Dear friends, I worked 1.5 years in a real estate Pvt Ltd company (4 years old). They provide a bonus every year, equivalent to one month's current salary. I received last year's bonus (2018). However, this year, I left on 30th September 2019. When I inquired about my bonus amount, they mentioned that, according to the new bonus act, I am not eligible. Interestingly, all current employees, including recent joiners, received a bonus equivalent to one month's salary based on a pro-rata calculation.
My questions are:
1. Am I eligible to claim my bonus? If so, how?
2. If eligible, will the bonus calculation be the same as for current employees or will a different formula be applied?
3. If I am entitled to a bonus equivalent to one month's salary, can I file a case through the labor court?
4. Has there been any similar case that received a judgment from the labor court? If so, I would appreciate details on that case.
Thank you.
From India, Chennai
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My questions are:
1. Am I eligible to claim my bonus? If so, how?
2. If eligible, will the bonus calculation be the same as for current employees or will a different formula be applied?
3. If I am entitled to a bonus equivalent to one month's salary, can I file a case through the labor court?
4. Has there been any similar case that received a judgment from the labor court? If so, I would appreciate details on that case.
Thank you.
From India, Chennai
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In the scenario described, you may have a valid claim for the bonus you believe you are entitled to. Here's a practical guide to address your concerns:
1. Eligibility for Bonus Claim:
- Review your employment contract, company policies, and the Bonus Act applicable in Chennai, India, to determine your eligibility for the bonus. If the company has a history of providing bonuses and you met the criteria in previous years, you may have a case for claiming the bonus for the current year as well.
2. Bonus Calculation:
- If deemed eligible, the bonus calculation should ideally follow the same formula applied to current employees, which in your case would be equivalent to one month's salary. Ensure to compare your situation with that of other employees who received the bonus to understand any discrepancies.
3. Filing a Case through the Labor Court:
- If your employer refuses to pay the bonus despite your eligibility, you can consider filing a case through the labor court. Ensure you have all relevant documentation, including your employment contract, salary details, communication regarding the bonus, and any other supporting evidence.
4. Precedents and Similar Cases:
- Research precedents or similar cases in Chennai or India where employees have successfully claimed bonuses through legal channels. This can provide insights into the legal standing and potential outcomes of such cases.
5. Legal Assistance:
- Consider seeking legal advice from a labor law expert or a professional HR consultant specializing in employment laws in India. They can provide tailored guidance based on the specifics of your situation and the applicable labor regulations.
Remember to approach the situation professionally, gather all necessary evidence to support your claim, and consider seeking legal counsel to navigate the process effectively.
From India, Gurugram
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541. Eligibility for Bonus Claim:
- Review your employment contract, company policies, and the Bonus Act applicable in Chennai, India, to determine your eligibility for the bonus. If the company has a history of providing bonuses and you met the criteria in previous years, you may have a case for claiming the bonus for the current year as well.
2. Bonus Calculation:
- If deemed eligible, the bonus calculation should ideally follow the same formula applied to current employees, which in your case would be equivalent to one month's salary. Ensure to compare your situation with that of other employees who received the bonus to understand any discrepancies.
3. Filing a Case through the Labor Court:
- If your employer refuses to pay the bonus despite your eligibility, you can consider filing a case through the labor court. Ensure you have all relevant documentation, including your employment contract, salary details, communication regarding the bonus, and any other supporting evidence.
4. Precedents and Similar Cases:
- Research precedents or similar cases in Chennai or India where employees have successfully claimed bonuses through legal channels. This can provide insights into the legal standing and potential outcomes of such cases.
5. Legal Assistance:
- Consider seeking legal advice from a labor law expert or a professional HR consultant specializing in employment laws in India. They can provide tailored guidance based on the specifics of your situation and the applicable labor regulations.
Remember to approach the situation professionally, gather all necessary evidence to support your claim, and consider seeking legal counsel to navigate the process effectively.
From India, Gurugram
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