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

Bonus and welfare contributions in Kolkata are governed by the central Payment of Bonus Act read with West Bengal Premises Tenancy Act 1997, which establishes the state labour welfare fund for the benefit of employees in shops, factories, and establishments. If your employer is covered by the Bonus Act, you are entitled to a statutory bonus based on the allocable surplus, and failure to pay attracts prosecution and recovery as arrears.

The Calcutta High Court has held that the Welfare Fund Commissioner can recover unpaid contributions as arrears of land revenue and that employees can approach the Labour Court for unpaid bonus. You should file a claim before the Labour Court or the Authority under West Bengal Premises Tenancy Act 1997 with your salary slips, attendance record, and the bonus statement if issued.

Keep all payslips and the appointment letter, as proof of the statutory bonus entitlement depends on the wage slab you fall under.