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What is Statutory Bonus, Eligibility & Calculation?

what is statutory bonus

Introduction

There’s no doubt that employees get excited when they hear the word ‘bonus’ as it is often seen as a well-deserved reward from their employers. But what is statutory bonus? Is it more than just a performance-based reward or a legal compliance mandated by the law? In this blog, we’ll have a deep dive into understanding the compliances around bonuses, answer some burning questions like ‘who is eligible for statutory bonus in India?’ and learn how to calculate statutory bonus.
First, let’s clarify one important factor about bonuses. Not all bonuses are the same or created equally. Sure, some of them are performance-based or discretionary, but they are also mandatory under the law. Now, let’s understand the law the mandates bonuses.

What is Statutory Bonus?

Statutory Bonus, in its simplest definition, is a legal obligation for all employers in India to ensure that the employees who meet the statutory bonus eligibility receive a share of the company’s profits. This is a compulsory payment mandated by the Payment of Bonus Act, 1965, ensuring that companies share a portion of their profits with their workforce, fostering a fairer income distribution and improving the employee morale.
what is statutory bonus

Key Characteristics of Statutory Bonus

  1. Legally mandated:While employers can choose if and how much they want to pay an employee as a performance bonus, statutory bonuses are not at the employer’s discretion.
  2. Profit-Linked: Statutory bonus is generally paid out from the company’s profits. However, the company is liable to paying out a minimum bonus even if it faces a loss.
  3. Fixed range: The amount paid to an employee as the bonus ranges between 8.33% and 20% of the employee’s salary, with certain limits in place during the statutory bonus calculation.
Confused about statutory bonus compliance?

Purpose and Importance of Statutory Bonus

Now that we have answered the question, what is statutory bonus, it’s time to talk about the purpose and importance of the statutory bonus. The Payment of Bonus Act was created with a clear intention of facilitating a fair income distribution and to reward employees for their hard work and contributions to the company’s success, however, the employer benefits this Act entails are often neglected.

For Employees

  • A reliable financial boost that makes their income a bit better.
  • Assurance that they get their fair slice of the company’s profits.
  • Boosts the job satisfaction and keeps them motivated.

For Employers

  • Ensures that you stay on the right side of the law, avoiding disputes or penalties due to non-compliance.
  • Helps keeping the talent around by offering financial incentives.
  • Fosters a positive work environment, making employees feel that they are appreciated.
what is statutory bonus

Who is Eligible for Statutory Bonus in India?

Statutory bonus eligibility is laid out very clearly in the Payment of Bonus Act, 1965, which provides clear guidelines based on the salary limits, employment tenure, and the organization size.

Eligibility Criteria

  • Salary Limit: Employees who earn a gross monthly salary of ₹21,000 or less, including the basic pay and dearness allowance, can qualify.
  • Employee Tenure: Any employee who has worked for at least 30 days during the financial year.
  • Organisation Size:This Act is applicable to businesses with 20 or more employees. Something to keep in mind here: some states have extended the Act’s applicability to establishments (non-factory set ups) with 10 or more employees. These include states like Karnataka, Kerala, Andhra Pradesh, Haryana, Gujarat, etc.
  • Employment type: Both temporary and permanent employees meet the statutory bonus eligibility requirements. In some cases, contract and part-time employees may also qualify, provided they meet the salary and tenure requirements.

Exclusions from Statutory Bonus

  • Employees in managerial, supervisory, or administrative positions who earn more than ₹21,000 a month.
  • Employees working for government organisations, defence sector, or those in confidential roles.
statutory bonus eligibility

How to Calculate Statutory Bonus?

Exclusions from Statutory Bonus

The statutory bonus calculation is pretty simple, thanks to the clear guidelines laid out by the Payment of Bonus Act.

According to this Act, all registered companies must pay a minimum bonus of 8.33% and can go up to a maximum limit of 20%, depending on their profits that financial year.

Formula for Statutory Bonus Calculation

Bonus Amount = (Monthly Gross Salary x Bonus x percentage) x 12

Rules for Statutory Bonus Calculation

  • Salary Threshold: As discussed above, employees with a gross monthly salary of ₹21,000 or less are eligible for statutory bonus. For those earning over ₹21,000, it is not mandatory, but the employees may receive a performance bonus performance bonus at the employer’s discretion.
  • Infancy Period: New organisations in their first five years are exempt from paying statutory bonus, even when they have more than 20 employees, if they are running at a loss.
  • Minimum Bonus Obligation:Even if a company incurs a loss, it is still legally mandated to pay a minimum bonus of 8.33% to the eligible employees. Many organisations use their allocable surplus, the profits reserve set aside for future use if the company incurs loss in future, to cover the bonus payout.
Example:
Now let’s understand how to calculate statutory bonus with this example.
  • Monthly Salary: ₹18,000
  • Bonus Percentage: 8.33%

Bonus Amount = (18,000 x 8.33%) x 12
Bonus Amount = 1499.4 x 12
Bonus Amount = 17,992.8 ≈ 18,000

From this statutory bonus calculation, it is clear that an employee can get at least one month of his/her salary as statutory bonus each year.
Ensure error-free statutory bonus calculation with Vishaal Consultation Services!

Statutory Bonus v/s Performance Bonus

While statutory bonuses are required by the law, a lot of companies go the extra mile by providing performance bonuses to motivate their employees. Even though these aren’t legally necessary, they’re crucial for acknowledging and rewarding outstanding contributions. Let’s have a quick overview of what performance bonuses really mean!

What is Performance Bonus?

A performance bonus is a special reward that employers give out for based on certain KRAs (Key Result Areas), KPIs (Key Performance Indicators), hitting certain targets or for outstanding work. Unlike rigid rules around statutory bonus calculation, the performance bonuses are entirely up to the company’s discretion and can differ from one organization to another.

Forms for Statutory Bonus Compliance

When it comes to calculating bonuses, there are four key forms, each with its own role, that the employers must submit. These are:
  1. Form A: This determines the company’s gross profit.
  2. Form B:Here, the allocable surplus is calculated based on that gross profit.
  3. Form C:This form lays out the bonus amount that eligible employees will receive.
  4. Form D: This details the bonus payments that have been made to employees.

Key Legal Provisions and Compliance Tips

It is very important for employers to keep up with statutory bonus regulations to steer clear of any legal issues and penalties.

Legal Provisions

  1. Bonus Distribution Timeline: Employers must ensure that the statutory bonus is paid within 8 months after the financial year ends.
  2. Minimum Bonus:Even if the company faces a financial loss, the employers are still liable to paying a minimum bonus to 8.33% to all employees meeting the statutory bonus eligibility.
  3. Record Maintenance:It’s important that employers keep a thorough record of the employee salaries, bonus calculations, and payments in order to stay compliant.
  4. Interest on Delayed Payments: If there has been a delay in the payments, employers will have to pay interest at a rate of 9% per annum on the bonuses delayed.

Compliance Tips for Employers

  • Make sure that the salary calculations and bonus percentages are spot on.
  • Carry out periodic compliance audits to dodge any penalties and identify if there are any compliance gaps.
  • Stick to the payment deadlines to avoid legal headaches at the last minute and paying penalties and interest.

Taxation of Statutory Bonus

From a tax standpoint, statutory bonuses are treated as part of the employee’s taxable income.

For Employees:

  • Bonus, whether statutory and performance bonus, is taxed asincome from salary.
  • The bonus gets added to the annual income and taxed based on the applicable slab rate.

For Employers:

  • Bonus payments can be deducted as business expense under the Income Tax Act.

Conclusion

Properly understanding what is statutory bonus, who is eligible for statutory bonus in India, and its calculations, is important for both employees and employers. For employees, it may be about securing the payout they deserve, but for employers, it’s all about staying compliant to the mandated laws.
At Vishaal Consultancy Services, we’re all about helping you navigate the often-complicated labour law compliances, payroll management, and employee benefits consulting. With our team of experts, you can count on us not only for statutory bonus calculation but also maintaining your business legally sound without being overwhelmed.

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