Dear All Seniors,
i have some problems which is most important for me.
first is related to overtime and second is related to bonus.
regarding overtime my question is how will calculate the overtime by 26 or any month day. pl. i want government order regarding this.
and in bonus my question is this, if any company had paid the bonus to his employee in last year and now company is not in profit then can company is not liable for bonus against this year.
sir its urgent. pl.
Malik Sir,
pl. give me guidline regarding both matters.
From India, Rudarpur
69i have some problems which is most important for me.
first is related to overtime and second is related to bonus.
regarding overtime my question is how will calculate the overtime by 26 or any month day. pl. i want government order regarding this.
and in bonus my question is this, if any company had paid the bonus to his employee in last year and now company is not in profit then can company is not liable for bonus against this year.
sir its urgent. pl.
Malik Sir,
pl. give me guidline regarding both matters.
From India, Rudarpur
Overtime can be calculated on the average salary per hour arrived at either by dividing the monthly salary by 30 or by 26. There is no specific guideline in this regard as in the case of gratuity calculation. In a recent case (Management of Tansi Ltd Vs Presiding Officer, Labour Court) the Madras High Court has given a verdict that for retrenchment and purposes other than gratuity calculation the cocept of 26 as divisor is not applicable. The "other purposes" implies that unless otherwise provided overtime shall be calculated on the daily/ hourly rate of salary arrived at after dividing the monthly salary by 30 and not by 26. However, if the certified standing orders of the company allows you can have 26 as divisor.
Since the infancy protection period is over the company has to give minimum statutory bonus of 8.33% even if it is under loss because bonus is regarded as deferred salary.
Regards,
Madhu.T.K
From India, Kannur
Since the infancy protection period is over the company has to give minimum statutory bonus of 8.33% even if it is under loss because bonus is regarded as deferred salary.
Regards,
Madhu.T.K
From India, Kannur
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