No Gratuity for L2 Hire for the same company : ????

[gilbertgarner]

Hi,

I worked for XYZ Company for 10 Yrs in India and then moved to US on a L2 VISA as my spouse was on a L1. The same company has now offered me a job in US under XYZ LLc. However, they are now confirming that I shall not be eligible for any "Gratuity" for the years worked in India.
How is that possible.
How come re-hire in US on L2 visa be different from Intra-Company L1 hire.

Please confirm and let me know. Quote your examples if possible.

Thanks! Gaurav

[raghvi]

Hi,

I worked for XYZ Company for 10 Yrs in India and then moved to US on a L2 VISA as my spouse was on a L1. The same company has now offered me a job in US under XYZ LLc. However, they are now confirming that I shall not be eligible for any "Gratuity" for the years worked in India.
How is that possible.
How come re-hire in US on L2 visa be different from Intra-Company L1 hire.

Please confirm and let me know. Quote your examples if possible.

Thanks! Gaurav

This pertains more to the local labor laws of India. I dont think it has got anything to do with L2 visa as such. If you have resigned from XYZ's India office and XYZ comes under the gratuity act I think you should be eligible for gratuity. http://labour.nic.in/upload/uploadfi...ityAct1972.pdf

This is my opinion not legal advice.

[immihelp]

Company is free to whatever rules they want to make, in this regards.

Unlike L1 which is intra-company transfer visa, you getting the job in the same company on L2 is incidental. You are eligible and could have job anywhere else as well.