What is Gratuity? Complete Guide for Indian Employees
Gratuity is a lump sum payment made by an employer to an employee as a token of appreciation for services rendered over the years. Governed by the Payment of Gratuity Act, 1972, it's a statutory benefit designed to provide financial security to employees during retirement, resignation, or termination after completing a minimum qualifying period.
This benefit is mandatory for all organizations employing 10 or more workers, including factories, mines, oilfields, plantations, ports, railway companies, shops, and establishments. Gratuity is entirely employer-funded—employees don't contribute a single rupee, making it one of the most valuable retirement benefits in India.
Key Features of Gratuity in India
- Statutory Right: Not discretionary—legally mandated for eligible organizations
- Zero Employee Contribution: Unlike EPF, completely employer-funded
- Tax Benefits: Up to ₹20 lakhs is tax-exempt under Section 10(10)
- 5-Year Eligibility: Generally requires 5 years of continuous service
- Protected Payment: Must be paid within 30 days of becoming due
- Nominee Benefits: Transferable to family in case of employee death
Who is Eligible for Gratuity?
To claim gratuity, you must meet these conditions:
- Continuous Service: Minimum 5 years of uninterrupted service with the same employer
- Organization Size: Employer must have 10+ employees (applies once achieved, even if count drops later)
- Separation Event: Retirement, resignation, superannuation, death, or disablement
Exceptions to 5-Year Rule: In cases of death or disablement due to accident/disease, gratuity is payable immediately regardless of service tenure. Nominees receive the full entitled amount.
Gratuity Calculation Formula Explained
The standard formula for calculating gratuity is:
Gratuity = (Last Drawn Salary × Years of Service × 15) / 26
Let's break down each component:
1. Last Drawn Salary
Includes: Basic Pay + Dearness Allowance (DA) only
Excludes: HRA, Conveyance, Medical, Special Allowances, Bonuses, Overtime, Incentives
Example: If your CTC is ₹15 lakhs with Basic = ₹6 lakhs and DA = ₹1.5 lakhs annually, only ₹7.5 lakhs (₹62,500/month) counts for gratuity calculation.
2. Years of Service
Service calculation follows specific rounding rules:
- 6+ Months: Round up to next year (e.g., 15 years 7 months = 16 years)
- Less than 6 Months: Round down (e.g., 15 years 4 months = 15 years)
- Authorized Leaves: Maternity, sick, annual leave don't break continuity
3. The Factor of 15
Represents 15 days of wages for every completed year of service—a statutory provision ensuring approximately half a month's salary per year worked.
4. Working Days Divisor (26 or 30)
- 26 Days: For organizations covered under the Act (excludes 4 Sundays)
- 30 Days: For organizations NOT covered (uses calendar month days)
Maximum Gratuity Limit in 2026
As per the Payment of Gratuity (Amendment) Act, 2018, the maximum gratuity payable is capped at ₹20 lakhs (increased from ₹10 lakhs). Any calculated amount exceeding this limit is reduced to ₹20 lakhs.
Tax Treatment of Gratuity
Gratuity taxation depends on your employment type:
For Private Sector Employees (Covered Under Act)
The minimum of the following three amounts is tax-exempt:
- ₹20 lakhs (statutory ceiling)
- Actual gratuity received
- Calculated gratuity: (Last salary × Years × 15) / 26
Any amount exceeding the exempt limit is added to your income and taxed according to your income tax slab.
For Government Employees
- Complete Exemption: Entire gratuity amount is tax-free
- No Ceiling: ₹20 lakh cap doesn't apply
- Includes: Central/State government, local authorities, statutory corporations, defense services
Practical Gratuity Calculation Example
Scenario: Priya retires after 25 years 8 months of service
- • Basic Salary: ₹60,000/month
- • Dearness Allowance: ₹15,000/month
- • Last Drawn Salary: ₹75,000/month
- • Rounded Service: 26 years (8 months ≥ 6 months)
- • Organization: Covered under Act (26 days)
Calculation:
Gratuity = (₹75,000 × 26 × 15) / 26 = ₹29,25,000
Payable Amount: ₹20,00,000 (capped at maximum limit)
Tax Treatment: Entire ₹20 lakhs is tax-exempt
When is Gratuity Paid?
The Payment of Gratuity Act mandates strict timelines:
- Application: Employee must apply in Form I within 30 days of gratuity becoming payable
- Payment Deadline: Employer must pay within 30 days from the date it becomes due
- Interest on Delay: 10% per annum simple interest if payment is delayed beyond 30 days
- Mode: Usually direct bank transfer with final settlement
Can Gratuity Be Forfeited?
Gratuity can be wholly or partially forfeited only under specific circumstances:
- Willful Damage: If services terminated for causing damage to employer's property through negligence
- Violence: Termination due to riotous or violent conduct on premises
- Moral Turpitude: Conviction for an offense involving moral turpitude (fraud, embezzlement, etc.)
Important: Gratuity CANNOT be forfeited for poor performance, personality conflicts, joining competitors, or minor policy violations.
Gratuity vs EPF vs Pension
| Aspect | Gratuity | EPF | Pension |
|---|---|---|---|
| Payment Type | Lump sum | Lump sum | Monthly annuity |
| Employee Contribution | No | Yes (12% of basic) | Varies |
| Eligibility | 5 years service | All employees ≤₹15K | Varies by employer |
| Portability | Paid on exit | Transferable | May continue |
| Tax Exemption | Up to ₹20L | Full if 5+ years | Partially taxable |
Common Gratuity Mistakes to Avoid
- Including Wrong Salary Components: Only Basic + DA counts, not gross salary or CTC
- Incorrect Service Rounding: Remember 6+ months rounds up, less than 6 rounds down
- Ignoring Tax Implications: Amounts above ₹20 lakhs are taxable as per your slab
- Not Updating Nominee: Keep nomination current after major life events
- Missing Application Deadline: Submit Form I during notice period to avoid delays
- Expecting Gratuity Before 5 Years: Generally not payable unless death or disablement
How to Claim Your Gratuity
Follow these steps for smooth gratuity settlement:
- Submit Resignation/Retirement Notice: As per your company's notice period
- Fill Form I: Apply for gratuity within 30 days of last working day
- Provide Documents: ID proof, bank details, relieving letter, service records
- HR Verification: Company verifies service tenure and salary details
- Receive Payment: Amount credited within 30 days, usually with final settlement
- Check Form 16: Gratuity should be reflected in your Form 16 for tax filing