Hi! Are apprentices eligible for Bonus as per the payment of Bonus Act? Regards Amit
From India, New Delhi
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4From India, New Delhi
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Apprentices registered under the Apprentices Act, are in the organisation only for on the job training. They are not entitled to bonus. Regards P.Arun Kumar
From India, Bangalore
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From India, Bangalore
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Hi there! Apprentices are not covered under any labour laws except Workmen Compensation Act. Please correct me if I am wrong. - Hiten
From India, New Delhi
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From India, New Delhi
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Dear Hiten, Apprentices are covered by Apprentices Act, 1961. They are also covered by ID Act. Rest no act is applicable to them. Regards, Nilendra
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Dear All,
The definition of an employee in the Bonus Act is as follows:
13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical, or clerical work for hire or reward, whether the terms of employment are express or implied.
So, apprentices are outside the definition itself.
With Regards,
V. Sounder Rajan
VS Rajan Associates, Advocates & Notaries
No.27, 1st Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
Email: rajanassociates@eth.net
Office: 044-42620864, 044-65874684
Mobile: 98401 42164.
From India, Madras
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The definition of an employee in the Bonus Act is as follows:
13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical, or clerical work for hire or reward, whether the terms of employment are express or implied.
So, apprentices are outside the definition itself.
With Regards,
V. Sounder Rajan
VS Rajan Associates, Advocates & Notaries
No.27, 1st Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
Email: rajanassociates@eth.net
Office: 044-42620864, 044-65874684
Mobile: 98401 42164.
From India, Madras
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If the trainees are summer interns, then they are not eligible for a bonus. If they are recruits of the company and PF is deducted from their salary/stipend, and their salary/stipend is less than or equal to 10,000, then they are eligible for a bonus if they have served for 30 days in the fiscal year.
Regards,
Nilendra
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Regards,
Nilendra
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Nilendra is right.
The basic conditions for ascertaining whether a trainee is covered under the Payment of Bonus are as follows:
a) The trainee should be on the rolls of the Company.
b) The stipend should be less than Rs. 10,000 per month.
c) The trainee should have worked for at least 30 days in the financial year for which the bonus is being paid.
d) Normally, some companies pay a bonus to trainees under the heading of "Special payments" and do not call it a Bonus.
e) Also, some companies follow the rule of mentioning in the notice/letter that payment of bonus/special payment to trainees does not imply that any permanent status is being given to them in the company.
Regards,
P. Arun Kumar
From India, Bangalore
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The basic conditions for ascertaining whether a trainee is covered under the Payment of Bonus are as follows:
a) The trainee should be on the rolls of the Company.
b) The stipend should be less than Rs. 10,000 per month.
c) The trainee should have worked for at least 30 days in the financial year for which the bonus is being paid.
d) Normally, some companies pay a bonus to trainees under the heading of "Special payments" and do not call it a Bonus.
e) Also, some companies follow the rule of mentioning in the notice/letter that payment of bonus/special payment to trainees does not imply that any permanent status is being given to them in the company.
Regards,
P. Arun Kumar
From India, Bangalore
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Apprentices under the Apprentices Act are not eligible for a bonus as they are not considered workmen under the Payment of Bonus Act. However, for this, the contract of apprenticeship has to be registered. In the absence of this registration, the status of the apprentice can be subject to dispute.
Regards,
Ranjit J. Pandya
From India, Ahmadabad
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Regards,
Ranjit J. Pandya
From India, Ahmadabad
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Hi Nilendra,
Any trainee hired under the Apprentice Act is not eligible for Bonus, PF, ESI, etc. If PF is calculated in the case of a trainee/summer trainee, it is based on their basic salary. Bonus is calculated based on the PF basic.
Regards,
Amit
From India, New Delhi
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Any trainee hired under the Apprentice Act is not eligible for Bonus, PF, ESI, etc. If PF is calculated in the case of a trainee/summer trainee, it is based on their basic salary. Bonus is calculated based on the PF basic.
Regards,
Amit
From India, New Delhi
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