LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MR Hunters (IT Professional)     25 October 2010

Gratuity Query

Dear Sir,

I've been working with an IT Organisation for the past 11 years.  I've resigned from the services and wanted to know if I'm eligible for the payout of Gratuity.  Currently I'm serving the notice period.

Data points:-

  1. Joined the India based Organistaion (say 'XYZ India Ltd')  in June 1999
  2. Moved to work at Client's location in UK in August 2002.  The contract / transfer letter doesnt clearly state if its a transfer or deputation.  There is a reference to the term 'deputation'.
  3. All I know is,  XYZ UK Ltd was the employer.  Its the India based organisation's UK entity.  There is no break in employment with the organisation.
  4. During this period in UK (8 years) I didnt receive salary or any allowance in India, but received salary in GBP.
  5. In essence, I'm still part of the global organisation for the past 11 years (worked in India & UK).
  6. I resigned in UK
  7. I know that I can get my PF paid-out.
  8. There is no reference to Gratuity in the 'contract letter' i was issued whilst I moved from India to UK.

 

Please advise how to put forward my case with my HR, so I receive the Gratuity.

 

What I hear from my India based HR is,  as I resigned in UK I'm not eligible for gratuity.   Please advise if this explanation is correct ?

 

Many thanks

ps: I didnt mention the Organisation name, hope you'll appreciate the obvious reasons behind this.



Learning

 1 Replies

V. VASUDEVAN (LEGAL COUNSEL)     25 October 2010

More information would be required for advice. Brief of terms of the transfer - Any reference for protection existing benefits during the period transfer/deputation period. Extract of terms of the letter of transfer (you may like

to blank out any reference to the company name) may be provided.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register