Gratuity: Check Eligibility, Gratuity Formula, Calculation

Gratuity refers to a one-time monetary benefit that the employer pays to their employee for the services offered by the employee. According to the Payment of Gratuity Act, 1972, to become eligible for the gratuity payout, the employee has to complete at least five consecutive years of service with the same employer.

Before we get into its eligibility, formula and calculation, let us first understand what gratuity is. This information will help you acknowledge its significance and understand the amount of gratuity payout you will be eligible for, along with the gratuity limit, the tax on gratuity and exemptions.

Gratuity refers to a one-time monetary benefit that the employer pays to their employee, after a certain period, for the services offered by the employee.

As the name suggests, gratuity is an employer’s way of expressing gratitude towards their employees for their long-standing service to the organisation. This act of generosity is made compulsory by law and is covered under the Payment of Gratuity Act, 1972. This act is also commonly known as the Gratuity Act. According to the act, to become eligible for the gratuity payout, the employee has to complete at least five consecutive years of service with the same employer.

Usually, gratuity is paid at the time of retirement, but you can also claim it if you change your job after five years. However, the five-year condition for gratuity payout is not applicable if the employee becomes disabled (due to accident or illness) or dies while still in service.

What is the payment of Gratuity Act 1972?

The Payment of Gratuity Act 1972 was implemented in September 1972 with the fundamental idea of providing monetary benefits to employees who have offered extended years of service to one employer. This act applies to all organisations and industries across India.

The gratuity rules apply to both type of employees, viz,

  • Employees covered under the gratuity act, and
  • Employees not covered under the gratuity act.

According to the existing gratuity eligibility rules, companies/establishments that employ ten or more people are automatically covered under the Payment of Gratuity Act, 1972. State and central government employees, however, are covered under their own set of service gratuity rules which don’t come under the Payment of Gratuity Act, 1972.

Eligibility criteria for payment of gratuity

To receive the gratuity payout, one needs to meet the following gratuity eligibility rules:

  • The employee must be qualified for retirement or superannuation benefits.
  • The employee must be retired from service.
  • The employee should have resigned from the company after being employed for a continuous period of five years.
  • The employer has suffered disability from an accident or illness, or, in the case of death.

Gratuity formula

The formula to calculate gratuity, as mentioned in the Payment of Gratuity Act, 1972, comprises mainly of your 15 days salary for each completed year of continuous service with the same organisation and is based on the last salary received. The latter figure is the last basic salary drawn + dearness allowance. HRA is not included in the calculation. Thus, the gratuity formula works out to be as follows:

Gratuity = t*s*15/26
where…
t = time of continuous service with the same company in years
s = sum of last basic salary received and dearness allowance

Gratuity calculation

For instance, if a person has been employed in the company for 17 years, and, the total of last basic salary drawn and dearness allowance amounts to 40,000/- in INR, then, as per the formula, gratuity is as follows:

Gratuity amount = 17*40000*(15/26)
= 3,92,308/- in INR

Two important conditions that you should note are:

  1. According to the gratuity rule, the amount of gratuity payout should not exceed ten lakhs in INR. However, if the employer wishes, they can pay more than ten lakhs as a gratuity to the employee. The amount beyond the gratuity limit of ten lakhs will be termed as a non-obligatory contribution or ex-gratia.
  2. The total number of months worked in the last year of employment will also be considered in the calculation. If in the final year, you have worked for more than six months, then the employer rounds the service to a whole year. And, if it is less than six months, then that year is not considered in the calculation. For instance, if your service period is 17 years and seven months, then 18 years will be considered for gratuity calculation. Whereas, if the service period is 17 years and three months, then 17 years will be considered for gratuity calculation.

How is gratuity calculated for the employees who are not covered under the Gratuity Act?

Employers are not restricted by law in the means of gratuity even if the organization is not composed under the Gratuity Act. The gratuity amount is calculated based on half a month’s salary for completed service years. The salary component for the calculation is the sum of basic pay, sales commission and DA. 

The formula for the calculating gratuity amount for employees who are not covered under the Gratuity Act is: 

Gratuity Amount = (15 * Last drawn salary amount * period of service) / 30

Example:

If Mr.Abc is an employee of the company XYZ. XYZ is not covered under the Gratuity Act. 

Mr. Abc’s last drawn salary = 50,000

His service years = 10.9 years

Gratuity amount will be: (15*50,000*11)/30 = 275,000/-

Note: Here instead of 10 years, 11 years are considered since the excess month count exceeds 6. 

Payment of Gratuity in case of death of an employee

The gratuity benefits for a deceased employee are calculated based on his/her tenure of service. The amount is subject to a maximum of 20 lakh rupees. Here are the rates at which gratuity will be paid in such cases. 

TenureAmount payable
<1 year2 x Basic salary
1 – 5 years6 x Basic salary
5 – 11 years12 x Basic salary
11 – 20 years20 x Basic salary
20+ yearsHalf of the basic salary for each completed 6 months

Subject to a maximum of 33 x Basic salary

Forfeiture of Gratuity in accordance with the Gratuity Act

According to the Payment of Gratuity Act 1972, the employer can forfeit the employee’s gratuity in the following cases. 

  • Employee is terminated by wilful omission or negligence causing damage or loss of employer’s property.
  • Employee got terminated due to an offence involving moral vileness

The company can decide whether the gratuity should be partially or completely forfeited based on the offence the employee committed.  

Different types of forms of Gratuity

Form NamePurpose
IGratuity payment application
JGratuity payment application for the nominee
KGratuity payment application for legal heir
FMake nomination
GMake new/fresh nomination
HModify nomination
LIssued by the employer to employee stating date and amount of payment
MIssued by the employer to employee stating the reason for rejection
NApplication made to the labour commission by an employee
OIssued by the authority to appear for case hearing
PSummons issued by authority to be present for hearing
RIssued by the authority directing to make gratuity payment

Tax deductions on Gratuity

  • Any gratuity received by the public sector employees apart from statutory corporations is completely free of tax. 
  • The least of the following is exempted from tax according to the article 10 of the income tax act. 
    • Last salary (basic + DA)* no: of years of service* 15/26;
    • Rs. 20 lakhs (which has been lifted from Rs. 10 Lakh as per the new amendment);
    • Gratuity amount received

Basic timeline for the Gratuity payment

Initiation: The phase where the individual applies for gratuity by sending relevant form or application to the employer

Reception and Calculation: As soon as the employer gets a gratuity disbursal request, they should acknowledge and provide a notice to the employee stating the specified amount. 

Disbursal: Employers should complete the disbursal of the complete amount within 30 days of releasing the notice.

Income tax rules on gratuity as per the Income Tax Act

The tax on gratuity and tax exemption on the gratuity payout depends on the nature of employment of the employee. The three major gratuity categories include:

  • The eligible government employee:
    The gratuity payout for government employees (state/central/local authority) falls under the tax exemption category of the Income Tax Act.
  • The eligible employee of an employer covered as per the Gratuity Act:
    Only 15 days salary out of the last received salary is eligible for tax exemption under the income tax rules
  • The eligible employee for an employer not covered as per the Gratuity Act:
    The minimum amount out of the three scenarios, as mentioned below, will be considered for tax exemption as per the income tax rules:

⇒10 lakhs in INR
⇒The actual gratuity amount
⇒Half a month’s salary for every full year of employment with the same employer

Nomination under The Payment of Gratuity Act 1972

All the employees completing one year of service are asked to make a nomination for the gratuity. The nominee can be one or more than one, and maybe changed anytime by the employee. If the employee fails to provide a nominee, the amount shall be paid to the closest legal heir of the deceased employee. If the heir turns out to be minor, the bank holds the amount until the child reaches maturity. The family or heir defined under the act can be Spouse, Children, Adopted child or Dependent parents. 

With the help of this gratuity formula and calculation, employers can calculate the amount of gratuity that they have to pay to their eligible employees. Alternatively, you may hire a recruitment and staffing agency that will take care of all your compliance needs.


FAQs – Gratuity

  1. Does the Gratuity Act cover all states of India?The Gratuity Act 1972 covers all the states of India except Jammu & Kashmir.
  2. Is there any cap on Gratuity?According to the Payment of Gratuity (Amendment) Act, 2018, the cap on Gratuity was raised from 10 lakhs to 20 lakhs.
  3. What is the penalty of delay in Gratuity payment?The employer should pay simple interest for the gratuity amount for the period of delay.
  4. How to nominate someone for claiming my gratuity incase of my death?Nominations can be made by filling Form F while joining or amid the career.
  5. When is Gratuity should be paid?
    • Superannuation or Retirement.
    • Resignation or Termination.
    • Death or Disablement due to accident or disease.
    • Retrenchment or Layoff
    • VRS (Voluntary Retirement Scheme).
  6. Is 5 years service applicable for all the mentioned cases?In the case of death of the employee, 5-year service is not mandatory and the amount will be given to the nominees or legal heir.

Latest news on Gratuity

Parliament Panel Suggests To Reduce The Gratuity Payment Period To 1 Year

August 03, 2020:  The Gratuity time limit should be reduced from the current five years of continuous service to just one year, suggests Code on Social Security, 2019, reported by the Parliamentary Standing Committee on Labour.

The committee submitted the report to the Lok Sabha Speaker on July 31, 2020. The report also suggested that the gratuity benefits should be extended to all kinds of employees, including contract labourers, fixed-term workers, daily/monthly wage workers and many others.

”The committee desires that the time limit of five years as provided for in the code for payment of gratuity be reduced to continuous service of one year.” says the report.

The current status of the law is pending before the Parliament and if it comes to existence, it will replace nine existing social security laws. The Parliament Committee led by senior BJD MP Bhartruhari Mahtab.


Special Deposit Scheme for Non-Government Provident, Gratuity Funds – New Interest Rates

July 28, 2020: The new interest rate on deposits for July-September quarter for the Special Deposit Scheme for Non-Government Provident, Superannuation and Gratuity Funds will be 7.1%, said the Finance Ministry in an official notification. The ministry has announced that the new interest rates will be valid from 1st of July, 2020.

“It is hereby notified that the deposits made under the Special Deposit Scheme for Non – Government Provident, Superannuation and Gratuity Funds, announced in the Ministry of Finance (Department of Economic Affairs) Notification No.F.16(1)-PD/75 dated 30th June, 1975, shall with effect from 1st July, 2020 to 30th September, 2020 bear interest at 7.1% (seven point one percent). This rate will be in force w.e.f. 1st July, 2020,” states the official notification.

The authorities are reducing the interest rate on the Special Deposit Scheme considering the current high cost of borrowing and recent escalation in the repayment burden.


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    Comments

    1. comment-author
      Sunil kumar

      I am working with aviation company wat outsourcing. Agreement not continue this year.
      I have completed 4 years and 2 months under gratuity .how total amount. Please suggest.

      Sunil Kumar.

      1. comment-author
        Rishabh Ranjan

        Hi Sunil,

        Employees need to complete 5 years in order to avail gratuity benefit. In the fifth year, employee completes 8 months (240 days) which will be considered as good as one year. So, in your case, until 4 years 8 months are completed in service, you will not be eligible for gratuity.

    2. comment-author
      Kierron Matte

      Hi,
      I found that company shows very small basic amount in the salary slip and no provision for DA. And instead of DA, company shows Fixed allowance in salary slip. That is big loop hole in our country’s Gratuity law. How many people are cheated by Indian companies? 8s this professionalism?

      1. comment-author
        Rishabh Ranjan

        Hi Kierron,

        In this case the employee needs to contact the respective employer. Moreover, the salary structure varies from company-to-company.

    3. comment-author
      Shahrukh ahisrao

      Hi sir muze meri company me 4 Year or 9 moth hogaye he or mene resigned diya he kya muze Gratuity mil sakti he.

    4. comment-author
      D.Indhumathimanuelraj

      Sir my husband had worked in the ramraj cotton show room in 1/4/2013 to 5/5/2014 after resigning again he joined in this instituion1/10/2016 to1/12/2017 please kindly give information is he eligible for gratuity he passed away on 08/04/2020

      1. comment-author
        Rishabh Ranjan

        Hello D.Indhumathimanuelraj,

        Since your spouse passed away after leaving service, he is not eligible for gratuity.

    5. comment-author
      Aijaz khan

      Sir, My Father was working in oriental toll naka and worked for 9 years before his death. So, is his nominee can get Gratuity in his behalf?

      1. comment-author
        Rishabh Ranjan

        Hi Aijaz,

        Nominees are entitled to gratuity. The nominee can contact the employer (oriental toll) for more information regarding this.

    6. comment-author
      RAMESH

      Sir,
      I have been working with a company for the last 11 years and is eligible for the gratuity on retirement. But for the last 7 months company has been paying 50% of the salary . If I resign or I lose my job depending on the present condition, what would be the percentage of Gratuity company will provide on my retirement. Is it on the base of my previous salary( that was drawing before 7 months) or the present salary? Kindly advise.

      1. comment-author
        Rishabh Ranjan

        Hi Ramesh,

        The gratuity calculation will be based on the last drawn basic wage. On average, employees get 5.5 months of basic wages as gratuity.

    7. comment-author
      Pankaj Shende

      Nice Article Sir,
      Very informative…

      My previous employer not giving me Gratuity… I worked there for 7 and half years…

      What will be procedure to claim gratuity as employer not interested in giving it…

      Please suggest

      Thank you

      1. comment-author
        Rishabh Ranjan

        Hi Pankaj,

        I suggest you approach the employer with a formal letter. If the employer doesn’t oblige, then you can submit a written complaint at the Labour Office by enclosing the proof of employment.

    8. comment-author
      Bhatnagar P.K.

      Services renderedfrom 1/4/2002 to 30/4/2002
      01/7/2002 to 30/04/2003
      1/07/2003 to 30/04/2004
      1/7/2004 to 30/05/2005
      1/7/2005 till 31/08/2020 whether services rendered before 1/7/2005 be counted towards gratuity

      1. comment-author
        Rishabh Ranjan

        Hi Sangita,

        For the calculation of the 5 years and to become eligible for gratuity, please understand that a single year is assessed as 240 working days for employees working in organisations.

      1. comment-author
        Rishabh Ranjan

        Hi Amit,

        Employees need to complete a minimum of 5 years of service at the same organisation to avail gratuity benefit. For the calculation of the 5th year, a single year is equivalent to 240 working days for employees working in organisations. For those working in mines and other such fields, a year is assessed as 190 days.

    9. comment-author
      Kunal

      I’m working on a 2 year fixed term contract with a company and gratuity is part of my CTC. Is there an application form for fixed term employees to claim gratuity? As per the new laws fixed term employees are eligible for gratuity, but there is no option in the current form I to choose from

      1. comment-author
        Rishabh Ranjan

        Hi Kunal,

        Although Gratuity is a part of CTC, to be eligible for a claim you need to have continuous service that exceeds 5 years. However, the said years will not be considered in case of demise of an employee.

    10. comment-author
      AP

      I worked in a company for 10 years. My date of retirement arrived at the end of 8th year but I was continued to be employed for two more years. Whether calculation of my gratuity will be made on the basis of 8 years or 10 years.

      1. comment-author
        Rishabh Ranjan

        Hi AP,

        Post-retirement, if the employer issued an extension letter with the same employment terms and you continued as a regular employee then you are eligible for 10 years of gratuity.

    11. comment-author
      Bhajan Sen, Siliguri.

      After usual retirement comany raised loss, misdeeds etc. what is the rules for gratity payment as I have already applied my claim with labour dept. More, if complaints by the company with labour court there is any having any rules to deposit gratuity amount to labour court before lodging suchcomplaints.

      1. comment-author
        Rishabh Ranjan

        Hi Bhajan,

        Gratuity amount will be paid to eligible employees as part of Full and Final settlement. If the company is not paying the amount, you can approach the Labour Department with a written claim for your dues. On the basis of the written complaint, the Labour Department authorities will take action against the employer where the settlement will take place in their presence.

    12. comment-author
      Amit

      I have been working in a company since 3 July 1984.i joined the company on fixed salary of 2500 per month in 1995 they have made basic and house rent and travel allowance since 1995 basic was fixed at 13000 per month and in subsequent years they have not increased basic salary and increased only house rent and travel allowance I am 69 now and wish to quit how my gratuity. Will be calculated now my gross salary is 78000
      Regards

    13. comment-author
      Bikash Roy

      After usual retirement can employer raise complaints of misdeed, loss etc.? What are rules of gratuity payment after lodging claim at labour court and what statements will have to produce at labour court at the time of hearing.

      1. comment-author
        Rishabh Ranjan

        Hi Bikash,

        You need to produce the details about: the tenure of employment, settlement received from the employer, statement of dispute.

    14. comment-author
      Biswajit Sarkar

      Myself Biswajit I am working in a automobile company. In our salary there is Basic,HRA,RA and CA is given. No DA. So please guide me whether all those allowance should be considered at the time of gratuity calculation?

      1. comment-author
        Rishabh Ranjan

        Hi Biswajit,

        Basic and Dearness Allowance (DA) alone will be considered for the calculation of gratuity.In case dearness allowance is not part of wages, then gratuity will get calculated on basic.

    15. comment-author
      K. Rohini Rao

      I have worked for 39 years. Is gratuity calculation same for all years or more for years of service rendered above 30 years

      1. comment-author
        Rishabh Ranjan

        Hi Nissar,

        A person is eligible to receive gratuity only if he has completed minimum five years of service with an organisation. However, it can be paid before the completion of five years at the death of an employee or if he has become disabled due to an accident or disease.

    16. comment-author
      Narendra Negi

      Dear sir
      As a personal reasons I have decided resign for my post I have completed more then 4 year 9month. But my employer not refund my gratuity. Also I have join in 2014 in February but my PF deduction in 2015 … So please suggest me what can I do to withdraw my gratuity… I waiting your reply

      1. comment-author
        Rishabh Ranjan

        Hi Narendra,

        You need to approach the employer in writing to provide the gratuity settlement. If the employer does not provide any response, you can approach the Labour Office — with details of employment such as Appointment Letter, Relieving Letter, Latest Payslips, including
        Full and Final Settlement (FnF) statement — and file a complaint against the employer.

        An employee who completes 4 years 240 days is eligible for Gratuity.

        As for the PF, you need to check your payslips to know from which month PF was deducted from your salary.

    17. comment-author
      S.Rajagopal

      I have joined a corpn ltd after exit after
      13 years due to superannuation and
      Getting epfs minimum pension.The employer reject gratuity.Now how can get
      Gratuity whether it is eligible or not.Please
      Explain.

      1. comment-author
        Rishabh Ranjan

        Hi S. Rajagopal,

        Employees who complete 5 years of service in an organization are eligible for Gratuity.

        You can approach your employer and ask the reason for denying the Gratuity benefit. On the basis of the outcome, you can approach the Labour Court by filing a complaint against the employer to claim Gratuity.

    18. comment-author
      Prateek

      Hi,
      I have completed 4 Yrs 7 Months and 2 Days in organization and my organization works Mon-Fri every week.
      Am I eligible for Gratuity ?
      There is no gap in between this span of years.

      1. comment-author
        Rishabh Ranjan

        Hi Prateek,

        As per norms, 4 years 240 days (8 months) of service can be considered as 5 years and the employee will be eligible for Gratuity. Few companies consider 4 years 6 months as 5 years for Gratuity eligibility. You can contact your HR as the policy differs from company to company.

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