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What is Gratuity, Eligibility & Calculation?

What is gratuity amount

Introduction

If you have been working with an organisation for quite some time, you are sure to have heard the word gratuity. But do you know what is gratuity and how is it calculated?

Whether you are an employee curious to know more about your benefits or an employer trying to ensure compliance, understanding gratuity is absolutely essential. In this guide, we shall understand what is gratuity amount, who is eligible and break down the calculation of gratuity amount, in a clear practical and way.

What is Gratuity Amount?

You may notice that the word ‘gratuity’ appears to be related to ‘gratitude’, meaning being thankful or showing appreciation. That’s exactly what gratuity implies. Gratuity is a reward, generally a financial benefit, paid by the employers to their employees as a gesture of appreciation and gratitude for their long-term service to the organisation. It is regulated by the Payment of Gratuity Act, 1972 which mandates that an employee who is eligible for gratuity receives a lump sum amount when he/she leaves the organisation.

To simply answer the question what is gratuity amount, gratuity amount is the money that employees receive as a farewell gift for their dedication, hard work and loyalty. It is paid to the employees at the time of:
  1. Retirement or superannuation
  2. Resignation (after they meet the eligibility criteria)
  3. Death or disability (in this case the nominee receives the gratuity)
What is Gratuity Amount
Let our experts handle the complexities of gratuity!

Who is Eligible for Gratuity?

Now, before we dive into eligibility for gratuity calculation, let’s understand who is eligible for gratuity. This is essential not only for employees to gauge their financial security but also for employers to stay compliant. As per the Payment of Gratuity Act of 1972, an employee must meet several conditions to be eligible for gratuity, and these include:
  • Minimum Service: An employee must have completed at least five continuous years with the same employer.
  • Types of Employees: Both full-time employees and part-time employees are eligible for gratuity if they meet the five-year service condition.
  • Applicable Situations and Eligibility for Gratuity Calculation:
    A.Retirement or resignation of the employee after at least five years of service.
    B. Death or a permanent disability, in cases of which the five-year rule is waived.
  • Organisational Coverage:The Act applies to organisations that have 10 or more employees. However, it is important to note that even if the number of employees in an organisation drops below 10, the organisation remains liable to pay the gratuity.
Who is eligible for gratuity

How to Calculate Gratuity Amount?

It’s now time to get to the core of the calculation of gratuity amount, made simple by a straightforward formula,

Gratuity Amount =

Last year drawn salary X 15 x years of service

26

Where,

  • Last drawn salary = Basic Pay + Dearness Allowance (DA)
  • 15, meaning 15 days = Half month’s salary
  • 26 = Number of working days in a month

Calculation of Gratuity Amount with Examples

Example 1: For an employee who worked for 10 years in private sector with the last drawn salary of ₹60,000.

  • Last drawn salary (₹60,000 (Basic + DA)
  • Years of Service: 10 Years

Gratuity Amount =

60,000 x 15 x 10

26

= 3,46,153

Hence, the employee will receive ₹3,46,153 in gratuity.

Example 2: Calculation of gratuity amount with part of a year in service.

  • Last drawn salary: ₹40,000
  • Years of service: 5 years and 8 months
  • Here, the service period has some odd months leading to an incomplete year with five complete years. How to calculate gratuity amount in this case?

    Consider the odd year of 8 months. As 8 months are more than 6 months, we round the service period of 5 years and 8 months to 6 years, and calculate the gratuity using the same formula.

    Gratuity Amount =

    40,000 x 15 x 6

    26

    = 1, 38, 462

    Therefore, the employee will receive the gratuity amount of ₹1,38,462.
    Not sure how to calculate gratuity amount accurately? We’ll help you get there.

    Key Points to Consider During Calculation of Gratuity Amount

    There are some nuances that play while carrying out the calculation of gratuity amount which are crucial to stay compliant. These include:
    • Rounding rule: If the service period of the employee exceeds six months, then it is rounded up as one year; if it’s less than six months then the whole year before that is taken into account. For example, 4 years and 7 months count as 5 years, whereas 4 years and 4 months account can be considered as 4 years.
    • Taxability on the Gratuity Amount: The Payment of Gratuity Act dictates the taxability on the Gratuity amount as follows-

      A. Gratuity is fully tax-exempted for government employees
      B. Gratuity is tax-free up to ₹20 Lakhs for employees in private sector. The amount that exceeds this is taxable under section 10 (10) of income tax act.

    Legal Framework and Compliance

    Now that you have an understanding of what is gratuity and how is it calculated, let’s have a look at some compliances related to this. Gratuity in India is regulated by the Payment of Gratuity Act, 1972, which clearly outlines the rules and obligations for employers.

    Key Legal Compliances:

    • Timely Payments:Gratuity must be paid within 30 days of an employee’s exit from the organisation.
    • Nomination: Employees can nominate their spouse, children, or dependents to receive the gratuity in case of their death.
    • Penalties for Non-Compliance: Employers failing to pay gratuity can face fines and even imprisonment.
    Legal Framework and Compliance

    Why Gratuity Matters for Employers and Employees?

    Knowing what is gratuity amount is not enough for employees or employers. Understand why it matters helps employees stay aware of their right to financial stability and the employers’ commitment to their employees and legal compliances.

    For Employees:

  • Gratuity provides a sense of financial security post-employment.
  • It recognises and rewards their long-term service.
  • It is also a tax benefit of up to ₹20 lakh.
  • For Employers:

  • Gratuity promotes employee retention.
  • It ensures compliance with labour laws.
  • Avoids legal penalties and keeps compliances sound.
  • Need help with gratuity compliance? Let Vishaal Consultancy Services handle it seamlessly.

    Conclusion

    Understanding what is gratuity and how is it calculated is important for both employees and employers. So, ensuring error free calculation of gratuity amount and compliance with the rules protect employee rights and keep organisations legally secure.

    At Vishaal Consultancy Services, we offer labour law advisory and 360° statutory compliance solutions to help businesses manage their gratuity related obligations with utmost ease. With 30+ years of experience with over 250 clients across various domains, we are proud to have a flawless, 100% track record with compliances. Whether you are looking for assistance with the eligibility for gratuity calculation, or entire payroll management, our expert team ensures precision, accuracy, peace of mind.

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