Gratuity in case of employee transferred outside India
This query is : Resolved
21 December 2009
Hi,
One of our employee has got transferred to our subsidiary in Singapore (group company)at the time of transfer he has completed 3.5 years with the company. He was completly shifted to Singapore i.e. the salary is getting paid from Singapore office in Singapore dollar.
Now, he wants to move out of the group company after completing 7 years with the group.
Please let me know, in this case the Gratuity is payable to employee?
If yes, then at which rate the gratuity should be paid, on the last drawn basic salary in India or last drawn salary at Singapore.
One of our employee has got transferred to our subsidiary in Singapore (group company)at the time of transfer he has completed 3.5 years with the company. He was completly shifted to Singapore i.e. the salary is getting paid from Singapore office in Singapore dollar.
Now, he wants to move out of the group company after completing 7 years with the group.
Please let me know, in this case the Gratuity is payable to employee?
If yes, then at which rate the gratuity should be paid, on the last drawn basic salary in India or last drawn salary at Singapore.
ANIL JANGID
(Expert)
21 December 2009
GRATUITY ACT APPLICABLE IF PERSON WORK IN INDIA CONTINUE 5 YR.,YOUR EMPLOYEE WORKED ONLY 3.5 YR IN INDIA THEREFOR AS PER GRATUITY ACT EMPLOYEE NOT LIABLE TO PAY GRATUITY.HOWEVER EMPLOYER HAVING WISH TO PAY VOLUENTRY,HE CAN PAY.
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