Calculation of the Bonus Amount

1. Basic Salary + DA < 7,000, then in such cases,

Bonus Payable = (Basic Salary + DA) * Amount %, either 8.33% (establishment is supposed to give even in case of deficit) or could go up to 20%

2. Basic Salary + DA > 7000, then in such cases,

Bonus Payable = ₹7000, % either 8.33% (establishment is supposed to give even in case of deficit) or could go up to 20%

Statutory Compliance on the part of the Employer

Considering the given act, there are certain compliances on the part of employers that they are obliged to follow, such as:

  • The amount of Bonus shall be paid within 8 months by the employer, from the end of the accounting year in cash.
  • The employer shall prepare different registers, such as: Register having the entire computation of allocable surplus (Form A), Register showing set-on and set-off (Form B). Register containing details such as bonus payable, deductions to be made, amount disbursed (Form C).
  • Employer must upload on or before 1st February every year the details of annual returns in Form D, on the portal of the Ministry of Labour and Employment.
  • Annual return is supposed to be filed in Form D by every employer to the inspector on or before 1st February every year.
  • In case of disputes related to bonuses, the amount shall be paid within one month from the date the award passed becomes enforceable.

Payment of Bonus Act, 1965 : Applicability, Calculation, Offences and Penalties

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Payment of Bonus Act, 1965

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The matter of bonuses is a subject of considerable controversy within the realm of industrial relations. Before 1965, up to the enactment of the Payment of Bonus Act, 1965, the entitlement to a bonus was not established through statutory provisions but rather through judicial decisions. The lack of a clear legislative definition for the term “Bonus” contributed significantly to the complexities surrounding this issue, and this deficiency persisted even after the enactment of the Bonus Act. In light of these complexities, this article aims to provide an overview of the evolving nature of the term “Bonus” over the years and its current definition as outlined in the Payment of Bonus Act, 1965....

Applicability of the Act

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Calculation of the Bonus Amount

1. Basic Salary + DA < 7,000, then in such cases,...

Offences and Penalties under the Act

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Conclusion

Payment of Bonus Act, 1965 legally seeks to regularise the practice of paying bonuses by different establishments. It paves a way to calculate the bonus based on profit and productivity. It enables the employees to earn more than the minimum wage or salary. Hence, the act provides different procedures for different establishments like banking companies, public organisations and establishments, which are not a company or a corporation....

Payment of Bonus Act, 1965- FAQs

When is the employee considered to be working under the Act?...