Please Help: LAW (PCC)
Posted Date : 08-Sep-2011 , 05:27:29 pm | Posted By: VENU GOPAL
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“The Payment of Bonus Act-1965"
Q1: Assume that in establishment more than 20 workers are worked and all worker work more the 30 day in accounting year. All the worker’s salary/wages more than Rs.10,000 . here employer liable to pay bonus under the act or not ? and which amount employer give the bonus which salary received by the employee or Rs.10,000?
Q2: u/s 31A if production or productively bonus is more the 20% of the salary/wages. Then at which % employer liable to pay bonus? Which calculate under the u/s 31A or 20% as per sec. 11
Q3: if there is a casual worker or contractor worker or any temporary worker work in establishment or in a factory more the 30 days than employer is liable to pay bonus under this act or not ?
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Answers:
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 Answer by: Ashish Karundia |
| Dear Venu,
Every employee of an establishment is entitled to Bonus in an accounting year provided he has worked for at least 30 days on a salary/wage not exceeding Rs. 10,000. Here, as you have said that the salary/wage is more than, the employee would not be eligible for bonus. [ Refer section 2(13) read with section 8]
However, assuming that the salary/wage is up to Rs. 10,0000, the employee would have been eligible for Bonus. Further, the amount on which bonus will be calculated is Rs. 3,500 even if the employee receives salary/wage up to Rs. 10,000. [ Refer section 12]
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| Answer by: Ashish Karundia |
| Dear Venu/Miss Baldeep Monga,
Here the employer will be liable to pay bonus at 20% even if the productivity exceeds 20% [ Refer second proviso to section 31A]. Further, here the employer is liable to pay u/s 31A because when the employee enters in to an agreement then the applicable Section is 31A. In this regard you can see that the Section begins with Non-obstante clause i.e. Notwithstanding clause
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| Answer by: Ashish Karundia |
| Dear Venu/Miss Baldeep Monga,
A casual worker/temporary worker is entitled to bonus on the basis of number of days worked by him. However, a contractor worker would not be entitled for bonus, if employed through contractor on building operations [ Refer Section 32(v) for contract worker].
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| Answer by: Ashish Karundia |
| Dear Venu/Miss Baldeep Monga,
I hope all your queries are answered. Please let me know if any other issues are there.
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| Answer by: Ashish Karundia |
| Dear Venu,
The Bounus has to be calculated on Rs. 3,500 evein if the salary or wages is more than 3,500 but up to Rs. 10000 [ Refer Section 12 of Payment of Bonus Act}
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| Comments |
| Posted By : VENU GOPAL |
29-Sep-2011, 02:10:26 |
| plz tell me there is any change in payment of gratuity act for NOV.2011 exams |
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| Posted By : VENU GOPAL |
13-Sep-2011, 12:51:23 |
| what is the concept of salary or wages 10000 or 3500/- ??
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| Posted By : Ashish Karundia |
08-Sep-2011, 09:30:20 |
| Dear Venu,
Here the employer will be liable to pay bonus at 20% even if the productivity exceeds 20% [ Refer second proviso to section 31A].
Further, here the employer is liable to pay u/s 31A because when the employee enters in to an agreement then the applicable Section is 31A. In this regard you can see that the Section begins with Non-obstante clause i.e. Notwithstanding clause. |
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| Posted By : Miss Baldeep Monga |
08-Sep-2011, 08:18:18 |
| plzzzz ans this query i also want 2 know it. |
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| Posted By : VENU GOPAL |
08-Sep-2011, 05:36:30 |
| PLZ SOLVE MY QUERIES |
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