Facing Bonus Discrimination as an Ex-Employee: How Should I Handle This?

My ex-employer has not given me the same bonus as other employees for the period I was with him. He gave me only a partial amount, saying that is what they have given to all employees for that period. However, when I filed a case in the labor court, he claims that he is not interested in giving me the same bonus or ex-gratia as he is only interested in those currently employed by him. He also states that he is not interested in providing me with the same pro-rata benefit. However, I understand that Section 21 of the Bonus Act clearly states that an ex-employee has to be treated similarly to an employee for the same period of service.

What Should I Do?

Dear Chellappa,

Please ensure that payments under the Bonus Act are disbursed among the employees. If this is the case, you are eligible for a bonus subject to attendance. If it is ex-gratia and not bound by any agreement between management and employees, you won't have any claim to it.

Abbas.P.S

Bonus Discrepancy and Legal Action

All employees were given a 17.5% bonus for 2012-13, distributed in September 2013. I resigned on September 30, 2013. They provided me with a partial payment in October, stating that it was the same for everyone. Later, I learned from other employees that they had received 17.5% of the gross salary paid during 2012-13. I have taken the matter to the labor court under the ID Act, claiming my full bonus. Additionally, they have not paid me my bonus for 2013-14, which was supposed to be given in September 2014.

Thank you.

Regards

Dear Abbas, all employees were given a 17.5% bonus for 2012-13. This was issued in September 2013. I resigned on September 30, 2013. They gave me a part payment in October, saying that was what they had given everyone. Later, I learned from other employees that it was not so and that they had been given 17.5% of the gross salary paid during 2012-13. I have approached the labor court under the ID Act, claiming my full bonus. They have also not given my bonus for 2013-14, which was distributed in September 2014. · see less · mark as spam

Dear Chellappa,

Kindly check whether you are under the purview of the Payment of Bonus Act or not. Those who draw a salary up to Rs. 10,000 are entitled to receive a bonus under this act. If you draw a salary of more than Rs. 10,000, it is not mandatory to pay under the Payment of Bonus Act.

Abbas. P. S

Hello Chellappa,

You mentioned "....he is not interested in giving me the same bonus or ex-gratia......". Please clarify if this is supposed to be Bonus or Ex-gratia. Like Abbas mentioned, Bonus is mandatory, subject to the covenants of the Payment of Bonus Act, while there's no mandatory aspect in Ex-gratia. You mentioned that you have already filed a case in the Labor Court--when and what's the outcome?

Regards,
TS

Dear TS, They have given a bonus to all employees in their role as of the date of giving/dispersing the bonus. I was relieved on the 30th of September. The bonus for the year 2012-13 was given in September 2013 after the salary had been paid. I was given my September salary in October along with an amount as ex-gratia for the same period, i.e., 2012-13. Subsequently, in September 2014, a bonus was declared for 2013-14 and disbursed to all employees on the roll. I have not received the same for the six months I had served in 2013-14, i.e., April 2013 to Sep. 2013. The matter is in the Labour Court.

Regards