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seekingadvice   16 October 2023

Gratuity eligibility - relocation from overseas unit to indian unit

Hi, 

This is about an international MNC xxx operating in multiple countries. I was first employed in their foreign unit for about 1 year. 

Then I got a full transfer / relocation to their Indian unit (xxx LLC -> xxx India pvt ltd). 

I have completed 4 years in India, but including the international assignment, it's more than 5 years of service. 

Also, I was working from India for a few months continuously prior to my transfer to the Indian unit (while still on foreign payroll) , so the total time period working from India is actually more than 4 years and 240 days, which is the requirement for gratuity in my company. 

Is gratuity applicable for me if I leave now, based on 

1) The total continuous service to the xxx group is more than 5 years

2) The time spent actually working in indian office (documented well) is greater than 4 years 240 days? 

 

Thanks. 



Learning

 1 Replies

Dr. J C Vashista (Advocate )     17 October 2023

Place of posting (domestic or abroad) do not affect for calculation of gratuity


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