I am a foreign employee working for a multinational in India currently.

I joined my country in 2012 completed 4 Y 6 months and about 20 days there and moved to India in 2017 as an intercompany transfer.
I didn't resign from the subsidiary in my country. Gratuity is available in my country too.

Now after completing 5Y and 6 months in India I will be resigning from the Indian subsidiary to join another subsidiary of the same MNC in a different country (other than India or my country). This new country does not have gratuity.

Am I eligible for 10 years of gratuity?
How will my gratuity be calculated, please advice

From India, Coimbatore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management

The Indian law will only apply to the period you worked for the Indian subsidiary.
SO the Indian company is liable to pay you gratuity since you worked for more than 5 years.

With regard to the main / parent company, you need to check with the laws applicable to that country to find out how much gratuity (if any) you are eligible for. Since you have not shared any details of the same, I can not comment further.

From India, Mumbai

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