Complete guide to gratuity calculation in India under Payment of Gratuity Act. Understand eligibility, formula, tax exemptions, new labour code changes, and how to maximize your gratuity benefits.

Gratuity is a statutory retirement benefit paid by employers to employees as a token of appreciation for their service. It's governed by the Payment of Gratuity Act, 1972 and is one of the most important components of your retirement corpus.
Gratuity is a lump sum amount paid by an employer to an employee when they leave the organization after completing a minimum period of continuous service. It's essentially a reward for loyalty and long service.
Under the Payment of Gratuity Act, 1972:
| Condition | Requirement |
|---|---|
| Minimum Service | 5 years of continuous service |
| Organization Size | Establishments with 10+ employees |
| Employee Type | All employees (permanent, contractual) |
| Fixed-Term Employees | 1 year under new labour codes |
Gratuity is payable on:
For employees covered under the Payment of Gratuity Act:
Gratuity = (15 × Last Drawn Salary × Years of Service) / 26
For employees NOT covered under the Act:
Gratuity = (15 × Last Drawn Salary × Years of Service) / 30
Where:
Example 1: Private Sector Employee (Covered under Act)
Gratuity = (15 × 50,000 × 12) / 26
Gratuity = 90,00,000 / 26
Gratuity = ₹3,46,154
Example 2: IT Professional (Not covered under Act)
Gratuity = (15 × 60,000 × 8) / 30
Gratuity = 72,00,000 / 30
Gratuity = ₹2,40,000
| Basic + DA | 5 Years | 10 Years | 15 Years | 20 Years |
|---|---|---|---|---|
| ₹30,000 | ₹86,538 | ₹1,73,077 | ₹2,59,615 | ₹3,46,154 |
| ₹50,000 | ₹1,44,231 | ₹2,88,462 | ₹4,32,692 | ₹5,76,923 |
| ₹75,000 | ₹2,16,346 | ₹4,32,692 | ₹6,49,038 | ₹8,65,385 |
| ₹1,00,000 | ₹2,88,462 | ₹5,76,923 | ₹8,65,385 | ₹11,53,846 |
1. Government Employees (Central/State/Local Authority)
2. Private Sector Employees (Covered under Act)
The least of the following three amounts is exempt:
3. Private Sector Employees (Not covered under Act)
The least of the following three amounts is exempt:
Important: The ₹20 lakh exemption is a lifetime limit across all employers.
Scenario: Employee receives ₹25 lakh gratuity
Tax-exempt amount: ₹18 lakh (least of three) Taxable amount: ₹25L - ₹18L = ₹7 lakh (taxed as per slab)
The new labour codes bring significant changes:
| Aspect | Old Rule | New Rule |
|---|---|---|
| Fixed-Term Eligibility | 5 years | 1 year |
| Wage Definition | Basic + DA | Basic + DA (50% of CTC) |
| Calculation Base | Varies | Standardized |
Gratuity can be forfeited (fully or partially) if:
Termination for misconduct involving:
Criminal offense during employment
Step 1: Submit Form I (Application for Gratuity) to employer
Step 2: Employer must pay within 30 days of it becoming payable
Step 3: If delayed, employer pays simple interest from due date
Step 4: If denied, approach Controlling Authority under the Act
| Benefit | Gratuity | EPF | NPS |
|---|---|---|---|
| Eligibility | 5 years | Immediate | Immediate |
| Contribution | Employer only | Both | Both |
| Tax on Withdrawal | Exempt up to ₹20L | Exempt (5+ years) | 60% exempt |
| Portability | No | Yes | Yes |
Once you receive gratuity, consider:
| Option | Returns | Risk | Liquidity |
|---|---|---|---|
| PPF | 7.1% | Zero | Low (15 years) |
| FD | 6-7% | Zero | Medium |
| Debt Funds | 6-8% | Low | High |
| Equity MF | 12-15% | High | High |
| NPS | 8-10% | Medium | Low (till 60) |
Q: Is gratuity mandatory? A: Yes, for establishments with 10+ employees under the Payment of Gratuity Act.
Q: Can I get gratuity before 5 years? A: Only in case of death or disablement. Fixed-term employees need only 1 year under new codes.
Q: Is gratuity part of CTC? A: Yes, employers often include gratuity (4.81% of Basic) in CTC calculations.
Q: What if employer doesn't pay? A: File complaint with Controlling Authority. Interest and penalties apply for delays.
Use KnowYourFinance's Gratuity Calculator to estimate your gratuity amount accurately!
Amodh is a personal finance educator and the founder of KnowYourFinance. With a deep understanding of Indian taxation and investment products, he simplifies complex financial concepts to help young Indians build wealth safely.
Editorial Disclosure: The author holds investments in broad-market index funds and SGBs. This article is strictly for educational purposes and does not constitute professional investment advice. KnowYourFinance maintains complete editorial independence.
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