Legal Question in Employment Law in India
Gratuity eligility in case of intra company transfer
Hi, I have joined a multi national company in Apr 2001 and served till Aug 2007 (around 6 years) during this period I was asked to serve out of my US facility (travelled on L-1 visa) during the periods of Nov 04 till Aug 05 & Jun 06 till Jul 07. After my resignation, my HR says that I am not eligible of Gratuity. Why is my travel to US be considered as break when I am working for the same firm. Please answer. Is there a way so that I can go back to my HR with some evidances / laws.
1 Answer from Attorneys
Re: Gratuity eligility in case of intra company transfer
It may depend upon terms of your employment. You may approach the authorities under the Payment of Gratuity Act for appropriate action; and they may determine your eligibility and liability of the employer.
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