Gratuity Compliance Checklist

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Gratuity Compliance Checklist

Company Name:

Total Employee Strength:

Compliance Officer:

Financial Year:

Applicability & Coverage

Determine if the Payment of Gratuity Act, 1972 applies to your establishment.

The Act applies to every factory, mine, oilfield, plantation, port, and railway company, and every shop or establishment where 10 or more persons are employed or were employed on any day in the preceding 12 months. Once applicable, it continues to apply even if employee strength falls below 10.

Identify employees eligible for gratuity benefits.

Gratuity is payable to every employee who has completed a minimum of 5 years of continuous service upon superannuation, resignation, retirement, death, or disablement. In the case of death or disablement, the 5-year condition is waived under Section 4(1).

Calculate the gratuity amount using the statutory formula.

For employees not covered under a seasonal establishment, gratuity equals (last drawn wages x 15 x number of years of service) / 26. 'Wages' means basic wages plus dearness allowance. The maximum gratuity payable was increased to INR 20,00,000 (INR 20 lakh) by the 2018 amendment.

Treat service of more than 6 months in the last year as a full year.

Under Section 4(2), if an employee has completed more than 6 months of service in the final year, it is rounded up to the next complete year for gratuity calculation purposes. For example, 7 years and 8 months is treated as 8 years.

Nomination & Records

Collect gratuity nominations from all employees in Form F.

Under Section 6 and Rule 6 of the Payment of Gratuity (Central) Rules, 1972, every employee must nominate one or more persons to receive gratuity in the event of their death. The nomination is made in Form F and must be obtained within 30 days of the Act becoming applicable or within 30 days of an employee completing one year of service.

Allow employees to update nominations upon life events.

Employees must update nominations upon acquiring a family (marriage, birth of child). As per Rule 6, an employee who has a family at the time of nomination must nominate family members only. Fresh nomination forms must be filed when family circumstances change.

Maintain a register of nominations in Form L.

The employer must maintain a register of all nominations received in Form L under Rule 8. This register should contain the employee's name, department, date of nomination, and the name and relationship of nominee(s).

Display the abstract of the Gratuity Act at a conspicuous place.

Under Rule 4A, the employer must display an abstract of the Payment of Gratuity Act and Rules in English and in the language understood by the majority of employees at a prominent place in the establishment.

Payment Processing

Pay gratuity within 30 days of it becoming due.

Under Section 4(3), the employer must determine the amount of gratuity and pay it within 30 days of the date it becomes payable (i.e., from the date of superannuation, retirement, resignation, death, or disablement). Delayed payment attracts simple interest from the employer.

Process applications in Form I (employee) or Form J (nominee/legal heir).

The employee or their nominee must submit Form I (application for gratuity by an employee) or Form J (application by a nominee or legal heir in case of death). The employer must issue Form L (notice of payment) or Form M (notice of rejection with reasons) within 15 days.

Deduct income tax (TDS) on gratuity exceeding the exempt limit.

For non-government employees, gratuity up to INR 20 lakh is exempt from income tax under Section 10(10) of the Income Tax Act. Any amount exceeding this is taxable. Deduct TDS at the applicable rate and deposit it with the government.

Do not forfeit or reduce gratuity except for specified misconduct.

Under Section 4(6), gratuity can be wholly or partially forfeited only if the employee's services were terminated for riotous or disorderly conduct, or any act of violence, or for an offence involving moral turpitude committed during employment. Forfeiture must be supported by a domestic inquiry.

Maintain Form O (Gratuity Register) with payment details.

Record every gratuity payment in the Gratuity Register (Form O) showing employee details, service period, last drawn wages, gratuity amount, date of payment, and nominee details. This register must be available for inspection by the Controlling Authority.

Funding & Insurance

Consider obtaining a gratuity insurance policy under Section 4A.

Under Section 4A, employers (other than Central/State Government establishments) must obtain an insurance policy for their gratuity liability from the Life Insurance Corporation (LIC) or any approved insurer, or establish an approved gratuity trust fund. Failure to do so is an offence under the Act.

Alternatively, establish an approved gratuity trust fund.

In lieu of insurance, the employer may set up an irrevocable gratuity trust approved by the Commissioner of Income Tax under Part C of the Fourth Schedule of the Income Tax Act. Contributions to the trust are tax-deductible under Section 36(1)(v).

Conduct actuarial valuation of gratuity liability annually.

Under Ind AS 19 (Indian Accounting Standard for Employee Benefits), the gratuity obligation must be valued annually using the Projected Unit Credit Method by a qualified actuary. The valuation determines the provision to be recognised in the financial statements.

Disclose gratuity liability in financial statements as per Ind AS 19.

Disclose the present value of the defined benefit obligation, fair value of plan assets (if funded), net liability, actuarial gains/losses, and the components of gratuity cost (current service cost, interest cost, expected return on plan assets) in the notes to the financial statements.

What Is a Gratuity Compliance Checklist?

A Gratuity compliance checklist is a structured guide for employers to manage their obligations under the Payment of Gratuity Act, 1972. Gratuity is a statutory benefit payable to employees who have completed five or more years of continuous service upon retirement, resignation, death, or disablement. This checklist covers eligibility determination, calculation methodology, timely payment, and compliance documentation to ensure organizations fulfill their legal obligations.

Why HR Teams Need This Checklist

Gratuity computation errors and payment delays are common compliance pitfalls that can lead to interest liability and employee disputes. HR teams must accurately determine eligible service periods, apply the correct formula based on whether the employee is covered under the Act, and process payments within the prescribed 30-day timeline from the date the gratuity becomes payable. This checklist provides a clear framework for managing gratuity from provisioning to payout.

Key Areas Covered in This Checklist

This checklist addresses applicability assessment for establishments with 10 or more employees, employee eligibility verification, gratuity calculation using the formula of 15 days wages multiplied by years of service divided by 26, maximum gratuity ceiling compliance currently at INR 25 lakh, nomination filing procedures under Form F, and timely disbursement. It also covers forfeiture conditions, tax treatment of gratuity, and the role of the Controlling Authority under the Act.

How to Use This Free Checklist

Use Hyring's free checklist generator to create a gratuity compliance checklist customized to your organization's size and industry. The Detailed view walks through each step from eligibility assessment to final payment, while the Brief view serves as a quick reference for experienced HR professionals. Download the checklist to integrate into your exit management process and ensure every separation case is handled compliantly.

Frequently  Asked  Questions

Which organizations are covered under the Payment of Gratuity Act?

The Payment of Gratuity Act, 1972, applies to every factory, mine, oilfield, plantation, port, railway company, and every shop or establishment employing 10 or more persons on any day in the preceding 12 months. Once the Act becomes applicable, it continues to apply even if the employee count subsequently falls below 10. The Act covers all employees regardless of their designation or wage level.

How is gratuity calculated for employees covered under the Act?

For employees covered under the Act, gratuity is calculated as: Last drawn wages multiplied by 15 divided by 26 multiplied by the number of years of continuous service. Last drawn wages include basic salary and dearness allowance. Service of more than six months in the last year is rounded up to the next full year. The maximum gratuity payable is currently capped at INR 25 lakh as per the latest notification.

What is the minimum service period required for gratuity eligibility?

An employee must complete a minimum of five years of continuous service with the same employer to be eligible for gratuity. However, in cases of death or disablement, the five-year requirement is waived, and gratuity is payable irrespective of the length of service. The Supreme Court has also clarified that service of 4 years and 240 days qualifies as five years for gratuity purposes in certain contexts.

Within what timeframe must an employer pay gratuity?

The employer must pay gratuity within 30 days from the date it becomes payable, which is the date of superannuation, retirement, resignation, death, or disablement. If the employer fails to pay within this period, simple interest at the rate notified by the Central Government becomes applicable on the unpaid amount. The employee or their nominee must submit an application in Form I to claim the gratuity.

Can an employer forfeit an employee's gratuity?

An employer can forfeit gratuity, wholly or partially, under two circumstances defined in Section 4(6) of the Act. Gratuity can be forfeited if the employee's services were terminated for riotous or disorderly conduct, or any act of violence against the employer or property. It can also be forfeited if the services were terminated for any act constituting a moral turpitude offence committed during employment, provided such offence led to a conviction.

Is gratuity taxable in India?

For government employees, any gratuity received is fully exempt from income tax. For non-government employees covered under the Payment of Gratuity Act, gratuity is exempt up to the least of three amounts: INR 25 lakh, 15 days salary for each year of service, or the actual gratuity received. For non-government employees not covered under the Act, a separate calculation applies using half a month's salary for each completed year of service.

What is the role of Form F in gratuity compliance?

Form F is the nomination form that every employee eligible for gratuity must fill out and submit to the employer. The nomination specifies who will receive the gratuity in the event of the employee's death. Employers must ensure that all eligible employees have submitted their nominations and must update nominations when there are changes in the employee's family circumstances such as marriage or birth of children.

Does gratuity apply to fixed-term or contractual employees?

Fixed-term employees are eligible for gratuity on a pro-rata basis even if they have not completed five years of service, as introduced by the amendments aligned with the Industrial Relations Code, 2020. Contractual employees engaged directly by the establishment and completing five years of continuous service are also eligible under the Act. However, employees of a contractor may need to claim gratuity from the contractor as the principal employer, depending on the nature of employment.
Adithyan RKWritten by Adithyan RK
Surya N
Fact Checked by Surya N
Published on: 3 Mar 2026Last updated:
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