Payment Of Bonus (amendment) Rules, 2016 - PDF Download

Dear Seniors/HR Fraternity,

Here is the notification dated 06.12.2016 for Payment of Bonus (Amendment) Rules, 2016 for your information.

In the Payment of Bonus Rules, 1975, in Rule 5, in sub-rule (1), the proviso shall be omitted.

Rule 5 (1) states that the submission of returns on the web portal of the Ministry of Labour, for example, omitted.

Yes, only the proviso to Section 5(1) is omitted and not the entire Section 5(1). Hence, the annual return in the prescribed format needs to be uploaded.

Yes, only the proviso was omitted; however, Form-D needs to be submitted every year.

B. Saikumar, HR & Labour Law Advisor, Navi Mumbai

Sir,

Can anyone help me to know if we have to send Form D for the financial year 2015-16 to the Labour Department or not? After the notification dated 06-12-2016, is it mandatory to send Form D? Please let me know.

Dear Mr. M. Bhandari,

Vide Notification dated 10th November 2014, Rule 5 of the Principal Rules (i.e., Payment of Bonus Rules, 1975) has been substituted with Sec 5(1) and (2). It pertains to the submission of the Annual Return in Form D (Unified Annual Return Form) before 1st February in each year regarding the previous year. This return should be uploaded on the web portal of the Ministry of Labour and Employment and sent to the Inspector. Since this Notification shall come into force on the date of its publication in the official gazette (i.e., 10th November 2014), the annual return in Form D should be uploaded for 2015-16.

The Notification dated 06-12-2016 does not affect the submission of the Annual Return in Form D. If my contention is incorrect, I request the senior members to guide me properly.

All copies of payment of bonus rules I have do not have a subsection or provision for Rule 5. I would appreciate it if someone could copy and paste it for me.