🏆 Payment of Gratuity Act 1972

Gratuity Calculator – Calculate Your Gratuity Amount

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🏆 What is Gratuity?

Gratuity is a lump sum benefit paid by an employer to an employee as a token of appreciation for services rendered, typically paid upon retirement, resignation (after 5 years), death, or disability. It is governed by the Payment of Gratuity Act, 1972 in India.

📈 Gratuity Calculation Formula

For employees covered under the Act:
Gratuity = (Last Drawn Basic Salary × 15 × Years of Service) / 26

For employees NOT covered:
Gratuity = (Last Drawn Basic Salary × 15 × Years of Service) / 30

The “26” represents working days in a month (excluding 4 Sundays), while “15” represents 15 days of salary for each year of service. Only Basic + Dearness Allowance (DA) is considered, not the full gross salary.

✅ Eligibility Criteria

  • Minimum 5 years of continuous service (except death/disability)
  • Applicable to establishments with 10 or more employees
  • Applies on retirement, resignation, death, disability, or retrenchment
  • For death/disability, the 5-year rule is waived entirely

💰 Tax on Gratuity

Employee TypeTax Exemption Limit
Government EmployeesFully exempt (no limit)
Private Sector (covered under Act)Up to ₹20,00,000
Private Sector (not covered)Least of: actual gratuity, ₹20L, or half-month salary per year

📝 Worked Example

Basic Salary: ₹50,000/month, Years of Service: 12 years, Covered under Act

Gratuity = (50,000 × 15 × 12) / 26 = ₹3,46,154

Since this is below ₹20 lakh, the entire amount is tax-free.

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⚖ Gratuity vs Provident Fund — Key Differences

FeatureGratuityProvident Fund (PF)
Who ContributesEmployer onlyBoth employee and employer
EligibilityMinimum 5 years serviceFrom day 1 of employment
Calculation BaseBasic + DA × years of service12% of basic monthly (each side)
WithdrawalLump sum on exit (after 5yr)Can be withdrawn/transferred anytime
Tax TreatmentTax-free up to ₹20LTax-free if withdrawn after 5 years continuous service

📋 Gratuity Nomination and Death Cases

Every employee covered under the Gratuity Act should file a nomination (Form F) designating who receives their gratuity in case of death before retirement.

  • With valid nomination: Gratuity paid directly to nominated family member(s) without requiring succession certificate
  • Without nomination: Legal heirs must obtain succession certificate, delaying payment significantly
  • Death before 5 years: The 5-year minimum service rule is waived entirely; gratuity is calculated and paid based on actual service period
  • Multiple nominees: Employee can specify percentage split among multiple family members
⚠ Action Item: If you haven’t filed a gratuity nomination with your employer, do so immediately (usually via HR/Form F). This prevents significant delays and complications for your family in unfortunate circumstances.

Gratuity Forfeiture Conditions

Gratuity can be wholly or partially forfeited if the employee is terminated for proven misconduct involving moral turpitude, or for causing loss/damage to employer property through willful negligence — though this requires due process and is relatively rare.

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💼 Employer Obligations for Gratuity

Under the Payment of Gratuity Act, employers with 10+ employees must maintain adequate provisions or insurance to cover gratuity liability, ensuring funds are available when employees become eligible.

Employer OptionDescription
Gratuity TrustSeparate trust fund managed to cover future gratuity payouts
Group Gratuity InsuranceInsurance policy (LIC or private insurer) covering gratuity liability
Pay-as-you-goDirect payment from company funds when due (riskier for large companies)

❓ Frequently Asked Questions

What is the gratuity calculation formula? +
For employees covered under Gratuity Act: Gratuity = (Basic Salary × 15 × Years of Service) / 26. For employees not covered under the Act, divisor is 30 instead of 26. Maximum tax-free gratuity is Rs. 20 lakh.
What is the minimum service period for gratuity eligibility? +
Minimum 5 years of continuous service is required to be eligible for gratuity, except in cases of death or disability where the 5-year rule does not apply and gratuity is paid regardless of service duration.
Is gratuity taxable in India? +
Gratuity received is tax-exempt up to Rs. 20 lakh for employees covered under the Payment of Gratuity Act, 1972. Any amount above this limit is taxable as per your income tax slab. Government employees receive full tax exemption without any limit.
How is gratuity calculated for employees not covered under the Act? +
For employees not covered under Gratuity Act (some private establishments), the formula uses 30 days instead of 26: Gratuity = (Basic Salary × 15 × Years of Service) / 30, resulting in a slightly lower gratuity amount.
Can I get gratuity before 5 years of service? +
Generally no, except in cases of death or permanent disability of the employee, where gratuity is payable regardless of the length of service, calculated based on actual years worked.
Is gratuity calculated on basic salary or gross salary? +
Gratuity is calculated only on Basic Salary plus Dearness Allowance (DA), not on the full gross salary. Other components like HRA, special allowance, and bonuses are excluded from gratuity calculation.