Can I Claim My Bonus After Resigning? Need Advice on Ex-Gratia Issue

Dear Sir,

I have resigned from my job after serving the company for 15 months. I have received a release letter after completion of all the formalities as per the terms of employment.

Now, the company is refusing to pay the bonus to me, saying that your salary exceeds 10,000/- per month; hence, you are not eligible for the bonus. However, the company has paid bonuses to other employees in the form of ex-gratia. Please note that one month's bonus forms part of my CTC structure and was duly signed by the CEO of the company.

Can I claim my bonus?

Kindly suggest.

Raj

Hi Raj,

Ex-gratia is an annual component which is willingly given by an organization. As far as the bonus is concerned, the minimum is 8.33% and the maximum can be 20%. It's not compulsory for companies to give; it's at the employer's discretion. However, you can definitely talk to the HR person and find out the reason why others are being given it and you are not. I hope this helps.

I would prefer if some members correct me wherever I am wrong regarding this info.

Regards

Dear,

If it is a part of your CTC and they have shown it in the appointment letter, they should pay it as ex-gratia. If it is not shown, then you cannot claim it as a right.

Thanks,
J. S. Malik

Your query does not disclose whether you fit into the definition of a workman under the I.D. Act 1947. If yes, then the act of the company amounts to favoritism and partiality regardless of merit, which is an unfair labor practice. Since the company is paying ex gratia to others and excluding you, it is engaging in unfair labor practice. In Maharashtra, you can seek redressal under the M.R.T.U. and P.U.L.P. Act 1971, and in other places under the I.D. Act 1947.

Dear Rajmail,

If this is part of the salary, then you should receive it without fail.

Regards,
Atul