Am I Entitled to Gratuity and Leave Encashment After Transferring Abroad? Seeking Legal Advice

Dear All,

I worked in a company for 5 years and 9 months in Hyderabad and then transferred to the US. I then worked with the US unit for about 2 years & 6 months and then resigned from the US unit and joined another company in the US. I also sent my resignation letter to the Hyderabad unit to claim my gratuity and leave encashment, but they are saying they can't encash my benefits as I didn't complete the Hyderabad unit resignation process.

Note that I didn't have any commitment with the Hyderabad unit when I transferred to the US.

PLEASE LET ME KNOW if I'm eligible for payment of gratuity & leave encashment. If so, how do I legally proceed to claim my benefits.

My ex-employer took 2 months and responded, saying I'm not eligible to encash my benefits.

I feel very sad to see this response from my ex-employer after working with them for 8 years. I just want to share with you that they didn't even respond to my PF query till today, but I'm not worried about this as the money is with the Govt.

I thank you all.

Dear Mr. Reddy,

You are supposed to receive gratuity as you have completed 5 years of tenure with the company upon leaving the organization. Before initiating legal proceedings, write a letter to your employer stating the facts and indicating the option of opting for legal remedies available under the Payment of Gratuity Act in case of no response.

Legal Process: File a complaint with the local Controlling Authority under the Payment of Gratuity Act (normally the Assistant Commissioner of Labour in the respective area).

Regards,
ACCHR