Gratuity Payment On Transfer To A Group Company

Hi,
Please suggest on Gratuity rules in case of transfer to a group company outside India. what is the minimum working period for Gratuity payment 5 years or 4 years 210 days.
Thanks & Regards,
Rajiv.

Hi Govind,
Thank you for your response. To explain further, I joined in June 2007 and likely to get transferred within the company outside India in Jan 2012.
I would like to know if I will still be eligible for the gratuity payment. Especially since it is the same company in a different country.
Thanks & Regards,
Rajiv.

Dear Rajiv,
Since you are not completing 5 yrs of service or 4 yrs 240 days of service considering your tenure from June 2007 to Jan 2012 you will not be eligible for gratuity.

Dear Rajiv,
The intention of the company is quite clear that it wants to avoid payment of gratuity, as the minimum period of service in the 5th year must be 240 days (not 210 days) to count as 5 years of service to be eligible for payment of gratuity.
With 4 years and 210 days' of service you won't become eligible for payment of gratuity.

Hi friend and seniors
One of my friend worked in a company for 4 years and 10 month (i.e 4 year and 255 days completed),
Pls. let me know , Is he eligible for Gratuity?
Company said eligible only after completing 5 complete years, He argue that He had completed 4 years and 240 days which is eligible for Gratuity...
So company asking for proof like any article,
I requested pls. send me any Gratuity Law article which mention 4 years and 240 days is eligible for Gratuity ( by mentioned Sec. no. or article no. under Gratuity Act)
Awaited your positive reply...

Your friend may quote Section 2A (2)(a) of the Payment of Gratuity Act, 1972, in support of his claim, which reads as under:
EXTRACT of SECTION 2A(2)(a):
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than - (i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) two hundred and forty days, in any other case.