As per my appointment letter, the bonus is part of the CTC. After the completion of 1 year, the company gave ex-gratia on Diwali.
Query Regarding Ex-Gratia Payment
I resigned and gave notice to the company. My last working day was 31st Oct. 2012. The company gave ex-gratia on 10th Nov. 2012, on Diwali. However, the company did not pay me the ex-gratia, and the reason behind that is I have left the company.
Kindly advise if I can legally fight with the company to get the ex-gratia.
Thanks
From India, Mumbai
Acknowledge(0)
Amend(0)
Query Regarding Ex-Gratia Payment
I resigned and gave notice to the company. My last working day was 31st Oct. 2012. The company gave ex-gratia on 10th Nov. 2012, on Diwali. However, the company did not pay me the ex-gratia, and the reason behind that is I have left the company.
Kindly advise if I can legally fight with the company to get the ex-gratia.
Thanks
From India, Mumbai
Acknowledge(0)Amend(0)
First of all, kindly put your query in order. What was your date of joining, or did you serve the company for a minimum of 30 days in a financial year? If yes, then you are eligible for a bonus amount. Also, please mention if the bonus has been paid to you during your full 'n' final settlement. Again, if yes, you are NOT entitled to this ex-gratia amount.
I don't understand your inclination towards going LEGAL for such a thing! Are you aware of the repercussions?
From India, Ahmedabad
Acknowledge(0)Amend(0)
207I don't understand your inclination towards going LEGAL for such a thing! Are you aware of the repercussions?
From India, Ahmedabad
Acknowledge(0)Amend(0)
Dear Hiral, thanks for your reply and apologies for being unclear. My date of joining was 5th September 2011, and I have completed 14 months in the company. In my full and final settlement, I received only my salary. They didn't mention:
• PL encashment
• Ex-gratia
• LTA
My basic salary was 18,000, and the gross was 30,000/-. They denied paying anything I mentioned above. If I file a case to get PL encashment, Ex-gratia, and LTA, please advise.
Regards.
From India, Mumbai
Acknowledge(0)Amend(0)
• PL encashment
• Ex-gratia
• LTA
My basic salary was 18,000, and the gross was 30,000/-. They denied paying anything I mentioned above. If I file a case to get PL encashment, Ex-gratia, and LTA, please advise.
Regards.
From India, Mumbai
Acknowledge(0)Amend(0)
No, you cant take any legal action for Ex-gratia as it is not the legal right of employee.
From India, Kota
Acknowledge(0)Amend(0)
From India, Kota
Acknowledge(0)Amend(0)
since your are getting basic >10000, you are not entitled for bonus. Ex gratia is optional and company cant be forced to make the payment of same.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
In both cases, the company's stance of not paying is correct. The Bonus Act protects the interest of people who draw a salary below Rs. 10,000. Ex gratia is at the discretion of the company unless it is clearly mentioned in the service conditions. The same is the case in respect of unavailed privilege leave. Unless it is specifically mentioned that the unavailed leave can be encashed, there is no scope for a dispute.
From India, Cochin
Acknowledge(0)Amend(0)
From India, Cochin
Acknowledge(0)Amend(0)
Since the bonus you are talking about is not the one falling under the Payment of Bonus Act, your claim to ex gratia depends upon the terms of eligibility under your contract or company's policy. Go through them. Probably you will find an answer.
Regards,
B. Saikumar Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
Regards,
B. Saikumar Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Amendment to Payment of Bonus Act 2015.jpg
Dispciplinary Action.doc
Bonus act amendment gazette copy.pdf