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Peers,

Can someone give me a extract of the gratuity act and the exact definiation of continous service defined under the Act.

In my organiztion we have Associates travelling to other regions (outside India) where there payroll is different or in other words India Laws are not applicable to them till they come back to India physically and once they come back to India if they resign will they be eligible for Gratuity.

Example -

If a Associate named "Edward" has joined the company in year 2000 (he is in India Payrolls / Indian Laws now) and in year 2004 he travels to Onsite (where the payroll is changed so is the laws) and comes back to india in year 2007 and resigns (breakage of continous service happended) while his exit he claims for gratuity however due to breakage of continous service (during 2004-2007 india laws are not applicable to him) should the gratuity be paid or not?

From his date of joining Edward has completed his 7 year of service with the organization however as there was a breakage in continous service of 3year in between due to which Edward might have to loose Gratuity.

Can someone help me with solving this problem also it would be icing on the cake if the justifications are provided with sections or any thing related to Act is provided to me by my CiteHR Family members.

From India, Pune
The bare act in PDF format is attached for detail Regards.
From India, Nasik
Attached Files (Download Requires Membership)
File Type: pdf gratuity_431.pdf (74.5 KB, 719 views)

sooner or later, you would have faced this situation...
now to solve it, move on to the other side ie employee's arena...
if any employee were to go abroad, why would he sacrifice his social security in the home country.
there is another reason for the above, an employee pays for social security abroad but receeives no benefits.
indians are contricuting apprx 2 billion $ every year but recv no bnefeits abroad....
surya

From India, Delhi

Dear Friend,
Although I am unable to give the exact information you require, Kindly click on the following link, it will give you some required information,
https://www.citehr.com/search_new.ph...ity+&submit=Go
Pls let me know was this information useful,,
If not let me try out more & give information,,,,
In CiteHR you will get A to Z information on HR…..
Regards
M. Peer Mohamed Sardhar
093831 93832

From India, Coimbatore
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