How Do the New Bonus Act Amendments in AP and TS Affect Employee Bonuses?

Hi everyone, there are some amendments in the Bonus Act of Andhra Pradesh (AP) and Telangana (TS) as outlined below:

Amendments to the Bonus Act

1) The Payment of Bonus (Amendment) Bill 2015 aims to increase the monthly bonus calculation ceiling to Rs 7,000 per month from Rs 3,500.

2) The Bill also proposes raising the eligibility limit for bonus payment from an employee's salary or wage from Rs 10,000 per month to Rs 21,000.

3) Bonus calculation is based on the employee's salary and the profits of the establishment.

4) A minimum of 8.33% and a maximum of 20% are calculated.

5) The minimum bonus is Rs 7,000 for employees earning below Rs 21,000.

6) Bonus payment is due in 8 months, i.e., by 30th November.

7) The minimum bonus to be paid is Rs 7,000 or the minimum wage in the scheduled employment, whichever is higher. For example, if the minimum wage is Rs 8,000, a bonus of Rs 8,000 must be paid.

8) Can the government pass an act with retrospective effect from 1st April 2014? Employers now want to challenge the amendment before the High Court.

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Understand that there is already a stay granted by the High Court of Kerala in a petition in which two employers have challenged the retrospective effect.

Dear All,

STAY ORDER - HIGH COURT OF KERALA - PAYMENT OF BONUS AMENDMENT ACT 2015

The order of the Kerala High Court will not be applicable on a pan-India level. Some more writ petitions are being filed in other High Courts as well. However, the subject matter is under active consideration by the Central Government, and as such, the implementation of the amended provisions should be kept in abeyance.

In light of the stay granted by the Kerala High Court, can this decision be deemed applicable to the entire of India? The subject of bonus being on the Concurrent List.

Since the stay has been granted by the Kerala High Court, it is applicable only within Kerala. Of course, employers in other states can file similar applications in their respective states, and those High Courts may or may not grant the stay.

But I do not know why a government cannot amend a law retrospectively. Such retrospective amendments are common, especially in tax laws or labor laws.

Applicability of High Court Orders across India on retrospective effect of Payment of Bonus (Amendment) Act, 2015

Read this: https://lnkd.in/eHf-w-j

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"Applicability of High Court Orders across India on the retrospective effect of Payment of Bonus (Amendment) Act, 2015.

Read this: https://lnkd.in/eHf-w-j"

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Bombay High Court stays retrospective roll-out of new bonus payment act - The Economic Times

The Bombay High Court has stayed the retrospective roll-out of the new bonus payment act. This decision marks a significant development in the realm of economic policy. The court's ruling will have far-reaching implications for businesses and employees alike. It underscores the importance of legal clarity and the need for transparent and fair regulations in the business environment.

This move by the High Court is expected to bring relief to many stakeholders who were concerned about the retrospective application of the new bonus payment act. It also highlights the role of the judiciary in interpreting and safeguarding the rights of individuals and organizations in matters of economic policy.

Overall, the decision by the Bombay High Court sets a precedent for upholding the rule of law and ensuring that legislative changes are implemented in a manner that is just and equitable for all parties involved.