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What Is Gratuity & How Is It Calculated Under Indian Law?

What Is Gratuity & How Is It Calculated Under Indian Law?
What Is Gratuity & How Is It Calculated Under Indian Law?
The Payment of Gratuity Act 1972 provides a financial reward for employees after five years of service in India.
Published on: Mar 03, 2026 11:53 AM IST By Genesis Share via Copy link Gratuity functions as a financial award which employers give to workers after they complete long periods of service. The organisation pays this amount when an employee departs, either through retirement or resignation or termination. The Payment of Gratuity Act 1972 establishes the legal framework for gratuity payments in India. The Act makes sure that employees receive this benefit if they worked with the employer for a certain period of time. What Is Gratuity & How Is It Calculated Under Indian Law? Gratuity works as a legal right which requires employers to make payments to staff members who fulfil the necessary conditions. The law applies to businesses that employ more than ten workers, thus creating a financial safety net for employees who choose to leave their jobs.Eligibility for Gratuity
The Indian legal system does not provide gratuity benefits to all employees. Employees must fulfil specific requirements to become eligible for the programme. Service Period The employee must have completed at least five years of continuous service with the employer. Employees who leave before completing five years of service lose their right to gratuity payment unless their departure results from death or permanent disability. Employees who exit through retirement or resignation or termination or business closure become eligible for gratuity payment. Exclusion Employees who have worked for less than five years or who leave voluntarily before completing this period are generally not eligible for gratuity. Gratuity payments become available for employees who leave their job because of death or disability.How Gratuity Is Calculated
You can calculate gratuity using gratuity calculator. The formula for determining an employee's gratuity amount uses the last salary and total work duration. The following formula calculates gratuity: Gratuity = Last Drawn Salary × Number of Years of Service × 15 ÷ 26 The formula consists of several components which we will define. Last Drawn Salary The employee's total earnings include the basic salary and the dearness allowance (DA). The total salary calculation does not include bonuses or incentives. The employee's total employment duration with the employer defines this metric. The calculation starts after an employee completes six months of work because less than that period does not involve any actual work. The term '15' refers to the statutory factor that provides 15 days of wages for every year of service. 26 The number of working days in a month excluding Sundays and holidays equals this number. This number of active workdays determines how organisations calculate employees' daily wages.Example of Gratuity Calculation
Let’s say an employee has worked for 10 years in an organisation with a last drawn salary of ₹50,000 basic salary DA. The calculation for gratuity proceeds as follows: Gratuity = 50,000 × 10 × 15 ÷ 26 The total gratuity amount calculates to ₹288,461.53. The employee receives gratuity benefits worth ₹288,461.53. Factors Affecting Gratuity Calculation Multiple factors determine how the gratuity calculation process works, which leads to various outcomes. Salary Increases The last salary which an employee received determines the gratuity payments. Employees who receive a salary hike during their final working months will see an increase in their gratuity amount. Long periods of absence due to extended sick leave result in reduced total work time, which affects service tenure. The right to receive gratuity remains intact for employees who miss work because of a medical condition or injury. According to standard guidelines, part-time employees do not qualify for gratuity benefits except when their contracts specifically state otherwise.Taxation of Gratuity
The total gratuity amount which the employee receives becomes taxable until it reaches the predetermined limit. Employees who fall under the Payment of Gratuity Act will receive tax exemption for gratuity payments which reach up to ₹20 lakh according to The Income Tax Act Section 10(10). A gratuity payment becomes taxable after the total sum reaches ₹20 lakh. The employee's total income serves as the basis for calculating taxes on their gratuity payments.Gratuity Payment Process
The employer becomes responsible for gratuity payments after the employee has met all eligibility requirements. The employer must pay the amount within 30 days after the employee retires or terminates their employment. The employer becomes legally bound to pay interest on the outstanding gratuity amount when the payment delays exceed the designated payment period. The relevant authority or labour court will handle payment disputes because they have jurisdiction over such matters.Conclusion
Gratuity provides financial assistance to workers who have dedicated years of service before departing their jobs. The Payment of Gratuity Act 1972 ensures that employees receive a defined payment when they exit an organisation through resignation, retirement or termination. At Bajaj Broking, Seedhi Simple Investing is rooted in the belief that clarity builds confidence. In a market often crowded by jargon and noise, the philosophy promotes disciplined simplicity, structured understanding, and transparent communication. It empowers investors to move from impulse to informed participation, engaging markets with reason, perspective, and long-term intent. Note to readers: This article is part of HT's paid consumer connect initiative and is independently created by the brand. HT assumes no editorial responsibility for the content, including its accuracy, completeness, or any errors or omissions. Readers are advised to verify all information independently. Want to get your story featured as above? click here! News / Genesis / What Is Gratuity & How Is It Calculated Under Indian Law?Gratuity functions as a financial award which employers give to workers after they complete long periods of service. The organisation pays this amount when an employee departs, either through retirement or resignation or termination. The Payment of Gratuity Act 1972 establishes the legal framework for gratuity payments in India. The Act makes sure that employees receive this benefit if they worked with the employer for a certain period of time.
Gratuity works as a legal right which requires employers to make payments to staff members who fulfil the necessary conditions. The law applies to businesses that employ more than ten workers, thus creating a financial safety net for employees who choose to leave their jobs.
Service Period The employee must have completed at least five years of continuous service with the employer. Employees who leave before completing five years of service lose their right to gratuity payment unless their departure results from death or permanent disability.
Employees who exit through retirement or resignation or termination or business closure become eligible for gratuity payment.
Exclusion Employees who have worked for less than five years or who leave voluntarily before completing this period are generally not eligible for gratuity. Gratuity payments become available for employees who leave their job because of death or disability.
Gratuity = Last Drawn Salary × Number of Years of Service × 15 ÷ 26
The formula consists of several components which we will define.
Last Drawn Salary The employee's total earnings include the basic salary and the dearness allowance (DA). The total salary calculation does not include bonuses or incentives.
The employee's total employment duration with the employer defines this metric. The calculation starts after an employee completes six months of work because less than that period does not involve any actual work.
The term '15' refers to the statutory factor that provides 15 days of wages for every year of service.
26 The number of working days in a month excluding Sundays and holidays equals this number. This number of active workdays determines how organisations calculate employees' daily wages.
Gratuity = 50,000 × 10 × 15 ÷ 26
The total gratuity amount calculates to ₹288,461.53.
The employee receives gratuity benefits worth ₹288,461.53.
Factors Affecting Gratuity Calculation
Multiple factors determine how the gratuity calculation process works, which leads to various outcomes.
Salary Increases The last salary which an employee received determines the gratuity payments. Employees who receive a salary hike during their final working months will see an increase in their gratuity amount.
Long periods of absence due to extended sick leave result in reduced total work time, which affects service tenure. The right to receive gratuity remains intact for employees who miss work because of a medical condition or injury.
According to standard guidelines, part-time employees do not qualify for gratuity benefits except when their contracts specifically state otherwise.
A gratuity payment becomes taxable after the total sum reaches ₹20 lakh. The employee's total income serves as the basis for calculating taxes on their gratuity payments.
The employer becomes legally bound to pay interest on the outstanding gratuity amount when the payment delays exceed the designated payment period. The relevant authority or labour court will handle payment disputes because they have jurisdiction over such matters.
At Bajaj Broking, Seedhi Simple Investing is rooted in the belief that clarity builds confidence. In a market often crowded by jargon and noise, the philosophy promotes disciplined simplicity, structured understanding, and transparent communication. It empowers investors to move from impulse to informed participation, engaging markets with reason, perspective, and long-term intent.
Note to readers: This article is part of HT's paid consumer connect initiative and is independently created by the brand. HT assumes no editorial responsibility for the content, including its accuracy, completeness, or any errors or omissions. Readers are advised to verify all information independently.
Want to get your story featured as above? click here!
Source: HindustanTimes
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