Understanding Gratuity Eligibility for Cross-Border Employees

laiq-basha
Dear All,

One of our employees completed 5 years of service, with 2 years in India and the rest in Malaysia with Malaysian payroll.

Is he eligible for Gratuity? If yes, can anyone help with how to calculate his basic salary as we don't have Indian salary information since he left the organization.
umakanthan53
To me, it appears that the question requires more factual clarity. Whether the establishment is a multinational company having branches in India and Malaysia? If so, are the services of the employees transferable among its branches both native and abroad? Is there any specific condition in the contract of employment about the calculation of terminal benefits if the termination takes place while the employee is serving abroad?
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