Labour Law & Hr Consultant
Director - Hr
Asso.prof.(commerce & Management) Pg
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I am not aware of the U.S legal provisions relating to gratuity of employees. Since your transfer from ABC INC to its Indian counter part ABC INDIA pvt Ltd and back shows the fact that you are an employee of the US Undertaking. Your entitlement to gratuity depends on the US Law if any relating to gratuity and the terms of contract between the two companies regarding transfer of employees between them.
Presumably your Appointment/Transfer order should tell you the Terms & conditions of your service benefits, compensation package etc. Your case is a unique one, serving here and there that too with different entities located at different countries. Indian Laws applicable only within India and I don't think you'll have any clue from these legislations. Even if presuming that your entire service were to be in India I don't think you'll be eligible for a gratuity payment under the Payment of Gratuity Act as I believe your emoluments could easily surpass the limits provided in the Act. I may suggest that instead of searching for opinions here you should either address this issue to them/discuss with your HR who dealt your career or take suggestions from your colleagues who left under similar circumstances. Still I have nothing to suggest you either to continue or quit under this pretext for the simple reason that one cannot decide the future career only on gratuity aspect alone as there are clinching factors also to be looked into. May be the period (1.6.2011 to 1.9.2011 ??) during which you were working in India with an India incorporated co. could account for this issue remotely as I doubt whether you completed the qualifying service as per PGA. In all probability some clarity could emerge when you would address your queries to your employers in India and in US.