My ex-employer has not given me the same bonus as other employees for the period I was with him. He gave me only a partial amount, saying that is what they have given to all employees for that period. However, when I filed a case in the labor court, he claims that he is not interested in giving me the same bonus or ex-gratia as he is only interested in those currently employed by him. He also states that he is not interested in providing me with the same pro-rata benefit. However, I understand that Section 21 of the Bonus Act clearly states that an ex-employee has to be treated similarly to an employee for the same period of service.
What Should I Do?
From India, Chennai
What Should I Do?
From India, Chennai
Dear Chellappa,
Please ensure that payments under the Bonus Act are disbursed among the employees. If this is the case, you are eligible for a bonus subject to attendance. If it is ex-gratia and not bound by any agreement between management and employees, you won't have any claim to it.
Abbas.P.S
From India, Bangalore
Please ensure that payments under the Bonus Act are disbursed among the employees. If this is the case, you are eligible for a bonus subject to attendance. If it is ex-gratia and not bound by any agreement between management and employees, you won't have any claim to it.
Abbas.P.S
From India, Bangalore
Bonus Discrepancy and Legal Action
All employees were given a 17.5% bonus for 2012-13, distributed in September 2013. I resigned on September 30, 2013. They provided me with a partial payment in October, stating that it was the same for everyone. Later, I learned from other employees that they had received 17.5% of the gross salary paid during 2012-13. I have taken the matter to the labor court under the ID Act, claiming my full bonus. Additionally, they have not paid me my bonus for 2013-14, which was supposed to be given in September 2014.
Thank you.
Regards
From India, Chennai
All employees were given a 17.5% bonus for 2012-13, distributed in September 2013. I resigned on September 30, 2013. They provided me with a partial payment in October, stating that it was the same for everyone. Later, I learned from other employees that they had received 17.5% of the gross salary paid during 2012-13. I have taken the matter to the labor court under the ID Act, claiming my full bonus. Additionally, they have not paid me my bonus for 2013-14, which was supposed to be given in September 2014.
Thank you.
Regards
From India, Chennai
Dear Abbas, all employees were given a 17.5% bonus for 2012-13. This was issued in September 2013. I resigned on September 30, 2013. They gave me a part payment in October, saying that was what they had given everyone. Later, I learned from other employees that it was not so and that they had been given 17.5% of the gross salary paid during 2012-13. I have approached the labor court under the ID Act, claiming my full bonus. They have also not given my bonus for 2013-14, which was distributed in September 2014. · see less · mark as spam
From India, Chennai
From India, Chennai
Dear Chellappa,
Kindly check whether you are under the purview of the Payment of Bonus Act or not. Those who draw a salary up to Rs. 10,000 are entitled to receive a bonus under this act. If you draw a salary of more than Rs. 10,000, it is not mandatory to pay under the Payment of Bonus Act.
Abbas. P. S
From India, Bangalore
Kindly check whether you are under the purview of the Payment of Bonus Act or not. Those who draw a salary up to Rs. 10,000 are entitled to receive a bonus under this act. If you draw a salary of more than Rs. 10,000, it is not mandatory to pay under the Payment of Bonus Act.
Abbas. P. S
From India, Bangalore
Hello Chellappa,
You mentioned "....he is not interested in giving me the same bonus or ex-gratia......". Please clarify if this is supposed to be Bonus or Ex-gratia. Like Abbas mentioned, Bonus is mandatory, subject to the covenants of the Payment of Bonus Act, while there's no mandatory aspect in Ex-gratia. You mentioned that you have already filed a case in the Labor Court--when and what's the outcome?
Regards,
TS
From India, Hyderabad
You mentioned "....he is not interested in giving me the same bonus or ex-gratia......". Please clarify if this is supposed to be Bonus or Ex-gratia. Like Abbas mentioned, Bonus is mandatory, subject to the covenants of the Payment of Bonus Act, while there's no mandatory aspect in Ex-gratia. You mentioned that you have already filed a case in the Labor Court--when and what's the outcome?
Regards,
TS
From India, Hyderabad
Dear TS, They have given a bonus to all employees in their role as of the date of giving/dispersing the bonus. I was relieved on the 30th of September. The bonus for the year 2012-13 was given in September 2013 after the salary had been paid. I was given my September salary in October along with an amount as ex-gratia for the same period, i.e., 2012-13. Subsequently, in September 2014, a bonus was declared for 2013-14 and disbursed to all employees on the roll. I have not received the same for the six months I had served in 2013-14, i.e., April 2013 to Sep. 2013. The matter is in the Labour Court.
Regards
From India, Chennai
Regards
From India, Chennai
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