My employer in Guwahati did not pay bonus, can I claim it under the state labour welfare fund?

Detailed Legal Analysis

You can claim your unpaid bonus under the Assam Labour Welfare Fund Act, 1972, if your employer has failed to pay it as mandated by law.

In India, the payment of bonuses is primarily governed by the Payment of Bonus Act, 1965. In addition, the Assam Labour Welfare Fund Act, 1972 provides for the establishment of a welfare fund for the benefit of workers. Here are the steps and requirements to claim your bonus:

• Understand Your Eligibility:
  • Employees earning a salary of up to Rs. 21,000 per month are eligible for bonuses under the Payment of Bonus Act, 1965.
  • The bonus should be paid if the organization made profits during the financial year.
  • Ensure you have completed the minimum eligibility period of 30 working days in the financial year.
• Calculate Your Due Bonus:
  • The minimum bonus payable is 8.33% of the salary or wage earned during the accounting year.
  • For organizations with profits, the bonus can go up to 20% of the salary or wages.
• Gather Documentation:
  • Collect payslips, appointment letters, and any communication regarding bonus payments.
  • Keep records of your work days in the relevant financial year.
• File a Complaint:
  • Approach your employer first with a formal written request for the bonus payment.
  • If the issue is unresolved, you can file a complaint with the Labour Commissioner or the appropriate authority under the Assam Labour Welfare Fund Act.
• Legal Recourse:
  • If the complaint doesn’t yield results, you can take legal action under Section 31 of the Payment of Bonus Act, 1965, for non-payment of bonus.
  • Consult a labour lawyer for guidance on the procedure to file a suit in the Labour Court.

It is important to note that the claim should be made within the stipulated time limits set by the applicable laws, which generally require complaints to be filed within a specified period from the due date of the bonus. Always seek professional legal advice to navigate the complexities of the law.