Help On Non-payment Of Gratuity For Travelling Onsite

Dear All,
I had been working for an IT company in India and had completed 5 years of employment. Project required me to go onsite to Europe to coordinate the project during my last 1 and half years. I decided to quit my organization after 5 years of employment.
No where in the contract or company documents mentions that you will be deprived of your gratuity amount after working onsite.
One of the HR person talked to me on the phone stating 'You will not recieve the gratuity since you were working onsite.However he also agreed that its no where mentioned in the any contract.
So i had asked them to mention the same in writing in an email.
Could you guide me how to proceed further if they decline paying me the Gratuity amount?
Thanks,
Francis

Hi Francis,
I am in the same situation. Did you receive your Gratuity? If not, what action have you taken to obtain it? pls help me also to get my Gratuity.
thanks,
Manju.

If the act of working outside India was for the interest of the company, they can not treat it as break in service and therefore, you are entitled to get gratuity as per 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 interruption in service. I hope your case will be the former only because similar cases are discussed in this site itself many a times.
Regards,
Madhu.T.K

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

Hi
if your employment id remain same during this 5 year tenure
if you were being paid salary by same company
if there is no service break(ff)
if answer to above question is yes then you are eligible for gratuity.
Regards
Atul