Tuesday, 28 January 2020

Payment of Bonus by an agreement under Industrial Dispute Act.


Payment of Bonus under an agreement under Industrial Dispute Act.

1.       The employer has to pay bonus to its employees at the rate according to profit as per audited balance sheet by adjusting some expenses/profits as per Payment of Bonus Act, 1965
2.       Minimum bonus is to paid is 8.33% (Section 10)
3.       Maximum Bonus is to be paid is 20% (Section 11)
4.       Bonus is to be paid within 8 months i.e. on or before 30 Nov Every Year

If employer has paid less than amount arrived as per 1. above it defaults and if employer had paid more than amount as per 1 and 3 above, income tax officer may reject the expenditure over and above amount payable.

SOLUTION

Under section 22 of Bonus Act, Employer and Employees can make an agreement on percentage of Bonus under section 18(1) of the Industrial Dispute Act without going into quantum of profit and loss of the firm. (Minimum 8.33%)

                                                Agreement under section 18(1) for Payment of Bonus

This agreement is made on this day the ____Day of _____20___    between management of M/s _____ and majority of employees under Section 18(1) of Industrial Dispute Act, 1947.

Where as a dispute has been there with respect of percentage of bonus to be paid by the management to employees and 

Where the management and employees have sorted out the dispute as under:-

That without going into the quantum of profit and loss of the firm for the year ending _______ it has been mutually agreed between the management and employees that the bonus for the year ending 31/3/____ shall be paid at the rate of _____%.

Date
Place                                                                                                     On behalf of Management
                                                                                                                For .................................
                                                                On behalf of employees the following in person

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