Why No Law Covers This — and Why the Custom Still Holds
The Payment of Bonus Act, 1965 applies to every factory and to every other establishment employing twenty or more persons, setting a minimum bonus of 8.33% of wages and a maximum of 20%, subject to eligibility and wage-ceiling conditions. A private household employing a maid or a driver is not an establishment, so none of that reaches domestic work: there is no statutory minimum, no maximum and no enforceable claim. What fills the gap is custom, and it is unusually consistent across Indian cities — one month of salary at the main festival of the year, widely treated as the thirteenth month of an annual package rather than as a gift. There is a quiet coincidence in the numbers worth noticing: 8.33% is exactly one twelfth, so the statutory floor for covered employees and the household custom for uncovered ones landed on the same ratio by entirely separate routes.