Section 31A: End of year bonus

31A. End of year bonus (1) Where a worker remains in continuous employment with the same employer in a year, the worker shall be entitled at the end of that year to a bonus equivalent to one-twelfth of his earnings for that year. (2) Every worker who— (a) takes employment during the course of a year; (b) is still in employment as at 31 December in that year; and E9B – 21 [Issue 7] Employment Rights Act (c) has performed a number of normal days’ work with that employer, equivalent to not less than 80 per cent of the number of working days, during his employment in that year, shall be entitled at the end of that year to a bonus equivalent to one-twelfth of his earnings for that year. (3) A sum amounting to 75 per cent of the expected bonus specified in subsections (1) and (2) shall be paid to the worker not later than 5 clear working days before 25 December of that year, and the remaining balance shall be paid to him not later than on the last working day of the same year. (4) For the purpose of subsection (2), every day on which a worker— (a) is absent with the employer’s authorisation; (b) reports for work but is not offered work by the employer; or (c) is absent on grounds of— (i) illness after notification to the employer under section 28 (4) (a); or (ii) injury arising out of and in the course of his employment, shall count as a working day. (5) In this section— “earnings”— (a) means basic wages; and (b) includes— (i) wages earned for overtime under section 16; (ii) wages paid under sections 17, 24, 27 (1), (2), (2A) and (3), 28, 30 (1), (4) and (5)(a) and 31; and (iii) any sum of money, excluding commission, by whatever name called, paid to a worker, in respect of any work performed by him, in addition to the basic wages agreed upon between him and the employer and which is related to productivity. [S. 31A inserted by s. 14A of Act 6 of 2013 w.e.f. 11 June 2013; s. 13 (d) of Act 27 of 2013 w.e.f. 21 December 2013.]