Gratuity Policy [India]

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Gratuity Policy [India]

Company Name:

Effective Date:

Policy Owner:

Approved By:

Gratuity Trust Name:

1. Purpose & Scope

1.1 This policy establishes the framework for the computation, administration, and disbursement of gratuity to eligible employees in compliance with the Payment of Gratuity Act, 1972, as amended from time to time, and any applicable state-specific rules. Gratuity is a statutory retirement benefit payable to employees as a reward for long and meritorious service. This policy applies to all employees of the Organization across all establishments in India where 10 or more persons are employed or were employed on any day in the preceding 12 months, as mandated by Section 1(3) of the Act. The Organization shall maintain a gratuity fund through an approved insurance company or a Board-managed gratuity trust to ensure that gratuity liabilities are adequately funded at all times.

1.2 The HR department, in coordination with the Finance department and the Organization's approved gratuity insurer or trust administrators, shall be responsible for maintaining accurate records of employee service, computing gratuity entitlements upon eligibility events, processing gratuity claims within 30 days of the date on which the gratuity becomes payable as mandated by Section 7(3) of the Act, and ensuring compliance with all statutory filing, reporting, and display requirements under the Payment of Gratuity Act, 1972 and the Payment of Gratuity (Central) Rules, 1972. The Organization shall display an abstract of the Act and the rules in a conspicuous place at every establishment, in English and in the language understood by the majority of employees.

2. Eligibility & Qualifying Service

2.1 An employee becomes eligible for gratuity upon the superannuation, retirement, resignation, or termination of employment after completing not less than 5 years of continuous service with the Organization, as defined under Section 4(1) of the Payment of Gratuity Act, 1972. For the purpose of calculating continuous service, an employee who has worked for not less than 190 days in a year (in establishments working below ground in mines) or 240 days in a year (in all other establishments) shall be deemed to have completed one year of continuous service, as per Section 2A of the Act. In cases of death or disablement of the employee, the 5-year continuous service requirement is waived, and gratuity shall be payable irrespective of the length of service rendered. Service of more than 6 months in the final year shall be rounded up to one full year for computation purposes.

2.2 For the purpose of determining eligibility, continuous service shall include all periods during which the employee was in uninterrupted service, including periods of authorised leave (paid or unpaid), lay-off within the meaning of the Industrial Disputes Act, 1947, suspension pending inquiry (where the employee is not ultimately dismissed), and periods of absence due to temporary disablement caused by an accident arising out of and in the course of employment as provided under Section 2A of the Act. Breaks in service caused by sickness, accident, approved leave of absence, lock-out, or cessation of work not due to the fault of the employee shall not be treated as interruptions of continuous service. The HR department shall maintain detailed records of each employee's service history to ensure accurate determination of continuous service at the time of gratuity computation.

3. Gratuity Computation

3.1 Gratuity for employees covered under the Payment of Gratuity Act, 1972 shall be calculated using the formula: Gratuity = (Last Drawn Wages x 15 x Completed Years of Service) / 26, where 'Last Drawn Wages' means the basic wages last drawn by the employee plus dearness allowance as defined under Section 2(s) of the Act, and 26 represents the number of working days in a month. For employees who are paid on a piece-rate basis, wages shall be computed on the basis of average daily wages for the last 3 months preceding termination, excluding overtime. The maximum gratuity payable under the Act shall not exceed Rs. 20,00,000 (Rupees Twenty Lakhs) as per the current statutory ceiling, or such higher amount as may be notified by the Central Government from time to time. Where the Organization's gratuity scheme provides a formula more favourable than the statutory minimum, the more beneficial computation shall apply.

3.2 In accordance with Section 4(6) of the Payment of Gratuity Act, 1972, gratuity payable to an employee may be forfeited, wholly or partially, if the employee's services have been terminated for any act of wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, to the extent of the damage or loss so caused. Additionally, gratuity may be wholly or partially forfeited if the employee's services are terminated for riotous or disorderly conduct or any other act of violence on their part, or if the services are terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by the employee during the course of employment. Any decision to forfeit gratuity shall be taken after due inquiry, communicated in writing to the employee with reasons, and shall be subject to legal review. The Organization shall ensure that forfeiture decisions comply strictly with the grounds specified in the Act and do not exceed the statutory limits.

4. Nomination & Payment

4.1 Every employee who has completed one year of service shall make a nomination in Form F as prescribed under Rule 6 of the Payment of Gratuity (Central) Rules, 1972, designating one or more persons to whom gratuity shall be payable in the event of the employee's death. The nomination shall be submitted to the HR department within 30 days of completing one year of service. An employee with a family (as defined in Section 6 of the Act) shall nominate only a member or members of their family. An employee who has no family may nominate any person, but such nomination shall become invalid upon the employee subsequently acquiring a family. Nominations may be modified by the employee at any time by submitting a fresh Form F. The HR department shall maintain all nomination forms securely and ensure that each employee's nomination is current and valid.

4.2 As mandated by Section 7(3) and Section 7(3A) of the Payment of Gratuity Act, 1972, the Organization shall determine and pay the gratuity amount within 30 days from the date on which the gratuity becomes payable. If the amount of gratuity is not paid within the prescribed period, the Organization shall pay simple interest at such rate as may be notified by the Central Government from time to time (currently not less than the interest on provident fund) from the date on which the gratuity becomes payable to the date on which it is paid. The Payroll department shall include the gratuity payment in the employee's full and final settlement or process it as a separate payment within the statutory timeline. Gratuity shall be paid to the employee or, in the case of death, to the nominee(s) or legal heir(s), by cheque, demand draft, or electronic transfer.

5. Tax Treatment & Compliance

5.1 The tax treatment of gratuity shall be administered in accordance with Section 10(10) of the Income Tax Act, 1961. For government employees, the entire gratuity amount is exempt from income tax. For non-government employees covered under the Payment of Gratuity Act, 1972, the gratuity exemption shall be the least of the following: the actual gratuity received, the statutory ceiling of Rs. 20,00,000 (or such higher amount as notified), or 15 days' salary based on the last drawn salary for each completed year of service or part thereof exceeding 6 months. Any gratuity amount exceeding the exemption limit shall be taxable as salary income in the year of receipt. The Payroll department shall compute the taxable and exempt components of gratuity for each eligible employee and apply appropriate TDS deductions where applicable. The Organization shall comply with all statutory filing and reporting obligations related to gratuity under the Act, the Income Tax Act, and any applicable state rules.

5.2 The Organization shall maintain all gratuity-related records, including eligibility computations, payment calculation worksheets, payment receipts acknowledged by the employee or nominee, nomination forms (Form F), modification records, trust financial statements, and insurance policy documents, for a minimum of 8 years from the date of the gratuity event or for such longer period as may be required by applicable law. The Controlling Authority appointed under the Act shall have access to such records upon request. This policy shall be reviewed at least annually by the policy owner in consultation with Legal Counsel and the Finance department to incorporate any changes in the statutory gratuity ceiling, amendments to the Payment of Gratuity Act, 1972 or the rules thereunder, changes in the income tax exemption limits, or directions from the Controlling Authority. Amendments shall be communicated to all employees within 14 calendar days of the effective date.

What Is a Gratuity Policy Under Indian Law?

A gratuity policy is a formal document that defines an organization's framework for computing, administering, and disbursing gratuity to eligible employees in compliance with the Payment of Gratuity Act, 1972. Gratuity is a statutory retirement benefit payable to employees as a reward for long and meritorious service, representing the employer's gratitude for the employee's contribution during their tenure.

Under the Act, gratuity becomes payable upon an employee's superannuation, retirement, resignation, or termination after completing a minimum of 5 years of continuous service. In cases of death or disablement, the 5-year requirement is waived. The benefit is calculated at the rate of 15 days' wages for every completed year of service, based on the employee's last drawn wages.

A well-drafted gratuity policy ensures that the organization complies with all provisions of the Act, processes claims within the statutory 30-day timeline, maintains proper nomination records, and adequately funds its gratuity liabilities through an approved insurance arrangement or gratuity trust.

Why Your Organization Needs a Documented Gratuity Policy

While the Payment of Gratuity Act, 1972 mandates gratuity payments, having a documented policy ensures consistent administration, timely compliance, and transparent communication with employees about their entitlements.

A formal policy establishes clear procedures for calculating gratuity, processing claims, maintaining nomination records, and handling forfeiture situations. Without documented procedures, organizations risk calculation errors, delayed payments (which attract statutory interest), and disputes with employees or their nominees.

The policy also serves as a reference for the Finance department in maintaining adequate gratuity funding. Under Indian Accounting Standards (Ind AS 19), gratuity is a defined benefit obligation that must be actuarially valued and disclosed in the financial statements. A documented policy supports the actuarial valuation process by defining the benefit formula, eligibility criteria, and any benefits in excess of statutory minimums.

From an employee communication perspective, the policy helps employees understand their gratuity entitlement, the importance of submitting nominations, and the circumstances under which gratuity may be forfeited. This transparency builds trust and reduces disputes at the time of separation.

Key Provisions of the Payment of Gratuity Act, 1972

The Payment of Gratuity Act, 1972 applies to every factory, mine, oilfield, plantation, port, railway company, and every establishment in which 10 or more employees are employed or were employed on any day in the preceding 12 months. Once the Act applies to an establishment, it continues to apply even if the number of employees falls below 10.

Gratuity is calculated using the formula: (Last Drawn Wages x 15 x Completed Years of Service) / 26. Last drawn wages include basic wages and dearness allowance. Service of more than 6 months in the final year is rounded up to one full year. The statutory ceiling on gratuity is Rs. 20,00,000.

Gratuity may be forfeited wholly or partially under Section 4(6) if the employee's service is terminated for wilful omission or negligence causing damage to employer property (forfeiture limited to the extent of the damage), or for riotous or disorderly conduct, or for an act of moral turpitude committed during employment.

Every employee must make a nomination in Form F designating the person(s) to whom gratuity shall be paid in the event of death. The employer must pay gratuity within 30 days of it becoming payable; failure to do so attracts simple interest at the rate notified by the Central Government.

How to Implement This Gratuity Policy

Begin by ensuring that your organization has obtained gratuity insurance from an approved insurer or established a Board-managed gratuity trust to fund the liability. The Act requires employers in applicable establishments to maintain provisions for meeting gratuity obligations.

Configure your HRIS to track each employee's continuous service, including the treatment of various leave categories, lay-offs, and suspensions, to ensure accurate eligibility determination. The system should calculate the gratuity amount automatically based on the last drawn wages and completed years of service.

Ensure that all employees who have completed one year of service submit their nomination in Form F. Maintain nomination records securely and prompt employees to update nominations when their family circumstances change (marriage, birth of children, divorce).

Train the Payroll team on the computation formula, the current statutory ceiling, the 30-day payment timeline, and the interest implications of delayed payment. Establish a process to initiate gratuity calculation immediately upon notification of an employee's separation, retirement, death, or disablement.

Review the policy annually to incorporate any amendments to the statutory ceiling, changes in the interest rate for delayed payment, or updates to the Income Tax Act provisions governing gratuity exemption.

Frequently  Asked  Questions

Who is eligible for gratuity under Indian law?

Any employee who has completed 5 years of continuous service with the employer is eligible for gratuity upon superannuation, retirement, resignation, or termination. The 5-year requirement is waived in cases of death or disablement. Continuous service is calculated based on working 240 days in a year (190 days for mine workers).

How is gratuity calculated?

Gratuity is calculated as (Last Drawn Wages x 15 x Completed Years of Service) / 26. Last drawn wages include basic pay and dearness allowance. Service exceeding 6 months in the final year is rounded up to one full year. The maximum statutory gratuity is Rs. 20,00,000.

Is gratuity taxable in India?

For government employees, gratuity is fully exempt from income tax. For non-government employees covered under the Act, the least of the following is exempt: actual gratuity received, Rs. 20,00,000, or 15 days' salary for each completed year of service. Any amount exceeding the exemption limit is taxable as salary income.

When must gratuity be paid after separation?

The employer must determine and pay the gratuity amount within 30 days of the date it becomes payable (typically the date of separation, retirement, or death). Failure to pay within 30 days attracts simple interest at the rate notified by the Central Government from the due date until actual payment.

What is Form F and why is it important?

Form F is the nomination form prescribed under the Payment of Gratuity (Central) Rules, 1972. Every employee who has completed one year of service must nominate one or more persons to receive gratuity in case of the employee's death. Employees with a family must nominate only family members. Nominations can be modified at any time.

Can an employer forfeit an employee's gratuity?

Gratuity may be forfeited wholly or partially only under Section 4(6) of the Act: for wilful negligence causing damage to employer property (limited to the extent of damage), for riotous or disorderly conduct, or for an act of moral turpitude during employment. Forfeiture must follow due inquiry and cannot exceed the statutory grounds.

Does the 5-year service requirement apply in case of death?

No. In cases of death or disablement of the employee, the minimum 5-year continuous service requirement is waived, and gratuity is payable regardless of the length of service. Payment is made to the nominee(s) designated in Form F, or to the legal heirs if no valid nomination exists.

What is continuous service under the Gratuity Act?

Continuous service includes periods of uninterrupted service, authorised leave, lay-off, suspension not resulting in dismissal, and temporary disablement from a work accident. An employee who works 240 days in a year (190 for mine workers) is deemed to have completed one year of continuous service.
Adithyan RKWritten by Adithyan RK
Surya N
Fact Checked by Surya N
Published on: 3 Mar 2026Last updated:
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