Gratuity is an amount that you, as an employee of an organisation, receive when you leave an organisation for reasons such as retirement. The Gratuity is not given to every employee. The Payment of Gratuity Act, 1972 has set some rules for paying the gratuity amount. You are eligible for Gratuity only when you complete five or more years of employment in an organisation.
Gratuity rules state that employees may be paid a gratuity amount before completing five years of employment if the employee is injured and has become disabled due to an accident or disease. The amount of Gratuity receivable by you is dependent on your last drawn salary and the total years of services rendered by you in that organisation.
So, suppose you are planning to leave the job or looking forward to your retirement. In that case, you can use the gratuity calculator to calculate the estimated amount you'll receive in your Gratuity.
The gratuity calculator will calculate the estimated gratuity amount based on the gratuity calculation formula. To calculate the gratuity amount, you would need to input the basic last drawn salary and the tenure of the current service with the organisation. Your final drawn salary will accumulate your primary salary, dearness allowances, and the commissions you would have received through the sales.
The gratuity rules say that there are two main categories to determine the calculation- one for the Employees covered under the Act and the second for the Employees who are not covered under the Gratuity Act.
1) For Employees covered under the Act:
The Gratuity calculation formula that you can use to calculate the Gratuity amount is:
Gratuity = n*b*15/26
n denotes the tenure of service an employee has completed in the organisation.
b denotes the last drawn salary plus dearness allowance.
For instance, you have worked with an XYZ organisation for a total of 15 years. Consider your last basic salary, including the dearness allowance, was Rs. 40,000. So, therefore:
The amount of Gratuity = 15 × 40,000 × 15 / 26 = 3,46,153
Two points are must be noted that:
According to the Gratuity Act, the Gratuity amount cannot be more than Rs. 20 Lakhs. The excess Gratuity amount will be considered as ex-gratia.
While calculating the tenure of service, if you have completed more than six months from your previous date of joining, then it is considered a completed year for the calculation of Gratuity. So, for example, if you have worked for 15 years and seven months, you will receive the gratuity amount for 16 years. But if you have worked for 15 years and five months, then the Gratuity will only be counted for 15 years.
2) For Employees not covered under the Gratuity Act:
Even if the organisation is not covered under the Gratuity Act, the employees would still receive the Gratuity amount. But the number of days will be changed from 26 to 30 days.
The Gratuity calculation formula is:
Gratuity = (15 × last drawn salary × working tenure)/30.
For instance, if you have worked for a company for seven years, the organisation is not covered under the Gratuity Act. And your basic salary was Rs. 35,000.
Gratuity Amount = (15 × 35,000 × 7) / 30 = 1,22,500.
Do not have an account with ICICIdirect? Open your account in few simple stepsOpen an Account
No, you must complete at least five years of service at an organisation to be eligible to receive Gratuity.
Payment of Gratuity Act states that an employee is entitled to a gratuity upon the termination of employment if he has worked for the organisation for at least five years. As a person working on a contract, you will not receive a gratuity from the organisation.
The upper limit for payment of Gratuity is Rs. 20 lacs for government employees and Rs. 10 lacs for non-Government employees.
Under Section 53 of the Insolvency and Bankruptcy Code (IBC), provident fund, pension, and Gratuity obligations are not part of the corporate debtor's liquidation estate and cannot be included in the assets to be liquidated to settle creditors' claims. As a result, even if your employer goes bankrupt, the Gratuity will be paid. No court order can prevent the Gratuity amount from being paid.
As per the government Gratuity rules, the employer releases the Gratuity amount within 30 days from the final settlement date of an employee.
Employees who have completed the minimum period of 5 years with an organisation only are eligible for the Gratuity. As the Gratuity is considered as a loyalty benefit given to an employee by the employer.
You must make a Gratuity nomination within 30 days after completing one year of employment under the Payment of Gratuity Act, 1972. your 'family members' only can be nominated, and if you do not have 'family' members, then you may nominate anyone to receive the Gratuity. To do so you are required to fill and submit the Form 'F'.
Only individuals who have completed 5 years of service with an organisation are eligible for Gratuity. However, Gratuity is typically paid at the time of retirement and at the time of leaving the employment. the Gratuity may also be paid in the event of unforeseen circumstances such as the death of an employee.
With the recent amendment, the amount of Gratuity is tax-free up to Rs.20 lakh, as opposed to the previous limit of Rs.10 lakh set by Section 10(10) of the Income Tax Act.
Even if business of the organisation isn't doing well financially, it must pay the Gratuity to the eligible employees. They cannot refuse to pay Gratuity for the reason of "financial losses.".
Disclaimer: ICICI Securities Ltd. ( I-Sec). Registered office of I-Sec is at ICICI Securities Ltd. - ICICI Centre, H. T. Parekh Marg, Churchgate, Mumbai - 400020, India, Tel No : 022 - 2288 2460, 022 - 2288 2470. The contents herein above shall not be considered as an invitation or persuasion to trade or invest. I-Sec and affiliates accept no liabilities for any loss or damage of any kind arising out of any actions taken in reliance thereon. The contents herein above are solely for informational purpose and may not be used or considered as an offer document or solicitation of offer to buy or sell or subscribe for securities or other financial instruments or any other product. Investments in securities market are subject to market risks, read all the related documents carefully before investing. The contents herein mentioned are solely for informational and educational purpose.