krish.s.gopi
I completed 4 years and 6 months in an establishment based in Chennai. Then, they transferred me to the United States, and I served 8 months there before resigning. I spent 5.3 years in that establishment. Am I eligible for Gratuity?
The company says NO.

From United States, San Jose
nathrao
3131

Ask your company in writing why service in USA is not counted for gratuity?
Did they ask you for any agreement to serve for longer period after you finished your USA tenure or di you leave prematurely?
Not withstanding that -to my mind- you are entitled for gratuity.

From India, Pune
sandi_joshi
42

Dear,
Let me know where were you getting salary when were working in USA (in Indian Account or company opened an account in USA)? When you left from here did you ask them about your condition for job (Salary, Incentives, Bonus, Gratuity & so on? When you joined in USA did they change you DOJ?

From United Arab Emirates, Dubai
rajans68
12

It does not matter whether you were working in India or in the U.S. . If you were working in the same company for 5 years continuously they are duty bound to pay you gratuity . Srinivas
From India, Hyderabad
Roal R
As per my understanding, for applicability of Gratuity you should have work at least for 4.8 yrs. No matters where you had completed your duty/work as you are on the roll of the same company.
(Please correct me if i m wrong)

From India, Mumbai
suman_yadav
1

Hi,
The same situation happens with our Director as well. He worked 3 years in India Office and 3 years in US office (he was getting salary in US account from US branch office only) so he was not eligible for Gratuity.

From India, Gurgaon
nathrao
3131

Seek a clarification from local Labour commissioner about this matter.
Logically speaking whether you serve in India or abroad for same company,on completion of five years continuous service,you are entitled to gratuity.

From India, Pune
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