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Gratuity calculator: formula, eligibility and tax exemption

Enter last drawn basic plus DA, years and months of service and why the employee is leaving. The calculator applies section 53 of the Code on Social Security, 2020: 15 days' wages for each year, the six-month rounding, the five-year rule and its exceptions, the ₹20 lakh ceiling, and the tax-exempt amount.

Eligible?
Yes
5 years of continuous service completed
Years counted
8
7 y 7 m, part year rounded up
Gratuity payable
₹2,30,769
15/26 × wages × years
Tax-exempt part
₹2,30,769
Least of actual, 15/26 formula, ₹20 lakh
Taxable gratuity
₹0
Added to salary income in the year received
How each number is worked out
  • Wages for gratuity: ₹50,000 (basic + DA last drawn).
  • Service: 7 years 7 months; more than six months, so it counts as a full year: 8 years.
  • Formula: 15 ÷ 26 × ₹50,000 × 8 = ₹2,30,769.
  • Covered by the gratuity law: the exemption uses the same 15/26 formula.

Section 53, Code on Social Security, 2020 (in force from 21 November 2025): 15 days' wages for each completed year, a part year over six months counting as a full year; for monthly-rated staff 15 days' wages = monthly wages ÷ 26 × 15. Fixed-term and deceased employees are paid pro rata. Ceiling ₹20 lakh. Payable within 30 days of falling due. The tax-exempt limit is also ₹20 lakh for private-sector employees, counted across all employers in a lifetime; government employees' gratuity is fully exempt.

Short answer

Gratuity = 15 ÷ 26 × last drawn monthly wages (basic + DA) × years of service, where a part year of more than six months counts as a full year. It is payable after five years of continuous service, except on death or disablement (no minimum) and for fixed-term employees after one year. The ceiling is ₹20 lakh, which is also the lifetime tax-free limit for private-sector employees. On ₹50,000 wages and 7 years 7 months, gratuity is ₹2,30,769.

The rule after the Labour Codes

The Payment of Gratuity Act, 1972 has been absorbed into Chapter V of the Code on Social Security, 2020, in force from 21 November 2025. The formula did not change: section 53(2) gives 15 days' wages for every completed year of service or part thereof in excess of six months, and Explanation 3 says that for a monthly-rated employee 15 days' wages = monthly wages ÷ 26 × 15. The divisor is 26 because a month is treated as 26 working days.

Two things did change. First, wages now follow the Code definition: basic, DA and retaining allowance, with excluded allowances above 50% of total remuneration added back. The Labour Ministry's FAQs say this applies to gratuity from 21 November 2025, based on the wages last drawn at exit. Second, fixed-term employees are entitled to gratuity on a pro rata basis once they have served one year under the contract.

Worked example

Arjun leaves after 7 years and 7 months. His last drawn basic plus DA is ₹50,000 a month and he resigns.

  1. Eligibility: more than five years of continuous service, so gratuity is payable on resignation.
  2. Years counted: 7 years plus 7 months. The extra months exceed six, so the service counts as 8 years.
  3. Gratuity: 15 ÷ 26 × ₹50,000 × 8 = ₹2,30,769.
  4. Tax: the employer is covered by the law, so the exempt amount is the least of ₹2,30,769 (actual), ₹2,30,769 (formula) and ₹20,00,000. All of it is tax-free.

Had he left at 7 years and 5 months, only 7 years would count: 15 ÷ 26 × ₹50,000 × 7 = ₹2,01,923. Leaving one month later than six months into a year is worth a full year's gratuity, which is why exit dates are negotiated.

If Arjun's ₹50,000 basic were part of a ₹1,20,000 total monthly package, the 50% rule would lift his gratuity wages to ₹60,000 and his gratuity to ₹2,76,923 (15 ÷ 26 × ₹60,000 × 8).

Exceptions and edge cases

  • Death or disablement: no minimum service. Gratuity is paid to the nominee or heirs, and the Code provides for pro rata payment for a deceased employee.
  • Fixed-term contract: eligible after one year of service under the contract, pro rata for the actual service. An 11-month contract does not qualify.
  • Working journalists: three years instead of five.
  • Continuous service includes leave, sickness, lay-off and strikes not caused by the employee. Courts have treated 240 days worked in the fifth year as completing that year; practice varies, so take advice before refusing a claim on a four-years-and-ten-months exit.
  • Forfeiture: only for termination for misconduct causing loss (to the extent of the loss), riotous or violent conduct, or an offence involving moral turpitude in the course of employment.
  • Employer not covered (fewer than 10 employees): gratuity depends on the contract, and the tax exemption is 15/30 of the average salary of the last 10 months × completed years only, with no rounding up.

Provision for it every month

Many employers set aside 4.81% of basic (15/26 ÷ 12) each month so the liability is never a surprise. FundRaksha HR calculates PF, ESI and PT for every employee automatically on each payroll run, so the challans, ECR and payslips agree without a spreadsheet. It also tracks service dates and wages last drawn, so the gratuity figure on the full and final settlement is right first time. See also the relieving letter format.

Sources

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FAQ

Questions, answered

Under the five-year rule, generally not, because the rounding of a part year over six months applies to the amount, not to eligibility. Some High Courts have treated 240 days worked in the fifth year as a completed year, so a claim may be arguable; the employer's policy can also be more generous.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.