Dear All,
Payment of Bonus Act is absolutely clear to determine % of bonus based on available surplus, allocable surplus, Set on & Set off. If the organization has paid 8.33% based on Payment of Bonus Act, then there should not be any problem even if it is challenged under court of law. But if it is not, then it is a problem.
Demand of Union is a different subject. If the calculation is as per Payment of Bonus Act, please open the card and show it to union. Bargain if necessary. But my suggestion if payment of bonus act does not allow to pay as per calculation more than 8.33%, do not pay the extra amount if necessary as bonus instead pay as exgratia. Otherwise in future for continuous payment of bonus ignoring the method of arriving % of bonus - will be considered as customary bonus .
Thanks & Regards,
S K Bandyopadhyay( WB, Howrah)
+91 98310 81531
[Login to view]