What is Gratuity?
Gratuity is a statutory benefit paid by employers to employees as a token of appreciation for their long-term service. It's governed by the Payment of Gratuity Act, 1972, which applies to organizations with 10 or more employees.
Real Example: Ramesh worked at TCS for 15 years and 7 months. His last drawn salary (Basic + DA) was ₹80,000. Since 7 months > 6, his service rounds to 16 years. His gratuity = (80,000 × 15 × 16) ÷ 26 = ₹7,38,462. This is fully tax-free as it's below the ₹20 Lakh limit.
Gratuity becomes payable when an employee:
- Resigns after completing 5 years of service
- Retires from service (superannuation)
- Dies or becomes disabled (5-year rule waived)
- Is terminated (unless for misconduct causing damage)
How is Gratuity Calculated?
There are two formulas depending on whether your organization is covered under the Payment of Gratuity Act:
For Employees Covered Under the Act
Most private sector employees in organizations with 10+ employees fall under this category.
Gratuity = (Last Drawn Salary × 15 × Years of Service) ÷ 26
- Last Drawn Salary: Basic Pay + Dearness Allowance (DA)
- 15: Number of days considered for each year of service
- 26: Working days in a month (excluding Sundays)
- Years of Service: Completed years (rounded up if >6 months)
For Employees NOT Covered Under the Act
Employees in organizations with fewer than 10 employees or specific exempted categories.
Gratuity = (Average Salary of Last 10 Months × ½ × Years of Service)
Here, the calculation uses half-month's salary for each year instead of 15/26 days.
Gratuity Calculation Examples
| Last Salary | Years | Calculation | Gratuity |
|---|---|---|---|
| ₹30,000 | 5 years | (30,000 × 15 × 5) ÷ 26 | ₹86,538 |
| ₹50,000 | 10 years | (50,000 × 15 × 10) ÷ 26 | ₹2,88,462 |
| ₹1,00,000 | 20 years | (1,00,000 × 15 × 20) ÷ 26 | ₹11,53,846 |
| ₹2,00,000 | 30 years | (2,00,000 × 15 × 30) ÷ 26 | ₹20,00,000 (Capped) |
Maximum Gratuity Limit (2026)
The Payment of Gratuity Act sets a statutory cap of ₹20 Lakhs. This means:
- Even if the formula calculates more (like ₹34.6L in the last example), you're entitled to only ₹20 Lakhs under the Act
- Employers may voluntarily pay more, but the excess above ₹20L becomes taxable income
- Government employees have no such cap - they receive full calculated amount
Tax Exemption Rules on Gratuity
Gratuity enjoys significant tax benefits under Section 10(10) of the Income Tax Act:
Government Employees
Gratuity received by Central/State Government employees is 100% tax-free with no upper limit.
Private Sector Employees
The least of the following three is exempt from tax:
- Actual gratuity received
- ₹20 Lakhs (statutory limit)
- 15 days salary for each year of service (as per formula)
💡 Tax Tip: If you receive gratuity from multiple employers in the same financial year, the combined tax exemption cannot exceed ₹20 Lakhs. Plan your exit timing accordingly!
New Gratuity Rules Under Social Security Code 2020
The Social Security Code 2020, effective from November 2025, introduces key changes:
- Fixed-Term Employees: Now eligible for gratuity after just 1 year (previously 5 years)
- Wage Definition: Salary for gratuity must be minimum 50% of CTC
- Gig Workers: May be covered under certain conditions
- Payment Timeline: Must be paid within 30 days of resignation/retirement
When Can Gratuity Be Forfeited?
An employer can withhold gratuity only if the employee is terminated for:
- Riotous or disorderly conduct
- Any act of violence against employer or other employees
- Moral turpitude committed during employment
- Willful damage to employer's property
Simple resignation or performance-based termination does not forfeit gratuity rights.
Frequently Asked Questions (FAQs)
What is the formula for gratuity calculation?
For employees covered under the Payment of Gratuity Act: Gratuity = (Last Drawn Salary × 15 × Years of Service) ÷ 26. Last Drawn Salary includes Basic Pay + Dearness Allowance. The 26 represents working days in a month (excluding 4 Sundays).
What is the maximum gratuity limit in 2026?
The maximum gratuity payable under the Payment of Gratuity Act is ₹20 Lakhs. Even if the formula calculates ₹30 Lakhs, the statutory payment is capped at ₹20 Lakhs. Employers can pay more voluntarily, with the excess amount being taxable as income.
How many years of service are required for gratuity?
An employee must complete minimum 5 years of continuous service with the same employer. However, under the new Social Security Code 2020, fixed-term employees are eligible after just 1 year. The 5-year rule is waived in cases of death or disability.
Is gratuity taxable in India?
For government employees, gratuity is fully tax-exempt with no limit. For private sector employees, gratuity up to ₹20 Lakhs is tax-free under Section 10(10) of Income Tax Act. Any amount exceeding ₹20 Lakhs is taxed as per your income slab.
How is gratuity calculated for 7 years and 8 months?
If you've worked more than 6 months in the final year, it rounds up to the next complete year. So 7 years 8 months becomes 8 years for calculation. If it were 7 years 4 months, it would count as 7 years. This rounding rule significantly benefits employees.
