Sujit 14 December 2017

Gratuity relatedissues

Dear Sir/Madam I,Sujit Kumar Dash, request you to guide me on the procedure/eligibility for claiming Gratuity under Gratuity Act with my following employment details: 1. Joined, M/S. Geoffpalm Limited, incorporated in Malaysia and posted in Sierra Leone ( West Africa ) on 1st March 2013 to 31st December 2015. 2. The above company, M/S. Geoffpalm, is a group company of Siva Group, Chennai. 3. Transferred to Indian operations wef from 1st January 2016 and employed under M/S. Siva Business Management Services Private Limited at its offices in Chennai and mumbai till date. As seen above i have completed 4 years and 8 months in the group entities,Can you please let me know whether I am eligible for Gratuity as i have completed 4 years and 8 months under Siva Group as a whole. Also requesting you to please let me know if my company can voluntarily consider my earlier employment period into consideration and pay Gratuity accordingly. Thanks and Regards Sujit Kumar Dash +917338804560

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Kumar Doab (FIN) 15 December 2017

The Payment of Gratuity can be claimed in accordance with contract of employment/agreement that was signed with you and enactments that apply in such case.

The Payment of Gratuity Act,1972 is Indian enactment and may apply in your case if establishment in India had employed you.

The enactment is silent on location/workstation/HQ town of employee assigned by employer.

The transfer/deputation are part of service conditions and if establishment in India placed/ transferred/deputed you abroad then as per T&C of the service conditions/social security benefits provided to you, the establishment may agree to pay you the Gratuity.

You are right upto the extent that establishment can offer better terms of Gratuity and nothing in the section affects the rights of employee to get better terms of Gratuity..