How Can a Housekeeper Claim Durga Puja Bonus and Know Minimum Wages in West Bengal?

Inquiry about Durga Puja Bonus and Minimum Wages

I have a question regarding the Durga Puja Bonus and the minimum wages of a housekeeping person. The housekeeping person is providing services to an IT MNC. He has not received his Puja bonus or festival bonus for the last three years. The company with the contract states that the IT company does not provide the money or bonus, and they cannot give the bonus. However, this MNC company provides a bonus to outsourced engineers.

What should this housekeeping person (sweeper) do? Is there any option or legal document? Where should he go?

Lastly, this sweeper wants to know the minimum wages applicable for him in West Bengal.

Please kindly show the path.

Regards,
Banerjee

Hi,

Please visit this page - Paycheck.in India - Minimum Wage in West Bengal w.e.f July 1, 2015 to December 31, 2015, to know the minimum wages.

With Regards,

Mr. Thumbs Up

Pooja's bonus is not statutory. A bonus payable within 8 months of the close of the financial year falls under the Payment of Bonus Act, 1965.

Bonus Entitlement for Sweepers

The sweeper is entitled to a bonus provided he has worked for more than 30 days in the year. The amount payable would not necessarily be during Pooja time. It has to be paid within 8 months of the end of the financial year. If a Pooja bonus is paid, it can be deducted from the statutory bonus.

I assume the salary of the sweeper is less than ₹10,000. However, the amount is not large. Since the salary for computation is capped at ₹3,500 per month, if a bonus is paid, it will be only ₹3,500. Do not confuse this with the voluntary bonus that engineers would be getting.

Entitlement to Bonus for Contract Labor

Since the Payment of Bonus Act, 1965 is applicable to the MNC in which the housekeeping employee is engaged as contract labor, he is entitled to a bonus subject to the usual conditions of eligibility as stated above by other members. Puja Bonus is a customary bonus given by the employer out of his discretion, and as such, it cannot be claimed by the employee as a matter of right. However, the statutory bonus should be paid to even the contract labor subject to his eligibility. Even the amount of customary bonus paid can be adjusted in the statutory bonus payable.

Responsibility for Payment

The question here is by whom it is to be paid. The Principal Employer has vicarious liability towards all the statutory dues to contract labor for the entire period of service rendered for his establishment. In case of refusal by the Principal Employer and the Contractor, he can make a complaint against BOTH under Section 21 to the Authority under the Payment of Bonus Act, 1965, or raise a dispute under the Industrial Disputes Act, 1947.

As per my limited knowledge, the contractor is supposed to pay any and all payouts. Please keep us updated on the further information or data you receive on this topic. Thanks.

Bonus/Festive Bonus Queries

You have two queries:

1. Bonus/Festive Bonus - Others have already explained the bonus as per the PB Act and the Customary Bonus. What is reflected from your write-up is that the PE is not providing the bonus amount to the Contractor, and the contract labor (sweeper) is expecting a bonus. The usual practice is on an actual cost + service charge basis arrangement. If that is not the case, the contractor will deny paying the bonus, even though the contract labor is eligible for at least the minimum bonus - ₹3500 or less based on actual calculations. The contract terms and conditions should be changed accordingly to avoid any future legal disputes.

Minimum Wages for a Sweeper in West Bengal

2. Minimum wages for a sweeper in WB - As per the last circular effective from 01.07.2015 to 31.12.2015, it is for Zone-A - ₹6972 per month and for Zone-B - ₹6547 per month, and in both cases, 5% HRA as per the WB House Rent Allowance Act. These circulars, i.e., Minimum wages, are available at 6, Church Lane, Kolkata-700001.

For any further queries, you may contact me as per below.

Thanks & regds,

S K Bandyopadhyay

USD HR Solutions

[Email Removed For Privacy Reasons]

Companies operating in India have to obey the law of the land and be guided by the provisions clearly laid down in the laws. Bonus is a mandate; it cannot be avoided or delayed. I request you to ensure compliance, or else, as an HR personnel, you will get into trouble.