rajhans
Hi, I have worked for Indian based company for 7 years, and then was transferred to their UK based company on a company-sponsored visa, my UK employment contract says that my services to their UK based company are in continuation to my services to Indian base company, In total worked have served both the companies for 14 years, will I be eligible for rightly earned Gratuity.

Thanks

From United Kingdom, Isleworth
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Nanu1953
Ceo-usd Hr Solutions
Rajhans
United Kingdom

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umakanthan53
5940

Dear Rajhans,

Kindly check whether there is any law relating to payment of Gratuity as a terminal benefit in the U.K or any specific term in your contract of employment with the U.K company binding them to pay Gratuity for the service rendered in India.

In my opinion, in the absence of statutory Gratuity in the U.K, you can claim Gratuity for the service rendered in the Indian outfit.

From India, Salem
nanu1953
288

What Mr. Umakanthan has been mentioned, I would like to add the following.

1. Are you receiving Indian remuneration with all facilities and at UK you are receiving Expat allowance and some other facilities - Housing, car etc. In that case you should get gratuity for 14 years.

2. If your Indian remuneration has been stopped and you are receiving remuneration from UK, then it is a complex situation. If you have not settled your F & F at India including Gratuity earlier and if it is mentioned in your service contract that it is continuation of service, then you may claim.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

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From India, New Delhi
Ulhas_Divekar
2

Hi Rajhans,
As you said that after 7 years of service you were transferred to their UK based company, whether said company is a group company or subsidiary? Whether your FnF has been processed? Whether any clause mentioned in your appointment or transfer letter that your services with UK based company will be considered for gratuity? Why not you were paid gratuity while transferring your services? your transfer is based on deputation or with any other condition?
Answer of these question will help us to provide proper feedback.

Regards,
Ulhas Divekar

From India, Pune

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