#AnonymousWe paid bonus monthly to the employees this amount effected ESIC please confirm.
5th May 2017 From India, Hyderabad
My query regarding Bonus Payable to employee that if one person is working High Skilled and his minimum wages is 9000/-
as per govt rule . In such cases he is eligible for minimum bonus wages 7000/- or he is eligible bonus for 9000/- . Because as per Bonus rule - we pay to employee whichever is higher .
Please clear my point .
Thanks & Regards
S N M
20th July 2017 From India, Delhi
#AnonymousHi S N M,
the amendment is mentioned below for ready reference:
"The Payment of Bonus (Amendment) Act, 2015 envisages enhancement of eligibility limit under section 2(13) from Rs.10,000/- per month to Rs.21,000/- per month and Calculation Ceiling under section 12 from Rs. 3500 to Rs.7000 or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher. The Payment of Bonus (Amendment) Act, 2015 also mandates previous publication of draft subordinate legislations, framed under the enabling provisions under the said Act, in the Official Gazette for inviting objections and suggestions before their final notification."
Extract of amendment for your query:
Rs.7000 or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher.
WITHOUT PREJUDICE & CONTENTION:-
Bonus Act is applicable on the establishment where 20 or more persons are employed irrespective of establishment notified under scheduled industry/employment or not.
Actually, the amendment is general applicable on both i.e scheduled and non scheduled establishment, non scheduled employment is paying very less or paying as per applicable wage board for example sugar mills in uttar pradesh are cover under wage board and the 3rd wage board fixed the minimum wages as 6800/-pm so as per this amendment they also have to pay minimum bonus atleast 7000/- and in case minimum wages under scheduled establishment is also Rs. 6800/- than have to pay 7000/- but if in any state if minimum wages fixed for scheduled employment is 10,000/- than the higher side i.e 10,000/- have to be paid as bonus.
Further, if any establishment is suo-motu paying higher than the minimum wages, in that case also, will have to pay on the basis of minimum wages fixed for scheduled employment or 7000/- which ever is higher not on the basis of suo motu payment of higher wages.
Further again, Every establishment have to pay the higher side but exclude suo motu paid wages for the purpose of calculation of bonus and its not as per skill basis, its minimum wages fix for scheduled employment means minimum.
20th August 2017 From India, Gurgaon
Need your views with regards to Amendment to Payment of Bonus Act, Section 12,
‘‘seven thousand rupees OR the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher’’
All BPO / KPO / IT enable establishments across State are paying Basic more than Rs 21000/ - per month they do not provide DA / VDA.
Do the employee of above establishment are eligible for Statutory Bonus.
A line in reply is appreciated.
27th January 2018 From India, Mumbai