Peers,
Can someone give me a extract of the gratuity act and the exact definiation of continous service defined under the Act.
In my organiztion we have Associates travelling to other regions (outside India) where there payroll is different or in other words India Laws are not applicable to them till they come back to India physically and once they come back to India if they resign will they be eligible for Gratuity.
Example -
If a Associate named "Edward" has joined the company in year 2000 (he is in India Payrolls / Indian Laws now) and in year 2004 he travels to Onsite (where the payroll is changed so is the laws) and comes back to india in year 2007 and resigns (breakage of continous service happended) while his exit he claims for gratuity however due to breakage of continous service (during 2004-2007 india laws are not applicable to him) should the gratuity be paid or not?
From his date of joining Edward has completed his 7 year of service with the organization however as there was a breakage in continous service of 3year in between due to which Edward might have to loose Gratuity.
Can someone help me with solving this problem also it would be icing on the cake if the justifications are provided with sections or any thing related to Act is provided to me by my CiteHR Family members.
Can someone give me a extract of the gratuity act and the exact definiation of continous service defined under the Act.
In my organiztion we have Associates travelling to other regions (outside India) where there payroll is different or in other words India Laws are not applicable to them till they come back to India physically and once they come back to India if they resign will they be eligible for Gratuity.
Example -
If a Associate named "Edward" has joined the company in year 2000 (he is in India Payrolls / Indian Laws now) and in year 2004 he travels to Onsite (where the payroll is changed so is the laws) and comes back to india in year 2007 and resigns (breakage of continous service happended) while his exit he claims for gratuity however due to breakage of continous service (during 2004-2007 india laws are not applicable to him) should the gratuity be paid or not?
From his date of joining Edward has completed his 7 year of service with the organization however as there was a breakage in continous service of 3year in between due to which Edward might have to loose Gratuity.
Can someone help me with solving this problem also it would be icing on the cake if the justifications are provided with sections or any thing related to Act is provided to me by my CiteHR Family members.