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Calculate gratuity in India: fifteen days of wages per completed year of service on a twenty-six day month, capped at Rs 20 lakh. Correct formula, correct divisor.
Quick Statutory Answer
Under Section 4 of the Payment of Gratuity Act 1972, statutory gratuity is calculated as 15 days of last drawn basic wages plus Dearness Allowance (DA) for every completed year of service, divided by 26 working days: (15 × [Basic + DA] × Years) ÷ 26. An employee becomes eligible after 5 years of continuous service, and the statutory payment is capped at ₹20,00,000.
| Years of Service | Calculation Formula | Gratuity Payable | Statutory Cap Limit | Tax Exemption Limit |
|---|---|---|---|---|
| 5 Years | (15 × ₹50,000 × 5) ÷ 26 | ₹1,44,231 | ₹20,00,000 | Fully Exempt (under s.10(10)) |
| 10 Years | (15 × ₹50,000 × 10) ÷ 26 | ₹2,88,462 | ₹20,00,000 | Fully Exempt |
| 15 Years | (15 × ₹50,000 × 15) ÷ 26 | ₹4,32,692 | ₹20,00,000 | Fully Exempt |
| 20 Years | (15 × ₹50,000 × 20) ÷ 26 | ₹5,76,923 | ₹20,00,000 | Fully Exempt |
| 25 Years | (15 × ₹50,000 × 25) ÷ 26 | ₹7,21,154 | ₹20,00,000 | Fully Exempt |
| 30 Years | (15 × ₹50,000 × 30) ÷ 26 | ₹8,65,385 | ₹20,00,000 | Fully Exempt |
For an employee whose last drawn basic plus dearness allowance was ₹50,000, with 10 completed years of service: 15 × ₹50,000 × 10 ÷ 26 = ₹2,88,462. Wages here means basic plus DA, not gross — using gross is the usual reason a figure comes out too high.
Under section 4 of the Payment of Gratuity Act, 1972 the formula is fifteen days of wages for every completed year of service, on a twenty-six day month: (15 × last drawn wages × years of service) ÷ 26. Last drawn wages means basic plus dearness allowance, and a part-year over six months is counted as a full year.
Five years of continuous service. The condition does not apply where employment ends because of the employee's death or disablement, in which case gratuity is payable regardless of the length of service.
Rs 20,00,000 under section 4(3) of the Act. Anything computed above that ceiling is not payable as statutory gratuity, though an employer is free to pay more as a contractual benefit.
Within 30 days of it becoming payable, under section 7(3). If the employer does not pay in that period, section 7(3A) makes it liable for simple interest for the period of delay.
The Payment of Gratuity Act calculates entitlement per year, not per day. Each completed year of service earns fifteen days of wages. For a monthly-paid employee, the daily wage equivalent is last drawn basic+DA divided by 26 (the statutory working-day month), and fifteen such days per year gives the formula (15 × wages × years) ÷ 26.
Approximately half a month's wages per year of service — fifteen days out of twenty-six working days is about 57.7% of a month. For ten years of service the gratuity works out to roughly 5.77 months of basic plus DA, subject to the Rs 20 lakh cap. The exact formula is (15 × wages × years) ÷ 26.
Service years are counted in completed years, with a part-year of more than six months rounding up to a full year. The gratuity amount is fifteen days of wages per year — which translates to approximately 0.577 months of basic+DA per year of service. The formula is (15 × last drawn wages × counted years) ÷ 26.