Gratuity calculator India — gratuity amount under the new labour codes
Free Gratuity Calculator India 2026 — New Labour Code Rules and 15/26 Formula
ToolNestCalc · Labor Series

Gratuity Calculator — India

This gratuity calculator works out your gratuity under India’s new labour codes, in force since 21 November 2025: 15 days of wages for every year of service under the 15/26 formula, wages worked out under the new 50% rule — basic pay plus dearness allowance, with any allowances above half your total pay added back — and the new one-year eligibility for fixed-term employees, paid pro-rata.

Formula
15 days per year (15/26)
Wage basis
At least 50% of total pay
Permanent staff
5 years to qualify
Fixed-term staff
1 year, pro-rata
Maximum payable
₹20 lakh
Gratuity calculator India — gratuity amount under the new labour codes

Your job and salary

The one-year rule covers fixed-term staff engaged directly by the employer. If you work through a contractor or staffing agency, the contractor pays your gratuity after five years, like a permanent employee.

₹
0₹3,00,000 / month
₹

Your full monthly remuneration before deductions — basic, DA, HRA, and all other allowances combined (roughly your monthly CTC excluding the employer’s PF contribution). The new law counts any allowances above 50% of this figure as wages, so gratuity wages can never fall below half of it.

For permanent employees, a final part-year of more than six months counts as a full year; six months or less does not count. Fixed-term employees are paid pro-rata on the exact service.

Gratuity payable
₹0 one-off payment
Wages used
₹0
Years counted
0
Per year of service
₹0
15 days of wages (15/26 of a month)
Eligibility
—

New labour codes vs the old Gratuity Act

New — Code on Social Security, 2020 wages under the 50% rule; fixed-term staff qualify after 1 year
₹0
Old — Payment of Gratuity Act, 1972 basic + DA only, as the employer designated it; everyone waited 5 years
₹0

How this gratuity calculator works — your amount, step by step

Three steps. First, your wages are set under the Code on Wages: basic pay plus dearness allowance, topped up to half of your total pay if your allowances run above 50% of it. Second, your service is counted — completed years with the six-month rounding rule for permanent staff, exact pro-rata service for fixed-term staff. Third, the 15/26 formula is applied and the ₹20 lakh maximum is checked.

Total gratuity payable₹0

The gratuity formula — 15 days of wages for every year

One formula for every covered employee. Gratuity is 15 days of wages for each completed year of service, on your last drawn wages: gratuity = wages × 15 ÷ 26 × years of service. The 26 is the number of working days the law counts in a month, so 15/26 of a month’s wages is exactly 15 days of pay — a little over half a month’s wages for every year you worked. For seasonal establishments a different rate applies: seven days of wages for each season.

Part of the formulaWhat it meansValue
Days of wages per yearWhat you earn for each year of service15 days
Working days in a monthThe statutory month used to price a day26 days
Part-year over 6 monthsRounds up to a full year (permanent staff)counts
Maximum payableThe statutory ceiling on the payment₹20,00,000

Worked example. On wages of ₹50,000 a month, each year of service earns 50,000 × 15 ÷ 26 = ₹28,846. Ten years of service therefore pays ₹2,88,462 — and because the amount is under the ₹20 lakh ceiling, it is also fully exempt from income tax for a covered private-sector employee.

What changed on 21 November 2025 — the new labour codes

The formula did not change. The salary it runs on, and who qualifies, did. The four labour codes replaced 29 older laws, and gratuity moved from the Payment of Gratuity Act, 1972 into the Code on Social Security, 2020. Two changes matter for your payout, and the Labour Ministry’s FAQs confirm that for anyone leaving on or after 21 November 2025, the new wage definition applies to the whole period of service — including years worked before the codes began.

RuleOld — Gratuity Act, 1972Now — Code on Social Security, 2020
Salary baseBasic + DA, as the employer designated it — a low basic meant low gratuityWages: basic + DA + retaining allowance, and never less than 50% of total pay
Permanent employees5 years of continuous service5 years — unchanged
Fixed-term employeesSame 5-year waitEligible after 1 year, paid pro-rata
Death or disablementNo minimum serviceNo minimum service — unchanged
Formula(Wages × 15 × years) ÷ 26Unchanged
Maximum payable₹20 lakh₹20 lakh — unchanged

Why the 50% rule raises so many payouts. Many Indian salary structures keep basic pay at 30–40% of total pay and load the rest into HRA and allowances, which quietly shrank gratuity for decades. Under the Code on Wages, excluded components may not exceed half of total remuneration: anything above that is added back to wages. On total pay of ₹60,000 with basic + DA of ₹24,000, wages for gratuity are ₹30,000 — not ₹24,000 — and ten years of service pays ₹1,73,077 instead of ₹1,38,462.

Who qualifies for gratuity — the 5-year rule, the 1-year rule, and the exceptions

Permanent employees: five years of continuous service. The five-year test is about continuous service with the same employer, and a year counts as continuous when you actually worked at least 240 days in it (190 days for underground mines) — paid leave, sick leave and maternity leave all count toward it.

If your final part-year takes you past six months, it rounds up for the amount, which is why someone at 4 years 7 months is paid for 5 years. Some High Courts have gone further and treated four years plus 240 days actually worked in the fifth year as completing five years — but that reading is not applied uniformly, so if you are resigning close to the line, the exact date of your last working day is worth real money and worth checking with HR.

Fixed-term employees: one year, pro-rata. Since 21 November 2025, a fixed-term employee engaged directly by the employer qualifies after completing one year of service under the contract and is paid pro-rata for the exact period served — 2 years 6 months is paid as 2.5 years. An engagement of less than one year, such as an 11-month contract, does not qualify. Staff supplied through a contractor are in a different position: the contractor, as the employer, pays their gratuity after five years.

No wait at all on death or disablement. When employment ends because the employee dies or is disabled by accident or disease, gratuity is payable whatever the length of service — to the nominee, or to the legal heirs if there is no nomination. Gratuity can also be forfeited, but only narrowly: where the employee is terminated for proven misconduct causing damage, or an offence involving moral turpitude, and only to the extent the law allows.

Worked examples — gratuity in practice

Ten years, permanent, allowance-heavy salary. Priya’s total pay is ₹60,000 a month, but her basic + DA is only ₹24,000. Under the old Act her gratuity ran on ₹24,000: 24,000 × 15 ÷ 26 × 10 = ₹1,38,462. Under the new codes her wages are topped up to 50% of total pay — ₹30,000 — and the same ten years pay 30,000 × 15 ÷ 26 × 10 = ₹1,73,077. The 50% rule alone adds ₹34,615.

Two and a half years on a fixed-term contract. Rohan is hired directly on a fixed-term contract with wages of ₹40,000 a month (basic + DA of ₹40,000 within total pay of ₹60,000, so no top-up applies). Under the old rules he would have received nothing — he left before five years. Under the new codes he qualifies after one year and is paid pro-rata: 40,000 × 15 ÷ 26 × 2.5 = ₹57,692.

Thirty years, high earner — the ₹20 lakh ceiling. Meera retires after 30 years on wages of ₹1,50,000 a month. The formula gives 1,50,000 × 15 ÷ 26 × 30 = ₹25,96,154, but the statutory maximum is ₹20 lakh, so her gratuity is ₹20,00,000. Anything above the ceiling that an employer chooses to pay is ex-gratia, not statutory gratuity.

How we calculate — method and sources

This gratuity calculator follows the Code on Social Security, 2020 and the Code on Wages, 2019 step by step:

  1. Find the wages. Basic pay plus dearness allowance (and retaining allowance, if you receive one). Then the 50% test from Section 2(y) of the Code on Wages: if your excluded components — HRA, conveyance, overtime, bonus and similar — add up to more than half of your total remuneration, the excess is added back. Wages are therefore never less than 50% of total pay.
  2. Count the service. For permanent employees, completed years, with a final part-year of more than six months rounded up to a full year. For fixed-term employees, the exact service in years and months, paid pro-rata.
  3. Test eligibility. Five years of continuous service for permanent employees, one year for fixed-term employees engaged directly, and no minimum where employment ended due to death or disablement.
  4. Apply the formula. Gratuity = wages × 15 ÷ 26 × years counted, then the statutory maximum of ₹20,00,000 is applied.
  5. Compare with the old law. The comparison panel runs the same service on basic + DA alone, with the old five-year wait for every type of employee, so you can see exactly what the new codes changed for you.

The formula, eligibility rules and ceiling are taken from Section 53 of the Code on Social Security, 2020 (which carries forward Section 4 of the Payment of Gratuity Act, 1972), the wages definition in Section 2(y) of the Code on Wages, 2019, and the Labour Ministry’s published FAQs, including its clarification that the new wage definition applies to the entire service for exits on or after 21 November 2025. The tax exemption is Section 10(10) of the Income Tax Act. Figures were verified on 22 October 2026.

Gratuity calculator — common questions

How is gratuity calculated in India?

Gratuity = (last drawn monthly wages × 15 × years of service) ÷ 26. You earn 15 days of wages for every completed year of service, with a month counted as 26 working days. A final part-year of more than six months rounds up to a full year. The maximum gratuity payable is ₹20 lakh.

What changed for gratuity under the new labour codes?

Two things, from 21 November 2025. First, gratuity now runs on wages as defined in the Code on Wages: basic pay plus dearness allowance plus retaining allowance, and if your other allowances exceed 50% of your total pay, the excess is added back — so wages are never less than half your total pay. Second, fixed-term employees hired directly by the employer qualify after just one year, paid pro-rata. For anyone leaving on or after 21 November 2025, the new wage definition applies to their entire service.

Who is eligible for gratuity?

Permanent employees need five years of continuous service. Fixed-term employees engaged directly by the employer need only one year and are paid pro-rata for the service completed. There is no minimum service at all when employment ends because of death or disablement. Staff engaged through a contractor are paid by the contractor after five years.

Is gratuity taxable in India?

For private-sector employees covered by the law, gratuity is exempt from income tax up to ₹20 lakh over your lifetime under Section 10(10) of the Income Tax Act. Because the maximum gratuity payable is also ₹20 lakh, a covered employee’s statutory gratuity is normally fully tax-free. Government employees’ gratuity under the CCS (Pension) Rules is fully exempt and follows different rules.

How are part years counted for gratuity?

For permanent employees, only completed years count, but a final part-year of more than six months is rounded up to a full year: 7 years 7 months is paid as 8 years, while 7 years 4 months is paid as 7. Fixed-term employees are instead paid pro-rata on their exact service, so 2 years 6 months is paid as exactly 2.5 years.

When must my employer pay my gratuity?

Within 30 days of the gratuity becoming payable. If the employer pays late, simple interest is payable on the delayed amount for the period of delay. You claim with Form IV under the Code on Social Security (Central) Rules, 2026; under the old Act this was Form I.

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Sources

Every rule in this gratuity calculator is checked against the labour codes and official guidance listed below.

  • Code on Social Security, 2020: Section 53 (gratuity — 15 days of wages per year, five-year eligibility, one-year pro-rata eligibility for fixed-term employees, payment within 30 days), in force from 21 November 2025, carrying forward the Payment of Gratuity Act, 1972.
  • Code on Wages, 2019: Section 2(y) — the definition of wages (basic pay, dearness allowance and retaining allowance, with excluded components capped at 50% of total remuneration).
  • Ministry of Labour and Employment, Government of India: labour codes FAQs, including the clarifications that fixed-term employment means direct engagement by the employer, that an 11-month engagement does not qualify, and that the new wage definition applies to the entire period of service for exits on or after 21 November 2025 (labour.gov.in).
  • Income Tax Act: Section 10(10) — gratuity exemption up to ₹20,00,000 for employees covered by the gratuity law.

Estimates only — not legal or tax advice. This gratuity calculator covers employees under the Code on Social Security, 2020 in establishments where the gratuity law applies (generally 10 or more employees). It does not cover government employees, whose gratuity follows the CCS (Pension) Rules, seasonal establishments (seven days of wages per season), or piece-rated workers (wages averaged over the last three months). Some state rules under the new codes are still being notified, and whether a payment counts as an excluded component depends on its real nature, not its name on your payslip. Confirm your figure with your HR department or a labour lawyer before acting.