Reviewed October 2026
How gratuity is calculated
Gratuity is a lump sum your employer pays when you leave after long service. The Code on Social Security, 2020 — in force since 21 November 2025 — keeps the familiar formula but makes fixed-term employees eligible after one year and widens the definition of wages.
Gratuity formula
Gratuity = 15 × last drawn monthly wages × years of service ÷ 26 Wages = basic + DA A final part-year of more than 6 months counts as a full year
15/26 represents 15 days' wages for every year of service, on a 26-working-day month. If your employer isn't covered, the tax-exemption formula is half a month's average salary for each completed year (15/30).
What changed with the labour codes
- Fixed-term employees are eligible after 1 year of continuous service. Permanent employees still need 5 years (except on death or disablement).
- 'Wages' can't be less than 50% of total remuneration. If allowances exceed 50% of your pay, the excess is added back — which raises gratuity for people with a low basic salary.
Worked example
Last drawn basic + DA of ₹50,000 and service of 10 years 7 months. The 7 months count as a full year, so gratuity = 15 × ₹50,000 × 11 ÷ 26 = ₹3,17,308.
Tax on gratuity
For private-sector employees, gratuity is tax-free up to a lifetime limit of ₹20 lakh; anything above is taxed at your slab rate. Government employees' gratuity is fully tax-free.
Frequently asked questions
Am I eligible for gratuity after 4 years and 8 months?
For permanent employees, the law requires 5 years of continuous service. Some courts have counted 4 years and 240 days as 5 years, but don't rely on it — check with your employer.
Is gratuity part of CTC?
Many employers show it in CTC (about 4.81% of basic), but you receive it only when you leave after becoming eligible.
How soon must gratuity be paid?
Within 30 days of it becoming payable. Delays attract interest.