For payment of Bonus - Should we consider, the actual number of days worked or the number of days paid for considering 30 days.
Secondly, if an employee has worked & paid only 28 days in the year but he is an active employee in the year bonus is paid, should we consider him for a bonus payment.

From India, Bengaluru
Dear Mr. Mohan, For gratuity eligibility one has to work minimum 30 paid days in a year. Regards
From India, Bengaluru
Dear Mohan,

Please refer to sec.8 of the Payment of Bonus Act,1965. According to the provision of this section, an employee should have worked for a minimum of 30 working days in an accounting year to be eligible to get statutory bonus for that year.

From India, Salem
Dear Colleague,

As per the provisions of the Payment of Bonus Act 1965, the number of working days to arrive 30 days ( Section 8) is that an employee shall be deemed to have worked in an establishment in any accounting year on the actual working days, also days on which employee was laid off, was on leave with salary or wages, was absent due to employment injury and also was on maternity leave(Section 14)

Payment of Bonus Act 1965

8. Eligibility for bonus.-Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year.

14. Computation of number of working days.-For the purposes of section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which-

(a) he has been laid off under an agreement or as permitted by standing orders under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment;
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wage, during the accounting year.

"Working days" include days of leave, lay-off. etc.

All the Best, God Bless,
Doctor Siva Global HR
Tamil Nadu

From India, Chennai
Dear All,

On Bonus issue, Veteran Mr. M.Umakanthan had clearly clarified and indirectly backed-up by Dr.P.Sivakumar that 30 working days in the accounting year is must, which means :-

a. 30 working days mean payment of wages for 30 days;
b. on Leave of any kind/nature with payment - total of 30 days (leave with wages + actual worked days)

The payment of Bonus Act is unambiguous


From India, Thane

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