Dear PK Jain ji,
Nice to hear you after a break. Always pleasure in interacting with you.
I Think, you have answered the queries of Mamta ji in hurry.
In my view, following are the answers to the queries.
If employee is entitled for Bonus under the Act, he can claim bonus even the company is in loss and not exempted from bonus, irrespective of there is a clause of Bonus in the appointment letter or not.
If employee is not entitled for Bonus under the Act but entitled as per the terms of appointment letter with out any condition thereto as regards to profitability and company is in loss, the employee can demand / claim the Bonus and if it is not paid by the employer, it is breach of contract which can be dealt with according to law.
It is not unfair on the part of company. It is a statutory liability upon company to pay Bonus to those 70% . Rest 30%, there is no statutory liability upon company.
Even in 30% the company can have disparity if certain employees opt for Bonus in CTC.
Nice to hear you after a break. Always pleasure in interacting with you.
I Think, you have answered the queries of Mamta ji in hurry.
In my view, following are the answers to the queries.
If employee is entitled for Bonus under the Act, he can claim bonus even the company is in loss and not exempted from bonus, irrespective of there is a clause of Bonus in the appointment letter or not.
If employee is not entitled for Bonus under the Act but entitled as per the terms of appointment letter with out any condition thereto as regards to profitability and company is in loss, the employee can demand / claim the Bonus and if it is not paid by the employer, it is breach of contract which can be dealt with according to law.
It is not unfair on the part of company. It is a statutory liability upon company to pay Bonus to those 70% . Rest 30%, there is no statutory liability upon company.
Even in 30% the company can have disparity if certain employees opt for Bonus in CTC.