Gratuity

Gratuity Calculation in India: Formula, Eligibility & Tax Guide (2025)

Gratuity is a lump-sum retirement benefit payable after 5 years of continuous service. Understanding the formula, the 240-day rule, and the ₹20 lakh tax exemption helps you plan your exit confidently.

📅 Updated June 2025 ⏱ 5 min read 🇮🇳 India-specific

What is Gratuity?

Gratuity is a lump-sum payment by an employer in recognition of long service. It is governed by the Payment of Gratuity Act, 1972, which applies to establishments with 10+ employees. It becomes payable on retirement, resignation after 5 years, death, or disablement.

Eligibility Conditions

  • Minimum 5 years of continuous service with the same employer
  • The 5-year requirement is waived in cases of death or disablement
  • Applies to factories, mines, oilfields, plantations, ports, railways, shops, and IT companies
The 4 Years + 240 Days RuleCourts have held that completing 4 years and 240+ days in the 5th year may be treated as 5 complete years for gratuity. Employees approaching 5 years should be aware of this.

Gratuity Calculation Formula

Gratuity = (Last Drawn Basic + DA) × 15 ÷ 26 × Years of Service

Where: 15/26 = 15 working days ÷ 26 working days per month. Years rounded to the nearest half-year (6+ months in a year counts as full year). Maximum: ₹20,00,000.

Worked Examples

ScenarioBasic+DAYearsGratuity
5 years service₹30,000530,000 × 15/26 × 5 = ₹86,538
10 years service₹50,0001050,000 × 15/26 × 10 = ₹2,88,462
20 years service₹80,0002080,000 × 15/26 × 20 = ₹9,23,077
30 years (high salary)₹1,50,00030Capped at ₹20,00,000

Gratuity Provision in CTC

Many companies include gratuity in CTC even though it is not paid monthly:

Monthly Gratuity Provision = Basic × 4.81%

This 4.81% (= 15/26 ÷ 12) appears in your CTC breakup, creating a visible gap between CTC and gross salary.

Tax Exemption on Gratuity

Employee TypeTax Exemption
Government employeesFully exempt — no limit
Private sector (Gratuity Act covered)Exempt up to ₹20,00,000

For most employees, the entire gratuity amount is tax-free. Only amounts above ₹20 lakh are taxed at applicable slab rates.

Payment Timeline

Gratuity must be paid within 30 days of becoming due. Late payment attracts interest. Employees can approach the Controlling Authority (Labour Commissioner) if gratuity is withheld.

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Frequently Asked Questions

Yes for establishments covered under the Payment of Gratuity Act (10+ employees). Employers must pay gratuity upon retirement, resignation after 5 years, or death/disablement.
No statutory gratuity on voluntary resignation before 5 years (except death or disablement). Some companies pay ex-gratia as a goodwill gesture.
The tax-free gratuity ceiling is ₹20,00,000 (₹20 lakh). Amounts above this are taxable at applicable slab rates.
No. Gratuity is not paid monthly. It may appear as a provision line in your CTC breakup letter but is only paid on exit after 5+ years.
Partially or fully, if an employee causes damage or loss to the employer or is dismissed for wilful misconduct. Due process under the Act must be followed.