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A Vaidyanathan (Chartered accountant)     14 March 2018

Gratuity for employee on foreign assignment

I was employed with Indian company for 4.5 years from 19 Sep 2011 to 28 Feb 2016. I moved to Brussels on secondment for a period of 2 years from  1st March 2016 to 28 Feb 2018. As per the terms of the contract it was specifically mentioned that "While on assignment the terms and conditions of your employment with the Indian company will remain in effect and your employment will continue with the Indian company". WHile on assignment I was on the payroll of the Belgian Company.  In between the assignment I was offered a permanant contract at the end of my assignment, so I decided to remain back in Belgium. It was agreed between both the companies which are the same brand that my last day will be treated as 28 Feb 2018 and then I would automatically become a permanent employee in Belgium office.  Now when I have sent the exit forms, the Indian company refuses to pay any gratuity stating that the period in India will be counted only as 4.5 years and the assignment will not be considered as continous service. Also they are refusing to give any documentary proof of termination of my services with the Indian company. What is the recourse to this? Could anyone in the forum help me out? Any advice will be appreciated. 



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