Facing Gratuity Issues After Onsite Work in Europe: How Should I Proceed?

Dear All,

I had been working for an IT company in India and had completed 5 years of employment. The project required me to go onsite to Europe to coordinate the project during my last 1 and a half years. I decided to quit my organization after 5 years of employment.

Nowhere in the contract or company documents does it mention that you will be deprived of your gratuity amount after working onsite. One of the HR persons talked to me on the phone stating, "You will not receive the gratuity since you were working onsite." However, he also agreed that it's nowhere mentioned in any contract. So, I asked them to mention the same in writing in an email.

Could you guide me on how to proceed further if they decline paying me the gratuity amount?

Thanks,
Francis

Hi Francis, I am in the same situation. Have you received your gratuity? If not, what action have you taken to obtain it? Please help me also to get my gratuity.

Thanks,
Manju.

Gratuity Entitlement for Overseas Work

If the act of working outside India was for the interest of the company, they cannot treat it as a break in service. Therefore, you are entitled to receive gratuity as per the law. On the other hand, if there existed an understanding that you took it for your personal interest with a higher salary and came back to join the parent company, your absence in India will be regarded as an interruption in service. I hope your case will be the former only because similar cases are discussed on this site itself many times.

Regards,
Madhu.T.K

Once you complete 5 years of service, you must receive your gratuity. You have mentioned that you have worked for a complete 5 years. During these 5 years, whether you were working onsite or at some other place does not take away your right to earn the gratuity. Gratuity is not connected with the place of work; it is connected only with one fact - whether you have completed 5 years of continuous service with one company or not.

If your employment ID remains the same during this 5-year tenure, if you were being paid a salary by the same company, and if there is no service break, then you are eligible for gratuity.

Regards,
Atul