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Gratuity Calculator (India, 2026 rules)

Gratuity in India = last monthly wage (basic pay + dearness allowance) × 15 ÷ 26 × years of service. Since 21 November 2025 the Code on Social Security, 2020 governs it: permanent employees qualify after 5 years, fixed-term employees after 1 year, and allowances above 50% of total pay are added back to the wage. The statutory maximum is ₹20 lakh.

The rules in India

LawCode on Social Security, 2020, Section 53 (in force from 21 November 2025; replaces the Payment of Gratuity Act, 1972)
Who is coveredEmployees of establishments with 10 or more employees
Wage usedLast drawn basic pay + dearness allowance. If other allowances are more than 50% of total pay, the excess is added to the wage
FormulaWage × 15 ÷ 26 × years of service
Years of serviceCompleted years; a final part year of more than 6 months counts as a full year
Minimum service5 years for permanent employees (not needed on death or disablement); 1 year for fixed-term employees
Maximum₹20 lakh
ResignationNo reduction once eligible

The 50% wage rule

The new Code stops employers keeping basic pay artificially low. Add up basic pay, dearness allowance and every other allowance. If the allowances are more than half of that total, the part above half is treated as wage for gratuity.

Example: basic + DA ₹30,000, allowances ₹40,000, total ₹70,000. Half of the total is ₹35,000, so allowances exceed it by ₹5,000. The wage for gratuity is ₹30,000 + ₹5,000 = ₹35,000. The calculator does this for you when you enter allowances.

Worked example

Last basic + DA ₹60,000 a month, 7 years and 8 months of service. The 8 months count as a full year, so 8 years are used.

₹60,000 × 15 ÷ 26 = ₹34,615 per year of service. × 8 years = ₹2,76,923, well under the ₹20 lakh limit.

Fixed-term employees

Under the Code, an employee on a fixed-term contract who completes one year of continuous service is entitled to gratuity on a proportionate basis. The calculator applies the same 15 ÷ 26 formula to their years of service. The central rules on exactly how "proportionate" is worked out are still being clarified, so check the final figure with your employer.

If your employer is not covered

Establishments with fewer than 10 employees do not have to pay gratuity under the Code. If they pay it anyway, income tax exempts up to half a month's average salary (last 10 months, basic + DA) for each completed year. Choose "No" under "Employer covered" to see that limit.

Tax

For employees covered by the gratuity law, the gratuity worked out under the law is tax-free up to the ₹20 lakh limit, under Section 19 of the Income-tax Act, 2025. Any amount paid above the legal figure is taxed as salary. The new tax Act still refers to the old Payment of Gratuity Act; most advisers read it as applying to the Code too.

For employers: gratuity is one line of what a role costs

Gratuity, leave, statutory contributions and notice periods all sit on top of salary. Routine back-office roles such as data entry, follow-ups, reconciliations and reporting can be handed to AI workers that carry none of these costs. Book a free automation audit and we will put your own figures on it.

Please note: this calculator follows the published law and common practice as checked on 21 October 2026. It is a guide, not legal advice. Contracts can give more than the legal minimum, and special cases (part-time work, free zones, disputes) can change the figure, so confirm the final amount with your HR team or a lawyer before paying or accepting a settlement.

Questions people ask

How is gratuity calculated in India?
Multiply the last monthly basic pay plus DA by 15, divide by 26, and multiply by the years of service. A final part year of more than six months counts as a full year. The result cannot exceed ₹20 lakh.
Can I get gratuity before 5 years?
Yes in three cases: if you are a fixed-term employee with at least one year of service, or on death or disablement. Permanent employees otherwise need five years of continuous service.
What changed with the new labour code?
From 21 November 2025 gratuity is paid under the Code on Social Security, 2020. Fixed-term employees qualify after one year, and allowances above 50% of total pay now count as wage, which raises gratuity for many employees.
Is gratuity taxable?
For covered employees, the amount worked out under the law is tax-free up to ₹20 lakh. Anything paid above that is taxable as salary.
Does resigning reduce gratuity?
No. Once you have the minimum service, resignation, retirement and termination all give the same amount. Gratuity can be forfeited only for serious misconduct such as wilful damage or violent conduct.
Why divide by 26?
The law treats a month as 26 working days, so 15 ÷ 26 gives the value of 15 working days' wages for each year of service.

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