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An Article on the Payment Bonus Act,1965.

      An Article on the Payment of Bonus Act, 1965

                          By S K Gupta, Advocate, Supreme Court, Delhi

                                   Email: skpfdelhi@gmail.com

                                                   www.makeinindialawfirm.com 

What is Bonus?

Bonus is the extra payment given to employees in addition to their salary. The purpose of bonus is to motivate the employees. From the enactment of Bonus Act, 1965, bonus has become mandatory obligations for all establishments to whom it is applicable. The act has set two limits for bonus payment, one is minimum bonus and other is maximum bonus.

To whom Bonus is applicable?

The payment of bonus act extends to the whole of India. The Provisions of this Act, 1965 shall apply to the following factories/ establishments:-

·         The factory defined in clause (m) of section 2 of the Factories Act, 1948.

·         Every other establishment in which 20 or more persons are employed on any day during an accounting year.

·         The Act to also apply to public sectors in certain cases. If in any accounting year an establishment in public sector sells any goods produce or manufacture by it or render any services in competition with an establishment in private sector and the income such sale or services or both is not less than 20% of the gross income of the establishment in private sector for that year then the provision of such Act shall apply to such establishment in public sector. Otherwise nothing in this Act shall apply to employees employed by any establishment in public sector.

  In brief:

·         The payment of Bonus Act, 1965 applies to the person employed in every factory and establishment employing not less than 20 persons on any day during an accounting year.  The establishment covered under the provisions of Act, 1965 shall continue to pay bonus even if the number of employees falls below 20, and such establishment has to continue to pay bonus o their employees. 

Exempted Establishment ( Section 32)

The Act will not apply to following classes of employees:

·         Employees of LIC

·         Seamen as defined in clause 42 of section of the merchant shipping act 1958

·         Employees registered or listed under any scheme made under the dock workers Act 1948, and employed by the registered or listed employers.

·         Employees of any industry controlled by central or state government or a local authority.

·         Employees of Indian red cross society or university/education institutions, institutions not for the purpose of profit.

·         Employees employed through contractor on building operations

·         Employee of RBI

·         Employees of IFCI, any financial corporation under section 3 or 3a of the state financial corporation act 1951, deposit insurance corporation, agriculture refinance corporation, UTI, IDBI or any financial institution being any establishment in public sector which central government notifies in official gazette with regard to its capital structure its objects, its extent of financial assistance any other relevant factor.

·         Employees of inland water transport establishment operating on routes passing through any other country.

Is there any benefit to new establishments?

For the first 5 accounting year following the accounting year in which the employers sells goods/render services, bonus is payable only in respect of the accounting year, in which profit is made.

Which employee is eligible for Bonus?

An employee, who

·         Completes 30 days in that year as per section 8.

·          is drawing Basic Salary and DA of Rs. 21000 or below per month.

·         An apprentice is not eligible for bonus.

How bonus is calculated?

According to latest notification of 2015, the bonus ceiling is now raised to Rs. 21,000. Accordingly, the calculation ceiling has also been raised from Rs. 3,500 to Rs. 7,000.

This means all employees whose salary is less than Rs. 21,000 per month fall under the criteria of bonus. If the salary of an employee exceeds Rs. 7,000, then bonus should be calculated on Rs. 7,000 only or minimum wages of that State whichever is higher.  If the salary of an employee is less than Rs. 7,000, then the bonus is to be calculated on the actual amount.

The bonus calculation is Rs. 7,000 or the minimum wages as specified by the government, whichever is higher.

Minimum & Maximum Bonus

  • An employee has to have worked for at least 30 days in that company.
  • According to the Bonus Act, 1965 a minimum of 8.33% up to 20% of his basic (earned) wages is to be paid to the employee.

S No

Salary Scenario

 

[ Salary = Monthly Gross Salary ( including DA ) minus Other allowances ]

 

Actual Salary (e.g)

( To calculate bonus for…. )

1

More than minimum wage

Less than Rs 7000

Minimum Wage less than Rs 7000

6500

Actual salary, ie., 6500

2

More than minimum wage

More than 7000

Minimum Wage more than 7000

9000

Minimum Wage

3

More than minimum wage

More than 7000

Minimum Wage less than 7000

20000

7000

4

More than minimum wage

Equal to 7000

Minimum Wage less than 7000

7000

Actual salary, ie., 7000

5

Less than minimum wage

Less than 7000

Minimum Wage less than 7000

5000

Actual salary, ie., 5000

6

Less than minimum wage

Less than 7000

Minimum Wage more than 7000

6000

Actual salary, ie., 6000

7

Less than minimum wage

Equal to 7000

Minimum Wage more than 7000

7000

Actual salary, ie., 7000

8

Less than minimum wage

More than 7000

Minimum Wage more than 7000

7500

Actual salary, ie., 7500

9

Equal to Minimum wage

Less than 7000

Minimum Wage less than 7000

6000

Actual salary, ie., 6000

10

Equal to minimum wage

Equal to 7000

Minimum Wage equal to 7000

7000

Actual salary, ie., 7000

11

Equal to minimum wage

More than 7000

Minimum Wage more than 7000

8000

Minimum Wage, ie., 8000

12

Minimum wage not fixed

Less than 7000

6000

Actual salary, ie., 6000

13

Minimum wage not fixed

More than 7000

18000

7000

14

Minimum Wage not fixed

Equal to 7000

7000

Actual salary, ie., 7000

15

More than minimum wage

More than 7000

Exceeding 21000

>21000

Not eligible

Period of payment  

Bonus is to be paid within 8 months of closing the book of accounts.

 

Definition of wages under the Bonus Act, 1965

The definition of term salary in its exclusion clause say "(i) any other allowance which the employee is for the time being entitled to"



It is necessary to understand as to what are those allowances which the employee is for the time being entitled to.  All the temporary allowances i.e. such allowances paid to employee for time being are excluded from term ‘salary or wage’ and thus not to be considered while calculation of Bonus, but the allowances which are permanent in nature and are attached to the post and are not payable for time being, are within the scope of main part of the definition of salary or wage occurring in section 2(21) of the Act, hence they shall form part of salary or wage and thus Bonus is to be calculated on these amount/allowances also.

 

The Hon’ble Supreme Court in case of “S. Krishnamurthy vs. The Presiding Officer, Central Government Labour Court, 1986(1) LLJ 133 = 1986(1) LLN 710, decided on 13 August, 1985, while considering whether ‘City Compensatory Allowance” is to be treated as part of wages within the meaning of section 2(21) of the Act, remarked that “The allowance was one attached to the post and there was therefore no question of the allowance being payable for the time being only “and finally held that “The employees will be paid the bonus to which they are entitled after taking into account the City Compensatory Allowance….”.

 

Madras High Court also set principle that City compensatory allowance is also wages or salary as defined under Section 2(21) of the Act,1965. ( Jeeva Transport Corp Ltd. Vs. PO , LC ,)

 

In the matter Bhagaband Collery Vs.  Their Workmen also further defined wages and salary under the Payment of Bonus Act,1965.

 

Hence, it is crystal clear that the allowances which are permanent in nature and are attached to the post and are being paid in terms of the employment are within the scope of main part of definition of salary or wage and is to be considered while calculating the bonus under the Act.

 

Calculations of Available/Allocable Surplus

As per the bonus Act, 1965, first we need to calculate available/Allocable Surplus Based on particular Financial Year of any establishment /company in Form A & Form B (given in the Bonus Act)

Calculation: Available Surplus =Net Profit-Direct/Indirect Tax payable by the employer Tax Payable. Allocable Surplus=60% of Available Surplus, in case of Foreign Companies its 67% of Available Surplus.

For calculating amount of bonus in respect of Accounting Year Allocable Surplus is computed after considering the amount of Set ON & Set OFF from the previous FY The amount so computed from Allocable Surplus is disbursed in proportionate to Wages/Salaries received by them during Accounting Year .

Statutory Return:   Form A, B & C   has to be submitted to the Labour Office.

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