Frequently Asked Questions on Payment of Bonus in India: Act, Eligibility, and Payment

#Introduction

The Payment of Bonus Act, 1965, is a significant piece of legislation in India that mandates the payment of
bonuses to employees based on the profits or productivity of an establishment. This guide addresses common
questions about the Act, eligibility criteria, calculation methods, and payment procedures to help both
employers and employees understand their rights and obligations.

The Payment of Bonus Act, 1965, was enacted to provide a statutory right to employees for receiving a bonus
from their employers. The Act applies to various types of establishments and includes provisions for the
calculation and payment of bonus Of Questions 

1. What is the Payment of Bonus Act, 1965?

The Payment of Bonus Act, 1965, requires certain establishments to pay bonuses to their employees. The Payment of Bonus Questions
is calculated based on the profits or productivity of the organization and is intended to reward employees
for their contributions.

2. Applicability of the Act

The Act applies to:

• 2.1 Factories
• 2.2 Establishments with 20 or more employees: Applies to establishments with 20 or more
  employees on any day during an accounting year.
• 2.3 Employee Salary Limit: Covers employees earning a salary of ₹21,000 or less per
  month (inclusive of basic pay and dearness allowance).

3. Eligibility for Bonus

To be eligible for a bonus under the Act, an employee must:

• 3.1 Employment in Covered Establishments: Be employed in an establishment covered by
  the Act.
• 3.2 Minimum Working Days: Have worked for at least 30 working days in the relevant
  accounting year.
• 3.3 Salary Limit: Earn a salary or wage not exceeding ₹21,000 per month.

4. Calculation of Bonus

The bonus amount is calculated based on the employee’s salary and the organization’s profits. Here are the
key components:

• 4.1 Minimum Bonus: Minimum bonus is 8.33% of the salary or ₹100, whichever is higher.
• 4.2 Maximum Bonus: Maximum bonus is 20% of the salary or wage.
• 4.3 Calculation Formula: Bonus = Salary/Wage x Bonus Percentage
• 4.4 Example: If an employee’s monthly salary is ₹15,000, and the organization declares
  a 10% bonus:
  • 4.4.1 Bonus = ₹15,000 x 10% = ₹1,500

5. Payment Procedure

• 5.1 Timing: The bonus should be paid within eight months from the close of the
  accounting year.
• 5.2 Mode of Payment: Bonus can be paid through bank transfers or by cheque.

6. Compliance and Record Keeping

Employers must maintain specific records and forms to ensure compliance with the Payment of Bonus Act. Key
forms include:

• 6.1 Form A: Computation of the allocable surplus
• 6.2 Form B: Set-on and set-off of the allocable surplus
• 6.3 Form C: Bonus paid to employees
• 6.4 Form D: Annual return of bonus paid

7. Practical Scenarios

• 7.1 Scenario 1: Employee Leaving Mid-Year

  If an employee leaves the organization before the end of the financial year, the bonus is calculated
  on a pro-rata basis. For instance, if an employee worked for six months and the bonus declared is
  10%, the bonus calculation would be based on the six months’ salary.

• 7.2 Scenario 2: Increase in Bonus Percentage After Employee Exit

  If the bonus percentage is increased after an employee has exited, the employer is required to pay
  the difference to the former employee. This must be settled by November 30th of that year.

8. Common FAQs

• 8.1 FAQ 1: What happens if records are not maintained?

  Failure to maintain records as mandated by the Act can lead to non-compliance issues during labor
  inspections.

• 8.2 FAQ 2: How is the allocable surplus determined?

  The allocable surplus is calculated based on the gross profits of the company, after deducting
  certain expenses as specified under the Act.

• 8.3 FAQ 3: Is the bonus payment mandatory for new establishments?

  New establishments are exempt from paying a bonus for the first five years unless they make a profit.

• 8.4 FAQ 4: Can the bonus be paid in installments?

  Yes, the bonus can be paid in installments, but it must be fully paid within the stipulated time
  frame of eight months from the end of the accounting year.

9. Impact of Absenteeism on Bonus Calculation

• 9.1 Scenario 3: Employee with High Absenteeism

  Question: Does absenteeism affect the bonus amount?

  Answer: Yes, absenteeism can affect the bonus amount. If an employee has taken unauthorized leaves or
  has a high level of absenteeism, the number of working days is reduced, which in turn can reduce the
  bonus amount.

• 9.2 Scenario 4: Employee on Maternity Leave

  Question: How does maternity leave impact bonus eligibility?

  Answer: Maternity leave is considered as part of continuous service. Therefore, an employee on
  maternity leave is eligible for a bonus without any reduction in the bonus amount due to the leave
  period.

10. Grievance Redressal Mechanism

Step-by-Step Process for Addressing Bonus Disputes:

• 10.1 Raise the Issue Internally: Employees should first raise their grievances
  regarding bonus payments with the HR department or their immediate supervisor.
• 10.2 Document the Grievance: Keep detailed records of the communication and responses
  received.
• 10.3 Seek Mediation: If the issue is not resolved internally, mediation through an
  employee union or representative can be sought.
• 10.4 Approach the Labour Commissioner: If the dispute remains unresolved, the employee
  can file a complaint with the Labour Commissioner’s office.
• 10.5 Legal Action: As a last resort, employees can approach the labour court for a
  resolution.

11. Recent Amendments and Their Implications

• 11.1 Amendment 1: Change in Salary Threshold

  Update: The salary threshold for eligibility under the Payment of Bonus Act was raised from ₹10,000
  to ₹21,000 per month.

  Impact: This amendment brings more employees under the purview of the Act, increasing the number of
  eligible beneficiaries.

• 11.2 Amendment 2: Increase in Maximum Bonus

  Update: The maximum bonus percentage has been revised periodically to keep up with inflation and
  economic changes.

  Impact: Employers need to be aware of these changes to ensure compliance and proper calculation of
  bonus payments.

12. FAQs and Practical Advice for Employers

• 12.1 FAQ 5: What records must be maintained for compliance?

  Answer: Employers must maintain the following records:

  • 12.1.1 Form A: Computation of the allocable surplus
  • 12.1.2 Form B: Set-on and set-off of the allocable surplus
  • 12.1.3 Form C: Bonus paid to employees
  • 12.1.4 Form D: Annual return of bonus paid

  Practical Advice: Regularly update and audit these records to ensure accuracy and compliance.

• 12.2 FAQ 6: How can small businesses manage bonus payments?

  Answer: Small businesses can manage bonus payments by:

  • 12.2.1 Setting aside a portion of profits throughout the year to cover the bonus payments.
  • 12.2.2 Using HR software to calculate and track bonus liabilities.
  • 12.2.3 Ensuring transparency with employees about the bonus calculation and payment process.

13. Future Trends and Predictions

• 13.1 Trend 1: Digital Transformation

  Trend: Increasing use of digital tools and platforms for managing payroll and bonus calculations.

  Prediction: Adoption of AI and machine learning to automate compliance and optimize bonus
  distribution.

• 13.2 Trend 2: Policy Reforms

  Trend: Ongoing policy reforms aimed at simplifying bonus calculations and improving transparency.

  Prediction: Future reforms may include more stringent penalties for non-compliance and enhanced
  benefits for employees.

• 13.3 Trend 3: Employee Awareness

  Trend: Growing awareness among employees regarding their rights to bonuses.

  Prediction: This will lead to higher compliance rates and more proactive grievance redressal
  mechanisms in organizations.