Umakanthan53
Labour Law & Hr Consultant
RAHUL KUNWAR
Labour Law Advisor

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Dear All, Please share your views on applicability of Gratuity payment to international workers. Does the calculation differ from Indian employees. Appreciate your early revert.
From India, Chennai
Dear Amanullah,
I think it depends on the organization in which the particular international worker is employed. For example if an Indian Company employs a foreign national in its international operations, the gratuity may be as per the Payment of Gratuity Act, 1972 or as per the special and specific terms of the contract of employment between the two.

From India, Salem
Dear Umakant ji,
If Indian Employee deployed out of India, he resigned from there only, then as part of calculating Full & Final settlement & gratuity payment, we need to understand which wages should be considered for paying gratuity. Should we calculate gratuity based on his last basic salary of India OR of respective country

From India, Kolkata
Dear Rahul,
Strictly speaking, the actual wages last drawn irrespective of the place of posting has to be taken into account for gratuity calculation. However, if there is any specific clause in the on-site agreement for converting the salary to parent country's corresponding scale in case of termination of employment while serving abroad, I am of the opinion that such a term will prevail over.

From India, Salem
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