Am I Eligible for Gratuity After an Overseas Transfer? Seeking Advice on My Situation

Hi, I worked for a company in India from Jan 2005 to Dec 2011. From Sep 2009 to Jan 2009 (4 months), I was transferred to the UK location of the Group company on an intra-company transfer work permit visa. I worked there till Jan 2009 and then moved back to India to the parent company.

When I asked my company about the gratuity amount, they are saying I am not eligible for gratuity as I don't have continuous 5 years of service in India. I feel that I should be eligible for gratuity as I have served the company for more than 6 years (6 years 7 months) from the India location.

Please let me know:

1. Am I eligible for gratuity at all?
2. If I am eligible, would I be paid gratuity only for my India service?

Thanks, Kumaresh

Hi Kumaresh, Yes, you are eligible for gratuity as the organization has requested you to work onsite, and you are still part of the organization. Your transfer is intra-company only. You are eligible for offshore gratuity based on the days worked offshore.

Thanks and Regards,
Ramana

The conditions under which you were transferred/sent to the on-site workplace need to be considered in order to address the issue you have raised.

With regards,