For payment of Bonus - Should we consider the actual number of days worked or the number of days paid for considering 30 days.
Secondly, if an employee has worked and paid only 28 days in the year but he is an active employee in the year bonus is paid, should we consider him for a bonus payment.
From India, Bengaluru
Acknowledge(0)
Amend(0)
Secondly, if an employee has worked and paid only 28 days in the year but he is an active employee in the year bonus is paid, should we consider him for a bonus payment.
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Mr. Mohan, For gratuity eligibility one has to work minimum 30 paid days in a year. Regards
From India, Bengaluru
Acknowledge(0)Amend(0)
5From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Mohan,
Please refer to sec. 8 of the Payment of Bonus Act, 1965. According to the provisions of this section, an employee should have worked for a minimum of 30 working days in an accounting year to be eligible to receive statutory bonus for that year.
From India, Salem
Acknowledge(0)Amend(0)
Please refer to sec. 8 of the Payment of Bonus Act, 1965. According to the provisions of this section, an employee should have worked for a minimum of 30 working days in an accounting year to be eligible to receive statutory bonus for that year.
From India, Salem
Acknowledge(0)Amend(0)
Dear Colleague,
As per the provisions of the Payment of Bonus Act 1965, the number of working days to arrive at 30 days (Section 8) is such that an employee shall be deemed to have worked in an establishment in any accounting year on the actual working days, including days on which the employee was laid off, was on leave with salary or wages, was absent due to employment injury, and was on maternity leave (Section 14).
Payment of Bonus Act 1965
8. Eligibility for bonus - Every employee shall be entitled to be paid by his employer in an accounting year, a bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year.
14. Computation of the number of working days - For the purposes of Section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which:
(a) he has been laid off under an agreement or as permitted by standing orders under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment;
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by an accident arising out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wage during the accounting year.
"Working days" include days of leave, lay-off, etc.
All the Best, God Bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Acknowledge(0)Amend(0)
As per the provisions of the Payment of Bonus Act 1965, the number of working days to arrive at 30 days (Section 8) is such that an employee shall be deemed to have worked in an establishment in any accounting year on the actual working days, including days on which the employee was laid off, was on leave with salary or wages, was absent due to employment injury, and was on maternity leave (Section 14).
Payment of Bonus Act 1965
8. Eligibility for bonus - Every employee shall be entitled to be paid by his employer in an accounting year, a bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year.
14. Computation of the number of working days - For the purposes of Section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which:
(a) he has been laid off under an agreement or as permitted by standing orders under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment;
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by an accident arising out of and in the course of his employment; and
(d) the employee has been on maternity leave with salary or wage during the accounting year.
"Working days" include days of leave, lay-off, etc.
All the Best, God Bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Acknowledge(0)Amend(0)
Dear All,
On the bonus issue, the veteran Mr. M. Umakanthan clearly clarified, and indirectly backed up by Dr. P. Sivakumar, that 30 working days in the accounting year are a must. This means:
a. 30 working days imply payment of wages for 30 days;
b. on leave of any kind/nature with payment - a total of 30 days (leave with wages + actual worked days).
The Payment of Bonus Act is unambiguous.
Thanks
From India, Thane
Acknowledge(0)Amend(0)
On the bonus issue, the veteran Mr. M. Umakanthan clearly clarified, and indirectly backed up by Dr. P. Sivakumar, that 30 working days in the accounting year are a must. This means:
a. 30 working days imply payment of wages for 30 days;
b. on leave of any kind/nature with payment - a total of 30 days (leave with wages + actual worked days).
The Payment of Bonus Act is unambiguous.
Thanks
From India, Thane
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Amendment to Payment of Bonus Act 2015.jpg
Bigger bonuses for more as Lok Sabha amends Payment of Bonus Act - The Economic Times.pdf
THE PAYMENT OF BONUS ACT.doc