Dear All
I have Few queries
1. If an employee has served an organoization for 3yrs in India and after that he is sent Abroad for an assignment to the sister firm in US and there he works for 2yrs, then would he be entitled for Gratuity under the provisions of the act.
2. If a person is HQed at A place and is sent on deputaion to place B for a period of say 6 months, then how would the leaves be calculated, whether that employee be covered under A place leave norms or B place leave norms for that period of 6 months.
Regards
Govil Nanda
From India, Delhi
10I have Few queries
1. If an employee has served an organoization for 3yrs in India and after that he is sent Abroad for an assignment to the sister firm in US and there he works for 2yrs, then would he be entitled for Gratuity under the provisions of the act.
2. If a person is HQed at A place and is sent on deputaion to place B for a period of say 6 months, then how would the leaves be calculated, whether that employee be covered under A place leave norms or B place leave norms for that period of 6 months.
Regards
Govil Nanda
From India, Delhi
Hi Govil
1. Legally, it is not mandate to give Gratuity for your first example. Because the employee has to leave the services with one entity and then been sent to the subsidiary company abroad. If it is deputation, it is eligible. In this case, the employee is not eligible for gratuity.
But it depends on the Company's Policy - whether the length of service is to be considered for the employees of subsidiary companies or associate companies, incase of internal changes.
2. Normally, any employee is governed by the Leave Rules & Regulations of the Unit, where he / she is posted. In your case, the employee is governed by the rules at place B, till such time he / she is been re-transferred to Place-A.
Hope this clarifies you.
Suresh
From India, Hyderabad
1. Legally, it is not mandate to give Gratuity for your first example. Because the employee has to leave the services with one entity and then been sent to the subsidiary company abroad. If it is deputation, it is eligible. In this case, the employee is not eligible for gratuity.
But it depends on the Company's Policy - whether the length of service is to be considered for the employees of subsidiary companies or associate companies, incase of internal changes.
2. Normally, any employee is governed by the Leave Rules & Regulations of the Unit, where he / she is posted. In your case, the employee is governed by the rules at place B, till such time he / she is been re-transferred to Place-A.
Hope this clarifies you.
Suresh
From India, Hyderabad
Hi Govil,
The answer to your query is as follows:
If the person was abroad and the monthly salary was being credited to his account by the indian entity then the experience is accounted as by the indian firm and hence the employee is eligible for gratuity.
For Your second query regarding leaves, please be informed that your employee is only eligible to the leaves in Place A and Place B respectively. The leaves cant be accrued and taken to the next place untill and unless the company policy says so.
Regards,
AJ
From India, Thana
The answer to your query is as follows:
If the person was abroad and the monthly salary was being credited to his account by the indian entity then the experience is accounted as by the indian firm and hence the employee is eligible for gratuity.
For Your second query regarding leaves, please be informed that your employee is only eligible to the leaves in Place A and Place B respectively. The leaves cant be accrued and taken to the next place untill and unless the company policy says so.
Regards,
AJ
From India, Thana
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc