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ashok (test)     14 September 2010

Gratuity Eligibility

Hi,

I am working in a software compay since May 2004 (still working in the same company with same employee id.). In June 2008 I went to onsite for a period of six months. Now company was telling me that you are not eligiable for Gratuity becasue  you have moved to onsite. Plese any body clarifiy me on this is this correct?

Thanks in advance.

 

  



Learning

 7 Replies

V. VASUDEVAN (LEGAL COUNSEL)     14 September 2010

please clarify the concept of "onsite" and during this onsite period were you still under the roll of the original employer and paid by the said employer

ashok (test)     14 September 2010

I went to US on deputation and returned back. During this onsite time indian salary freezed and given US salary. I am still under the rolls of the same company and having the same employee id after returning back. After returning back they have started giving indian salary.  Now I am going to finish 6 3 years in this company.

V. VASUDEVAN (LEGAL COUNSEL)     14 September 2010

Deputation is with full service continuity and all attendant benefits including PF/gratuity etc., However, cant understand why the issue gratuity arose while you are still in service!

ashok (test)     14 September 2010

They have stopped giving Indian salary( which means no PF in India). Company was telling me that you are not eligiable for Gratuity even though after completing 6.2 years. They were telling me that at a stratch not completed 5 year in Indian payroll.  My employee id not chnaged after coming back from US. Still having the same employee id.  I just want to know is there any clause like this in Gratuity eligibility.

Thanks for your help.

V. VASUDEVAN (LEGAL COUNSEL)     15 September 2010

On the facts of the matter, you are certain entitled for gratuity. Your service was not broken and it continued.

Deepak Kumar Vasudevan ((Confidential))     16 September 2010

I believe you would need consult a lawyer for more clarity. For trips less than an year organizations don't deprive you the indigenous benefits  unless they are basically unscrupulous in nature.

ashok (test)     16 September 2010

Thanks for the information and advises.


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