Gratuity — eligibility, formula and ceiling

Gratuity is 15 days' wages for each completed year of service after five years (one year for fixed-term employees), up to the ₹20 lakh ceiling.

Under Chapter V of the Code on Social Security:

  • Eligibility: continuous service of five years, ending in retirement, resignation, death, disablement or termination. The five-year condition does not apply on death or disablement. A fixed-term employee gets gratuity pro rata, even with less than five years. Most readings of s. 53 take this as completion of one year.
  • Formula: last drawn wages × 15 ÷ 26 × completed years of service. A part year of more than six months counts as a full year. Seasonal establishments use 7 days' wages.
  • Wages include the 50% add-back under the Code.
  • Ceiling: ₹20,00,000 or the amount notified.
  • Payment: within 30 days of becoming payable. Delay attracts simple interest.
  • Forfeiture: wholly or partly, for wilful damage, riotous conduct or an offence involving moral turpitude.
  • Nomination: taken from the employee, and covering family members.

The HR desk has a gratuity calculator in Claims, and it shows the change in liability under the 50% rule.

Last reviewed 17-10-2026. General information, not legal advice for a specific case. Check the latest Act, Rules and notifications of the appropriate government before acting.

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