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Who Is Eligible for Statutory Bonus?

Under the Payment of Bonus Act, 1965, employees earning wages (Basic + DA) up to ₹21,000 per month are eligible for statutory bonus, provided they have worked at least 30 days in the accounting year. The Act applies to establishments employing 20 or more people, and to certain notified establishments with 10 or more employees.

If an employee's Basic + DA exceeds ₹21,000/month, they fall outside the scope of the Act, and any bonus paid to them is at the employer's discretion rather than a statutory obligation.

The Calculation Ceiling Explained

Even though the eligibility wage limit is ₹21,000, the bonus itself is not calculated on the employee's actual wages. Instead, the Act applies a separate, lower "calculation wage" - ₹7,000 per month, or the state government's notified minimum wage for that employment or scheduled employment, whichever is higher.

This means an eligible employee earning, say, ₹18,000/month in Basic + DA still has their bonus computed on a capped wage of ₹7,000 (or the applicable state minimum wage, if higher) - not on ₹18,000. This calculation ceiling was last revised, raised from ₹3,500 to ₹7,000, via the Payment of Bonus (Amendment) Act, 2015.

TermValue
Eligibility wage ceiling₹21,000/month
Calculation wage ceiling₹7,000/month or state minimum wage, whichever is higher
Minimum statutory bonus8.33% of calculation wage
Maximum statutory bonus20% of calculation wage (subject to allocable surplus)
Payment deadlineWithin 8 months of the accounting year's close

Minimum, Maximum & Payment Deadline

The minimum bonus - 8.33% of the calculation wage - must be paid regardless of whether the company made a profit in that accounting year. It is a statutory floor, not tied to business performance. The maximum bonus is 20% of the calculation wage, but this higher amount is payable only if the employer's "allocable surplus" for the year - a defined calculation under the Act - is sufficient to support it.

Regardless of the rate applied, statutory bonus must be paid within 8 months of the close of the accounting year. Employers should maintain bonus registers and related records to demonstrate compliance in the event of an inspection.

Frequently Asked Questions

Yes. The minimum statutory bonus of 8.33% of the calculation wage must be paid regardless of whether the employer made a profit - it is a statutory floor under the Payment of Bonus Act, 1965. Only the amount above the minimum, up to a maximum of 20%, depends on the employer's allocable surplus for the year.

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