New Gratuity Rules 2026: How the 50% Wage Rule Changes Your Payout (With Calculator)

By
Hemant Beniwal
-
165
new gratuity rules 2026

Last Updated on April 6, 2026 by Hemant Beniwal

🆕 Updated April 2026

India’s Code on Social Security, 2020 became legally effective November 21, 2025. New rules on wage definition, fixed-term eligibility, and settlement timelines now apply. This article has been fully updated to reflect the changes.

My partner Vikas worked 5 years at a financial company before he quit to join our financial planning firm.

When he left, he received Rs 4.8 lakh in gratuity. No fanfare. No announcement. It simply arrived in his account.

He had no idea it was coming. He had never tracked it. And he had certainly never thought about how to invest it.

Now imagine his situation today — under the new rules. The same 5 years of service, the same salary — but his gratuity would be 40 to 70% higher because the wage base used in the calculation has fundamentally changed.

This post covers everything: the old rules, what changed in 2026, how to calculate your new gratuity, and what to do with the money when it arrives.

⚡ Quick Answer — 2026 Update

Gratuity calculation formula stays the same: Basic Salary × 15/26 × Years of Service. What changed: wages used for calculation must now be minimum 50% of your total CTC — up from whatever low basic your employer had structured. Result: gratuities are 40–70% higher for many private sector employees. Fixed-term employees now qualify after 1 year (down from 5). Tax-free limit unchanged at Rs 20 lakh. New rules effective November 21, 2025.

new gratuity rules 2026

What Changed in 2026 — The 3 New Gratuity Rules

The Code on Social Security, 2020 became legally enforceable on November 21, 2025. April 1, 2026 is when most companies are restructuring payrolls to comply. Three changes matter for you as an employee.

Change 1 — The 50% Wage Rule (Biggest Impact)

Previously, employers legally structured salary so that your “basic pay” — the figure used to calculate gratuity — was as low as 20 to 30% of your total CTC. The rest was HRA, special allowances, performance bonuses, and so on. Result: lower gratuity liability for the employer, lower payout for you.

Under the new rules, your basic pay + DA must be at least 50% of your total CTC. If allowances exceed 50% of total remuneration, the excess is added back into wages for calculation. Employers can no longer artificially suppress the gratuity base.

Before vs After — Rs 1 lakh CTC, 10 years service

Parameter Old Structure New (2026)
Monthly basic used for gratuity Rs 30,000 (30% of CTC) Rs 50,000 (50% of CTC)
Gratuity after 5 years Rs 86,538 Rs 1,44,231 (+67%)
Gratuity after 10 years Rs 1,73,077 Rs 2,88,462 (+67%)
Gratuity after 20 years Rs 3,46,154 Rs 5,76,923 (+67%)

Source: ClearTax/Livemint. Actual increase varies by existing salary structure.

One important note: your take-home salary may decrease slightly as a result. When basic pay goes up to meet the 50% rule, PF contributions (12% of basic) also go up. You receive more in retirement benefits and less in monthly cash. This is a structural shift from “cash now” to “security later.” It’s not a pay cut.

Change 2 — Fixed-Term Employees: Gratuity After 1 Year

Previously, only employees with 5+ continuous years of service qualified. If you were on a fixed-term contract of 3 years, you received nothing when it ended.

Under the new rules, fixed-term employees are eligible for pro-rata gratuity after just 1 year of continuous service. This covers millions of contract workers, professionals on time-bound assignments, and employees in the gig-adjacent economy who were previously excluded.

📋 Example: Meena completes a 2-year fixed-term contract earning Rs 30,000 basic/month. Under old rules: zero gratuity. Under new rules: 30,000 × 15/26 × 2 = Rs 34,615. She receives this on contract completion.

For permanent employees, the 5-year rule still applies. This change only benefits those on fixed-term contracts.

Change 3 — Full & Final Settlement: 2 Working Days

Previously, gratuity had to be paid within 30 days — a rule companies often stretched to months. Under the new codes, full and final settlements including all dues must be completed within 2 working days of exit in most cases.

If payment is delayed beyond the statutory deadline, the employer must pay simple interest from the due date. Non-compliance penalties under the new codes are significantly steeper than under the old Payment of Gratuity Act.

gratuity meaning calculation

What Is Gratuity in India?

Gratuity is a lump sum payment made by an employer to an employee as a token of gratitude for continuous service. It’s now governed by the Code on Social Security, 2020 (which replaces the Payment of Gratuity Act, 1972) and is mandatory for all companies with 10 or more employees.

Think of it as your employer’s final “thank you” — paid at the time you leave, retire, or in the unfortunate event of death or disability. It’s not a bonus. It’s not discretionary. If you’ve served the required period, your employer is legally obligated to pay it.

Who Is Eligible for Gratuity?

Situation Eligible? Notes
Permanent employee — 5+ years, resigned or retired Yes Full gratuity payable
4 years 10 months service (permanent) Yes — rounds up to 5 years 6+ months in final year = round up
4 years 5 months service (permanent) No Under 5 months in final year = no gratuity
Fixed-term employee — 1+ year (NEW 2026) Yes — pro-rata Major change: was 5 years, now 1 year
Death during service Yes — regardless of tenure Paid to nominee for all years worked
Disability during service Yes — regardless of tenure Paid for all years worked
Terminated for misconduct No Violence or morally wrong acts only
Retrenched for performance or cost-cutting Yes — if eligible tenure served Retrenchment does not forfeit gratuity

Gratuity Calculator 2026 — New Rules

Enter your CTC, current basic pay, and years of service. The calculator applies the 50% wage rule automatically and shows your old vs new gratuity side by side.

📋 The 4 years 10 months rule: If you’re at 4 years and 7 or more months, it rounds up to 5 completed years and you qualify. If you’re at 4 years and 5 months, you don’t qualify. A few weeks’ timing can cost you lakhs — check your dates carefully before resigning.

Gratuity Tax Rules — What You Actually Keep

Category Tax Exemption What Is Taxable
Central/State Govt employees 100% exempt — no limit Nothing
Private sector — covered under Act Lowest of: Rs 20 lakh / actual / formula Amount above Rs 20 lakh at slab rate
Private sector — NOT covered under Act Lowest of: Rs 20 lakh / actual / ½ × avg × years Amount above exemption at slab rate

The Rs 20 lakh tax-free limit was set in 2018 and remains unchanged. Note that with higher gratuity payouts under the new 50% wage rule, senior executives with very long tenures and high salaries may now breach the Rs 20 lakh ceiling — something that was rare before. Plan accordingly.

The Question Nobody Asks: What Do You Do With the Money?

For a 58-year-old senior executive, Rs 15 to 25 lakh in gratuity arriving at retirement isn’t just a number. It’s potentially 18 months of living expenses. It’s the seed of a retirement income layer. It’s money that, invested wisely, can work for the next 25 years.

And yet most people do one of two things: park it in a savings account “temporarily” (and it stays there), or let a relationship manager talk them into a single premium insurance product. Neither is a plan.

🚨 The real risk with gratuity: It arrives as a lump sum in an account that already feels full. The psychological pressure to “do something with it” leads most people into bad decisions — guaranteed plans, unit-linked insurance, or fixed deposits that don’t beat inflation. The absence of a plan is itself a plan — and usually a poor one.

For a deeper look at how to structure retirement income when large lump sums arrive, read our guide on the best investment options for senior citizens in India. And if you’re evaluating insurance products being pitched at retirement, read our honest review of the LIC Jeevan Akshay VII annuity plan before making any decisions.

Retiring soon? Gratuity arriving this year?

At RetireWise, we help senior executives build a layered retirement income plan before the lump sums arrive — so the money goes where it should, not where the next caller directs it.

Explore RetireWise

Frequently Asked Questions — 2026 Gratuity Rules

Will my gratuity increase under the new rules?

Most likely yes, if your employer previously structured basic pay below 50% of CTC. Under the 50% wage rule, the base for gratuity calculation goes up — increasing payouts by 40 to 70% for many private sector employees. The formula itself hasn’t changed.

When exactly do the new rules apply?

The Code on Social Security, 2020 became legally effective November 21, 2025. April 1, 2026 is the financial year start when most companies are implementing payroll restructuring to comply. The law applies to all exits from November 21, 2025 onwards — the higher wage base applies to your entire completed tenure for calculation purposes.

Will my take-home salary go down because of the 50% rule?

Possibly, marginally. When basic pay increases to meet the 50% rule, PF contributions (12% of basic) also increase. If your total CTC stays the same, the net-in-hand decreases slightly. This isn’t a pay cut — it’s a redistribution from current income to retirement savings. Some employers may restructure CTCs rather than reduce take-home.

I am on a fixed-term contract. Am I now eligible for gratuity?

Yes, if you’ve completed at least 1 year of continuous service with the same employer. Under the new rules, fixed-term employees receive pro-rata gratuity at contract completion or exit. This is one of the most significant changes in the new labour codes.

What if I have worked 4 years and 8 months?

You qualify for gratuity. Six or more months in the final year rounds up to a full completed year. Four years and 8 months = 5 completed years for gratuity purposes. Time your resignation carefully — a few weeks can make the difference between qualifying and not.

Is the Rs 20 lakh tax-free limit also changing?

No. The Rs 20 lakh tax-free limit is unchanged. However, with higher gratuity payouts under the 50% wage rule, senior executives with long tenures and high salaries may now exceed this ceiling more commonly than before. Any amount above Rs 20 lakh is taxed at your applicable slab rate.

Can my employer refuse to pay the higher gratuity?

No. The 50% wage rule is a legal mandate under the Code on Social Security, 2020. Employers who fail to restructure salary or pay the correct gratuity amount face higher penalties than under the old Payment of Gratuity Act. If you believe you’ve been underpaid, you can approach the Controlling Authority under the relevant labour code.

Gratuity is not a gift. It’s deferred compensation you earned — one year at a time.

Under the new rules, you’ve earned more than you thought.

💬 Your Turn

Have you calculated your gratuity under the new 50% wage rule? Does your employer’s current salary structure already comply — or do you expect a payroll restructure? Share below.

165 COMMENTS

  4. I got superannuated on 24.01.2016 with 39 years of service in BHEL a PSU & got Rs. 10 lac as gratuity. Will I now get additional Rs. 10 lacs gratuity

  5. My Father got superannuated on 31 st Jan 2016 from Indian oil corp Ltd with 33 yrs of service. Got rs. 10 lakh. Will he get additional 10 lakh now? Pls reply…

    • Dear sir, no.. you will not receive the double amount (I.e; Rs. 20 L) of gratuity (Rs. 10 L)… The amendment is applied only to avail TAX benefits on gratuity amount..

      • Dear Koushik,
        Hans Raj is right – Superannuation fund and Gratuity are two different things.So he will not get any additional amount.

      • On retirement during/after Jan.2016 from Govt.Corporate body Gujarat Urja Vij Nigam Ltd./DGVCL etc.,diference of the enhanced amount of gratuity amended in 2017 can be payable as per initiation of the Union Cabinate of Sept.,2017.

        amou

    • My father was working in a shop since 36 year but unfortunately died in july 2017. Owner of the shop said that we don’t have employee’s more then 10 so can’t pay you gratuity. But last few year back he was more than 10 employees. My father always said that i have my gratuity amount around 5-6 lakh. Last salary drawn in account was 30000/-. The firm is available in delhi chandni chowk. They also have another firm in another place. His son is owner of this company.

      So please helps us.

  8. After serving for 22 years in an MNC Bank, my role was made redundant and I was released w.e.f 25/12/2015 with 3 months notice pay wef 25/12/2015 to 24/3/2016 and redundancy pay starting 25/3/2016. Am I eligible to get the increase in gratuity which is applicable from 1/1/2016 ?

  9. I have retired from undevided Andhra Pradesh State Financial Corporation on March, 2015. AP Govt. extended retirement age from 58 to 60 years wef. 2.6.14. Supreme Court extended the facility to PSUs also with monitory benefits wef from 2.6.14. Can I claim difference gratuity amount of Rs. 10 lacs ?

  10. Hello Hemant,

    Shailesh Biradar here.

    I have completed 1661 days or 4.55 yrs of service in public limited company, including three months of notice period?

    Will I be eligible for gratuity?

  11. Hello Hemant,

    Thanks for quick response.

    Can I get some official document, for making it as basis for my claim.

    Want to took your paid consultation in this matter.

    Kindly share your contact number

  13. Dear sir,

    myself retired from one of the maharatna company(central govt) in 2016 may….can i eligible for other 10lach gradutity..

  14. I have worked in Vikram India Limited at Kolkata from 01/10/1984 to 31/01/2014 when they forcibly asked me to resign.my last salary payment was Rs.22000/-p.m.They didn’t show me the calculation of gratuity but paid me around Rs.1300000/-and settled my account. I want to know hoe legally I cam claim full payment of proper calculation gratuity and pension

  15. Hello Hemant,
    really appreciate your article. Thank you so much. here is my query.
    i worked in software company, when i have joined, I’m the 6th employee. Now i have completed 5+ years and leaving the company and when i ask for gratuity management is saying that

    “It is not there in your salary break up, we haven’t deducted any gratuity from your salary and as per our company policy there is no gratuity”.

    so, am i’m not eligible for gratuity. ??
    and what i can do ?
    Thanks in advance for your response / suggestion.

  17. Dear sir,

    i am going to complete 31yrs and 6month service in central govt. my basic is 53600.00 and DA 2680.00.
    Am I get Rs.2000000.00 of gratuity.
    kindly help me how much i will get.

  18. SIR,
    IT IS SHOWING RS. 900000 ONLY

    I HEARD GOVT RAISED THE RATE FROM 10LKS TO 20 LKS LIKE THAT.
    KINDLY HELP ME . I TRADSMAN. I DO NOT KNOW ABOUT THAT.

  20. Hi Hemanth,

    I have completed 4.7yrs in my current company. when i am asking for gratuity eligibility .they are telling 4.8yrs without notice period is mandatory.
    Pls suggest… am i eligible forgratuity or not.

    is gratuity calculation period varies organization to organization?

  21. I am working in Pvt. Ltd. Company. I retired at age 60. But the Company has appointed me immediately after retirement in the same position. I am working in AGM level. My DOB is 20th of July, 1956. I joined this Company in 13th of September, 2013 and I am continuously serving after retirement. Am i entitled for Gratuty after completing 5 years tenure.

  24. Hello Sir,
    My company (Private) has made structural changes due to which several employees were asked to go in Oct 2017. As per the new law (to my knowledge) the maximum limit for gratuity is raised to Rs 20 lacs. All renowned websites, journals etc have mentioned the same. Please advise if this correct? If so where can I find a copy of this amendment / act?

  25. Sir
    I am working since 01.01.2008 & will leave on 30.11.17.,During 2009 I was absent more than 7 months.
    should I get gratuity for 10 years calculation or 9years calculation.

    • Hi Pawan,
      I am not sure how such a long break is considered – if they consider 2009 as rejoining (new), then you should get for 8-9 years.

  26. Hello Sir,
    I am Working in MNC company since Oct,1999 in UK based company and which was taken over by Belgium based company in 2005 and later taken over by German company in 2016, I have completed 18 years of service. how much Gratuity i can get now.

  27. Hello Sir,
    My name is sudip shekhar Roy & I am 31yrs old..Sir on date 04/03/2013 I have joined in private pharma company as a Territory manager & resigned on 4/10/2017
    So my service period was 4yrs & 7 month so please guide me whether I am eligible for gratuity or not…

  28. I retired on superanuation after completing 38+ years of service in March 2017 and department paid me Rs.1390158/- as Gratuity. As on date of retirement my basic pay was Rs.82600/- and DA Rs.1652/-. Kindly confirm whether department paid me the correct Gratuity amount.

  29. Hi Hemantji I was retired on 30-04-2017 under VRS scheme from SBI (eSBBJ). As per calculation for Gratuity the amount was Rs. 16.50 lac but due to Max. Amt of gratuity I was paid Rs. 10.00 lac. After amendment in act the maximum amount revised to 20.00 lac. Whether I am eligible for remaining amt i.e. 6.5 Lac now ?

  30. Dear Sir,
    I am working in privet sector ,I put my resignation today on 6th of DEC, my reliving date will be 5th of march 2018, according to company policy salary revision is from 1st march, on that day i will complete 11 year and 8 months.
    how my gratuity will calculate? based on FEB salary or revised MAR.18 salary, Please reply and suggest is there any rules to consider last drawn salary for full month or partial is also acceptable.

  32. Hello , I have completed 4 years and 11 month from joining to last date of working in a company .. So Please let me know .. should I get gratuity ? ..
    Am I eligible for gratuity or not ..

  33. Dear Sir,

    That’s a nice information you shared. Thanks for that. I have one query. I was working with one of the IT company. It was a partnership firm. I have completed 6 years and 11 months in that organisation. I left job in Mar-2014 and i don’t know about the gratuity. One year before quitting my job our 2 bosses got split. I just came to know about gratuity. its now more than 3 years i left my previous job. I just want to know that am I eligible to ask gratuity from my ex organisation?? Sir, your suggestion will help me and will be a great help.

  34. Dear Sir,
    For calculating gratuity, Salary = Basic Pay + Dearness Allowance + Commission
    Here , can incentive be considered as commission?
    I work in R&D. I dont get commission but I get quarterly incentive (2.5% of CTC).

  35. dear sir

    Private sector very low basic salary gratuity calculate basic not total monthly salary,
    please gratuity calculate gross salary or monthly ctc salary.

  36. Hi sir,

    I have completed 5 years and given resignation also. software company having 300 employees.
    my salary breakup doesn’t have DA . components are
    Basic salary, HRA, Travel Allowance, Leave Travel allowance, medical reimbursement, special allowance and bonus.

    please confirm how to calculate Gratuity?
    Also there is no PF providing for employees.

  37. I am working in an organization from last 6 year 6 , 6 month and 10 days. So what will be the time period I count? Organization calculating my gratuity as basic * 6.6* 15/26. Please help on this might be it will be count 7 year. And they are also calculating my starting 6 months gratuity 1/4 of 6 months. Is there any rule of this?

    • Dear Naveen,
      As you have completed more than 6.5 years in the company so you are eligible for 7 years gratuity.
      I will suggest you consult with your CA for the issue.

  39. Hi Hemanth,

    I have completed 4.8yrs in my current company. So I eligible for gratuity or not ?

    My Joining date is 08 Apr 2013,

    • Dear Alpesh,

      As you have completed 4 years & 8 months (More than 4.5 years & this will be considered 5 years) so you are eligible for gratuity.

  40. HI Sir,
    I have completed 4 years, 8 months and then resigned from a company. Am i eligible for gratuity or not?
    Please let me know.

    • Dear Bala,
      As you have completed 4 years & 8 months (More than 4.5 years & this will be considered 5 years) so you are eligible for gratuity.

  41. Hi Sir,
    I have completed 7 years and 2 months. it is a Pvt ltd company.
    my salary breakup doesn’t have DA. components are Basic salary, HRA, medical Allowance, Travelling allowance and bonus.
    please confirm how to calculate Gratuity?
    my current salary is 26850/-
    completed 7 yrs and 2 months and notice period 1 month
    pls guide me

  42. Hello Sir may i please know the gratuity formula for government employee,my mother is nurse (ANM) as per my knowledge formula should be (Basic sal.+D.A.×15×no.of yr servces/26
    But govt cleark saying no D.A. will consider and instead of deviding by 26 the devide by 30 so there formula is Basic×15×cmpleted srvices/30.
    Which one is right for Govt health dept employee.

  43. I worked for a company from 1st may 2012 to 28th Nov 2017. The company does not provided with salary slip&paid by cash for years together. How can I claim gratuity amount.

  44. Hi Hemath,

    Mohan here.

    I am working in an organization from 4 years 10 months . I am planning to resign this organization end of this month. My notice period is 2 months there by I will be complete 5 years by April 2018. will I get gratuity or not?

    • Dear Mohan,
      As you will complete 5 years in April & notice period is also counted as service provided by you. So you are eligible for gratuity.

  46. sir
    pl. define no. of days worked (minimum) with the company actual figure with respect minimum workind days worked
    thanks

  47. Dear HR,

    After continues service of 5 years . Gratuity years should calculated as roundup or at actual..,

    means employee completed 5 plus 6 months service, so he is eligible for 5.6 months gratuity or 6 years gratuity?????

    • Yes.. As you have completed 4 years & 7 months (More than 4.5 years & this will be considered 5 years) so you are eligible for gratuity.

  49. Dear Hemant,
    Been with this company for some time now, almost 8 years. Its just that the salary gets credited to the account. We dont receive any salary slip. Thus not clear of the basic salary and DA the employer & CA considers. Its a private limited company. The company has now started harassing by totalling changing the job profile as the increment is due this month. As I have no choice, I have to resign from the job. Can you please guide how to go about it.
    Thanks
    Geeta

  51. Hi Iam Ragu – I started working in an organization from 16th Oct 2013 to till 10th feb 2018th. 5 days a week working company is it possible for me to get Gratuity

  53. Hi Hemant,
    I’m working in a private school for last 10yrs & 7months. I had joined it in 2007 August end and I got job confirmation in 01/01/2010. Now I have resigned and this Feb 28th is the last working day of mine in this institution. What should be be my gratuity status. Kindly advise.
    A. Jaiswal

  55. hello Sir,
    I am a teacher I completed 4 years 9 months in my school and got a better job offer for notice period of three months I paid my school an amount of 72800/ please tell me I am eligible for gratuity or not
    if yes will you please share me some evidance.

    Regards

    • Dear Deepak,

      As per gratuity rules, if the employee works above the ground, 240 working days in a year is taken as 1 year for gratuity calculation. So, your 9 months will be counted as 1 year and you will be eligible to receive gratuity. Notice period is included in gratuity calculation.

  56. Hii
    I am join at 18dec2012 in a fast food industry and 30 Nov 2017 is my last date of this company. I am complet 4 year 11 month 12 days should I eligible for graduate.???

    • Dear Ragu,
      As per Payment of Gratuity Act 1972, a person is eligible for gratuity if he continuously serves the organization for 5 or more years. In your case, you are serving for less than 5 years. Hence you are not eligible for gratuity.

  57. Hello Sir,

    I have worked in a private organization which has 5 days working policy for 4 years & 225 days (4 years & 7.5 months), Please confirm if I am eligible for Gratuity pay out

    If I am eligible please share evidence.

    Regards,

    • I feel that 4Y 8M is the minimum period ( 4 yrs 240 days ) for IT employees, as they have 5 days per week. Your 240 days in last year can include holidays, weekends, paid leaves etc.

      If it is some coal mine employees ( min oxygen, hazardous job etc ) or some other org wherein 6 days per week exist, minimum period is 4Y 190 days.

  59. Hello Sir
    please reply for my question as it is going so troubling for me.

    Deepak gandharv February 24, 2018 at 1:51 PM
    hello Sir,
    I am a teacher I completed 4 years 9 months in my school and got a better job offer for notice period of three months I paid my school an amount of 72800/ please tell me I am eligible for gratuity or not
    if yes will you please share me some evidance.

    Regards

  60. i have completed 4 years and 6 months, whether i will get gratuity. also my salary structure below

    As per calculation Salary = Basic Pay + Dearness Allowance + Commission

    but my salary having lots of variable, how much i will get if eligible

    BASIC 18818.00
    HRA 9409.00
    TRANSPORT ALLOWANCE 1600.00
    SPECIAL ALLOWANCE 3839.00
    MEDICAL 1250.00
    LTA 1882.00
    STATUTORY BONUS 838.00
    Advance SCA 7409.00
    Total Earnings 45045.00

    • Dear manu,
      As per Payment of Gratuity Act 1972, a person is eligible for gratuity if he continuously serves the organization for 5 or more years. At present, you are serving for less than 5 years. Hence you are not eligible for gratuity.
      How much you will get if eligible? I think your payroll department will provide you more appropriate figures on gratuity calculations.

  61. S Murugadoss
    Respected sir, I am retired from TVS private company on 02 Feb 18.My designation was Watchman cum driver. At present I got,
    Basic 1096,
    Special Basic 739,
    Fixed DA 4080,
    Variable DA 5825,
    Personal pay 5623
    I joined this company 11.10.2004.
    Retired from 02.02.2018.
    Retirement age 58.
    I got my gratuity Rs 132176 only.
    Is this correct, please clear my doubts.
    With Records.

  62. Hi,
    I have joined the company in USA in year 2000 and then I took transfer to India in Jan 2008. My net service credit date is Sept 2000 and in the offer letter in India, it was mentioned that gratuity will be calculated as per the act. Now there is retrenchment going on in the company. How my gratuity will be calculated? Will it for 18 years?

  63. Hi,
    I had joined a private sector organization (covered under Gratuity act – 1972) on 20-Sept-2010 and I am due release from this organization on 23-March-2018, hence I’ll be completing total service period of 7 Year, 6 Months and 3 days.
    Could you please let me know – l’ll be eligible for 7 years of Gratuity or 8 Years?

    Thanks,
    Krishna

  64. Hi,
    I worked for 23 yrs in a PSU and on resigning I got the Gratuity as per the prevailing law after deduction of IT.
    Then I joined a Private company and superannuating this month after serving for 11yrs.
    My questions are,
    i) Should the earlier drawn gratuity be be added to the current gratuity calculation to determine the 20lakh limit or the gratuity now calculated would be independent of earlier drawn gratuity.
    ii) the IT already paid in my earlier Gratuity be considered while calculating IT above 20 lakh limit

  65. I am working in a private secror MNC. Here the basic salary is just 25% of my actual salary, as there are other compnents like statury bonus, HRA, transportation allownce etc.

    We dont get any DA, so for calculating the gratuty will it only consider the basic as there is no DA or there is any other component to be added with basis for private sector where there is no DA paid?

  66. Dear sir

    special allowance or dearness allowance is same ?

    I joined my company 26-09-2006

    but my company payroll 01-07-2010

    sir meri graguity kab se start hogey

    2006 se or 2010 se

  67. I retired on 31/05/2016 after completion of 39 years and 7 months of ser
    vice in Canara Bank shall I get 29 lakhs as per new amendment.

  68. Hello Hemant I worked in a private sector company and retired on 30th April 2017. The gratuity amount was Rs 21 lacs of which Rs 10 lacs was given as deduction from taxable amount. Now with the notification dated 29th Mar 2018 amending the Gratuity amount to Rs 20 lacs from Rs 10 lacs for deduction from taxable amount would I be able to ask the Income Tax Officer for an additional Rs 10 lacs deduction w.r.t gratuity in AY 2018-19 Many thanks in advance

  69. Dear All,
    i have joined the company on 01.08.2013 and continuing working same company. so pl tell which date I will eligible for graduate.
    thanks & regards

    Dinesh Kumar Kushwah

  71. I retired on 31.12.17 from a Public sector Bank. I got gratuity of Rs 14.70 lakhs. Whether I am entitled for tax exemption for the full amount. Am I eligible for additional amount of gratuity consequent to amendment to the ceiling to Rs 20 Lakhs

  72. It is a general formula for calculating the Gratuity. That is Basic + DA X total Service X 15/26.
    My question is that it correct that add all the allowances in last drawn salary means. Basic + DA + All Allowances X Total Service X 15 / 26.
    Also I am asking this question related to the employees of newspaper–Working Journalist Act.
    Please Answer it.
    Thanks !

  76. Hi,
    I am working in a IT firm around 4 and 6 month ( till today). Am i eligible for gratuity upon resignation? My company works 5 days a week.

    If yes can anybody share the article from Government law. Government site reference link would be preferred.

  77. I AM WORKING IN PRIVATE LTD CO. MY BASIC IS 15,000 AND OTHER ALLOWANCE IS RS.5,000 AND I GOT INCREMENT, BONUS ON BASIC + OTHER ALLOWANCE. PL TELL ME ON WHICH PART I WILL GET THE GRATUITY.

  78. IF ANY EMPLOYEE GOT DEAD DURING THE SERVICE PERIOD ARE HE IS ELIGIBLE FOR GRATUITY AMOUNT.IF YES THEN HOW I CALCULATE HIS SERVICE PERIOD ( NO. OF YEARS )

  79. if any employee got dead in any accident are his legal hair is entitled for gratuity amount if employee total service period is 4 years . if yes then how many amount employer will paid under gratuity. basic wages is 20000 /month

  80. hello Sir ,

    I have worked in a private organization. 6 days working policy . i worked from 2 Sep. 2013 to till date .My last working date 16 June 2018.
    Please confirm if I am eligible for Gratuity pay out

    If I am eligible please share evidence.

    Regards,
    Rekha

  81. Hello,

    I left an IT company on 28th February 2017, but I have not been paid the full gratuity based on my years of service.

    Can you please clarify based on the working below. An amount of Rs 3,72,342.50 is due to me.

    Last basic ₹ 1,82,979.00
    Years of service 13
    “Grautuity Due based on 15 days salary for every year of service (Month = 26 days)” ₹ 13,72,342.50
    Amount paid ₹ 10,00,000.00
    Balance due from the company ₹ 3,72,342.50

    Is this correct ?

    Thanks,

    Vinod Sharma

  82. Dear Hemant Ji
    I joined a nation wide private school run by a trust in the year 1987 in Chandigarh and in 1994 i was send on a deputation to Panchkula to start another school as the head of the institution and retired from there on march 31st 2017, there was no break in the service am i entitled for my retirement benefits wef from1987 0r 1994?

  83. Thanks for the calculation sheet, I waisted two days finding the proper calculation of gratuity. I am also not aware of “240 working days in a year” for the private sector.

    Now I have to dive back and check whether for my fifth year, I have completed 240 days or not. otherwise, my employer rejects my application.

    Thank you once again.

  84. Dear sir I have worked 39 years of service and I have retired in the month of October 2017. At that my Basic plus DA is 80,360.00 (10 months average).
    How much Gratuity will come as per gratuity rules.

  85. hi hemant,
    my father is working in CA’s office as office boy since 15 years and more. they are having more than 10 employees including apprentices CA students. they don’t give gratuity to any one. so kindly let me know how can we get the gratuity from them, what proof we required to proof that he is working there since 15+ years. in short the process to get gratuity from such people.

    • Dear jay,
      Dearness Allowance is cost of living adjustment allowance which the government pays to the employees of the public sector as well as pensioners of the same. Dearness Allowance can be basically understood as a component of salary which is some fixed percentage of the basic salary, aimed at hedging the impact of inflation. All other above mentioned allowances are not included in DA.

  87. Hi Hemant
    I am working in a ltd company. And this company have 6 day working days in a week, my joining date is 4 june 2014. Can you please suggest me that as per the government rules and policies, what is the maturity date for my gratuity.Is notice period have any effect on maturity period because right now I am on notice period

  88. Dear Ragu,
    As per Payment of Gratuity Act 1972, a person is eligible for gratuity if he continuously serves the organization for 5 or more years. In your case, you are serving for less than 5 years. Hence you are not eligible for gratuity.

  89. Hi Hemant,

    I Joined my present company on 8th july 2014 and we have 5 day working days per week and iam currently working with the same company.I would like to resign on 8th march 2019 giving 3 months notice period.By this coming march i will be completing 4.8 years.So Please let me know am i eligible for getting gratuity.Does this 5 day per week will make any changes in completion of 4.8 years.Please confirm

    By the way your article on Gratuity collection is very useful.Thanks for this great article.

    Thanks
    Prasad

  90. Dear Hemant Sir,

    I have worked in my previous company for 4 Yrs. 10 months 15 days. Can i be eligible for gratuity. I have left my previous organization on 23/03/2016, but till date company has not done my full and final settlement. Whether company should give me interest of my pending dues.

  92. How Company can get Tax Benefits by setting up a Gratuity Trust before 31.03.2019 ?

    Gratuity benefits are governed by “The Payment of Gratuity Act 1972” and paid by the Company to an employee in addition to his salary on exit from the company. Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, –

    (a) on his superannuation, or
    (b) on his retirement or resignation, or
    (c) on his death or disablement due to accident or disease:

    Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:

    Gratuity is a statutory right of employee whoever completes 5 years in the same organization and is a terminal benefit. It means, Gratuity amount can be determined only on the monthly terminal wages of the employee on his exit from the Company after completion of 5 years of Service. The cost is to be borne by the Company and not by an employee. hence, unlike other fringe benefits (i.e. Medical Insurance, Term Insurance & Accidental Insurance) it can not be part of CTC.

    To understand this, let us take an Example,

    Mr. A Joins the Organization with a Basic Pay of Rs. 26,000/- per month and monthly CTC of 50,000/-. Assuming that expected increase in basic salary is assumed to be 10% p.a.

    Now Gratuity Payments for next 5 years will be :-

    On Completion of 1 Yr – (15/26)* 28,600*1 = 16,500/-
    On Completion of 2 Yrs – (15/26)*31,460*2 = 36,300/-
    On Completion of 3 Yrs – (15/26)*34,606*3 = 59,895/-
    On Completion of 4 Yrs – (15/26)*38,067*4 = 87,847/-
    On Completion of 5 Yrs – (15/26)*41,873*5 = 1,20,788/-

    Now for making the payment of gratuity, Company has 2 options :

    (i) Pay as you go option – Where company makes a provision of Gratuity in the Balance Sheet on the accrual basis taking an actuarial report on BS date from an Actuary and as and when Mr. A leaves the organization, company pay gratuity from their resources and get the tax benefit for the gratuity paid.

    Expected Tax Benefit calculation in case of “Pay as you Go Option” :-

    For Provision of 1st Yr – NIL
    For Provision of 2nd Yr – NIL
    For Provision of 3rd Yr – NIL
    For Provision of 4th Yr – NIL
    For Payment on 5th Yr – 1,20,788/-

    In this case company, Mr. A will leave the company then company will get the tax benefit of Rs. 1,20,788/-.

    (ii) Funding Option – In this option, Company decides to Setup an Approved Gratuity Trust . The Investment of Company is either “Self Managed ” or “ Managed by Insurance Company”. Company contribute the annual contribution in this Gratuity Trust and get the Tax Benefits. In this case, when Mr. A will leave the company, gratuity will be to Mr. A from the Gratuity Trust.

    Expected Tax Benefit calculation in case of “Funding Option” under Section 36(1)(v) of the IT Act 1961 for Annual Contribution which is 8.33% of Annual Basic Salary of Employee.

    For Contribution of 1st Yr – 28,600*12*0.833 = 28,589/-
    For Contribution of 2nd Yr – 31,460*12*0.833 = 31,447/-
    For Contribution of 3rd Yr – 34,606*12*0.833 = 34,592/-
    For Contribution of 4th Yr – 38,067*12*0.833 = 38,051/-
    For Contribution of 5th Yr – 38,067*12*0.833 = 41,857/-

    In this case, Mr. A will get gratuity of Rs. 1,20,788/- from the Gratuity Trust and employer will get approximate Tax Benefits of Rs.1,74,536/- for annual contribution made by him in previous 5 years.

    To get more clarity on the above example, let us take some more questions about the possibilities/event that may happen on or after completion of 5 years and their impact on the Company in case of “Funding Option” :-

    Question 1. If employee died during 1st to 4th year before completion of 5th year, then what would be the benefit for Company and employee’s Nominee ?

    Answer 1. If employees died after 1 yr, 2nd, 3rd and 4th year but before completion of 5th year, then the company will get tax benefits for the following contributions:-

    For Contribution of 1st Yr – 28,600*12*0.833 = 28,589/-
    For Contribution of 2nd Yr – 31,460*12*0.833 = 31,447/-
    For Contribution of 3rd Yr – 34,606*12*0.833 = 34,592/-
    For Contribution of 4th Yr – 38,067*12*0.833 = 38,051/-

    The company will get the Tax for the contribution made by him before the date of death of the employee as stated above and employee’s nominee will get following Gratuity Payments from the Trust along with a future service gratuity subject to certain limits as defined by the Insurance Company whilst taking Group Gratuity Scheme from the Insurance Company.

    Question 2. If the employee resigns during 1st to 4th year and before completion of 5th year, then what would be the benefit for Company and employee?

    Answer 2. If employees resign during 1st to 4th year and before completion of 5th year, then the company will get tax benefits for the following contributions:-

    For Contribution of 1st Yr – 28,600*12*0.833 = 28,589/-
    For Contribution of 2nd Yr – 31,460*12*0.833 = 31,447/-
    For Contribution of 3rd Yr – 34,606*12*0.833 = 34,592/-
    For Contribution of 4th Yr – 38,067*12*0.833 = 38,051/-
    For Contribution of 5th Yr – 38,067*12*0.833 = 41,857/-

    and the employee will not get following Gratuity Payment from the Trust. The amount contributed by the company and interest accrued will be used by the trust for future payments of Gratuity to other employees of the company.

    Question 3. If the employee resigns/retires after completion of 5th year, then what would be the benefit for Company and employee?

    Answer 3. If employees resigns/retires during after completion of 5th year, then the company will get tax benefits for the following contributions:-

    For Contribution of 1st Yr – 28,600*12*0.833 = 28,589/-
    For Contribution of 2nd Yr – 31,460*12*0.833 = 31,447/-
    For Contribution of 3rd Yr – 34,606*12*0.833 = 34,592/-
    For Contribution of 4th Yr – 38,067*12*0.833 = 38,051/-
    For Contribution of 5th Yr – 38,067*12*0.833 = 41,857/-
    Total Contribution in 5 years………………………= Rs.1,74,536/-

    and the employee will get Rs. 1,20,788/- as Gratuity Payment from the Trust. Since the company has contributed an amount in the trust is more then what is payable after 5th year so the surplus amount and interest accrued on the contributions of will be used by the trust for payment to the other employees.

    From above examples of “Pay as you go Option” and “Funding Option,” it is clear that Gratuity cannot be a part of CTC but it is a legal obligation which is borne by the Company on exit of the employee.

    The Company may have an option to set up a Gratuity Trust and make an annual contribution in the “Irrevocable Trust” so that he can avail the tax benefits Section 36(1)(v) of the IT Act 1961 and will have a Corpus in “Irrevocable Trust” which will be exclusively used by the Trustees to meet with Company obligation towards Gratuity Payments.

    We have provide consultancy for administration Gratuity Trust Fund in various organization in all sectors of Indian Economy on receipt of their Management request and If you wish to know details like:-

    1. Who can be covered under Gratuity Trust Fund?
    2. How can companies administer Gratuity Trust and avail of the tax benefits?
    3. Benefits to Employer,
    4. Benefits to Employee,
    5. Gratuity Trust Fund -Interpretation of Tax Implications.

    We may also be contacted for the structuring of other Retention Schemes, Group Health Insurances, Group Terms Insurances, Group Annuity Plans, Property/Fire Insurances and investment in 100% risk Free Government of India Bonds (GOI Bonds)

  93. Hi, I worked for a Pvt Ltd Security Company since 16th Apr 2011 till 31st Jan 2019. I was on leave from 17th Dec 2018 till 09th March 2019 , Due to a medical problem , requested to be relieved with effect 01 Feb 2019. The company accordingly relived me with effect 01 Feb 2019 as a special case. My salary break up was- Basic= Rs. 85000; HRA = Rs. 51,000/- & Conveyance = Rs. 34,000/- . Request you to please calculate my Gratuity dues and oblige. thanks

  94. If employee worked 03 years and left the organisation but company ready to pay the Gratuity for 03 years, in this case 03 years Gratuity amount is covered under tax exemption, please confirm.

    • Hi Prakash,
      From my point of view, gratuity is paid only to those employees who completed 5 years of continuous service, so working for 3 years, it’s not considered as a Gratuity, hence not covered under tax exemption.
      For more confirmation, consult with your CA.

  95. I have joined my company on 29 Aug 2014 and may last working day is 25th July 2019. During my period I took maternity leave for 3 months. is I am available for gratuity or not. Bcoz Hr is saying 5 years is maindaitry for Gratuity. But my friends is saying 4 years and 8 month. Plz suggest in this regards. company having 6 days working and 1 Saturday off.

  97. Private sector workers daily wage salaries .4 years & 3 months duty after company work closed. Please confirm gratuity benefits ya gratuity against other benefits ?

  98. Hi,

    I found your article very informative and you had great use of facts throughout the article.
    Thanks for sharing this valuable information with us, it is a really helpful article!

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