, Form16………………
IN case of any difficulty he may get in touch with ALC in local O/O Labor Commissioner, Inspector under (Name of your state) Shops and Commercial Establishments Act, Inspector under Payment of Wages Act……………….
