Worked example
Example with the default numbers — change them above.
Last drawn monthly wages (basic + DA): ₹50,000 · Years of service: 8 yrs · Extra months: 0 months · Is your employer covered by the gratuity law?: Yes, covered · Type of employment: Permanent
With ₹50,000 monthly wages and 8 years of service, your gratuity comes to ₹2.31 L, of which ₹2.31 L is tax-free.
| Gratuity | ₹2.31 L · ₹50,000 × 15 ÷ 26 × 8 years |
|---|---|
| Tax-free part | ₹2.31 L · Up to ₹20 L for private-sector employees |
| Taxable part | ₹0 · Nothing above the ceiling |
| Years counted | 8 · More than 6 extra months counts as a full year |
How the Gratuity Calculator works
- Enter your last drawn monthly wages (basic plus dearness allowance) and your service as completed years plus extra months.
- The calculator checks the minimum service: 5 years for permanent employees, or 1 year for fixed-term employees under the labour codes.
- For a covered employer, it multiplies wages by 15 ÷ 26 and by the years of service, counting more than 6 extra months in the last year as a full year, and caps the result at the legal maximum of ₹20,00,000.
- For an employer not covered, it uses 15 ÷ 30 of the average wages and the completed years only.
- Finally it applies the tax-free ceiling of ₹20,00,000 (less anything you claimed earlier) and shows what is tax-free and what is taxable.
Gratuity formulas
Covered: Gratuity = last drawn wages × 15 ÷ 26 × years of service, at most ₹20,00,000
Years of service: more than 6 extra months in the last year counts as one full year
Not covered: Gratuity = average wages of last 10 months × 15 ÷ 30 × completed years
Wages = basic pay + dearness allowance + retaining allowance (plus any allowances above 50% of total pay)
26 = working days in a month; 15 = days of wages for each year of service Assumptions and limits
- Checked on 21 October 2026 against the Code on Social Security, 2020 (in force from 21 November 2025), the Social Security (Central) Rules, 2026, the Labour Ministry's FAQs of December 2025 and March 2026, and section 19 of the Income-tax Act, 2025. The FAQs are guidance, not law.
- Fixed-term employees qualify after one year of service under the contract (rule 33 of the Central Rules, 2026). Service beyond a completed year counts as another full year if it is more than six months, as for permanent employees.
- The most gratuity payable by law is ₹20,00,000, the limit notified under the Code; the result is capped there. An employer can pay more under a contract or award, and that extra is taxed as salary. The ₹25 lakh figure sometimes quoted is the limit for central government employees.
- The ₹20,00,000 tax-free limit is notified separately from the legal maximum, though both are the same figure today.
- The Labour Ministry's FAQs say the Code applies to anyone whose employment ends on or after 21 November 2025, using their last drawn wages. For fixed-term contracts that began earlier, check with your employer.
- Under the Code, a year counts as continuous service if you worked at least 240 days in the preceding 12 months (190 in some cases), so 4 years plus 240 days of work can qualify as 5 years. This calculator requires a full 5 years, so it may show 'not eligible' where you would still qualify.
- Wages means basic pay plus dearness allowance and retaining allowance. If your other pay (HRA, conveyance, bonus, overtime, commission) is more than half your total pay, the excess is added to wages. Enter the wages figure your employer uses.
Frequently asked questions
How is gratuity calculated?
For a covered employer, gratuity is last drawn wages (basic plus dearness allowance) times 15, divided by 26, times years of service, up to ₹20,00,000. More than six extra months in the last year count as a full year. For example, ₹50,000 wages and 8 years of service give ₹2,30,769.
After how many years of service is gratuity payable?
A permanent employee needs 5 years of continuous service, except on death or disablement. Under the labour codes in force from 21 November 2025, fixed-term employees qualify after 1 year of service under the contract, with more than six extra months counted as another year. The Labour Ministry says the codes apply to anyone whose employment ends on or after 21 November 2025.
Is gratuity tax-free?
For private-sector employees, gratuity is tax-free up to ₹20,00,000 under section 19 of the Income-tax Act, 2025 (earlier section 10(10)), and the amount above that is taxable as salary. Government employees are fully exempt (employees of statutory corporations are not). Any tax-free gratuity you claimed in earlier jobs reduces the limit. Confirm the current rules.
What is the maximum gratuity I can get?
By law, at most ₹20,00,000: the Labour Ministry's FAQs of December 2025 confirm this is the limit notified under the Code on Social Security. It is also the tax-free limit for private-sector employees. Employers can pay more under a contract or award, but the part above the tax-free limit is taxed as salary.
Which salary is used to calculate gratuity?
The last drawn wages: basic pay plus dearness allowance and retaining allowance. Allowances such as HRA, conveyance, bonus and commission are not wages, but if they add up to more than half your total pay, the excess is added back to wages, so the base can be higher than your basic today.
How is gratuity calculated if my employer is not covered by the gratuity law?
If the employer is not covered, the tax-free amount is the lowest of three things: half a month's average wages for each completed year of service (using the last 10 months), the amount actually received, and ₹20,00,000. This calculator shows the half-month formula; choose the option for employers not covered to see it.
Can I get gratuity if I resign?
Yes. Gratuity is payable on resignation, retirement, superannuation, death or disablement, provided you have completed the minimum service. It can be withheld to the extent of loss caused by a wilful act, and wholly or partly if you are dismissed for riotous or violent conduct or an offence involving moral turpitude. Ask your HR team about the process and the time your employer takes to pay.
Sources
- Ministry of Labour and Employment: FAQs on the Labour Codes, 30 Dec 2025 – maximum gratuity ₹20 lakh (PDF)
- Ministry of Labour and Employment: additional FAQs on the Labour Codes, Mar 2026 – gratuity for fixed-term employees (PDF)
- Code on Social Security (Central) Rules, 2026, G.S.R. 344(E) of 8 May 2026 – rule 33, gratuity (PDF)
- PIB factsheet: the new Labour Codes (gratuity for fixed-term employees after one year)
- Income Tax Department: Income-tax Act, 2025, section 19 – exemptions including gratuity (old section 10(10))
- Income Tax Department: taxability of retirement benefits (EPF interest, gratuity)
Logic and rates last verified on .
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