Hi
Need inputs on the below situation:
Employees of holding company in U.K are transferred to a subsidiary company in India. These employees enter into an employment contract with the Indian company. They are also on the payroll of the Indian company.
In such a case, if an expat employee completes 5 years and returns back to the holding company, whether Gratuity is payable?
Thanks in Advance
Technically 'Yes'...
Since they have a local employment contract during their work tenure in India, all employment regulations ie 'rights, benefits and liabilites' accrue to them.
Gratuity being one of the welfare benefit, the same would be 'due' to these employees on completion of their India assignment.
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Chirag P Shah & Co. Chartered Accountant
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