The consolidated salary is Rs. 35,000/- per month. PF, conveyance extra. PF paid on Rs. 15,000/-
He was the highest paid employee & all the remaining employees were below the revised limit of Rs. 21,000/- notified by the govt. in Dec. 2015. As for company performance, we are incurring a loss for last 2 years due to investments made in the project that this employee was handling.
Since, this employee was getting more than 21,000 in addition to TA & PF, legally he is not eligible for bonus. If he is trying to arm twist using political outfit, the company has to play smart and may file a complaint with Labour Commissioner also.
Now, It is common for all the participants of this forum that now a days, employees are getting smarter by day & night, and it is for the HR Sections or Employers, to be more vigilant in maintaining the records and documents. The above incident is a fine example of the work force.
Gone are the days where employees used to have a feeling of sincere & ownership.
In continuation to my earlier comments, it is now clarified that EPF benefits are being passed to the employee concerned at Rs.15000/- which means his Basic and DA, if any is Rs.15000/- per month and as such he is entitled for the payment of Bonus whether the establishment is in loss or profit.
P K Sharma
As regards to deduction of Provident Fund Contribution, it was rightly deducted as per PF Ceiling of Rs.15,000/-, it doesn't mean that his Basic salary was Rs.15,000/-.
Labour Officer cannot force or insist you to pay him Bonus, once you produced the records of his salary payment of Rs.35,000/- (Consolidated). Moreover, any payment is made on more than Rs.21,000/- is not called Bonus, its ex-gratia (gesture of goodwill), which no Company pays for ex-employees.