What is the Legal requirement of Bonus at a time of Full & Final?

vikash_kal
Dear Seniors,
We are manufacturing company and having more than 300 employees. I want to know that can we hold bonus amount of left employee at a time of full and final? Can pay with regular employees in the month of October & November.
Please guide on the same.
Prashant B Ingawale
It it is statutory bonus then you can not withhold the amount rather your should pay with full & final settlement only.
Srinath Sai Ram
Bonus as per The payment of Bonus Act, 1965 is not part of F & F.The Company will declare % of Bonus payable for Previous Financial Year after Generation A & B Register.Normally Bonus is disbursed for Employees who are in Service during Dussehra/Diwali.However, Bonus has to be paid on or before 30th November
Employees who are not in Service at the time of Disbursement of Bonus/Ex Employees have to submit their Claim for releasing of Bonus after declaration of Bonus by the Employer.After scrutiny of Claim, Bonus has to be paid to Ex Employees not later than 30th November
harpreetwalia
I agree with mentioned comment by Mr Srinath. It is the correct procedure to be followed.
SanjayBansal
What happens if the employee goes to labour department and asks for the bonus to be paid with f&f. It has happened with our company.
Srinath Sai Ram
Dear Mr Sanjay, In Labour Department, you have to submit your submissions in writing quoting what has been mentioned here.You have to be forceful in written communication quoting provisions of Bonus law under which Statutory due date for disbursement of Bonus is or before 30th November for Previous FY
bgsarje
Bonus is not a part of F & F Settlement.
After complication of financial year company will declare the bonus and who have left the company we can pay him during Diwali or on before 30th November
P.Agrawal
In addition to the above comments, if the bonus is part of the salary structure communicated to the employee at the time of appointment then it should be paid along with the F&F.
PRABHAT RANJAN MOHANTY
Dear Vikash,
You can pay the employee, on declaration of bonus by the management not before that.
Srinath Sai Ram
Dear Agarwal all Statutory benefits like PF, ESI, Gratuity, Bonus etc are all part of Salary Structure/CTS.However, the Payments will be as provided under the relevant Act & Rules.An Employee leaves Service will get his Salary Dues, Leave Encashment along with Full & Final
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