Can I Claim My Bonus from a Past Employer If It's in My Contract but I Left Early?

Dear Members,

I want to know if I can get my bonus from my last employer or not, in a case where the monthly bonus amount has been shown in the appointment letter. I had worked in the company for only about 3.5 months, and my clearance has been completed. However, I still have to receive my service certificate.

The bonus is generally paid in the company before the Diwali festival. The reason given to me for not receiving the bonus (along with clearance) is that I had not worked for at least a year in the company, although no such condition has been mentioned in the letter.

Please give your point of view on whether I am eligible for the bonus or not? And in case I am eligible, what should be done further to get the same from the company when they are not willing to pay it?

Thanks,
VISHAL

According to the Payment of Bonus Act, an employee who has worked for not less than 30 days is eligible for a bonus. If you are not otherwise disqualified from claiming the bonus due to fraud, causing damage to property, etc., you can receive a bonus at the same rate as given to the other employees for the period you worked.

Regards,
Madhu.T.K

Thank you for the reply.

My appointment letter specifically mentions the rate of payment of the bonus. In that case, will the bonus be paid to me at a rate given to other employees, or will it be based on what has been mentioned in the appointment letter?

Secondly, the employer is not willing to pay the bonus to me, as he has done the same to previous employees who left the job within 6 months. What should be done now? Please help.

Thanks.

A rate of bonus specifically mentioned in the appointment order shall mean that it is part of your CTC. Then it is to be understood as out of purview Bonus Act but a part of your remuneration. Such remuneration shall be withheld due to non-compliance of the service period of one year. The provision relating to one year of service to be eligible to get the so-called 'bonus' may be implied or expressed as per the company's rules. In both cases, you can be denied the bonus amount since you did not have sufficient service with the employer.

Regards,
Madhu.T.K

Dear Vishal,

You have the right to receive the bonus as you have worked for a minimum of 30 days as per the bonus act. You would be paid 3.5 months of bonus on a pro-rata basis. The percentage of bonus that you will receive is 8.33% of your 3.5 months Basic+DA.

If the management is not paying, then you can go to the labor court at your location. The company has no right to withhold bonus payment for such months.

With regards,
Subodha