Gratuity Calculator India 2026

Gratuity is a lump-sum payment by employer to employee as appreciation for service rendered.

Who gets it: Employees under Payment of Gratuity Act, 1972 who have completed 5 continuous years of service.

Exceptions: Death or disablement requires only 3 years service. Termination also eligible after 3 years.

Coverage: Companies with 10+ employees, factories, mines, oilfields, plantations, ports, railways, motor transport.

Budget 2024 increased gratuity ceiling from ₹20 lakh to ₹25 lakh (effective Jan 2024).

What it means: Maximum gratuity payable is capped at ₹25L, regardless of calculated amount.

Example: If formula gives ₹30L, you receive only ₹25L. If formula gives ₹15L, you get full ₹15L.

Tax implication: Section 10(10) exempts gratuity up to ₹25L for private sector.

Formula: Gratuity = (Last Salary × 15 × Service Years) ÷ Working Days

Last Salary: Basic Salary + Dearness Allowance ONLY (no HRA, bonus, etc.)

15: Represents 15 days wages for each year

Working Days: 26 for private (6-day week), 30 for government (calendar month)

Service Years: Complete years + rounded months (>6m = next year)

Rule: If additional months > 6, round up tenure to next full year.

Examples:

• 5 years 3 months = 5 years (3 ≤ 6, ignore)
• 5 years 7 months = 6 years (7 > 6, round up)
• 10 years 6 months = 10 years (exactly 6 = ignore)
• 10 years 6.1 months = 11 years (>6, round up)

This rounding is mandatory under the Gratuity Act.

Private Sector: Tax exempt up to minimum of:

• ₹25 lakh (statutory limit)
• Actual amount received
• Amount as per formula

Government Sector: 100% tax-free (fully exempt under Section 10(10)(i)).

Above limit: Excess taxable as “Salary” income at your slab rate.

Voluntary resignation: NO – Must complete 5 years.

Exceptions (eligible before 5 years):

• Death: Nominee gets gratuity after 3 years service
• Disablement: Employee gets gratuity after 3 years
• Termination: Gratuity payable after 3 years
• Layoff: Depends on reason, usually 3 years

Key Differences:

Result: Government employees get slightly higher gratuity (30>26 means bigger amount).

Timeline: Employer must pay within 30 days of gratuity becoming payable.

Payable date: Last working day OR date of resignation acceptance OR superannuation date.

Penalty for delay: Interest @ simple interest on delayed amount + fine up to ₹10,000.

Your action: Submit Form I (application) to employer. Employer must process within 30 days.

Legal recourse available:

1. Submit written application (Form I) with proof
2. Employer must reply within 30 days with reason if rejecting
3. File complaint with Controlling Authority (Labour Commissioner)
4. Authority will hear both parties and pass order
5. If employer still doesn’t pay, can approach Labour Court

Penalties: Imprisonment up to 1 year + fine for willful non-payment.

Yes, in these cases:

• Termination for misconduct: Involving moral turpitude, violence, theft, fraud
• Willful damage: To employer property with malicious intent
• Disorderly conduct: Riotous behavior during working hours

Cannot be forfeited for: Poor performance, simple negligence, minor rule violations, ordinary termination.

Burden of proof: Employer must prove misconduct with evidence.

No, completely different:

Eligibility depends on:

Contract workers: If working continuously for 5 years with same employer (even through contractor), eligible.

Temporary/casual: Generally NOT eligible unless converted to permanent and then 5 years completed.

Fixed-term: New rule: Eligible if cumulative service 5 years across renewals with same employer.

Key factor: “Continuous service” – breaks < 2 months don’t affect continuity.

Two scenarios:

Scenario 1 – Break < 2 months: Previous service counts. Total service = old + new. Gratuity for total period.

Scenario 2 – Break > 2 months: Previous service does NOT count. Two separate gratuity entitlements if both >5 years.

Example: Worked 4 years, left, rejoined after 1 month, worked 2 more years = Total 6 years service → Gratuity for 6 years.

Already received: If you took gratuity on first exit, new gratuity only for new tenure.

Nominee receives if employee dies after 3 years service (not 5 years).

Order of priority if no nomination:

1. Widow/Widower
2. Children (equal shares)
3. Parents (if no spouse/children)
4. Siblings (if none of above)

Minor nominee: Guardian receives on minor’s behalf.

Tax status: Death gratuity 100% exempt up to ₹25 lakh for nominee.

Highly accurate! Follows official Payment of Gratuity Act, 1972 rules:

• ✓ Correct formula: (Salary × 15 × Tenure) ÷ Days
• ✓ Proper rounding: >6 months rule applied
• ✓ ₹25 lakh cap: Budget 2024 updated limit
• ✓ Sector-specific: 26 vs 30 days correctly used
• ✓ Tax exemption: Section 10(10) calculation

Note: For exact amount, consult your HR. Some companies may have additional policies offering higher gratuity (allowed if more than legal minimum).