Bonus Limit For Hr Executive - Doc Download - CiteHR
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Sr. Executive - Hr
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Anuj Trivedi
Labour Law Consultant
Amith R Murthy
Hr Executive
Ashish Tyagi
Sr. Executive. Hr
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Hey Guys, Can anyone able to tell me what is the limitation on the Bonus % for Executive HR ??? Min is 8.33% & Max ??? Please do reply, its urgent... Thanks in advance Regards. Chanda
Dear Friend,

With reference of your quesry please go through the below lines, where I have mentioned the details as per Payment of Bonus Act, 1965, whereas the nos. are indicating the respected sections and subsections....

8. Eligibility for bonus.—Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year.

9. Disqualification for bonus.—Notwithstanding anything contained in this Act, an employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for --
(a) fraud; or
(b) riotous or violent behaviour while on the premises of the establishment; or
(c) theft, misappropriation or sabotage of any property of the establishment.
1[10. Payment of minimum bonus.—Subject to the other provisions of this Act, every employer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year 1979 and in respect of every subsequent accounting year, a minimum bonus which shall be per cent of the salary or wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year:

Provided that where an employee has not completed fifteen years of age at the beginning of the accounting year, the provisions of this section shall have effecting relation to such employee as if for the words “one hundred rupees”, the words “sixty rupees” were substituted.]

2[11. Payment of maximum bonus.—(1) Where in respect of any accounting year referred to in section 10, the allocable surplus exceeds the amount of minimum bonus payable to the employees under that section, the employer shall, in lieu of such minimum bonus, be bound to pay to every employee in respect of that accounting; year bonus which shall be an amount in proportion to the salary or wage earned by the employee during the accounting year subject to a maximum of twenty per cent, of such salary or wage.

(2) In computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 15 shall be taken into account in accordance with the provisions of that section.]

3[12. Calculation of bonus with respect to certain employees.—Where the salary or wage of an employee exceeds 4[two thousand and five hundred rupees] per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were [two thousand and five hundred rupees] per mensem.]

5[13. Proportionate reduction in bonus in certain cases.—Where an employee has not worked for all the working days in an accounting year, the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than per cent, of his salary or wage for the days he has worked in that accounting year, shall be proportionately reduced.]

Dear Friends, It’s very simple, take out 20% of Basic + DA for Bonus, if the company has fixed 20% as Bonus and the same procedure for Gratuity also, just take care of fixed percentage.
Hey Deepak,
I got your point, but I want to know is there any max limitaion on bonus % for the Hierarchies
like for "Executives" max bonus limite is 30%, for "Managers" Max 20% etc
can you help me in this....

Ok agreed, but this is when company has a fixed bonus.
but in our case, after our 6month appraisal, being RH executive we got 25% bonus on ur ratings, whereas our expectation of bouns was somewhere around 30 to 40%, because of good rating.
now other employees at work floor, say Analyst level-3 got 58% of bouns with same procedure.
now my Question is:
Is there any bonus act says that company cannot pay HR executive more then 25 or 30% of bonus...

Dear Chanda, It seems you are trying to co-relate the performance bonus with the bonus, or incentive with the bonus....
no yaar,
We get bonus twice a year i.e for April & October, & both are depend on our preformances.
All eligible Emp get bonus depending upon there performance ratings...
for this time we (Executive HR) got 25%, & at work floor some emp got more then 50% of bouns.
now I want to now is there any act says that company cannot give more than 25% of bonus to executives HR.
hope i m clear..........

Dear Chanda,

As seems this case is diffrent from other cases, where the employer is paying bonus depends on calculations of productivity, may be the part of any contract or a general understanding between employer and employees, the percentage of bonus can be increased and that can be fixed by the agreement as you asked that an Executive HR is being paid 25%, whereas the Managers are getting upto 50%. So insuch cases you may refer to the below section of Payment of Bonus Act 1965:

31-A. Special provision with respect to payment of bonus linked with production or productivity - Notwithstanding anything contained in this Act, -
(i) Where an agreement or a settlement has been entered into by the employees with their employer before the commencement of the Payment of Bonus (Amendment) Act, 1976 (23 of 1976), or (ii) Where the employees enter into any agreement with their employer after such commencement, For payment of an annual bonus linked with production or productivity in lieu of bonus based on profits payable under this Act, then, such employees shall be entitled to receive bonus due to them under such agreement or settlement, as the case may be :
[(Note: Ins. by Act 66 of 1980, (w.e.f. 21st August, 1980)) Provided that any such agreement or settlement whereby the employees relinquish their right to receive the minimum bonus under Sec.10 shall be null and void in so far as it purports to deprive them of such right :]
[(Note: Subs. by ibid) Provided further that] such employees shall not be entitled to be paid such bonus in excess of twenty per cent, of the salary or wage earned by them during the relevant accounting year.]

Please let me know, if this matter seems yet to be confused, will try out for the best result.

Hi deepak, In our company we have score card for evaluation, depending on % we have scored we get the bonus. would like to hear your comments on this. Rgds, deeps
Dear Chanda ji,Please see the attachment for “Payment of Bonus Act check list” it may clarify your doubts.REgard,PBS KUMAR

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