Gratuity Eligibility - Should duration of servoce abroad be considered?

5 years ago

I have worked for an organization from May 2007 to Nov 2011 in India. Then I moved to USA on L1 Visa (Internal Transfer) and continued to work for the same organization until Sep -2014. Then I switched on to H1B Visa and continued to work for them until Dec 2015. I left my job while I was on US payroll. (Note: During the entire duration of my job in USA...I was paid on US payrolls). After leaving the organization they have not paid me gratuity.
I am assuming my 4.5 years of service in India and service in USA during L1 Visa period (2 years and 10 months) should be considered to decide if I am eligible to receive gratuity. But they can pay me gratuity only for the time period I have worked in India. (I am assuming L1 period should be considered because that is an internal transfer).
Please let me know my assumptions are correct and if I am eligible for Gratuity.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.If you work continuesly for 5 years then you are entitled for gratuity.but in some cases it could be entitled in 4 years 9 months service periode also.

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ROBERT D ROZARIO

Responded 5 years ago

A.Once you have left the country, even on internal transfer, your employment is no more governed by the Indian Law but US law. To be eligible for gratuity, your employment should be for 5 years or more. However, this condition of 5 years service has a small relaxation. An employee in India would also be eligible for the gratuity where his employment period was for 4 years 240 days of continuous service. If you need further assistance you may contact me.

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Rajeev RJ

Responded 5 years ago

A.You should compete 4 years and 9 months then only you will be entitled to gratuity .

Regards

rajeev
RJ Associates
Trivandrum

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Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers

A.Dear Sir,
An employee is entitled for gratuity if he worked continuously more than 5 years. If you share more details exactly guide you.

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