The four Labour Codes came into force on 21 November 2025. Central rules are still being finalised and state rules vary — some states have notified final rules, others remain in draft. Verify the position for your state before relying on these figures.
Fixed-term gratuity vests after 1 year under the Code on Social Security, not 5.
HRA, conveyance, special allowance, overtime, etc. — needed to compute the Codes' expanded wage base.
Non-covered establishments use 15/30, not 15/26.
Years of service
7y 1m
Qualifying years
7
Final year had ≤6 months, not rounded up
Required service
5 years
Formula: Statutory wages × 15/26 × qualifying years
Calculated gratuity (uncapped)
₹2,01,923
Ceiling limit
₹20,00,000
Payable amount₹2,01,923
Tax treatment (Section 10(10))
Tax-exempt amount: ₹2,01,923
Taxable amount: ₹0
TDS applicable: No
Why this amount — the wage base matters
On the OLD basic-only base (₹50,000/month), this gratuity would have been ₹2,01,923.
This employee's excluded allowances were already within the 50% cap, so the wage base is unchanged from basic-only — no add-back applies here.
Every question, answered
Answer-first pages on eligibility, the calculation formula, and tax treatment — each with the calculator pre-filled.
Eligibility rules
- Gratuity for Fixed-Term Employees — the New 1-Year RuleA genuinely new rule under the Codes, and a low-competition search term today
- Gratuity on Death of an Employee — No Minimum Service RequiredThe one case where the eligibility clock doesn't matter at all
- Gratuity Eligibility Rules — the Complete ChecklistEvery threshold in one place, since it's rarely just 'did they complete 5 years'
- Gratuity Under the Labour Codes — Everything That ChangedThe complete picture, for a firm briefing a client on what's actually different now
Calculation mechanics
Eligibility now splits by employment type
Permanent employees still need 5 years of continuous service before gratuity becomes payable — resignation, retirement, superannuation, or termination (other than for misconduct) all qualify once that threshold is crossed. This 5-year rule is waived entirely in case of death or disablement, where gratuity is payable regardless of tenure and is paid to the nominee or legal heir.
Fixed-term and contract employees are different under the Code on Social Security: gratuity vests after just 1 year of service, not 5. This is a genuine change from the pre-Codes position, and a tool that only offers the 5-year rule will materially understate what's owed to a fixed-term employee who has completed between 1 and 5 years.
The formula depends on whether the establishment is covered
For establishments covered under the Payment of Gratuity Act, the formula is last-drawn wages × 15/26 × completed years of service — 15 days of wages per year, using 26 as the working-days-in-a-month convention. Establishments NOT covered under the Act use 15/30 instead, which produces a lower figure for the same wage and tenure. Seasonal establishments use a different formula again: 7 days' wages per season.
A final year with more than 6 months of service rounds UP to a full year for the qualifying-years count; 6 months or less is disregarded entirely. This rounding rule is the single most common point where an employee and employer's hand-calculated figures disagree.
The wage base has expanded — this is the biggest change under the Codes
Under the Code on Wages, allowances excluded from 'wages' (HRA, conveyance, special allowance, overtime, etc.) cannot exceed 50% of total remuneration — where they do, the excess is added back into wages. Gratuity is computed on this EXPANDED wage base, not on basic pay alone. For an employee whose salary structure previously kept a large share in excluded allowances, this can meaningfully increase the gratuity payout compared to a basic-only calculation — the exact same tenure and last-drawn CTC now produces a higher figure.
Tax exemption under Section 10(10)
For private sector employees covered under the Act, exemption is available up to the least of: the actual gratuity received, ₹20,00,000 (the current statutory ceiling), or the amount computed under the statutory formula. Government employees receive full exemption regardless of amount. Any amount received above the exempt limit is taxable as salary income in the year of receipt, and TDS may apply depending on the employer's payroll process.
Frequently asked questions
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