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Rachit (Sr. Consultant)     04 July 2011

Gratuity for Overseas return employees

Hi,

I joined a subsidiary of Indian MNC overseas and after serving for 4 years took transfer to Indian base location branch. Here have completed 2 years further and that accounts to 6 years with the firm. Last year company (Indian office ) has provided with 5 years certification as well. But when comes to gratuity, the standpoint is that I have not completed 5 years on Indian payroll. People who go overseas on deputation are still on indian payroll with minimal basic and still eligible.

Understand, gratuity calculation is done based on current basic salary drawn on indian payroll. Need to know for same company, and at present in their payroll with 6 years of serving (2 in India currently) would I still be non eligible for gratuity?

Kindly advise. Thanks.



Learning

 2 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     10 July 2011

Hi Rachit,

 

Just send a lawyer notice asking your gratuity. They cant rebut it since you hold the 5yr completion certification from their side.

Rachit (Sr. Consultant)     11 July 2011

Hi Mr Sanjeev.

Many Thanks. Just need to further check on below:

Since gratuity is policy by Indian government, is there any policy or legal clause that the said 5 year term should be completed on Indian payroll?
 As this is the reason given by the company HR executive. Also, need to confirm if company can have it's own policies to impose on employees.

Thanks & regards,

Rachit.


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