Gratuity calculation and payment (Code on Social Security, earlier Payment of Gratuity Act)

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Gratuity calculation and payment (Code on Social Security, earlier Payment of Gratuity Act)

What this means, checked by a CA

Gratuity is the lump sum an employer owes when you leave after enough service. We check eligibility under the new labour code, compute it with the 15/26 formula on the correct wages, tell you the tax-free part, and help the employer issue the notice and pay within 30 days.

₹999

On exit, + 18% GST

  • Delivered in 2 working days after service and salary details
  • Due: Employer must determine gratuity, give written notice and pay within 30 days of it becoming payable

How we do it: IDFD

Every case runs through the same four steps: Information, Discussion, Forms, Deliverables. You see each one ticked as it happens.

InformationWhat we need from you · 7 items
  1. Appointment letter and joining date

    Counts continuous service

  2. Exit date and reason

    Eligibility and 5-year waiver

  3. Last drawn salary breakup

    Wages under the 50% rule

  4. Fixed-term contract, if anyOptional

    Pro rata after one year

  5. Gratuity nomination formOptional

    Who gets paid on death

  6. Gratuity received from past employersOptional

    ₹20 lakh lifetime tax cap

  7. Company gratuity policy or trust rulesOptional

    Better terms are preserved

DiscussionWhat we discuss · 6 items
  1. Is the establishment covered for gratuity (10 or more employees at any time in the last 12 months)?

    Decides 15/26 or 15/30 tax formula

  2. Was the employee permanent or on a fixed-term contract?

    5 years vs 1 year rule

  3. How many years and months of service exactly, including any break?

    Part year over six months counts

  4. What share of pay is basic plus DA?

    50% rule may raise gratuity wages

  5. Was the exit due to death, disablement, termination for misconduct or damage?

    Waiver or forfeiture

  6. Has the employee claimed gratuity exemption before?

    Reduces the tax-free balance

FormsForms we file · 6 items
  1. Check eligibility and count completed years of service

    Completed years plus one if the last part year exceeds six months

    Where: Internal. Due: On exit

  2. Compute gratuity wages and the amount

    Last monthly wages (basic plus DA, with the 50% add-back) x 15 / 26 x years; pro rata for fixed-term; check the notified ceiling. Example: ₹60,000 x 15 / 26 x 23 years = ₹7,96,154

    Where: Internal. Due: On exit

  3. Employee applies to employer (Form IV under the Central Rules 2026, earlier Form I)

    Where: Employer. Due: On becoming payable; employer must act even without an application

  4. Employer gives written notice of the amount to the payee and the competent authority (Form V, earlier Form L)

    Where: Employer and competent authority. Due: Within 30 days of becoming payable

  5. Pay gratuity and compute the tax-exempt part for TDS

    Exempt = least of actual gratuity, formula amount and ₹20 lakh less any exemption used earlier

    Where: Employer payroll. Due: Within 30 days of becoming payable

  6. If disputed, deposit the admitted amount with the competent authority; employee may claim (Form VI)

    Where: Competent authority under the Code. Due: On dispute; appeal within 60 days of order

DeliverablesWhat you get · 4 items
  1. Gratuity computation sheet

    When: 2 working days

  2. Tax note on exempt and taxable part

    When: With computation

  3. Draft employer notice of amount

    When: With computation

  4. Payment confirmation

    When: Within 30 days of exit

Questions people ask

  • Has the gratuity formula changed under the new labour code?

    No. It is still 15 days' wages for each completed year, with more than six months rounded up. What changed is the wage definition and the one-year rule for fixed-term staff.

  • Why divide by 26?

    For monthly-rated employees, 15 days' wages is the monthly rate divided by 26 and multiplied by 15.

  • How much gratuity is tax-free?

    For private employees, the least of actual gratuity, the formula amount and ₹20 lakh, as a lifetime cap. Government employees are fully exempt.

  • When must the employer pay?

    Within 30 days of the date gratuity becomes payable, with interest if late.

  • Can gratuity be withheld?

    Only to the extent of damage caused by a wilful act on termination, or wholly or partly for riotous conduct, violence or an offence of moral turpitude.

  • What if the employee dies before five years?

    The five-year rule does not apply; gratuity is paid pro rata to the nominee or heirs.

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Book Gratuity calculation and payment (Code on Social Security, earlier Payment of Gratuity Act)