Hello everyone, Please suggest if a company having the strength of more than 20 employees and still not paying a Statutory bonus even if it is in profit, what can we do being an HR? How can we make management understand to pay bonus? And what are the repercussions of not paying a bonus?
From India, New Delhi

The Payment of Bonus Act applies to establishments employing more than 20 workmen, and the covered workmen are those drawing wages not exceeding Rs. 10,000/- pm. The breach of the provision could lead to penal consequences:
Violation of the liability to pay statutory bonus would entail the penalty of imprisonment for six months or fine of Rs.1000 or both. In case of failure to comply with the directions or requisitions made, then the penalty is imprisonment for six months or may impose fine of Rs.1000 or both.

As regards offences by companies, firms, body corporate or association of individuals, its director, partner or a principal or officer responsible for the conduct of its business, should be deemed to be guilty of that offence, unless the person concerned proves that the crime was committed out of his knowledge or that he exercised all due diligence.
So it has both civil and penal consequences

From India, Mumbai

If the establishment is a factory only 10 employed persons is enough for applicability of Bonus Act. Eligibility threshold for bonus is Rs 21000/ pm not 10000. Varghese Mathew 9961266966
From India, Thiruvananthapuram

Agree with Varghase's above commend and in addition to this if the company is not making profit, a minimum Bonus of 8.33% to be given as bonus as per the Set on /Set off process of allocable surplus mentioned in the Bonus Act, and depends on the profitability working it may increase to 20% of Bonus. Either MW to be considered as minimum salary ceiling or not less than Rs. 7000/-

If the company is not agreeing to pay the bonus, there are statutory authorities can get involved to enforce it.

From India, Pune
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