Enter your joining date, last working day and monthly Basic + DA to see your gratuity in seconds. The gratuity calculator follows the Code on Social Security, 2020, in force since 21 November 2025, so it applies the 50% wage rule, the 1-year rule for fixed-term staff, the ₹20 lakh ceiling and the tax-free limit, and shows every step of the working.
Frequently asked questions
What is gratuity?
Gratuity is a lump sum your employer pays when you leave after qualifying service. It works out to 15 days’ wages for every year of service counted.
How is gratuity calculated?
Gratuity = last drawn monthly wages × 15 ÷ 26 × years counted. The law treats a month as 26 working days. For example, wages of ₹40,000 and 10 years counted give ₹40,000 × 15 ÷ 26 × 10 = ₹2,30,769.
How many years of service do I need?
Permanent employees need 5 years of continuous service. Under the Code on Social Security, 2020 (in force from 21 November 2025), fixed-term employees qualify after 1 year of service under the contract when it ends. There is no minimum service on death or disablement.
Do I get gratuity if I resign?
Yes. Resignation is one of the events on which gratuity becomes payable, as long as you have completed 5 years of continuous service (or 1 year if you are on a fixed-term contract that has ended).
What counts as wages for gratuity?
Wages are Basic pay + Dearness Allowance + retaining allowance. For jobs ending on or after 21 November 2025, if items such as HRA, other allowances, bonus and employer PF add up to more than half of your total pay, the excess is added back to wages. In effect, wages become at least half of your total pay.
How are part years counted?
For permanent employees, a part year of more than 6 months counts as a full year, so 7 years 7 months counts as 8 years, but 7 years 6 months counts as 7. For fixed-term employees, a part year of 6 months or more counts as a full year (Rule 33 of the Social Security (Central) Rules, 2026).
Is there a maximum gratuity amount?
Yes. The legal ceiling is ₹20 lakh. Your employer can pay more under your contract, an agreement or a settlement, but any amount above your tax-free limit is taxed as salary.
Is gratuity taxable?
Central and state government employees get their entire gratuity tax-free. For others, the tax-free amount is the lowest of the gratuity received, the amount worked out under the law, and ₹20 lakh minus any gratuity exemption already used in earlier jobs. From 1 April 2026 this is in Section 19 of the Income-tax Act, 2025; earlier it was Section 10(10) of the Income-tax Act, 1961.
Does 4 years and 240 days count as 5 years?
Some High Courts have held that 4 years plus 240 days worked in the fifth year (190 days for a 5-day week) counts as 5 years of continuous service. This comes from court rulings, not the law itself, and courts have differed, so it isn’t guaranteed.
How soon must my employer pay?
Apply in Form 4, normally within 30 days of gratuity becoming payable. Your employer must reply in Form 5 within 15 days and pay by the 30th day after receiving your application. Late payment attracts simple interest at the government-notified rate.
What if my employer isn’t covered by the gratuity law?
You have no legal right to gratuity, though some employers pay it under their own policy. If they do, the tax-free part is limited to half a month’s average salary (over the last 10 months) for each completed year, within the ₹20 lakh lifetime limit. Under the old Act, establishments with 10 or more employees were covered.
Sources and method
- Code on Social Security, 2020, sections 2(88) and 53: India Code
- Social Security (Central) Rules, 2026, Rule 33: Ministry of Labour
- Additional FAQs on the Labour Codes, 16 March 2026: Ministry of Labour
- ₹20 lakh ceiling: S.O. 1420(E), 29 March 2018, confirmed by the Ministry of Labour on 3 August 2026.
- Tax: Section 19, Income-tax Act, 2025 from 1 April 2026; Section 10(10), Income-tax Act, 1961 before that.
- Service counts from the joining date to the last working day, both included. Permanent staff: a part year of more than 6 months counts as a year. Fixed-term staff: 6 months or more.
- For jobs ending from 21 November 2025, wages are the higher of Basic + DA and half of total pay. Gratuity = wages × 15 ÷ 26 × years, capped at ₹20 lakh and rounded to the rupee.
An estimate for monthly-rated employees, not legal or tax advice. Not for government employees under CCS rules, gig workers, seasonal or piece-rated workers, or working journalists. Your employer’s payroll figure, contract or a court ruling can change the amount.


