Dear Sunil Kumar Chauhan ji,
I appreciate your reply.
By law the employer is liable to pay Bonus. In this forum we are here to enhance our knowledge by sharing and participating in discussions.
The employer is liable to pay not only Bonus. He is liable to pay as per minimum wage rates as declared by government. He is liable to make other statutory compliances also. Failure to do so, he is liable for penal action.
Employer may be a contractor. The contractor or any employer can not take a stand that he can not make payment as per minimum wage rate. He can not make payment of Bonus. He can not extend minimum facilities to his employees which are to be provided as per law. He can not make due compliance of applicable law. All this things are not viable to him. He is not getting price for all this things from his principal employer or he is not getting that much profit to do all this statutory things.
Any contract or agreement is not one-sided. It is both sided. Both the parties to it agree to it in totality. You can not take a stand that your principal i.e. other party to contract is not paying you sufficiently by which I can discharge your legal liabilities. Such contract is illegal ab-initio. You are liable for this illegal contract.
I hope you are convinced that principal employer is not liable to make payment of Bonus.
I will appreciate, if you ask how many contract labours are (actually) paid bonus by his employer (contractors)?
Law does not change even you get the truth.
Who is responsible to it? You and I, i.e. WE or the Government who makes the law or the officers who comes to collect money from you?
Now, the Govt. of Maharashtra vide its ordinance dated 17.09.2010 has mandated payment of bonus through cheque / bank account only. But still is there any guarantee that the poor employers who are indulged in the illegal contracts will adhere to this ordinance and if at they, will they not find some way out to recover the amount from employees?
I think, more discussion we should have in this regards.
Thanks with regards.
Keshav Korgaonkar
I appreciate your reply.
By law the employer is liable to pay Bonus. In this forum we are here to enhance our knowledge by sharing and participating in discussions.
The employer is liable to pay not only Bonus. He is liable to pay as per minimum wage rates as declared by government. He is liable to make other statutory compliances also. Failure to do so, he is liable for penal action.
Employer may be a contractor. The contractor or any employer can not take a stand that he can not make payment as per minimum wage rate. He can not make payment of Bonus. He can not extend minimum facilities to his employees which are to be provided as per law. He can not make due compliance of applicable law. All this things are not viable to him. He is not getting price for all this things from his principal employer or he is not getting that much profit to do all this statutory things.
Any contract or agreement is not one-sided. It is both sided. Both the parties to it agree to it in totality. You can not take a stand that your principal i.e. other party to contract is not paying you sufficiently by which I can discharge your legal liabilities. Such contract is illegal ab-initio. You are liable for this illegal contract.
I hope you are convinced that principal employer is not liable to make payment of Bonus.
I will appreciate, if you ask how many contract labours are (actually) paid bonus by his employer (contractors)?
Law does not change even you get the truth.
Who is responsible to it? You and I, i.e. WE or the Government who makes the law or the officers who comes to collect money from you?
Now, the Govt. of Maharashtra vide its ordinance dated 17.09.2010 has mandated payment of bonus through cheque / bank account only. But still is there any guarantee that the poor employers who are indulged in the illegal contracts will adhere to this ordinance and if at they, will they not find some way out to recover the amount from employees?
I think, more discussion we should have in this regards.
Thanks with regards.
Keshav Korgaonkar