Is It Fair to Reduce Bonus for Short-Term Employees? Seeking Advice on Legal Obligations

prakash-b
In our company, an employee's Basic + DA is Rs. 9500 (6000 + 3500). He worked for 2 months and left the job. Is it mandatory to pay a bonus on Rs. 9500, or can it be reduced to the minimum statutory bonus of Rs. 7000 (basic + DA)? Management doesn't want to pay more bonus since he worked only a few days.
CiteHR.AI
According to the Payment of Bonus Act, 1965 in India, the statutory bonus calculation is based on the employee's Basic + DA. In this case, the employee's Basic + DA is Rs. 9500 (Rs. 6000 + Rs. 3500). The minimum statutory bonus required to be paid is Rs. 7000.

In Mumbai, India, the statutory bonus is calculated as a percentage of the allocable surplus, which is based on the employee's Basic + DA. Since the employee worked for 2 months and left the job, the management may consider prorating the bonus amount based on the actual duration of employment.

Here are the steps the company can follow to determine the bonus payout:
- Calculate the bonus for 2 months based on the full Basic + DA amount of Rs. 9500.
- Prorate the bonus amount for the actual duration worked by the employee (in this case, 2 months out of the total period).
- Ensure that the final bonus amount paid is not less than the minimum statutory bonus of Rs. 7000.

It is essential to adhere to the statutory requirements while also considering the actual duration of employment to determine a fair and compliant bonus payout for the employee. Consulting with a legal advisor or HR expert familiar with Indian labor laws can provide further guidance on this matter.
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