Exemption of Applicability of Bonus.,
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Exemption of Applicability of Bonus.,

janardan_raccha Started The Discussion:

Dear All,

Need to have some discussion about bonus,

If you see the applicability of act in section 1 of payment of bonus act 1965, it's clearly mentioned that act is applicable for all factories and establishment engaging 20 or more employees. At the same time there is an exemption mentioned in sec 32 that act has not apply for some of the following employees employed by the LIC, RBI, IFC, IDBI etc.

Can you please add your view whether it is been consider via sector wise (public or private) or else there is some specification mentioned by the law or the profit of the establishment.

Also please let us know whether bonus is applicable to the construction industry.

Dear Seniors please add your comments...

Regards,
Janardan

MILS - Member Since: Jun 2009
1.The PBA is applicable to all employees who has been worked for more than 30 days in an accounting year and who is drawing the wages of less thna of rs10000
2. it is applicable to construction industry also

Quote:
Originally Posted by janardan_raccha View Post
Dear All,

Need to have some discussion about bonus,

If you see the applicability of act in section 1 of payment of bonus act 1965, it's clearly mentioned that act is applicable for all factories and establishment engaging 20 or more employees. At the same time there is an exemption mentioned in sec 32 that act has not apply for some of the following employees employed by the LIC, RBI, IFC, IDBI etc.

Can you please add your view whether it is been consider via sector wise (public or private) or else there is some specification mentioned by the law or the profit of the establishment.

Also please let us know whether bonus is applicable to the construction industry.

Dear Seniors please add your comments...

Regards,
Janardan

suyoglabourconsultants - Member Since: Feb 2010
Dear Janardhan
I would like to brought to ur notice that u/sub.s.(vi) of Sec. 32; employees employed through contractors on building operations only can be excluded from the ambit of the act.But regular employees of construction company which is covered under the said act, are to be benefited.
Regards,
KIRAN KALE

R.N.Khola - Member Since: Feb 2009
Dear Kiran,

This is to inform you that section 32(vi) have already been omitted vide ordinance of Oct, 2007 & hence now onward from April, 2006 ( accounting year 2006-07) the contractor workers working in building operations have also become entitled to receive bonus as per the provisions of this Act.

With Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants) (M) 09810405361
www.skylarkassociates.com/
Quote:
Originally Posted by suyoglabourconsultants View Post
Dear Janardhan
I would like to brought to ur notice that u/sub.s.(vi) of Sec. 32; employees employed through contractors on building operations only can be excluded from the ambit of the act.But regular employees of construction company which is covered under the said act, are to be benefited.
Regards,
KIRAN KALE

R.N.Khola - Member Since: Feb 2009
Dear member,

If your company is covered under the Payment of Bonus Act, 1965 then after the infancy period you are liable to pay minimum bonus even if you are under losses.

R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants) (M) 09810405361
www.skylarkassociates.com/
Quote:
Originally Posted by jaithaacker View Post
If a comapny makes losses is paymens compulsory

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