Dear Lorein,
Though my learned colleagues Sh N.V.Rao & Sh G.Hari has given very descriptive legal position in order to resolve your problem.I would like to give reply to your query in seriatim, which is as under-
(i) If someone who is eligible for the statutory bonus leaves the company by December or anytime during the year after the last payout and is not in the company rolls during the actual Bonus payout in the present year- Section 8 of the Payment of Bonus Act,1965 stipulates that every employee, who has worked in the establishment for at least 30 days during that accounting year shall be entitled to payment of bonus even if his name is not borne on the muster rolls of the company on the day of the declaration or payment of bonus.
(ii) Will the company still have to pay the bonus prorated for the number of months that he was there after the last payout period -Yes,under Section 13 of the Payment of Bonus Act,1965, a company is under an obligation to pay bonus to their employees proportionately for the period they have worked during last financial year.
(iii) Is Payment of Bonus Act,1965 applicable to ITES industry? The Act is applicable to (a) every factory as defined under the Factories Act,1948 and (b) every other establishment in which twenty or more persons are employed on any day during an accounting year. Since ITES industries has been classified as commercial establishments and Payment of Bonus Act,1965 covers all such establishments in which twenty or more persons are employed on any day during an accounting year. In Maharashtra, the Payment of Bonus Act,1965 has been applied to all establishments which employs ten or more employees on any day during that accounting year.
(iv) What is the Industry standard for payment of Statutory in the ITES industry?- There is no seprate standard for payment of Statutory bonus in the ITES industry subject to application of Section 16 of the Payment of Bonus Act,1965 which provides certain concession to the newly set up establishments.
BS Kalsi