Legal Question in Employment Law in India

Hi,

I am working in Amsterdam, Netherland at XYZ NV. I came here in June 2015 based on an Assignment Contract between XYZ NV and ABC (P) Ltd. ABC (P) Ltd in India happens to be a subsidiary of XYZ NV. I was working with ABC (P) Ltd since Nov 2011 before getting transferred to Amsterdam.

I have received a Certificate of Coverage from EPFO Bangalore and my PF contribution in India is being paid by ABC (P) Ltd. I receive my salary from XYZ NV directly into my salary account in a local bank here in Amsterdam.

My question are a under -

1. Am i eligible to get Gratuity after having completed 5 years of service, out of which 2 years would be as an International Worker here in Netherlands?

2. If the answer to Que1 is 'Yes', on which salary will the gratuity be calculated? Last drawn salary in India or my current salary here in Netherlands?

Anticipating a prompt response.

Best Regards

A


Asked on 10/28/15, 6:32 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.10.2015

Dear Sir / Madam,

If XYZ, NV is not an Indian company, since you are employed by them in Amsterdam, you are not earning salary in Indian Rupees and are hence not entitled to Gratuity on completion of five years. However, if in the future your assignment with XYZ, NV is completed and you are transferred back to ABC (P) Ltd in India and the total duration of your service exceeds five years, you remain entitled to Gratuity from ABC (P) Ltd. in India. Salary for this purpose will be your latest salary drawn at ABC (P) Ltd, on your return back to India. If you remain permanently with XYZ. NV in Amsterdam, their rules for Gratuity benefit as per the terms and conditions of your Appointment and the local rules will apply.

Regards,

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Answered on 10/28/15, 7:43 am


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