Kumaran Praveen
Hr-trainee
Chiragbhosle
Manager - Er / Ir
+1 Other

Thread Started by #Anonymous

Sir
1.if basic+DA will be more than 10000 then no bonus should be paid as per rule, is it right?
if right then why few co.pay
2.For calculation of leaves can days like absentism due to disablement,maternity and laid off ,leave with wages
will be counted ?
3.which among these are not entitled for bonus
apprentice
contract labour
temporary staff
seasonal staff
probationers
4. can we include overtime for calculation of salary for excluding a employee for bonus?
Thanks
5th November 2015 From India, Mumbai
Hi Buddy,
1. Yes you were right act clearly specifies that employees drawing salary (Basic+DA) upto 10,000 is eligible for bonus however if any organization wish to give bonus to their employees than they can give because it is management decision to share their profit with employees beyond the statutory limit.
2. Employee deemed to have worked in an organization if
i. he/she has been laid off under an agreement or as permitted by standing order act-1946 or under the industrial dispute act-1947.
ii. He has been on leave with wages.
iii. He has been absent due to temporary disablement caused by accident arising out of and in course of employment.
iv. The employee has been under maternity leave.
3. Apprentice, Contract Labourers are not entitled for bonus.
4. No
With Regards
Mr.Thumbs Up
5th November 2015 From India, Chennai
1.if basic+DA will be more than 10000 then no bonus should be paid as per rule, is it right?
if right then why few co.pay

Current ceiling limit for Bonus eligibility is 10000. In case one’s basic is more than 3500 p.m., his bonus will be calculated as if his basic was 3500.

In case one exceeds the ceiling limit, it’s not mandatory for an organization to make bonus payment in such cases.

Other than statutory obligations, Few other reasons I see why companies make the bonus payment irrespective of one’s basic salary are:
i. Uniformity in compensation structure across particular cadre
ii. Motivation
iii. Settlement / agreement with the union


2. For calculation of leaves can days like absentism due to disablement,maternity and laid off ,leave with wages will be counted ?

I guess what you are trying to understand here is if an employee is entitled for bonus in case of above mentioned reasons.
Yes. He is.

3. which among these are not entitle for bonus
The definition of employee does not differentiate between the daily wager, casual or permanent workmen. All employees falling within the ambit of payment of wages act are entitled to bonus.

apprentice – yes. (Excluding those covered under the apprenticeship act, 1961)
contract labour – yes. However, the liability is Not with the company but the contractor.
temporary staff – assuming they are on company’s role, yes. If he has worked for no less than 30 days in a previous financial year.
seasonal staff – Yes. (pl refer “Shakkar Mills Mazdoor Sangh V. Gwalior Sugar Company Lt., 1985 (50) FLR 320 – seasonal employees are entitled to full minimum bonus guaranteed by the S. 10 and not only the proportionate bonus as u/s 13.
probationers – yes. If he has worked for no less than 30 days in a previous financial year and employed on a monthly wages not exceeding 10000.

4. can we include overtime for calculation of salary for excluding a employee for bonus?

Under sec. 21(i), any other allowance which the employee is for the time being entitled to is excluded. Hence, overtime is not to be factored in for working out bonus eligibility.

Regards,
Chirag B.
5th November 2015 From India, Mumbai
Hi All, I have a doubt, Will the standing order of the company applicable to the Contrcator worker. Most of the time if we see the suprervisor of the company control over the control worker
6th November 2015 From India, Gurgaon
Hi,
It depends according to the standing order of an establishment , say some establishment may include provisions for contract workers and some may not. Therefore we have to check respective establishment standing order to decide it.
With Regards
Mr.Thumbs Up
6th November 2015 From India, Chennai
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