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Employment action while Employee on Deputation??

August 6, 2013 11:12 PM 1
Total Posts: 21
Join Date: November 10, 2011
Rank: Executive
Post Date: January 1, 1970
Posts: 21
Location: India

Employment action while Employee on Deputation??

Hi Community, 

We are a export oriented software company. The parent company is in US. But Indian entity is an independent entity. We send Indian employees to US for a duration of 1 to 5 years. This can be extended further too while the employee is serving the parent company. In such cases they are given a fresh employment contract from the parent company. The visa on which the employee goes to the foreign land is not binding that after the completion of the employment contract, the employee needs to come back
to India. The employee is free to seek an employment from any other foreign company who can re apply for his visa.
Now, my question to the group is "how do we close the employee file? Does the employee need to resign or transferred?
How to treat gratuity of such an employee who consolidately completes 5 years of service partially with Indian company & partially with european counterpart; say 2 years in indian entity & 3 years in parent company.
Request your inputs and advise.