Is It Legal to Deny Last Year's Bonus After Resignation? Seeking Advice on Employer's Policy

Hello Sir/Madam,

I have not received a bonus for the last year from my employer, which is termed as an incentive in the employer's records. The reason given to me was that once an employee resigns, they are not eligible for the bonus from the last year (2015). Could you please advise me if there is any law to counteract this situation?

Regards,
Yogesh

Dear Yogesh,

The bonus should reach you if your resignation follows the normal legal process. You can reach us at our NGO email [Login to view] and contact number 9958404503. Please discuss with your owner or manager and familiarize yourself with the rules.

Best Regards,
Mohd Sajid

Dear Yogesh,

Please clarify the following:

1. When did you join the company?
2. When did you leave the company?
3. What type of bonus is it - statutory bonus, performance, etc.?
4. What is the eligibility criteria? Has it been mentioned in your appointment letter or have you been issued a separate letter?

Thanks,

Dinesh Divekar

Dear Yogesh,

The Statutory Bonus is payable to employees subject to a minimum of 30 days' work in a financial year and drawing a salary within the ceiling limits, whether they have resigned or are still in service.

P.K. Sharma

Since the advice seeker has already confirmed that the "unpaid amount" in terms of "incentive" is not considered a bonus under the provisions of the Bonus Act, they cannot claim it from the employer as per bonus norms. Furthermore, as the employee is engaged as per the appointment terms and conditions, and each part of the Cost to Company (CTC) is payable at the end of the cessation of employment, they can seek a remedy under a civil suit.

Regards, Yogesh

Dear Yogesh,

Your query is not clear. If you are receiving a Bonus as per the provisions of the Payment of Bonus Act, then you are obviously eligible to receive the bonus from your employer until the date of your leaving the service, regardless of the financial years. If your employer is paying incentives, then the matter should be dealt with amicably. Without clarification, it would be improper for us to give our opinion.

Adoni Suresh
Labour Laws Consultant