Dear Seniors, KIndly suggest, how far a principal employer is liable to pay bonus to contractor workers, if contractor fails to do so. Thanx in adv. Ajay
From India, Delhi
From India, Delhi
dear ajay
i could not see your post.
principle employer is responsible for .
wages,PF and ESI.he is not all responsible for bonus and gratuity.however contractor act is very clear in this repect and it is clerly mentioned that principle employer is responsible for wages.however one case law also i read ie cominco bibani zinck ltd vs pappachan 1989
,inwhich court mentioned bonus will not be payable by principle employer to the workers engaged by contractors since the bonus does not come in the perview of wages.
regards
j s malik
From India, Delhi
167i could not see your post.
principle employer is responsible for .
wages,PF and ESI.he is not all responsible for bonus and gratuity.however contractor act is very clear in this repect and it is clerly mentioned that principle employer is responsible for wages.however one case law also i read ie cominco bibani zinck ltd vs pappachan 1989
,inwhich court mentioned bonus will not be payable by principle employer to the workers engaged by contractors since the bonus does not come in the perview of wages.
regards
j s malik
From India, Delhi
Dear Ajay,
I undestand court made responsibility of contractor to pay bonus,but there is similar respobsibility of principle emplyer to provide bonus to them by contractor.
it is clear that Bonus paying is the responsibility of contractor but there is another law,if contractor does not comply with legal requirement then you can break the contract with the contractor who is using illigal activities,the principle employer should put force on contractor to pay bonus to all employees.
At the time of contract made between employer & contractor ,there is one point mentioned that contractor will comply all legal law & all responsibility related to wages & benefits on the head of contractor as per legal requirements.
Think positive for your workers(either permanent,contractor,temporarye etc...)why you should allow to break a law by contractor in your premises.
Best Regards
Sajid Ansari-Delhi
From India, Delhi
I undestand court made responsibility of contractor to pay bonus,but there is similar respobsibility of principle emplyer to provide bonus to them by contractor.
it is clear that Bonus paying is the responsibility of contractor but there is another law,if contractor does not comply with legal requirement then you can break the contract with the contractor who is using illigal activities,the principle employer should put force on contractor to pay bonus to all employees.
At the time of contract made between employer & contractor ,there is one point mentioned that contractor will comply all legal law & all responsibility related to wages & benefits on the head of contractor as per legal requirements.
Think positive for your workers(either permanent,contractor,temporarye etc...)why you should allow to break a law by contractor in your premises.
Best Regards
Sajid Ansari-Delhi
From India, Delhi
Dear Malik,
I have one more doubt on the Bonus.We are the contractors of many clients.Where as we have included 20% bonus on Rs.3500/- in the gross salary.That means we pay the bonus on upfront(whereas any employer should pay the bonus after completion of financial year based on the available allocable surplus amount).Please tell me whether are we comply with Bonus Act?
Regards,
Keshav Reddy.
From India, Bangalore
I have one more doubt on the Bonus.We are the contractors of many clients.Where as we have included 20% bonus on Rs.3500/- in the gross salary.That means we pay the bonus on upfront(whereas any employer should pay the bonus after completion of financial year based on the available allocable surplus amount).Please tell me whether are we comply with Bonus Act?
Regards,
Keshav Reddy.
From India, Bangalore
Dear HRGuide
Your question is v.v.v. amateurish and i am sure even a simple graduate HR assistant can answer it. Kindly go through the PAYMENT OF BONUS ACT.
Kindly dont have such inappropriate nicknames like HRGUIDE - you dont know your way, how can you GUIDE others?
Dear Malik Sir, kindly dont answer such silly questions. You are not here to spoon-feed everything and everyone. Let the individuals do some work on their own.
Regards.
From India, Delhi
Your question is v.v.v. amateurish and i am sure even a simple graduate HR assistant can answer it. Kindly go through the PAYMENT OF BONUS ACT.
Kindly dont have such inappropriate nicknames like HRGUIDE - you dont know your way, how can you GUIDE others?
Dear Malik Sir, kindly dont answer such silly questions. You are not here to spoon-feed everything and everyone. Let the individuals do some work on their own.
Regards.
From India, Delhi
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