Gratuity Act

The Gratuity Act is a law that helps you get a thank-you bonus when you leave a job after working for at least 5 years. This money is paid by your employer and is meant to appreciate your dedication.

Who Is Eligible?

You qualify for gratuity if:

  • You’ve worked 5 or more years continuously.
  • You are a full-time salaried or wage employee.
  • You leave your job due to retirement, resignation, or death/disability.

Note: Even if you switch jobs, leaving each one after 5+ years counts separately.

How Is Gratuity Calculated?

There are two ways employers usually calculate it:

For Government/PSU Employees

Formula:

Last Drawn Salary × Service Years × 1/4  

For Private Employees

Formula:

Last Drawn Salary × Service Years × 15/26  
  • 15 days wage: Equals 15/26 of a monthly salary
  • Example: If salary = ₹30,000/month and you worked 10 years,
    Gratuity = 30,000 × 10 × 15/26 = ₹1,73,076

Tax Implications on Gratuity

  1. Exempt for government workers – entire amount is tax-free.
  2. Private sector exemption limit: Up to ₹20 lakh is tax-free.
  3. Beyond ₹20 lakh: The extra amount is taxable as income.

Simple Example

Meet Raj, a private sector employee:

  • Worked: 8 years
  • Salary (Basic + DA): ₹40,000/month
    Gratuity = 40,000 × 8 × 15/26 = ₹1,84,615
    Tax-free limit = ₹1,84,615 (below ₹20 lakh)
    No tax payable on this gratuity.

Why This Matters

  • Helps you plan finances when leaving a job.
  • Ensures you understand if gratuity is fully tax-free or partly taxable.
  • Aids in making smart tax decisions and filing returns correctly.