Am I Eligible for Gratuity After 5 Years with a Company Split Between Two Countries?

Dear Sir, I have two queries on gratuity.

1. I joined on 1-SEP-2017 and am planning to leave on 31-AUG-22. Am I eligible to claim gratuity?

2. My company's HQ is in China. When I joined on 1-SEP-2017, there was no Indian subsidiary, and I was paid from HQ. In Oct-2019, an Indian subsidiary was established, and I was paid from the Indian subsidiary.

Please advise:

Firstly, am I eligible for gratuity?

Best Regards,

P.V. Sunil Kumar.

There are a few things to be made clear.

How many employees are there in your establishment?
Did you have an office in India when you joined in 2017?
Did you have continuous service in the company with each year of service contributing to at least 240 days in each year?

Only establishments having an office in India with at least 20 employees will be covered by the Payment of Gratuity Act. It is immaterial from which office, i.e., whether from the HQ in China or from the subsidiary company, you receive a salary, but what is important is that you should have received your salary in India for at least 240 days in each year. This shall also include any service abroad on any work arrangement as an extension of service in India.