What is Gratuity?
Gratuity is a lump sum your employer must pay you for long service, under the Payment of Gratuity Act. The formula is:
Gratuity = (15 ÷ 26) × last drawn salary (basic + DA) × completed years of service
Anything beyond six months in your final year rounds up to a full year, so 7 years and 8 months counts as 8 years.
A Worked Example
Say your last drawn basic plus DA is ₹80,000 and you have served 12 years and 7 months. The months round up, so the calculation uses 13 years: (15 ÷ 26) × 80,000 × 13 comes to about ₹6 lakh, fully tax-free. Notice how much the final salary matters: the same tenure at ₹1.6 lakh basic doubles the payout. This is why the new Labour Codes' rule that "wages" must be at least 50% of total pay meaningfully raises gratuity for employees whose basic salary was kept low.
Who is Eligible?
Permanent employees qualify after 5 years of continuous service with the same employer, and the requirement is waived on death or disablement. There is an important recent change for fixed-term employees: under the Labour Codes effective 21 November 2025, they become eligible after just 1 year (minimum 240 days), on a pro-rata basis. The Codes also require employers to pay within 30 days, failing which 10% annual interest applies.
How is Gratuity Taxed?
For private-sector employees, gratuity is tax-free up to a lifetime limit of ₹20 lakh under Section 10(10). Anything above that is taxed at your slab, which you can check with the income tax calculator. Government employees' gratuity is fully exempt; their separate ₹25 lakh ceiling does not apply to the private sector, despite what some articles suggest.
How to Claim It
Apply on Form I within 30 days of leaving. Your right does not lapse if you are late, but promptness helps. Gratuity is payable on resignation, retirement, disablement or death, and on death the 5-year condition is waived and your nominee receives it. An employer cannot opt out of the Act, and only proven misconduct causing financial loss allows any forfeiture. Since gratuity usually arrives together with your EPF corpus, plan what the combined amount needs to fund with the retirement calculator.