Gratuity Calculator India 2026 — Calculate Gratuity Amount Online
Calculate your gratuity amount, tax-exempt portion, and effective gratuity after tax. Supports both employees covered under the Payment of Gratuity Act and private sector employees not covered.
Calculate Your Gratuity
Disclaimer: This is an estimated calculation based on the Payment of Gratuity Act. Actual gratuity depends on employer policies, employment agreement, and reason for separation. Consult your HR or a financial advisor for exact amount.
Covered vs Not Covered — Quick Comparison
| Feature | Covered under Act (10+ Employees) | Not Covered (< 10 Employees) |
|---|---|---|
| Applicability | Private sector organizations with 10+ employees | Private sector with less than 10 employees |
| Formula | Gratuity = (Last Salary × 15 × Years) ÷ 26 | Gratuity = (Last Salary × 15 × Years) ÷ 30 |
| Min. Service Required | 5 years continuous | 5 years continuous (or employer discretion) |
| Max. Gratuity | ₹20,00,000 (capped) under Act | No cap (employer dependent) |
| Tax-Free Limit | ₹25,00,000 under Section 10(10) | ₹25,00,000 under Section 10(10) |
| Paid on Retirement | Mandatory | At employer's discretion |
| Paid on Resignation (After 5 yrs) | Mandatory | At employer's discretion |
| Paid on Termination (Not Misconduct) | Mandatory | At employer's discretion |
What is Gratuity?
Gratuity is a one-time cash benefit paid by an employer to an employee upon the termination of their employment. It is considered a reward for the employee's loyalty, dedication, and continuous service to the organization. In India, gratuity is governed by the Payment of Gratuity Act, 1972, which applies to all private sector organizations that employ 10 or more employees (directly or indirectly). Government employees receive gratuity under separate rules defined by their respective government rules.
Gratuity is paid in the following circumstances: (1) Retirement — when an employee retires at or after the age of 58-60 (depending on employment agreement), (2) Resignation — after completing 5 years of continuous service, (3) Termination — when the employer terminates the employee's service (except for gross misconduct), (4) Death — if an employee dies during service, gratuity is paid to the nominee/legal heirs, (5) Permanent Disability — if the employee becomes permanently disabled due to work-related injury.
Gratuity Eligibility Rules
- Continuous Service of 5 Years: An employee must complete 5 years of uninterrupted service to be eligible for gratuity. This means the employee should not have taken unauthorized leave or breaks exceeding 30 days in a fiscal year (except for illness, injury, or other valid reasons approved by the employer).
- Exceptions to 5-Year Rule: Gratuity may be payable even before 5 years in the following cases: (a) Termination due to disablement, (b) Termination due to an accident or disease suffered during employment, (c) Termination due to redundancy or organizational restructuring, (d) Voluntary Separation Scheme (VSS) offered by the employer.
- Forfeiture of Gratuity: Gratuity is forfeited if the employee is dismissed from service for gross misconduct (e.g., theft, dishonesty, willful insubordination, serious violation of disciplinary rules). The notice period and final settlement must be complied with.
- Partial Service: If an employee has less than 5 years of complete service but is terminated for no fault of theirs, they may be entitled to a reduced gratuity. Some employers calculate this as (Last Salary × 15 × Complete Years) ÷ 30.
Gratuity Calculation Formula
The Payment of Gratuity Act specifies two formulas based on whether the employer is covered under the Act:
Where: Last Drawn Salary = Basic Pay + Dearness Allowance (DA) as on the last day of service. 15 is a fixed multiplier representing 15 days per month. 26 represents the number of working days in a month (6 days a week × 4.3 weeks). Complete Years = Full years of continuous service only (partial years are not counted).
Where: The divisor 30 represents 30 calendar days in a month. This formula is used for organizations with less than 10 employees where the Payment of Gratuity Act does not apply. However, if the organization voluntarily comes under the Act or has agreed in the employment contract, the 26-day formula applies.
Tax-Free Limit & Taxation of Gratuity (2026)
For Non-Government Employees: Under Section 10(10) of the Income Tax Act, gratuity received by a non-government employee is tax-free up to ₹25,00,000 (₹25 lakh). If the gratuity amount exceeds ₹25 lakh, the excess is taxable at the employee's applicable income tax slab rate for that financial year.
For Government Employees: The entire gratuity amount is fully tax-free, with no upper limit, regardless of the amount received. This is a major benefit for government employees.
Calculation Example: If a private employee receives ₹30 lakh gratuity: Tax-free portion = ₹25 lakh, Taxable portion = ₹5 lakh. If the employee's tax slab is 30%, tax on ₹5 lakh = ₹1.5 lakh. Effective gratuity after tax = ₹28.5 lakh.
Covered vs Not Covered Under Payment of Gratuity Act
Covered Under Act (10+ Employees): The Payment of Gratuity Act, 1972 applies to all private sector organizations (including factories, workshops, and establishments) that employ 10 or more employees. The Act specifies a maximum gratuity payment of ₹20,00,000 and mandates gratuity payment upon retirement, resignation (after 5 years), or termination.
Not Covered Under Act (< 10 Employees): Organizations with fewer than 10 employees are not mandatorily covered by the Act. However, they may voluntarily adopt it or provide gratuity as per the employment contract. In such cases, the gratuity formula and eligibility depend on the employer's policy and the agreement with the employee. Some employers use the 30-day formula for such cases.
Gratuity Forfeiture Rules
- Gross Misconduct: If an employee is dismissed for theft, dishonesty, violence, willful insubordination, or violation of safety rules, the gratuity is completely forfeited.
- Unlawful Strike Participation: If the employee participates in an illegal strike, the employer may forfeit gratuity or deduct days of strike from the service period.
- Unauthorized Absence: Extended unauthorized absence (beyond the allowed limit) may result in loss of gratuity or reduction in service period.
- Amount Owed to Employer: If the employee owes money to the employer (e.g., dues, advances, damages), the employer can adjust this from the gratuity.
- Court Orders or Pending Litigation: Gratuity may be withheld if there's a pending court case or court-ordered adjustments.
Recent Changes & Important Points
- Maximum Gratuity Cap (₹20 Lakh): For employees covered under the Act, the Payment of Gratuity Act caps maximum gratuity at ₹20,00,000. This means even if the calculated amount exceeds ₹20 lakh, the employee receives ₹20 lakh maximum under the Act. However, the employer can pay more voluntarily.
- Tax-Free Limit (₹25 Lakh): The tax exemption under Section 10(10) is ₹25,00,000, which is higher than the ₹20 lakh cap under the Act, providing full tax-free treatment for eligible employees.
- Inclusive or Exclusive of Bonus: Gratuity calculation includes basic pay and DA but typically excludes performance bonus, variable pay, and other allowances (unless specified in the employment contract).
- Fixed vs Contractual Gratuity: If the employment contract specifies a different gratuity formula or amount, and it is more favorable than the statutory formula, the contractual gratuity applies.
- Superannuation Clause: Some employment contracts have a superannuation clause where gratuity ceases after a certain age (e.g., 60). Clarify this in your employment agreement.
- Gratuity Encashment vs Deposit: Upon retirement, the employee can either encash the gratuity immediately (subject to tax) or deposit it in a special deposit account that earns interest (which becomes taxable when withdrawn).
Gratuity for Government Employees vs Private Employees
| Aspect | Government Employees | Private Sector (Covered) | Private Sector (Not Covered) |
|---|---|---|---|
| Governed By | CCS Rules / State Rules | Payment of Gratuity Act, 1972 | Employment Contract / Employer Policy |
| Eligibility | At retirement / after specified years | 5 years continuous service | 5 years or employer discretion |
| Formula | Varies by government / service | (Last Salary × 15 × Years) ÷ 26 | (Last Salary × 15 × Years) ÷ 30 |
| Maximum | Usually no cap | ₹20 lakh (under Act) | No cap (employer dependent) |
| Tax Treatment | Fully tax-free | Up to ₹25 lakh tax-free | Up to ₹25 lakh tax-free |
| Payment on Resignation | Typically at retirement only | After 5 years, mandatory | Employer discretion |
| Payment on Termination | As per government rules | Mandatory (except misconduct) | Employer discretion |
Key Points & Tips
- Calculate Your Gratuity Early: Use this calculator to estimate your gratuity before retirement to plan your finances. Consider your tax liability and investment strategy.
- Understand Your Employment Contract: Always check if your contract has a different gratuity clause. Contractual benefits that are higher than statutory benefits apply.
- Maintain Service Continuity: Avoid breaks or unauthorized absences that could impact your service period and gratuity eligibility.
- Request a Gratuity Certificate: When you retire or resign, request a Gratuity Settlement Certificate from your HR department as official proof.
- Tax Planning: Plan your retirement to optimize the gratuity tax benefit. Retiring in a low-income year can reduce your tax liability on gratuity and other income.
- Invest the Gratuity Wisely: Once you receive gratuity, invest it in low-risk, long-term instruments like PPF, NSC, or fixed deposits to ensure financial security during retirement.
- Check for Pending Adjustments: Before accepting your gratuity, ensure all dues to the employer are settled and there are no pending court cases or claims against you.
Frequently Asked Questions — Gratuity Calculator
What is gratuity and who is eligible?
Gratuity is a one-time cash payment from the employer to the employee upon separation from service. It is a reward for continuous service and loyalty. In India, gratuity is governed by the Payment of Gratuity Act, 1972 for employees covered under it. Eligibility: The employee must have completed 5 years of continuous service. Upon completion of 5 years, gratuity is paid when the employee retires, resigns, or is terminated (except for gross misconduct). For government employees, gratuity eligibility and calculation may differ based on government rules.
How is gratuity calculated for private employees?
For employees covered under the Payment of Gratuity Act, the formula is: Gratuity = (Last Drawn Salary × 15 × Number of Years of Service) ÷ 26. Here, last drawn salary includes basic pay and dearness allowance (DA). The divisor 26 represents 26 working days per month. For private employees NOT covered under the Act, gratuity = (Last Salary × 15 × Years) ÷ 30. The divisor 30 is used because the calculation is based on 30 calendar days per month. Gratuity is paid only if the employee has completed at least 5 years of continuous service.
What is the tax-free limit for gratuity in 2026?
Under Section 10(10) of the Income Tax Act, gratuity received by a non-government employee is tax-free up to ₹25,00,000 (₹25 lakh). For government employees, the entire gratuity amount is fully tax-free, with no limit. If the gratuity received exceeds ₹25 lakh for a non-government employee, the excess amount is taxable at the employee's applicable income tax slab rate for that financial year. This applies uniformly across all non-government employees, irrespective of sector or organization size.
Is gratuity paid if I resign before 5 years?
No, gratuity is NOT payable if you resign before completing 5 years of continuous service under the Payment of Gratuity Act. However, gratuity may be payable if: (1) You are terminated without any fault of yours (by employer), (2) You complete 5 years and then resign, (3) Your contract is terminated due to the employer's business closure or restructuring, (4) You are terminated due to permanent disability from work. If terminated due to gross misconduct or disciplinary action, gratuity is forfeited entirely. Some employers may offer Voluntary Separation Schemes (VSS) with gratuity even before 5 years, but it's not mandatory under the Act.
What is the formula for gratuity under the Payment of Gratuity Act?
The Payment of Gratuity Act, 1972 applies to all private sector employees where the employer has 10 or more employees (directly or indirectly) in the organization. The formula is: Gratuity = (Last Drawn Salary × 15 × Complete Years of Service) ÷ 26. Where: Last Drawn Salary = Basic Pay + Dearness Allowance (DA) on the last day of service. Divisor 26 represents 26 working days per month (6 days per week × 4.33 weeks per month). 15 is a fixed multiplier representing 15 days per month. The result is rounded to the nearest rupee. Complete Years means only full years are counted; partial years are not included.
Gratuity for government employees vs private employees?
Government employees: Governed by Central Civil Services (CCS) Rules or similar state rules. Gratuity calculation depends on the specific rules of the government/state but typically offers higher gratuity and is fully tax-free with no limit. Calculation may vary by service category (Group A, B, C, D). Private sector employees covered under Payment of Gratuity Act: Formula = (Last Salary × 15 × Years) ÷ 26. Tax-free up to ₹25 lakh only. Maximum gratuity is ₹20 lakh under the Act. Private sector employees NOT covered under Act (less than 10 employees): Formula = (Last Salary × 15 × Years) ÷ 30. Tax-free up to ₹25 lakh only. The key difference is that government employee gratuity is fully tax-free regardless of amount, while private employee gratuity has a ₹25 lakh tax-free limit and ₹20 lakh maximum under the Act.
This gratuity calculator is for educational purposes only. Actual gratuity depends on your employment agreement, organizational policies, and the reason for separation. The Payment of Gratuity Act applies only to organizations with 10+ employees. For employees not covered, gratuity is at the employer's discretion. Please consult your HR department or a financial advisor for an accurate gratuity estimate.