Ex- Gratia Payment After Leaving Company. Eligible Or Not? - CiteHR
Partner - Risk Management
Consultant & G.m.
Edp Assistant
Santhosh Srivatsav
Hr Personnel
Nishant Chaturvedi
Regional Manager
+1 Other

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Dear All I was employee of emcure pharmaceuticals ltd from last 2.5 year. in aug 12 i have leave company. now when i am claming my pending Ex-Gratia (Bonus) of 1.5 year(from april 11 to aug 12, they are refusing and saying that as my basic salary is above rs. 10000 and i am manager so company has no liability for paying my pending Ex-Gratia or Bonus. Can Any one tell me regarding Ex-Gratia payment after leaving company. Is i am eligible for this payment or not thanks
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The company attitude is right that payment of bonus is only done to them whose salary was upto Rs. 10,000/- i.e basic+da, as far as ex gratia is concern it is solely depend on the comapny managemnt either to pay or not.
Thanks & Regards,
Sumit Kumar Saxena
but sir it is mention in my CTC that i will get Rs. 8400/Year as Ex-Gratia /Bonus. so if it is mentioned in my ctc structure than can i claim this or not
As you say it is mentioned in your CTC then you are eligible to get paid for that. If the company say your basic is above 10k show the increment letter where you ex-gratia is clearly mentioned and knowingly how can they mention it in you CTC.
What ever shown either Gratuity or Ex-gratia in your CTC is strictly payable to you.
Dear Nishant, It is true that structure is mentioned in your ctc, claim it but it is solely depend on the company management.
Dear Sumit,
If in your CTC if they did not mention anything about Bonus/Ex-Gratia and Gratuity then it is fine. that means all the amount given to you is adjusted in other components, but when the company says your CTC is so much and monthly you are not paid monthly means you bonus is paid yearly and Gratuity is arranged in a trust like LIC or any other agent and be paid in your final settlement.
If not, the same should be added to other components of the monthly Gross. Else the company is cheating you by showing with the higher CTC
In simple terms, what ever shown in CTC should be paid to the employee wither it is PF, Bonus & Gratuity.
Dear Nishanth,
As per the Bonus Act any employee whose Basic+DAs exceeds Rs. 10000/- is not eligible for Bonus.
Your Management has acted upon that section of the Bonus Act. They are right
However, you could have approached your Management with better communication skills. You could have told them that though you crossed the Bonus Ceiling amount, as a gesture Management could pay you that as ex-gratia and it would go a long way in building up a good relations.
Many managements have considered to pay its employees the Bonus as Ex-gratia though their salary is far exceeding the Bonus ceiling amount. One Management has paid its employees 20% of the wages of that year without applying any ceiling amount.
It is upto the Management to take a view in such cases.
With best wishes.
Sr. Manager-HR
Dear Nshant,
First U have to check with your co./colleagues whether that co. has declared the Ex-gratia in lieu of Bonus (to which some of U not eligible). If they declared/paid for others like you then U R also eligible to get especially U said Ur.CTC has been covered the ex-gratia. Try it out.
Dear All
find attach my salary structure (CTC) as regional manager in 2012 and as medical rep in 2009 mentioned in my appointment latter and incriment latter both. in both the document company has clearly mentioned that he will pay Rs. 8400/year as bonus/ex-gratia. It is fixed amount at all the level and not increased yearly.
now these two document can give clear cut idea.
As now i have leave the company but my bonus from April 2011 to August 2012 (17 month total Rs-11900) is pending with company.
Now please tell can i claim my pending bonus from company and is company is bound to pay this?

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Nishant, You are not covered under bonus act but only eligible to get the ex-gratia as per your apptt.letter. I think you got a valid point in claiming this exgratia amount, go ahead. kumar.s.
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