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Applicability & Eligibility
The Act applies to every factory and every other establishment employing 20 or more persons on any day during the accounting year. Once applicable, it continues to apply even if the number of employees falls below 20. Government establishments and certain industries notified by the government are exempt.
Every employee drawing wages up to INR 21,000 per month is eligible for bonus, provided they have worked for at least 30 working days in the accounting year. 'Employee' includes any person (other than an apprentice) employed on a salary or wage basis.
Under Section 12, if an employee's salary exceeds INR 7,000 per month (or the minimum wage for the scheduled employment, whichever is higher), bonus is calculated as if the salary is INR 7,000 or the minimum wage. This is the wage ceiling for the purpose of bonus computation, distinct from the eligibility ceiling of INR 21,000.
An employee is disqualified from receiving bonus under Section 9 only if they are dismissed from service for fraud, riotous or violent behavior in or about the premises of the establishment, or theft, misappropriation, or sabotage of property of the establishment.
Bonus Calculation
Compute the gross profit of the establishment under Section 4 (using the First Schedule for companies and Second Schedule for other establishments). From gross profit, deduct depreciation, development rebate, direct taxes, and prior year set-on/set-off. The allocable surplus is 67% of the available surplus for companies and 60% for others.
Under Section 10, the minimum bonus payable is 8.33% of the wages earned during the accounting year, or INR 100 (whichever is higher), even if the employer has no allocable surplus or has incurred a loss. This is a statutory obligation that cannot be waived.
Under Section 11, the maximum bonus (including the minimum bonus) payable in any accounting year is 20% of the wages earned during that year. Any allocable surplus beyond what is needed for 20% bonus is carried forward as set-on.
Where the allocable surplus exceeds the maximum bonus (20%), the excess is carried forward as 'set-on' to be applied in the next 4 years. Where the allocable surplus falls short of the minimum bonus (8.33%), the shortfall is 'set-off' against surplus in the next 4 years. Maintain the set-on/set-off account in Form D.
Prepare the computation of bonus in Form A (gross profit), Form B (available surplus), and Form C (set-on/set-off). These forms are prescribed under the Payment of Bonus Rules, 1975 and must be maintained for inspection.
Payment & Distribution
Under Section 19, bonus must be paid within 8 months from the close of the accounting year. For a company with an accounting year ending 31 March, the bonus must be paid by 30 November. An extension of up to 2 years may be granted by the appropriate government in certain cases.
Bonus is taxable as salary income. Deduct TDS under Section 192 of the Income Tax Act at the applicable rate when paying bonus. Include the bonus in the employee's Form 16 and report it in the quarterly TDS return.
Employees who have worked for at least 30 days during the accounting year are entitled to bonus proportionate to the number of days worked. Calculate the proportionate amount based on the wages earned during the actual period of employment.
Under Section 14, days of authorised leave with wages and layoff days are treated as days worked for bonus computation. Only unauthorised absence and days of strike (not arising from a legal dispute) should be excluded from the calculation.
Records & Returns
Under Rule 4 of the Payment of Bonus Rules, 1975, maintain a register of bonus paid (Form D) showing employee name, wages, bonus due, bonus paid, and the date of payment. This register must be preserved for at least 8 years.
Submit the annual return of bonus paid in Form D to the Inspector within 30 days from the date of payment. The return must be accompanied by the computation sheets in Forms A, B, and C. File the return even if minimum bonus is paid.
Issue a written statement to each employee showing the bonus amount, the accounting year, calculation basis, and deductions (if any). This ensures transparency and helps employees verify the amount against their payslips.
Failure to pay bonus within the prescribed time or contravention of any provision of the Act is punishable with imprisonment up to 6 months, or a fine up to INR 1,000, or both under Section 28. Maintain compliance to avoid prosecution.
A Payment of Bonus Act checklist is a compliance guide that helps employers navigate their obligations under the Payment of Bonus Act, 1965. The Act mandates the payment of annual bonus to eligible employees in establishments employing 20 or more persons. This checklist covers bonus eligibility assessment, computation methodology using available surplus and allocable surplus, minimum and maximum bonus thresholds, and timely disbursement requirements.
Bonus computation under the Act involves complex calculations involving gross profits, available surplus, and set-on and set-off provisions that can span multiple financial years. Errors in computation or delays in payment beyond the prescribed eight-month window after the close of the accounting year can attract penalties under Section 28 of the Act. This checklist ensures HR and finance teams follow a systematic approach to bonus calculation and disbursement.
This checklist covers employee eligibility based on the salary ceiling of INR 21,000 per month, calculation of minimum bonus at 8.33% of wages and maximum bonus at 20%, computation of allocable surplus from gross profits, application of set-on and set-off rules from previous years, maintenance of statutory registers in Forms A through D, and bonus payment within the eight-month statutory timeline. It also addresses proportionate bonus for employees who have not worked the full year.
Use Hyring's free checklist generator to build a Payment of Bonus Act compliance checklist suited to your organization's financial year and employee base. The Detailed view provides step-by-step guidance through the surplus calculation and set-on set-off mechanism, while the Brief view offers a quick compliance summary. Export the checklist for your finance team to use during the annual bonus computation cycle.