Company denying gratuity while transferring to US

[User_1c514d97]

U

User_1c514d97
PARTICIPANT
May 8, 2026 at 8:00 am

I have completed 4 years and 1 month in my current company and they are transferring me to the US entity. The company in India is a wholly owned subsidiary of US entity. Now they are moving me onshore to US on L1 visa and they are denying me gratuity saying I am not eligible as per 4 year 240 days rule. I want to know the nuances around this and what is the legal scenario here?

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[User_0e88a65d]

U

User_0e88a65d
PARTICIPANT
May 8, 2026 at 8:17 am

The nuance is that the company is correct
You will cease to be on the payroll of the Indian company – they will do a full & final settlement for you, that includes leave encashment, PF and gratuity if applicable.

you can refuse to take the transfer.

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