How is gratuity calculated, and when are you eligible?
Fifteen days of wages per completed year, divided by 26, not 30. Five years to qualify, waived for death or disablement. Capped at 20 lakh rupees.
Gratuity is 15 days of wages for every completed year of service, where the 15 days figure comes from your monthly wages divided by 26, not 30. You need 5 years of continuous service to qualify, except in death or disablement, where the requirement is waived entirely. The amount is capped at 20 lakh rupees.
On this page
Gratuity is 15 days of wages for every completed year of service, and the 15 days figure comes from a specific formula: your last drawn monthly wages, divided by 26, multiplied by 15. You need five years of continuous service to qualify, except in cases of death or disablement, where that requirement does not apply at all. Our gratuity calculator works out the exact payable amount, including whether a part year rounds up.
The formula, and the mistake that undercounts it
Section 4 of the Payment of Gratuity Act sets the daily rate for a monthly rated employee at monthly wages divided by 26, not divided by 30. The Act treats a month as 26 working days for this specific purpose, and using 30 instead is the single most common error in gratuity arithmetic. It always understates what an employee is owed, by roughly 13 percent.
Take Sunil, whose last drawn basic plus DA is 48,000 rupees a month, with 12 years and 8 months of service. His daily rate is 48,000 divided by 26, which is 1,846.15 rupees. Fifteen days of that is 27,692.31 rupees. Because his part year of 8 months exceeds the 6 month threshold, it rounds up to a full year, making his counted service 13 years. His gratuity payable is 27,692.31 multiplied by 13, which comes to exactly 3,60,000 rupees.
Five years, and what the part year rule actually does
Gratuity is payable only after five years of continuous service, and there is no proportionate gratuity below that threshold, however close an employee was. Once that five year mark is cleared, a part year in excess of six months counts as a full additional year. The wording matters: exactly six months does not round up, six months and one day does.
Death or disablement removes the five year qualifying period entirely. Gratuity becomes payable however short the actual service was, because the Act treats this situation differently from a voluntary exit.
The ceiling, and how it interacts with tax
Gratuity payable under the Act is capped at 20 lakh rupees. That figure does not appear in the original Act text, which still says 10 lakh, it was raised by a government notification in March 2018. The same 20 lakh figure is also the tax exemption limit under the Income Tax Act for private sector employees covered by the Payment of Gratuity Act, and it applies as a lifetime limit across every employer, not a fresh allowance each time you change jobs.
An employer can choose to pay more than the statutory ceiling voluntarily. Anything paid above 20 lakh rupees is taxable as ordinary salary income, and it enters the same computation as the rest of your earnings for the year.
What people get wrong about this
Using gross salary or cost to company instead of basic plus DA. This is the opposite error to the divisor mistake, and it inflates the figure well above what will actually be paid. Basic is often only 40 to 50 percent of a full CTC package, so the gap can be large.
Assuming four years and eleven months is close enough. It is not. The qualifying test is five completed years, and there is no partial entitlement below that line except in death or disablement.
Believing the 20 lakh exemption resets at every job. It does not. Section 10(10)(ii) treats it as a lifetime limit across all employers, so gratuity received earlier in your career counts against the same ceiling.
Assuming this calculation applies to every employee. These figures cover employees who are covered by the Payment of Gratuity Act specifically. Employees outside the Act’s coverage are computed on a different basis, and that basis is not published here because it has not been independently verified against an official source.
This site is independent and not affiliated with any government body. Always confirm details on the official portal before acting.
Common questions
How is gratuity calculated under Indian law?
Fifteen days of wages for every completed year of service. For a monthly rated employee, the 15 days figure is worked out by dividing the last drawn monthly wages by 26 and multiplying by 15. So the formula is monthly wages divided by 26, times 15, times years of service.
Why divide by 26 and not 30?
The Payment of Gratuity Act specifically fixes the divisor at 26, because it treats a month as 26 working days rather than 30 calendar days. Dividing by 30 is the most common arithmetic mistake here, and it understates the correct figure by roughly 13 percent.
Do I get gratuity after four years and eight months of service?
No. The qualifying period is five years of continuous service, measured in completed years. The rule that rounds up a part year applies once you already qualify, not to qualifying in the first place. Death or disablement is the one exception, where the five year rule does not apply at all.
What counts as wages for the gratuity calculation?
Basic salary plus dearness allowance, last drawn. Not gross salary, and not cost to company. Allowances, bonus and overtime are excluded from the calculation entirely.
Is gratuity taxable?
Gratuity up to 20 lakh rupees is exempt for private sector employees covered by the Act. Anything paid above that ceiling is taxable as salary. The 20 lakh limit is a lifetime figure across every employer you work for, not a fresh allowance at each job.
Checked against Payment of Gratuity Act 1972, Section 4 on 11 August 2026. Rules change, so confirm on the official portal before acting.
SimpleDoc is independent and not affiliated with any government body. This is general guidance, not financial or legal advice. Always confirm details on the official portal before acting.