What is gratuity?
Gratuity is a lump-sum benefit an employer pays as thanks for long service. It is normally payable after 5 years of continuous service, on retirement, resignation, death or disability. Under the new Labour Codes, fixed-term employees become eligible after just 1 year, paid pro-rata.
The gratuity formula
The figure 15 stands for 15 days' wages per year, and 26 is the number of working days in a month. For covered employees, a final part-year of more than 6 months is rounded up to a full year.
Worked example
₹50,000 Basic + DA, 10 years of service
- Covered by the Act (15/26)
- ₹2,88,462
- Not covered (15/30)
- ₹2,50,000
Add 7 months of service and a covered employee's service is counted as 11 years.
Limit and tax treatment
- Gratuity is capped at ₹20 Lakh (₹20,00,000) under the current notification.
- For most private-sector employees, gratuity is tax-exempt up to the lowest of the actual amount received, the formula amount and the ceiling.
- Wages for the formula are your last drawn Basic plus Dearness Allowance. Under the new Labour Codes, wages must generally be at least 50% of total pay, which can raise gratuity.
Planning for your gratuity
- Gratuity depends on your last drawn salary, so it rises with every increment.
- You must usually apply within 30 days of it becoming due; the employer has 30 days to pay.
- Delayed payment attracts simple interest, so keep your paperwork and nomination up to date.

