Hi , Am I eligible for gratuity... Joined in India : 02-Nov-2015 Transferred to onsite : 09-Mar-2020 Transferred to India : 09-Feb-2023 and continuing 8yrs service now..
Hi i am not from Taxpuram team and this seems to a basic question on Gratuity and hence answering it: See as per Payment of Gratuity act, Gratuity is payable if you are there on a continued service for 5 years with your employer (or such lesser number of years if your employer has specific policy for the same). However this continuous period of 5 years rule has some exceptions such as Death of the employee in such cases this 5 year service rule not applies. Also a general practise in IT industry is that they remove/ relieve you from your Indian payroll (i.e. you are relieved from your erstwhile indian employer rolls when you are put on a onsite and you are inducted in the rolls of the foreign employer from the date of onsite) and when you join back again you are inducted as new employee with new date of joining in india, in such case your 5 year rule will start from such new date of joining as such. However if your company has sent you only on a deputation and you continued on the rolls of your indian company (ie.., your indian company bills his counterpart onsite employer and paid you even when you were out of india) then your 5 year rule will be counted from the initial Date of joining itself. (but this doesn't happen in most of the cases). And to conclude, it requires to read the contract of your employment, your onsite mechanism followed to arrive at the conclusion. If you need any further assistance then do reply back with your E-mail and contact details for us to reach you. Thanks.
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Useful information sir 🙏
Hi , Am I eligible for gratuity...
Joined in India : 02-Nov-2015
Transferred to onsite : 09-Mar-2020
Transferred to India : 09-Feb-2023 and continuing 8yrs service now..
Hi i am not from Taxpuram team and this seems to a basic question on Gratuity and hence answering it:
See as per Payment of Gratuity act, Gratuity is payable if you are there on a continued service for 5 years with your employer (or such lesser number of years if your employer has specific policy for the same). However this continuous period of 5 years rule has some exceptions such as Death of the employee in such cases this 5 year service rule not applies. Also a general practise in IT industry is that they remove/ relieve you from your Indian payroll (i.e. you are relieved from your erstwhile indian employer rolls when you are put on a onsite and you are inducted in the rolls of the foreign employer from the date of onsite) and when you join back again you are inducted as new employee with new date of joining in india, in such case your 5 year rule will start from such new date of joining as such.
However if your company has sent you only on a deputation and you continued on the rolls of your indian company (ie.., your indian company bills his counterpart onsite employer and paid you even when you were out of india) then your 5 year rule will be counted from the initial Date of joining itself. (but this doesn't happen in most of the cases).
And to conclude, it requires to read the contract of your employment, your onsite mechanism followed to arrive at the conclusion.
If you need any further assistance then do reply back with your E-mail and contact details for us to reach you.
Thanks.
Insightful info sir.