Payment of Gratuity Act, 1972: Rules, Formulas & Tax Limits
What is Gratuity? Who is Eligible?
Gratuity is a statutory monetary benefit provided by employers to employees in recognition of long-term continuous service under the Payment of Gratuity Act, 1972. To qualify for a gratuity payout upon resignation, retirement, or career transition, an employee must complete a minimum of 5 years of continuous service with the same organization (the 5-year requirement is waived in cases of employee death or permanent disablement).
The 15/26 Statutory Gratuity Formula Explained
For organizations covered under the Act (establishments employing 10 or more people), gratuity is calculated using 15 days of last drawn basic salary for every completed year of service, operating on a 26-working-day month:
Gratuity = (Last Drawn Basic Salary + DA) × (15 / 26) × Completed Years of Service
Why 26 Days? Indian labor law considers 26 working days in a month, excluding 4 statutory Sundays. This makes 15/26 equivalent to approximately half a month's basic salary for every year served.
Tenure Rounding Rules: The 6-Month Threshold
When calculating completed years of service, any fraction of service exceeding 6 months is rounded UP to the next full year:
- 4 Years & 7 Months: Rounded up to 5 years (Employee becomes eligible for Gratuity!).
- 6 Years & 8 Months: Rounded up to 7 years.
- 5 Years & 4 Months: Truncated to 5 years.
Numerical Example: Gratuity Payout on 10 Years Service
Let's calculate the exact gratuity payout for an employee resigning after 10 years of service with a last drawn Monthly Basic Salary of ₹60,000:
- 15 Days Basic Salary: ₹60,000 × (15 / 26) = ₹34,615.38 per year of service.
- Total Statutory Gratuity Payout (10 Years): ₹34,615.38 × 10 = ₹3,46,154.
- Income Tax Exemption under Section 10(10): The entire payout of ₹3,46,154 is 100% Tax-Free because it falls well within the statutory ₹20 Lakhs lifetime tax-free limit!
Covered vs. Non-Covered Establishments Comparison
- Covered under Gratuity Act: Uses the 15/26 formula based on 26 working days.
- Not Covered under Gratuity Act: Uses the 15/30 formula based on 30 calendar days: Gratuity = (Last Drawn Basic Salary) × (15 / 30) × Years of Service.
Related Tools & Guides: Calculate your monthly provident fund accumulation using our EPF Calculator or estimate your total monthly take-home cash using our CTC Calculator. Read our detailed guide on How HR Calculates Salary.
Disclaimer: CTC Calculator provides calculations based on the Payment of Gratuity Act, 1972 and standard Indian payroll guidelines for educational purposes. Actual structures may vary based on company policy. Please consult a Chartered Accountant or HR professional for formal tenure settlements.