Can we calculate "Statutory Bonus" on pro rata basis?

Can we calculate "Statutory Bonus" on pro rata basis?
Suppose employee is on leave and it is showing as Leave Without Pay is for 5 days, in that case how do we calculate his St. Bonus?

In India, the Payment of Bonus Act, 1965 governs the payment of statutory bonus to eligible employees. The bonus is usually calculated based on the allocable surplus and the specified formula outlined in the Act. When it comes to situations involving leave without pay (LWP), the calculation of statutory bonus can vary depending on the specific circumstances and company policies. Here's some general guidance:

1. Basic Principles:

Qualification: To be eligible for statutory bonus, an employee typically needs to have worked for at least 30 working days in a financial year for the same employer.

Allocable Surplus: The allocable surplus is determined based on the company's financials, and a percentage of this surplus is allocated for bonus payments.

2. Impact of Leave Without Pay:
If an employee is on Leave Without Pay for a certain number of days within the financial year, the calculation of statutory bonus might be affected. Generally, if an employee is not in active service for the entire financial year due to unpaid leaves, the bonus calculation might need to be adjusted pro rata based on the actual days worked.

3. Example Calculation:

Let's assume the allocable surplus is calculated and the bonus percentage is determined according to the Act. If an employee is on Leave Without Pay for 5 days out of the total working days in the financial year, you might calculate the bonus as follows:

Calculate the pro rata bonus amount based on the actual days worked:

Pro Rata Bonus = (Total Actual Days Worked / Total Working Days in the Financial Year) * Bonus Amount as per Formula

For instance, if the employee worked for 360 days out of a 365-day financial year, you would calculate the bonus based on the 360 days worked.

4. Company Policies:
It's important to note that each company may have its own policies and practices for calculating statutory bonus in cases of Leave Without Pay. Some companies might consider unpaid leaves as part of the active service, while others may adjust the bonus calculation based on actual days worked. It's crucial to align with the company's policies and ensure compliance with the Payment of Bonus Act.

5. Consultation:
Given the complexity of bonus calculations and compliance requirements, it's advisable to consult with a legal expert or a financial consultant who specializes in labor laws to ensure accurate calculations and adherence to legal guidelines.

Yes. If at all there is any LOP then shall be calculated on Pro-rata only

Yes, statutory bonus can be calculated on a pro rata basis. The formula for calculating pro rata statutory bonus is as follows:

Pro rata statutory bonus = (Number of days worked / 365) * Annual statutory bonus
For example, let's say an employee's annual statutory bonus is Rs. 7,000 and they have been on leave without pay for 5 days. The number of days they have worked is 365 - 5 = 360. Their pro rata statutory bonus would be:

(360 / 365) * 7,000 = Rs. 6,923.08
In the case of leave without pay, the days of leave are not counted as days worked. So, the employee's pro rata statutory bonus will be reduced by the number of days they were on leave without pay.

Here is a table that summarizes the calculation of pro rata statutory bonus for an employee who has been on leave without pay for 5 days:

| Annual statutory bonus | Rs. 7,000 |
| Number of days of leave without pay | 5 |
| Number of days worked | 365 - 5 = 360 |
| Pro rata statutory bonus | (360 / 365) * 7,000 = Rs. 6,923.08 |

I hope this helps!

Statutory Bonus should be calculated on pro-rata basis in case of LWP. It has nothing to do with organization's policy.

Allocable surplus is determined from Available surplus certain % . Available surplus is determined from Gross Profit under P & L Account by finance/accounts department. After obtaining allocable surplus, Set On and Set Off amount have to be considered to arrive at final bonus disbursement amount.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
www.usdhrs.in

You can calculate statutory Bonus on pro-rata basis.

I am grateful to all the experienced HR professionals in the HR Forum for their valuable insights and prompt responses, which helped me find a solution to my doubt. Thank you all for your support and guidance.