What Is Gratuity?
Gratuity is a lump-sum benefit paid by an employer to an employee as a token of appreciation for continuous service. Under the Payment of Gratuity Act 1972, employees who have completed at least 5 years of continuous service with an employer are eligible for gratuity upon resignation, retirement, or superannuation.
Gratuity Calculation Formula
For employees covered under the Gratuity Act: Gratuity = (Last drawn salary x 15 x Number of years of service) / 26. Here, last drawn salary includes basic salary plus dearness allowance. The number of years is rounded to the nearest whole number (6 months or more counts as one full year).
For example, if your last drawn basic + DA is Rs 60,000 and you have served 10 years and 7 months, the calculation is: Rs 60,000 x 15 x 11 / 26 = Rs 3,80,769.
Gratuity Eligibility Rules
| Parameter | Details |
|---|---|
| Minimum Service | 5 years continuous (4 years for seasonal workers) |
| Applicable To | Establishments with 10+ employees |
| Maximum Gratuity | Rs 25,00,000 (tax-exempt limit) |
| Payable On | Resignation, retirement, death, or disability |
| Payment Timeline | Within 30 days of it becoming due |
| Nomination | Mandatory; can be updated anytime |
Tax Treatment of Gratuity
For government employees, gratuity received is fully exempt from income tax with no monetary ceiling. For private sector employees covered under the Gratuity Act, the exemption is the least of: actual gratuity received, Rs 25 lakh, or 15 days salary for each completed year (calculated as above).
For employees not covered under the Act, the exemption is the least of: actual gratuity, Rs 25 lakh, or half month average salary for each completed year of service. Average salary here means the average of the last 10 months salary.
Special Cases in Gratuity
Death of Employee: If an employee dies, gratuity is payable to the nominee regardless of whether 5 years of service has been completed.
Disability: Similar to death, gratuity is payable in case of disablement even if the employee has not completed 5 years of service.
Fixed-Term Contracts: Following the Code on Wages 2019, fixed-term employees completing 1 year of service are eligible for gratuity on a pro-rata basis.
How to Claim Gratuity
The employee or nominee should submit Form I (application for gratuity) to the employer within 30 days of it becoming payable. The employer must determine the amount and pay within 30 days of receipt of application. If the employer delays payment beyond 30 days, they must pay simple interest at the rate notified by the government from the date it becomes payable.
Frequently Asked Questions
Does gratuity continue after 5 years? Yes, there is no upper limit on the number of years for gratuity calculation. However, the tax exemption is capped at Rs 25 lakh for private sector employees.
Is gratuity paid if I am terminated? If the termination is for a reason other than misconduct (like redundancy), gratuity is payable. If terminated for proven misconduct involving moral turpitude, the employer can forfeit gratuity partially or fully.
Can gratuity be more than Rs 25 lakh? Yes, the employer can pay more than Rs 25 lakh. However, only Rs 25 lakh is tax-exempt; the excess is taxable as salary income.