Apex Management
Labour Laws Consultants
Riteshmaity
Labour Law Advocate
+1 Other

Dear Memebers,
One of the female employee sent an email to the management that she needs two months of leave as there is a marriage in her family and doesn't matter if the management disapprove the leave. The management didn't approve the leave and she went off. after that she came back after 3 months asking for bonus & salary.
Your valuable suggestions will be appreciated.
Regards,
Swati Anand
Do you have documents of disapproving the leave? If so, you can adjust her leave period with due leaves and pay the outstanding salary accordingly.
For taking leave without approval of the management, you can issue a charge sheet to her too.
Is she asking the Salary and Bonus for the Leave period or for the period previously for which she worked, kindly clarify so as to give appropriate view.
If she is claiming for the Salary and Bonus for the period she worked, then certainly she must be eligible for the same.
I am appending reasons for which Bonus may not be paid.

Question: Under what cases the employer can deduct the amount of bonus payable from employees account as per Payment of Bonus Act, 1965?

Answer: Where in any accounting year, an employee is found guilty of misconduct causing financial loss to the employer, then, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under this Act in respect of that accounting year only and the employee shall be entitled to receive the balance, if any.



Question: In what cases the employees will not be entitled to receive the bonus?

Answer: An employee in the following cases is not entitled to bonus: 1. An apprentice is not entitled to bonus [Wheel & RIM Co. vs. Government of T.N. (1971) 2 LLJ 299; 40 FJR 18]. 2. An employee who is dismissed from service on any ground of misconduct as mentioned in Section 9, is disqualified for any bonus and not merely for bonus of the accounting year in which he is dismissed (Pandian Roadways Corporation Ltd. vs. Presiding Officer [1996] 2 CLR 1175 (Mad) Disqualification of Bonus (Section 9) An employee who has been dismissed from service for :- (a) fraud; or (b) riotous or violent behaviour while on the premises of the establishment [V.G Textiles Private Ltd vs. Assistant Commissioner of Labour, 2010 (3) LLN405 (Mad.)]; or (c) theft, misappropriation or sabotage of any property of the establishment is not entitled for bonus. 3. Employees of certain establishments specified in section 32 are not covered by this Act. - See more at: https://expertmile.com/arti.php?arti....RPrsmFjI.dpuf
Dear all,
The employee concerned proceeded on leave without approval which is a indiscipline but whether the management has issued show cause for absenteeism?
Now if she is only asking for her payable bonus and Salary then where she is wrong? You are liable to pay her dues.
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