Am I Eligible for Gratuity After 5.3 Years with a Transfer to the US? Seeking Advice

I completed 4 years and 6 months in an establishment based in Chennai. Then, they transferred me to the United States, and I served 8 months there before resigning. I spent 5.3 years in that establishment. Am I eligible for Gratuity?

The company says NO.

Ask your company in writing why service in the USA is not counted for gratuity. Did they ask you for any agreement to serve for a longer period after you finished your USA tenure or did you leave prematurely? Notwithstanding that, to my mind, you are entitled to gratuity.

Dear,

Please let me know where you received your salary while working in the USA (in an Indian account or a company-opened account in the USA). When you left, did you inquire about your job conditions (salary, incentives, bonus, gratuity, etc.)? Also, did they change your date of joining when you started in the USA?

Thank you.

It does not matter whether you were working in India or in the U.S. If you were working in the same company for 5 years continuously, they are duty-bound to pay you gratuity.

Srinivas

As per my understanding, for the applicability of Gratuity, you should have worked for at least 4.8 years. It doesn't matter where you completed your duty/work as long as you are on the payroll of the same company.

(Please correct me if I am wrong)

Hi,

The same situation happens with our Director as well. He worked for 3 years in the India Office and another 3 years in the US office (receiving salary in the US account from the US branch office only), so he was not eligible for Gratuity.