Bonus Calculation Under the Payment of Bonus Act: Complete Guide
The Payment of Bonus Act 1965 mandates the payment of annual bonus to eligible employees in India. Understanding the Act’s provisions is essential for every Indian employer to ensure compliance and avoid penalties. This guide covers eligibility, calculation methodology, and practical implementation.
Who Is Covered Under the Payment of Bonus Act?
The Act applies to every factory and establishment employing 20 or more persons. Once the Act becomes applicable, it continues to apply even if the number of employees falls below 20. Employees drawing wages up to ₹21,000 per month (basic + DA) are eligible for bonus.
Employees who have worked at least 30 working days in the accounting year are eligible. New employees, temporary employees, and contract workers meeting these criteria are all covered. Notably, apprentices and employees dismissed for misconduct (fraud, theft, riotous conduct) are excluded.
Minimum and Maximum Bonus
The minimum bonus is 8.33% of the salary or wages earned during the accounting year, or ₹100, whichever is higher. This minimum bonus must be paid regardless of whether the establishment has made profits or incurred losses.
The maximum bonus is 20% of the salary or wages earned during the accounting year. Even if the allocable surplus (available profit for bonus distribution) exceeds the 20% requirement, the payout is capped at 20%. Any excess surplus is carried forward using the set-on and set-off mechanism.
Bonus Calculation Methodology
The calculation follows these steps. First, determine gross profits for the accounting year. Then calculate available surplus by deducting depreciation, development rebates, investment allowances, direct taxes, and the employer’s prior claims. Next, apply the allocation percentage — 67% for non-banking companies (60% for banking companies) — to arrive at allocable surplus.
Divide the allocable surplus among all eligible employees in proportion to their salary or wages. If the resulting amount per employee is less than 8.33%, pay the minimum. If it exceeds 20%, cap at 20% and carry forward the excess. Use payroll management systems to automate these calculations accurately.
Salary Ceiling for Bonus Calculation
For employees earning above ₹7,000 per month (basic + DA), bonus is calculated on a deemed salary of ₹7,000 or the minimum wage for the scheduled employment (whichever is higher), not on the actual salary. This ceiling applies to the calculation, not to eligibility — an employee earning ₹18,000 is eligible for bonus but the bonus is calculated on the deemed salary.
Payment Timeline and Compliance
Bonus must be paid within 8 months from the close of the accounting year. For most companies following April-March accounting, this means bonus must be paid by November 30th. Maintain a bonus register in the prescribed format. Display an abstract of the bonus computation prominently in the establishment. Employee records and attendance data provide the foundation for accurate bonus calculations.
Frequently Asked Questions
Is bonus mandatory even if the company incurs losses?
Yes. The minimum bonus of 8.33% is mandatory regardless of profits or losses. The only exception is during the first 5 years of a new establishment, where bonus is payable only from the year the establishment earns profits (but the minimum still applies once profits are earned).
Can bonus be adjusted against advances paid during the year?
Yes. If an employer has paid an interim bonus or advance bonus during the year, it can be adjusted against the annual statutory bonus. However, festival advances or Diwali bonuses paid as ex-gratia cannot be adjusted unless specifically documented as advance against statutory bonus.
How is bonus calculated for employees who join or leave mid-year?
Bonus is calculated on a pro-rata basis for the period actually worked, provided the employee has completed at least 30 working days. An employee working 6 months receives half the bonus they would receive for a full year, calculated on salary earned during those 6 months.
Does the bonus Act apply to the IT sector?
Yes, if the establishment employs 20 or more persons. IT companies are not exempt from the Payment of Bonus Act. The common practice of paying performance bonuses or variable pay doesn’t substitute for statutory bonus unless the amount exceeds the statutory entitlement.
What are the penalties for non-payment of bonus?
Non-payment or delayed payment attracts imprisonment up to 6 months and/or fine up to ₹1,000 under the Act. The Code on Wages 2019 proposes higher penalties. Labour inspectors can initiate proceedings, and employees can file complaints with the labour authority.
