Please refer below the relevant points and guide what is the solution for employee and employer:
> Foreign deputation period exceeds 5 years.
> employee was paid salary both in India and also in overseas.
> While resigning / transfer back to India, foreign country has gratuity payment obligation.
> whether in foreign country as per that country regulation, gratuity should be paid in overseas irrespective of their continuous employment with Co in India after return to India.
Please inform relevant caselaws or examples in which case gratuity is paid in overseas salary in overseras country though he will continue to work in India in same co.
