Confused About Gratuity Calculation for Onsite Work? Need Clarification on Salary Basis

Gratuity Calculation Help Needed

I need help to calculate my gratuity with the following scenario: I joined in 2006 in India and after one year, I was transferred onsite and worked for 7 years, resigning while still onsite. Now, I have joined a local company here. When I emailed HR India to send me the gratuity details, they sent me the following calculation:

India Stay: April 2006 to April 2007: 1 Year

- April 2006 to April 2007: Last Salary drawn in April 2007 * 15/26 * Number of years

Abroad Stay: April 2007 to February 2014

- Last Salary drawn in April 2007 * 15/26 * Number of years

Problem

For the abroad stay calculation, they have considered the last drawn salary from India for the month of April 2007. As per my understanding, they should have considered the last salary drawn from abroad at the time of leaving, i.e., February 2014. Please guide me and let me know if there is any concrete law that clarifies this.

Thanks,

Yogita

For the calculation of gratuity, the last drawn salary (only basic and DA) is to be considered.

Check whether your gratuity is calculated based on the last drawn basic and DA or not.