S&S
S & S Co.
Advocates & Solicitors
Bar Council of India: Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Search Contact Us
Employment & Labour · 15 July 2026

Who Is Entitled to a Statutory Bonus Under the Payment of Bonus Act?

A guide to statutory bonus eligibility, the difference between the minimum and maximum bonus an employer must pay, and how the eligibility and calculation wage ceilings work under the Payment of Bonus Act, 1965.

By S&S Co. Advocates & Solicitors · Published 15 July 2026 · Informational content, not legal advice: see our disclaimer

Which Employers and Employees Are Covered

The Payment of Bonus Act, 1965 applies to establishments employing twenty or more persons, and requires payment of an annual statutory bonus to employees who have worked at least thirty working days in the accounting year, subject to a wage-based eligibility ceiling that is periodically revised. Employees earning above the eligibility ceiling generally fall outside the Act's mandatory coverage, though many employers choose to extend a discretionary bonus to such employees as a matter of policy.

The Minimum and Maximum Bonus

The Act requires payment of a minimum bonus of 8.33% of salary or wages earned in the accounting year (or a fixed minimum sum, whichever is higher), even where the employer has made no profit or an inadequate profit in that year. Where the allocable surplus permits, the employer must pay a higher bonus up to a statutory maximum of 20% of salary or wages, computed according to the formula set out in the Act's schedules.

The Eligibility Ceiling and the Calculation Ceiling

Two separate wage figures matter under the Act. The eligibility ceiling determines whether an employee is covered by the Act at all: employees earning above this figure fall outside mandatory coverage. Separately, a calculation ceiling applies for computing the bonus of employees whose actual wages exceed it: for such employees, the bonus is computed as if their wage were equal to the calculation ceiling, even though their actual salary is higher. Employers should not confuse the two figures when auditing compliance.

Disqualification and Deductions

The Act disqualifies an employee from bonus in specific circumstances, including dismissal for fraud, riotous or violent conduct, or theft, misappropriation or sabotage of the employer's property. The Act also permits an employer to make certain deductions from bonus otherwise payable, such as for financial loss caused by employee misconduct in the relevant accounting year, subject to the specific conditions set out in the Act.

Frequently Asked Questions

Is bonus payable even if the employer made no profit that year?

Yes: the Act requires payment of a minimum bonus of 8.33% of wages (or a prescribed minimum amount, whichever is higher) regardless of whether the employer made a profit, unless a specific statutory exemption applies to a new or loss-making establishment.

What is the maximum bonus an employer must pay?

Where the allocable surplus under the Act's formula permits, the employer must pay a bonus up to a statutory maximum of 20% of the employee's salary or wages for the accounting year.

Can an employee be denied bonus for misconduct?

Yes, the Act disqualifies an employee dismissed for fraud, riotous or violent conduct, or theft, misappropriation or sabotage of the employer's property from receiving bonus, though this disqualification is narrowly limited to these specific grounds.

Do all employees in a company receive the same bonus percentage?

Not necessarily: the percentage is generally uniform for eligible employees under the applicable formula, but the rupee amount differs because employees above the calculation ceiling have their bonus computed on the ceiling figure rather than their actual (higher) salary.

References & Further Reading

This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.

  1. Payment of Bonus Act, 1965, Sections 10, 11, 12 and 2(13).
  2. Payment of Bonus Act, 1965, Sections 9 and 21.
Newsletter

Fortnightly Legal Updates,
By Practice Area

A short digest of significant rulings, regulatory changes and practical guides across our practice areas, sent every two weeks. For general information only, not legal advice.

Get In Touch

Have a Question About
Employment & Labour?

Tell us about your situation: we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata, providing commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

Commercial Litigation Arbitration All 16 Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Newsletter Contact