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Saril (manager)     16 May 2013

Gratuity under same mgmt

Hi All,

I joined my organization in 2003 in India and 2012 got transferred to the corporate office of the same organization in US permanently. i got my full and final settlement from my indian company.  The organization in India has not paid my gratuity saying that i am still with the company but also said that if i resign from the organization in US itself then i will be paid gratuity only for the servie period in India (2003 - 2012).  Is that right,  Am i not losing for the service period in US.  Appreciate your quick response.

 

Regards

 



 1 Replies

Kumar Doab (FIN)     16 May 2013

 

 

You joined a company in India. It should have registered in India and probably appointment letter, salary, pay slip, PF accumulation/account slips/ESIC/ Group Insurance etc to you is also issued in India.

 

The Payment of Gratuity Act is silent on location. If there is no change in status of the employer it may not matter the salary is computed in India or somewhere else…..and Gratuity may be payable……….

 

FNF statement is issued post resignation/separation. If FNF has been issued Gratuity could have been also included in it.

 

You have posted that you are being transferred by a transfer order issued by company registered in India. FNF and simultaneous transfer is not understood.

 

If you have not separated then the tenure in US may be period of foreign service and compnay’s printed rules on PF and Gratuity during foreign service may be obtained and studied.

 

Is the company offering any social security benefits in US?

 

 

India has signed Social Security Agreements (SSAs) with Belgium, France,Germany (social insurance for posted workers only), Switzerland, Luxembourg, the Netherlands, Hungary, Denmark, the Czech Republic, Republic of Korea, Norway, Germany, Finland, Canada, Japan, Sweden, Austria and Portugal.

 

 

 

There are similar threads at following links:

 

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UZTKnKKAqWM

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=67376&offset=1#.UHE68mcWrts

 

 

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

 

You may go thru these.


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