Regarding gratuity applicable or not

Rajnish (Querist) 18 April 2015 This query is : Resolved
Dear Sir,

please take a note that, i am working in India company around 2 year.
after 2 year company transferred to Abroad and start work on abroad payroll.

also note that, company calculated full & Final settlement in India part and paid to me.

now i have completed in Abroad more 5 years on that payroll.

In this case i have applicable for gratuity. Please confirm and reply.

Thanking you in advance.

Regards
Rajnish

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Kumar Doab (Expert) 18 April 2015
Payment of Gratuity Act is silent of location and there is no wage ceiling.

If during the stay abroad the employer-employee relationship with Indian employer remained then Gratuity should be paid.

The FnF computed/calculated/processed/paid by Indian employer indicates that the relationship existed.

Has the employer declined to pay in writing and has it communicated any reason for declinature?

Exhaustive information would be required from your end.

Are you willing to share.

Reply to all points mentioned above.

Rajendra K Goyal (Expert) 19 April 2015
Rationally when the pay was disbursed as per foreign rules, gratuity is also based on foreign rules.

Guest (Expert) 19 April 2015
Depends solely on the terms & conditions of your transfer to foreign country and the law applicable there, if you have already been paid full and final for the part of your service in India.

So, better check the conditions of service in the concerned country and the law pertaining to that country. Service laws and rules differ from country to country.

If unable to make anything clear for yourself, you may better consult some service laws expert in person by sending your service related documents.