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
From Sweden, Sundbyberg
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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
From Sweden, Sundbyberg
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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
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Thanks and Regards,
Ramana
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Less than 5 years service - Eligibility for payment of gratuity.pdf
Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx