Bonus From Previous Employer....

Dear sir,
I am Pradeep Jadhav, presently working in "Khandelwal Laboratories Pfft. Ltd., Mumbai. Sir, i want some guidelines from u. I was Worked in "Dosch Pharma Pvt. Ltd, Mumbai from 1st Jan. 2005 to 31st June 2006. But for my better prospects i resigned from the same from 1st July 2006 with given prior notice. In the month of Oct 05, i got my bonus of 3 months from 1st Jan 2005 to 31st mar 2005. I have resigned from the same organization with the condition followed by the company. But till date co. not reimburse my bonus amount from 1st april 2005 to 31at march 2006. Many times i have remind to the HR Manager, Commercial Manager & General Manager regarding the same. But they said that we have not pay bonus to the ex- Employees. They also said that we had not mentioned condition of bonus in your appointment letter.
I request to you Please guide me regarding the same.

Hi,

If you have worked in the financial year 2005/2006 even for 30 days and if you are covered by the definition of an Employee under the act, then the company has to pay you the bonus for the period you have been employed in the year 2005/2006.

There is NO need to mention anything in the Letter of Appointment nor is any promise required to be made by the company. The Payment of Bonus Act 1965 is CLEAR and the company must pay.

The company has 240 days from the close of the financial year to declare and the Bonus. Many companies declare and pay the Bonus around Dasserah/Diwali. Non-payment of bonus to ex-employees/left employees is BLATANTLY WRONG if any of them has worked for more than 30 days during the concerned financial year.

Since you are a HR person, you may draft a suitable letter and send it to the company by Registered Post-Ack. Due and await their response. You must cite relevant provisions of the act in the letter. If you need help in drafting the said letter, please contact!

Relax, if you are entitled, the company can not avoid paying you the Bonus. It would your rightful due!

Cheers & Regards

samvedan

June 18, 2007

What was your monthly salary?
What was the manpower employed in the company?
Whether the company was 'Covered' under the provisions of The Payment of Bonus Act?
The Payment of 'Statutory' bonus is compulsory and NOT at the descrition of the employer. If you have workrd more than 30 days in the accounting year, you are certainly entitled to receive Bonus for that accounting year at the same rate at which the same is paid to present employees.
The Payment of Bonus Act does not make any difference between present employee and ex-employee to the extent of % of bonus.