
HR's Corner
How You Can Improve in a Performance Improvement Plan?
A performance improvement plan is an official document that updates an employee about their repetitive performance issues. Learn how to improve your performance in a PIP.
Sanil Basutkar
Author

In India, work burnout and stress are common occurrences, agreed by 62% of working individuals. Employees hence need incentives for performing better and staying in a high-work spirit. Although many firms provide employee wellness insurance, many employees are not aware of the concept of statutory bonus. Let’s know what is statutory bonus, its application and the eligibility of claiming it.
Those who have been working in the corporate sector for quite a while may be accustomed to the concept of statutory bonus. But those who are new, may not know its meaning, and should get through this blog. Many employees are not even aware of the idea of this bonus, and hence may miss claiming this.
In simple terms, a statutory bonus is the minimum amount that a company has to pay to its employees irrespective of their performance and their overall output. In addition to this, this obligatory bonus is paid besides the basic salary, so a statutory bonus is not treated as a part of the current salary or any allowance. In case an employee earns less than or equal to ₹21,000 (including Dearness Allowance), the company is liable to pay them a fixed sum as statutory bonus every month according to the Payment of Bonus Act, 1965. This obligatory bonus is treated more as an incentive and hence paid exclusively for the basic salary. The eligibility criteria to claim a statutory bonus will be explained in the later parts of this blog, keep on reading.
The main reason for paying a statutory bonus is to encourage the employees and retain talented skills. India hosts a multitude of firms, most of them operating in the private sector. Almost 69% of Indian employees have been reported to not being paid well, A statutory incentive ensures that employees feel they are being encouraged, and are being paid sufficiently aligned with their efforts.
Let’s explore various types of bonuses that an organisation usually pays:
A statutory bonus meaning is an exclusive bonus paid to all employees, based on their eligibility criteria. The sole purpose of paying statutory bonus is to encourage employees, and hence is paid out of the basic salary. However, this type of bonus is not paid to employees who are terminated because of misconduct.
A performance bonus is an additional pay based on a commendable performance of the employee, or because the employee has achieved the required target. There are various types of performance bonus, such as sales bonus which are paid when the employee has achieved more than the sales target. Few organizations often pay their employees a profit-sharing bonus, which directly arrives from the achievement of certain organizational goals.
This type of bonus is paid on some festive occasions, or even during special occasions such as a company completing 25 years or 50 years. This is also known as a festive bonus and varies across organizations.
Some companies pay their employees in the form of stock options, leave allowance and even group health insurance.
Read more about group health insurance and how it can benefit employees in a wide range of ways.
The statutory bonus eligibility depends on certain criteria, let’s check on them here:
The basic salary of the employee excluding all perks and allowances should not exceed ₹21,000 per month. In case an employee serves the government, or works at the Red Cross, governmental hospitals are not eligible for this bonus irrespective of their salary.
The employee should have served at least 30 working days in the organisation. The number of days is directly counted in one accounting year and excludes the leaves applied for or taken by the employee. However it should be noted that factories or production capacities that employ employees on a seasonal basis are not eligible for paying a statutory bonus in salary.
The employee should not be blacklisted from the organisation, or terminated based on any behavioural misconduct or is not accused of any corporate fraud. The employee cannot claim a statutory incentive in case they have been appearing for any court trial due to workplace dishonesty or unethical workplace behaviour.
Possible exceptions mean situations where the employee could not be present for work, yet are eligible to receive a statutory reward. Here are such scenarios: The employee has been physically disabled and has met with a workplace injury The employee is on maternity leave or paternity leave The employee is on sick leave or leave on pay
Let’s review statutory bonus applicability now. Every business or factory that has 20 employees or more is eligible to pay the bonus in salary according to the Payment of Bonus Act, 1965. In case the business loses employees and has less than 20 employees, it is still eligible to pay the statutory incentive. The minimum bonus is 8.33% of the salary, while the firm can pay a maximum bonus of 20% of the basic pay.
Here is a statutory bonus calculation with a simplified example.
Total number of days worked in a given year x (Total salary/30). Here, the total salary is equivalent to the basic salary that an employee is withdrawing, and it does not include any additional allowances or perks that the employee may be entitled to.
An employee is entitled to a basic salary of ₹15,000 monthly, including a Dearness Allowance. The bonus will be calculated based on the state-mandated minimum salary. If the minimum salary is ₹7,000 according to state minimum wage law, then the
The minimum bonus will be: 7,000 x 8.33% = ₹583.10 monthly
Maximum bonus will be: 7,000 x 20% = ₹1400 monthly
The method of payment will be by cash, and firms cannot pay by any other medium such as any electronic payment mode or electronic transfer. This also means that a company cannot pay a statutory incentive as an allowance and claim a tax deduction on it.
The mandated time of payment for this bonus is within 8 months from the date of the financial accounting period. For example, a company must clear the bonus by 31st November 2025 for the financial year ending on 31st March 2025.
As for startups, there is a specific provision made that allows the startups to not pay statutory incentives for the first five years of operation. Startups also enjoy the provision of paying the bonus only during the specific periods when there is sufficient profit. This provision is solely designed to help startups achieve better financial growth and get stabilised before they can invest their financial resources into bonus payments. Moreover, this also allows the startups a headstart for postponing all bonuses only when the business has achieved a financial equilibrium.
Also, know how you can raise funds for your next startup business.
| Basis of Differences | Statutory Bonus | Performance Bonus |
|---|---|---|
| Meaning | This is a compulsory bonus paid as according to Payment of Bonus Act, 1965 | This is an optional bonus paid as per the performance of employees or achievement of any assigned goal |
| Applicability | Mandated and compulsory payment under Ministry of Labor guidelines | Not compulsory and depends on the company policy |
| Eligibility | Employees who have served for more than 30 days and withdraw a salary of less than or equal to ₹21,000 | Employees who have met a predefined target or have performed as per set metrics |
| Taxability | Taxable according to Income Tax Act, 1961 | Taxable according to Income Tax Act, 1961 |
| Payment Time | Usually done within 8 months of the financial year | Usually done as per the time of employee performance review |
| Legal Requirement | Required if the company has more than 20 employees and is registered | Not mandatory by any legal obligation, the company may exercise it based on company goals |
| Objective | Done as per legal requirement, and for disbursing profits equally | Done to encourage employees |
There are usually 4 major ways by which statutory incentive can be paid to an employee. Here are they:
There are certain exceptions which must be mentioned:
A statutory bonus is the right of every employee, it needs to be claimed for any employee who meets the required eligibility criteria. This bonus forms a critical part of employee compensation, and is meant for providing the employee a means for improving better on the work. This blog critically focuses on areas such as the ways statutory incentive is paid, the eligibility to apply for it, and its types. Knowing in detail about this bonus can aid any employee to claim their equitable portion of compensation.
Your team may run into any health emergency, and can suffer a large cost due to that. Support from your organization can be invaluable to your employees. An employee wellness plan is the appropriate choice that you can make, as it includes a complete health coverage plan that can be extended to immediate family members. This plan offers multiple perks, including coverage for pre-existing disease, post hospitalisation expenses, room rent and maternity cover. To know more or for a personalised recommendation avail a free consultation from our insurance experts.
Income tax is applicable on statutory bonus as per Section 17, Income Tax Act, 1961. Although a statutory bonus is paid apart from the base minimum salary, it is still counted as a part of the salary which imposes income tax on it.
Statutory incentive is treated as a part of the Cost To Company (CTC). Because the company pays an employee a fixed remuneration every year as the base salary, this bonus is included in the CTC.
Statutory means anything mandated by legal legislation or enacted by a constituency. Statutory bonus hence means a bonus that is obligatory to be paid as per legal terms of the Central government.
Statutory incentive must be cleared within a time of 8 months from the closing of the accounting year.
Employees earning a remuneration less than or equal to ₹21,000 and have served a minimum of 30 days in a company are eligible for receiving the bonus.
Salary of gratuity is different from statutory incentive. Salary of gratuity is paid after an employee has worked in an organization for at least a period of 5 years. This is payable under Payment of Gratuity Act, 1972.
No, Central government employees are not eligible for receiving a statutory bonus. Only employees serving the private sector are eligible for receiving the bonus.
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