Statutory bonus at 8.33% of basic pay is being paid by IDBI bank to the contractors on monthly basis as part of their monthly claims. The contractor is expected to disburse the amount due from April 22 to march 23 during deepavali festival in November 2023. One contractor has not parted with bonus amount in respect of three employees whose services have since been shifted to a new contractor. Can the group employees raise claim under payment of wages act 1936 since definition of wages includes (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name). If not what is the procedure for claiming the statutory bonus amount in the samadhan portal. Are we to file a complaint or raise it as dispute through samadhan portal. Kindly guide. K. Sathyanarayanan IDBI Bank Contract Employees Union, Chennai
From India, Madras
From India, Madras
In the absence of any provision in the Payment of Gratuity Act for raising a dispute for non payment of bonus, you can raise it as an industrial dispute. You can file a complaint directly with the appropriate authority, rather than filing it through the online portal. The conciliation should also focus on the genuinity of the contract also because changing the contractor but keeping the employees is one of the examples of sham contract which will always point the finger against the principal employer.
From India, Kannur
4193From India, Kannur
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