Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Puneet Bansal (CA)     06 July 2012

Gratuity eligibility

Dear Sir,

I was working with IT company in Bangalore from Feb2006 till June 2008(2 yrs and 2 months)

Then I was transferred to US branch of same company on permanent basis on L1 Visa, I was asked to terminate from india offfice and join US office which is a normal process of L1 Visa. I wroked in US from June 2008 till Sep 2010 ( 2yrs and 3 months). , During this time I was not getting India Salary as I was not in India office pay roll.

Then I again joined India Office and worked there from Sep2010 till June 2012 (1 yr and 9 months)

I have left the comapny now, Would I be eligible for Gratuity? As per company I am not because I was transferred to US. Please guide.



Learning

 1 Replies

Kumar Doab (FIN)     06 July 2012

You have posted that:

--"I was asked to terminate from india offfice and join US office". The termination was probably initiated by you by resignation and company must have accepted the resignation.

"I was working with IT company in Bangalore from Feb2006 till June 2008(2 yrs and 2 months)". This tenure of service does not make you eligible.

--"As per company I am not because I was transferred to US."

"Then I was transferred to US branch of same company on permanent basis on L1 Visa"

Do you have a copy of the letter of transfer? Has the company mentioned in any of the communication even if by email that you shall be deputed to US from period/date.......... to period/date.........? You shall need to build a ground and convince the employer or if you are able to establish merit and employer does not concede you may have to approach controlling authority which may be ALC/DLC in your case.

--Did the company provide any social security benefit to you in US?

Another employee has posted similar thread:

 

Forum Home > Business Law > > Re:Gratuity eligibility

 

At the following link:

https://www.lawyersclubindia.com/forum/Re-Gratuity-eligibility-59745.asp

You may go thru it.

PF and Gratuity are covered under Social Security Laws. The gratuity act is to benefit the employee and employer should on its own arrive on a conclusion which benefits the employee. If there are many employees in such a situation then employees should approach the employer(s) to take a favorable decision.

Valuable advice of learned experts/members is sought.

 

 


Attached File : 788471111 paymentofgratuityact(1).doc downloaded: 112 times

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