Gratuity Act 1972

Gratuity is an important part of employee perks in India since these are a way to reward long-term service and loyalty. Understanding Gratuity is essential whether you’re an HR professional handling payroll or an employee preparing for retirement. Everything you need to know about Gratuity will be covered in this in-depth guide, including what they are, when they are paid, how they are calculated, eligibility requirements, tax exemptions, and more.

What is Gratuity?

Gratuity is a lump-sum payment given by an employer to an employee in recognition of the employee’s continuous service. It is a monetary benefit paid at the time of retirement, resignation, death, or disablement, and it acts as a financial cushion post-employment.

The gratuity benefit is governed under the Payment of Gratuity Act, 1972 in India. It applies to both private and public sector employees, provided they meet certain eligibility conditions.

Gratuity is not a gift or bonus—it is a statutory right of employees who meet the eligibility criteria, and employers are legally bound to pay it.

When Gratuity is Payable

Gratuity becomes payable under the following circumstances:

• Retirement: Upon reaching the retirement age or voluntary retirement.
• Resignation: If the employee resigns after completing at least five years of continuous service.
• Termination (other than for misconduct): Gratuity is still payable if the employee is terminated for reasons other than misconduct
• Death or Disablement: In such cases, gratuity is paid regardless of the length of service. The amount is given to the nominee or legal heir.
• Superannuation: When an employee retires upon reaching the age of retirement.
• Layoff or Retrenchment: Employees may be entitled to gratuity in certain cases of downsizing or layoffs.

Gratuity must be paid within 30 days from the date it becomes payable. Any delay beyond this period attracts interest as per government guidelines.

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Eligibility for Gratuity

• To be eligible for gratuity under the Payment of Gratuity Act, the following conditions must be fulfilled:
• The employee must have completed at least five years of continuous service with the same employer.
• The employee should be working in an organization that employs 10 or more persons in the preceding 12 months.
• The employment can be full-time, part-time, or contractual, but it must be regular and continuous in nature.

Exceptions to the 5-Year Rule

In cases of death or disability due to accident or illness, the five-year minimum requirement is waived, and gratuity becomes payable regardless of the duration of service.

How to Calculate Gratuity

Gratuity is calculated based on the employee’s last drawn salary and the number of years of service. Here’s the standard formula:

For Employees Covered under the Gratuity Act:

Gratuity = (Last drawn salary × 15 × number of completed years of service) ÷ 26

Where:

• Last drawn salary = Basic salary + Dearness Allowance (DA)
• 15 = Number of days’ salary for each completed year of service
• 26 = Number of working days in a month

Example:

Suppose an employee has completed 10 years of service, and their last drawn basic + DA is ₹50,000.

Gratuity = (₹50,000 × 15 × 10) ÷ 26 = ₹2,88,461.54

 

For Employees Not Covered under the Act:

Some organizations not covered under the Payment of Gratuity Act may still pay gratuity voluntarily. In such cases, the formula may vary:

Gratuity = (15/30 × Last drawn salary) × number of completed years of service

Which simplifies to:

Gratuity = (Last drawn salary × 15 × number of years of service) ÷ 30

Gratuity Exemption under Income Tax Act

Gratuity payments are partially or fully exempt from income tax, depending on the type of employment and the amount received

For Government Employees:

• Any gratuity received by a government employee (central/state/local) is fully exempt from income tax.

For Private Sector Employees Covered under the Act:

The least of the following three amounts is exempt from tax:

1. Actual gratuity received.
2. ₹20,00,000 (lifetime limit).
3. Gratuity calculated as per the formula under the Act.

For Private Sector Employees Not Covered under the Act:

The least of the following is tax-exempt:

1. Actual gratuity received.
2. ₹20,00,000.
3. Half month’s average salary for each completed year of service.

Note: The ₹20 lakh limit is the maximum lifetime exemption. If an employee changes jobs and receives gratuity from multiple employers, the total exemption cannot exceed this limit.

Gratuity and Income Tax Filing

If your gratuity falls within the exempted limit, you are not required to pay any tax on it. However, it must be disclosed in your Income Tax Return (ITR) under exempt income. If the gratuity exceeds the exempt limit, the excess amount is added to your taxable income and taxed as per your applicable slab.

Applicability of Gratuity Law

The Payment of Gratuity Act applies to:

• Factories
• Mines
• Oilfields
• Ports
• Railway companies
• Shops and establishments with 10 or more employees

Once the Act becomes applicable to an establishment, it continues to apply even if the number of employees falls below 10 in the future.

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Employer’s Responsibility

• Employers must determine eligibility and calculate the amount as per the Act.
• Gratuity must be paid within 30 days of it becoming due.
• Interest is payable if there is a delay beyond the prescribed period.
• Employers can forfeit gratuity partially or fully if the employee has been terminated due to misconduct, violence, or criminal offense

Nomination for Gratuity

Employees should nominate a beneficiary by filling out Form F under the Act. This ensures that in the event of death, the gratuity amount is paid to the rightful nominee without legal complications.

How to Claim Gratuity

1. Submit Form I to the employer within 30 days from the date gratuity becomes payable.
2. Employer reviews and determines the payable amount.
3. Payment is made within 30 days via cheque, demand draft, or direct bank transfer.

FAQs on Gratuity

Q1. Can an employee claim gratuity before 5 years?
Gratuity is generally not payable before five years, except in cases of death or disablement.

Q2. Is gratuity part of the CTC?
Yes, many companies include gratuity as part of the Cost to Company (CTC). However, it’s only paid at the time of separation.

Q3. What happens if the employer does not pay gratuity?
You can file a complaint with the controlling authority or approach the labor court.

Q4. Can gratuity be paid in installments?
No, gratuity must be paid in full within the prescribed period.

Q5. Is there a cap on the amount of gratuity?
Yes, the maximum tax-free gratuity limit is ₹20 lakhs. Employers can choose to pay more, but the excess is taxable.

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