Test: Wages,Bonus and Gratuity - CLAT PG MCQ

An employee must have worked for at least 30 working days during the accounting year to qualify for a bonus under the Payment of Bonus Act. This requirement ensures that only those who have contributed a meaningful amount of time to the organization are eligible for profit-sharing through bonuses.

The concept of a living wage under the Minimum Wages Act, 1948, refers to a wage level that enables workers to afford not only the basic necessities of life—such as food, clothing, and shelter—but also provides for some frugal comforts, education for children, and protection against ill-health, ensuring a decent standard of living.

The term "appropriate government" in the Minimum Wages Act denotes the specific government entity responsible for fixing minimum wages for scheduled employment. This can be either the Central Government or the State Government, depending on the nature of the employment, ensuring localized and relevant wage regulations.

The concept of Fair Wage, introduced by Justice Higgins, emphasizes that wages should be adjustable and increase according to the capacity of the industry to pay, as well as the prevailing wage rates in the area. This approach aims to create a balance between worker compensation and industry sustainability.

Gratuity is designed to support employees financially after retirement, regardless of the circumstances leading to their retirement. This benefit is particularly important for workers who have served continuously for five years or more, ensuring they have some financial backing once they leave employment.

If the gratuity amount is not paid within the stipulated time, the employer must pay simple interest on the amount from the date it became payable until the date of actual payment. This ensures accountability and encourages timely payment of owed benefits.

"Continuous service" is defined in Section 2-A of the Payment of Gratuity Act, which outlines the criteria for determining eligibility for gratuity. This section takes into account various factors, including interruptions due to illness or leave, ensuring fair treatment of employees.

If the allocable surplus exceeds the minimum bonus amount due to employees, the employer is required to pay a bonus capped at 20% of the employee's salary or wage. This provision supports fair compensation aligned with the company’s financial performance and ensures that employees benefit from the company's profits.

The Subsistence Theory, propounded by David Ricardo, suggests that wages are set at a level that allows workers to subsist and reproduce. If wages are set above this level, it typically leads to population growth, which can eventually drive wages back down, demonstrating the dynamic nature of labor supply and demand.

The Supreme Court ruling clarified that certain high-salaried positions, such as that of the Additional Director in O.N.G.C. Ltd., do not qualify as 'employees' under the Payment of Gratuity Act. This distinction is crucial for determining who is entitled to gratuity benefits under the law.

For companies not adhering to specific arrangements under the Income-tax Act, the allocable surplus is defined as 67% of the available surplus. This percentage is crucial for determining the amount of bonus that can be distributed to employees, reflecting the company's capacity to share its profits.

The Minimum Wages Act allows for the review and revision of minimum wage rates at intervals not exceeding five years. This provision ensures that wage rates remain relevant and adequate in light of changing economic conditions and living costs.

The correct formula for calculating gratuity is Last Drawn Salary x 15/26 x No. of Years of Service. This formula accounts for 15 days of wages for each completed year of service, reflecting the standard work month for calculating employee benefits.

The term "employer" refers to any person or authority responsible for supervising and controlling employees in an establishment. This broad definition includes various types of workplaces, ensuring that all employees receive their rightful gratuity benefits.

Inspectors appointed under the Payment of Bonus Act have the authority to request information from employers and enter establishments to examine documents. This role is crucial for ensuring compliance with the Act and protecting employees' rights to receive due bonuses.

If an employee is found guilty of misconduct that leads to financial loss for the employer, the employer is entitled to deduct the amount of loss from the bonus payable to that employee for that specific accounting year. This ensures accountability and reinforces the importance of ethical conduct in the workplace.

The Residual Claimant Theory, proposed by Francis A. Walker, asserts that workers receive wages from the residual income left after compensating the other factors of production—land, labor, and capital. This theory highlights the subordinate position of labor in the distribution of income within the economy.

The maximum gratuity amount that can be paid under the Payment of Gratuity Act is ten lakh rupees. This limit ensures that while employees are compensated for their service, there is a cap to manage the financial implications for employers.

The Wages Fund Theory, developed by Adam Smith, posits that wages are paid from a predetermined fund of wealth, which is created through savings. This theory suggests that the size of this fund directly influences the demand for labor and the wage rates, illustrating early economic thought on wage determination.

The appropriate Government can exempt certain establishments from the provisions of the Payment of Bonus Act if it is deemed to be in the public interest, taking into consideration the financial position and other relevant factors. This flexibility allows the government to respond to varying economic conditions and business needs.

Employees with a salary exceeding Rs. 7,000 will have their bonus calculated as if their salary were Rs. 7,000 or the applicable minimum wage, whichever is higher. This provision ensures that bonuses remain equitable and manageable for employers while still providing benefits to employees.

Gratuity must be paid if an employee passes away or becomes disabled, regardless of whether they have completed the minimum requirement of five years of service. This provision safeguards the financial interests of the employee's family in tragic situations.

Section 12 of the Minimum Wages Act mandates that employers are obligated to pay every employee engaged in scheduled employment at least the minimum wage specified for their category. This legal requirement helps protect workers from exploitation and ensures a basic standard of living.

Employers who do not adhere to the minimum wage requirements set by the Minimum Wages Act face legal penalties and enforcement actions. This includes potential fines and other consequences, reinforcing the importance of compliance to protect workers’ rights and ensure fair compensation.

Gratuity is fully funded by the employer, with no contribution from the employee's salary. This means that the employee does not have to pay into the gratuity fund; it is solely the employer's responsibility to provide this benefit upon eligibility.

Employees can be disqualified from receiving bonuses if they are dismissed for specific reasons, including theft, misappropriation, or violent behavior. This disqualification is a deterrent against misconduct and ensures that bonuses are awarded only to those who adhere to workplace standards.

The Controlling Authority is responsible for resolving disputes related to gratuity claims. This entity conducts inquiries and has powers similar to a court, ensuring that disputes are handled fairly and efficiently.

Wage boards are established under the Minimum Wages Act to assess the capacity of various industries to pay wages and to set minimum wage rates that ensure essential needs for workers and their families are met. This approach takes into account the local cost of living and industry conditions.

Employers must pay bonuses due to employees within eight months from the end of the accounting year. This provision provides a clear timeline for bonus disbursement, ensuring that employees receive their entitled bonuses in a timely manner.

The Payment of Bonus Act, 1965 was primarily designed to ensure that employees receive bonus payments from their employers in certain establishments, particularly those that meet specific criteria related to profits. This act outlines how bonuses should be calculated and distributed, thus providing a legal framework for profit-sharing between employers and employees.