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Deductions from Bonus & Time limit for payment of Bonus- Payment of Bonus Act(1965), Industrial Laws | Industrial Laws - B Com PDF Download

Where in any accounting year, an employee is found guilty of misconduct causing financial loss to the employer, then, itshall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employeeunder this Act in respect of that accounting year only and the employee shall be entitled to receive the balance, if any.

Time limit for payment of bonus

All amounts payable to an employee by way of bonus under this Act shall be paid in cash by his employer —

(a) where there is a dispute regarding payment of bonus pending before any authority under section 22, within amonth from the date on which the award becomes enforceable or the settlement comes into operation, in respectof such dispute;

(b) in any other case, within a period of eight months from the close of the accounting year:Provided that theappropriate Government or such authority as the appropriateGovernment may specify in this behalf may, uponan application made to it by the employerand for sufficient reasons, by order, extended the said period of eight monthsto such further period or periods as it thinks fit; so, however, that the total period so extended shall not in any caseexceed two years.

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FAQs on Deductions from Bonus & Time limit for payment of Bonus- Payment of Bonus Act(1965), Industrial Laws - Industrial Laws - B Com

1. What are some common deductions that can be made from bonus payments under the Payment of Bonus Act (1965)?
Ans. According to the Payment of Bonus Act (1965), the following deductions can be made from bonus payments: - Any amount paid by the employer towards the employee's contribution to a pension fund or provident fund. - Any amount paid by the employer towards the employee's participation in any approved gratuity fund. - Any amount paid by the employer towards the employee's life insurance premium. - Any amount paid by the employer towards the employee's contribution to any scheme of social insurance. - Any amount recovered by the employer from the employee as an advance or a loan.
2. Is there a time limit for the payment of bonus under the Payment of Bonus Act (1965)?
Ans. Yes, there is a time limit for the payment of bonus under the Payment of Bonus Act (1965). According to the Act, the bonus should be paid within 8 months from the close of the accounting year. However, if the bonus amount cannot be paid within this time frame, the employer is required to seek permission from the appropriate authority and provide valid reasons for the delay in payment.
3. Can an employer refuse to pay bonus to an employee under the Payment of Bonus Act (1965)?
Ans. An employer cannot refuse to pay bonus to an employee if the employee has worked for a minimum of 30 working days in an accounting year. The Payment of Bonus Act (1965) mandates that all eligible employees are entitled to receive bonus, subject to certain conditions such as profitability of the establishment and fulfillment of other eligibility criteria.
4. Are there any exemptions to the Payment of Bonus Act (1965) in terms of bonus payments?
Ans. Yes, there are exemptions to the Payment of Bonus Act (1965) in terms of bonus payments. The Act does not apply to certain categories of employees, such as those employed in the armed forces, police forces, and those employed in public sector undertakings. Additionally, employees whose salary or wage exceeds a certain threshold (currently Rs. 21,000 per month) are also exempted from the provisions of the Act.
5. Can an employer reduce the amount of bonus to be paid to an employee under the Payment of Bonus Act (1965)?
Ans. No, an employer cannot unilaterally reduce the amount of bonus to be paid to an employee under the Payment of Bonus Act (1965). The Act provides for a specific formula to calculate the bonus amount, taking into consideration factors such as profits, allocable surplus, and the employee's salary or wage. Any reduction in the bonus amount must be done in accordance with the provisions of the Act and after obtaining appropriate permission from the appropriate authority.
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