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Payment of Gratuity Act 1972 · Updated 2026

Gratuity Eligibility Checker

Check if you qualify for gratuity — the 5-year continuous-service rule and the death/disablement waiver — and estimate your amount live, on one screen.

Category
Payroll & Salary
Takes about
1 min
Updated
Sep 2026
  • Free — no sign-up
  • Instant, on-screen results
  • Built by our CA · CS team
  • Rules cited on the page
Use the tool
The tool

Fill in the details — the answer on the right updates as you go.

Full breakdown below ↓
⏳ Your service
Years of continuous service Decimals ok — e.g. 4.7 = 4 yr 8 mo
yrs
"Continuous service" counts uninterrupted employment with the same employer, including notice period, paid leave and lay-off.
🏢 Employer coverage
Covered under Payment of Gratuity Act, 1972?
Almost every factory, shop or establishment with 10+ employees is covered. Coverage changes the formula (15/26 vs 15/30 days).
🚪 Reason for leaving
On death or permanent disablement due to accident/disease, the minimum 5-year service condition does not apply.
💰 Last drawn wages
Monthly Basic + DA Last drawn — excludes HRA, bonus, allowances
₹
Gratuity is computed only on last-drawn Basic + Dearness Allowance, not on total CTC.

Gratuity calculation breakdown

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Disclaimer: Indicative estimate under the Payment of Gratuity Act, 1972. Actual eligibility and amount depend on your appointment terms, "continuous service" record and employer policy. The ₹20,00,000 statutory cap applies to covered employees.

Who is eligible for gratuity

Gratuity is a lump-sum reward for long service, paid under the Payment of Gratuity Act, 1972. The core rule: you must complete at least 5 years of continuous service with the same employer. The big exception — the 5-year condition is waived on death or permanent disablement, so the nominee/employee is eligible even after a shorter stint.

5 years
Minimum continuous service for resignation or retirement
Waived
On death or permanent disablement — no 5-year minimum
₹20 Lakh
Maximum tax-free gratuity for covered employees
15/26
Days' wages per completed year for covered employers
Note on "4 years 240 days": several High Courts (following the Madras HC in Mettur Beardsell) have treated 4 years plus 240 working days in the 5th year as 5 years for eligibility. It is not universally guaranteed — get it confirmed before relying on it.

Gratuity formula — covered vs non-covered

The formula depends on whether your employer is covered under the Act. Covered employers use a month of 26 working days; non-covered employers use 30 days. In both, one completed year counts as a year, and a part-year over 6 months rounds up to a full year (for covered employers).

Covered under the Act
Formula(15 / 26) × Basic+DA × Years
Year rounding> 6 months → +1 yr
Maximum₹20,00,000
Days per month26
Not covered under the Act
Formula(15 / 30) × Basic+DA × Years
Year roundingCompleted years only
MaximumNo statutory cap*
Days per month30
*No statutory limit, but tax exemption under Sec 10(10) is still capped at ₹20 lakh (or the prescribed formula). Employers may pay more voluntarily.

Worked example

An employee with a last-drawn Basic + DA of ₹50,000 completes 6 years of continuous service and resigns from a covered establishment:

Last drawn Basic + DA₹50,000
Completed years of service6
Formula (covered)(15 ÷ 26) × 50,000 × 6
Per-year gratuity₹28,846
Gratuity payable₹1,73,077
If the same employee had died after just 3 years, the 5-year rule is waived and gratuity would still be payable: (15 ÷ 26) × 50,000 × 3 = ₹86,538.

Key terms explained

The 5-year rule

You must complete 5 years of continuous service with one employer to earn gratuity on resignation or retirement. Continuous service includes leave, notice period and lay-off — but not a genuine break in employment.

Payment of Gratuity Act, 1972

The central law governing gratuity. It applies to establishments with 10 or more employees and makes gratuity a statutory right, payable within 30 days of it becoming due.

₹20 lakh cap

For covered employees the maximum statutory gratuity is ₹20,00,000. Anything above this is at the employer's discretion and is taxable in the employee's hands.

Tax exemption — Sec 10(10)

Gratuity is tax-exempt up to ₹20 lakh under Section 10(10) of the Income-tax Act (least of actual gratuity, the 15/26 formula amount, or ₹20 lakh). Government employees' gratuity is fully exempt.

Death / disablement waiver

On an employee's death or permanent disablement, the 5-year minimum is waived. Gratuity is paid for the actual years served to the employee or their nominee/legal heir.

Basic + DA only

Gratuity is calculated on last-drawn Basic salary + Dearness Allowance only. HRA, bonuses, overtime and other allowances are excluded from the wage used in the formula.

Questions people ask

Short answers on Gratuity Eligibility Checker. Tap a question to open it.

01Who is eligible for gratuity?

An employee who has completed five years of continuous service with an establishment covered by the Payment of Gratuity Act — one with 10 or more employees. The five-year condition does not apply where service ends due to death or disablement.

02How is gratuity calculated?

For covered employees: last drawn basic plus DA × 15 ÷ 26 × completed years of service, counting any year with more than six months as a full year. For employees not covered by the Act, the formula uses 15 ÷ 30 and only fully completed years.

03Does 4 years and 240 days count as five years?

Several High Courts have held that 4 years and 240 days in the fifth year amounts to continuous service for gratuity, and many employers follow this. It is not universally settled, so the position depends on the employer and the jurisdiction.

04How much gratuity is tax free?

For a non-government employee covered by the Act, exemption under section 10(10) is the least of the actual gratuity, the formula amount, or ₹20 lakh over the person's lifetime. Anything above that is taxable as salary.

05When must gratuity be paid?

Within 30 days of it becoming payable. Delay beyond that attracts simple interest at the notified rate from the due date to the date of payment.

Disclaimer: This tool gives indicative results for general guidance only and is not professional advice. Please verify with a qualified CA before acting on the numbers.