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Payment of Bonus Act - consider total of Basic + DA or Gross salary? - CiteHR

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Sangeeta Tripathi
2

I want to know that in payment of bonus act mention that the ceiling amount is 21000/- so we will consider this is total of Basic + DA or Gross salary.
From India, Pune
Rahul Chhabra
152

Dear sangeeta, As per PoBA 165, one earning a basic (+da) of below INR 21,000 is eligible to get statutory bonus. Regards Rahul
From India, Delhi
Pan Singh Dangwal
223

Dear Sangeeta,
The PF, ESI, Gratuity & Bonus etc. are such topics which frequently asked and discussed in the forum. Before you raise any pls first make search on the matter. So that you will get some basic idea and if even after your query not resolved. Than you can raise more specific query.
Few days back this topic was asked by Mr Hari Parsad wherein I have given detailed explanation (duly showing the Act abstract).
https://www.citehr.com/602832-if-per...-21-000-a.html
Dear Mr Rahul,
Before making any expert comment, pls go through the Act, or seek some senior advice. In the referred thread also we had contradicting statement.
If you have any reference in support of your statement, pls share the same, so that fellow member can note for all future reference.
I seek expert advise from Mr. Umakanthan, Mr Madhu, Mr Natharao, Mr Korgaonkar and other senior members.
Pls put more light on the matter.

From India, Delhi
Rahul Chhabra
152

Dear Pan Singh Ji,
My profuse apologies for making a comment without a thorough understanding of the act. Please enlighten us on what other component is considered as wages besides basic+DA while considering the eligibility for bonus. For sure any other allowance, reimbursements, incentives and retirals are not considered as wages.
Regards
Rahul

From India, Delhi
Pan Singh Dangwal
223

Dear Mr Rahul,
First of all there is no need of being apologies, I am sorry if I was little rude or firm related to my point. My main intention was to give suggestion which is applicable as per law. I have given detail in my previous thread for which the link also provided. However, note once again.
While considering wages for Bonus eligibility:-
"salary or wage" means all remuneration (other than remuneration in respect of overtime work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were
fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee
on account of a rise in the cost of living).
There are some exclusions:-
(i) any other allowance which the employee is for the time being entitled;
(ii) the value of any house accommodation or of supply of light, water, medical attendance, other amenity, any service, any concessional supply
of foodgrains or other articles;
(iii) any travelling concession;
(iv) any bonus (including incentive, production and attendance bonus);
(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for the time being in force;
(vi) any retrenchment compensation or any gratuity or other retirement benefit payable to the employee or any ex gratia payment made to him;
(vii) any commission payable to the employee.
In order to avoid confusion and contradiction between us and for more clarification and understanding I have requested senior members to give their valued inputs. Than we can reach to an unanimous result.
Thanks.

From India, Delhi
Rahul Chhabra
152

Dear Pan Singh Ji,
Please don't say sorry :) we are all here to share our experiences, knowledge and to learn more.
It is very understood what is not considered in the definition of wages as per the act. This is explicitly defined in the act. However what i am asking you is - what else is considered as wages besides basic (+DA) as eligibility criteria under the said act.
Regards
Rahul

From India, Delhi
Pan Singh Dangwal
223

Dear Mr Rahul,
Your point "What is considered as wages" was also answered above,
Pls note once again":-
"salary or wage" means all remuneration (other than remuneration in respect of overtime work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were
fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee
on account of a rise in the cost of living).
The above is extracted from the Act itself.
Hope I am cleared to fellow members. However, once again request other senior persons to enlighten the matter and clarify our doubts.
Thanks once again.

From India, Delhi
Rahul Chhabra
152

Dear sir,
I have asked what else is considered as wages besides basic and da. This is yet to be addressed by you. Again the act explicitly mentions what is not included, so there is no need to paste the same multiple times.
In your response to Mr. Hari Prasad's post, you mentioned that under bonus act, there are two definitions of wages.
Please cite under which section of the act, this is mentioned?
Regards
Rahul

From India, Delhi
Aniket Pathak
94

Dear Sangeeta,
The ceiling amount mentioned by you in your query is Gross salary. Previously that ceiling was on 10000 rs.
Bonus calculations are however depends on Basic+Da or Minimum wages whichever is higher.
Also, If someone with higher salary than 21000/- is getting bonus then that can be termed as Ex-Gratia.
Regards

From India, Pune
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