Dear Members,
I want to know if I can get my Bonus from my last employer or not, in a case where the monthly bonus amount has been shown in the appointment letter. I had worked in the company only for about 3.5 months and my clearance has been done. But I still has to receive my service certificate.
The bonus is generally paid in the company before diwali festival. The reason given to me for not giving bonus (with clearance) is that I had not worked for atleast a year in the company although no such condition has been mentioned in the letter.
Please give your point of view whether I am eligible for bonus or not?
And in case I am eligible, what should be done further to get the same from the company when they are not willing to pay it?
Thanks,
VISHAL
From United States
8I want to know if I can get my Bonus from my last employer or not, in a case where the monthly bonus amount has been shown in the appointment letter. I had worked in the company only for about 3.5 months and my clearance has been done. But I still has to receive my service certificate.
The bonus is generally paid in the company before diwali festival. The reason given to me for not giving bonus (with clearance) is that I had not worked for atleast a year in the company although no such condition has been mentioned in the letter.
Please give your point of view whether I am eligible for bonus or not?
And in case I am eligible, what should be done further to get the same from the company when they are not willing to pay it?
Thanks,
VISHAL
From United States
According to Payment of Bonus Act, an employee who had worked for not less than 30 days is eligible for Bonus. If you are not otherwise disqualified from claiming bonus due to fraud, causing damage to property etc, you can get bonus @ same rate as given to the other employees for the period you worked.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Thanks for the reply.
My appointment letter specifically mentions the rate of payment of bonus. In that case, bonus would be paid to me at a rate given to other employees or it will be based on what has been mentioned in appointment letter.
Secondly, the employer is not willing to pay the bonus to me as he has done the same to previous employees also who had left the job within 6 months. What should be done now?
Please help...
Thanks.
From United States
My appointment letter specifically mentions the rate of payment of bonus. In that case, bonus would be paid to me at a rate given to other employees or it will be based on what has been mentioned in appointment letter.
Secondly, the employer is not willing to pay the bonus to me as he has done the same to previous employees also who had left the job within 6 months. What should be done now?
Please help...
Thanks.
From United States
A rate of bonus specifically mentioned inthe appointment order shall mean that it is part of your CTC. Then it is to be understood as out of purview Bonus Act but a part of your remuneration. And such a remuneration shall be withheld due to non compliance of service period of one year. The provision relating to one year service to be eligible to get the so called 'bonus' may be implied or express as per the companies rules. In both the case, you can be denied of the bonus amount since you didnot have sufficient service with the employer.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Vishal,
You have the right to get the bonus as you have worked for a minimum of 30 days as per bonus act. You would be paid of 3.5 months bonus i.e. on prorata basis. The %age of bonus that you will be paid of 8.33% of your 3.5 months Basic+DA.
If the mgmt is not paying then you can go to the labour court at your location. The company has no right to stop bonus payment for such months.
With regards,
Subodha
You have the right to get the bonus as you have worked for a minimum of 30 days as per bonus act. You would be paid of 3.5 months bonus i.e. on prorata basis. The %age of bonus that you will be paid of 8.33% of your 3.5 months Basic+DA.
If the mgmt is not paying then you can go to the labour court at your location. The company has no right to stop bonus payment for such months.
With regards,
Subodha
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Amendment to Payment of Bonus Act 2015.jpg
Bigger bonuses for more as Lok Sabha amends Payment of Bonus Act - The Economic Times.pdf
THE PAYMENT OF BONUS ACT.doc