Eligibility Rule On Gratuity Payout! - CiteHR
Nathrao
Insolvency N Gst Professional
Rajans68
Consultant
+2 Others

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I did complete 4 years and 6 months in an establishment based out of Chennai and then they transferred me to United States and then served 8 months there and resigned. Totally 5.3 years in that establishment. Am I eligible for Gratuity?
Company says NO.

Ask your company in writing why service in USA is not counted for gratuity?
Did they ask you for any agreement to serve for longer period after you finished your USA tenure or di you leave prematurely?
Not withstanding that -to my mind- you are entitled for gratuity.

Dear,
Let me know where were you getting salary when were working in USA (in Indian Account or company opened an account in USA)? When you left from here did you ask them about your condition for job (Salary, Incentives, Bonus, Gratuity & so on? When you joined in USA did they change you DOJ?

It does not matter whether you were working in India or in the U.S. . If you were working in the same company for 5 years continuously they are duty bound to pay you gratuity . Srinivas
As per my understanding, for applicability of Gratuity you should have work at least for 4.8 yrs. No matters where you had completed your duty/work as you are on the roll of the same company.
(Please correct me if i m wrong)

Hi,
The same situation happens with our Director as well. He worked 3 years in India Office and 3 years in US office (he was getting salary in US account from US branch office only) so he was not eligible for Gratuity.

Seek a clarification from local Labour commissioner about this matter.
Logically speaking whether you serve in India or abroad for same company,on completion of five years continuous service,you are entitled to gratuity.

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