The formula, decoded
Act-covered gratuity = (15 / 26) × last drawn (basic + DA) × years of service
Three numbers do the work:
- 15 = half-month’s wages per completed year (statutory minimum)
- 26 = working days in a month (calendar 30 minus 4 Sundays)
- years = rounded per Section 4(2): partial year > 6 months counts as full
For ₹50,000 basic+DA and 10 years of service:
- Daily wage = ₹50,000 / 26 ≈ ₹1,923
- 15 days’ wages ≈ ₹28,846
- × 10 years = ₹2,88,461 gratuity
Why 15/26 instead of 15/30?
The Act treats Sundays as paid leave, not working days. So a month is 26 working days (30 − 4 Sundays), and the daily wage divides by 26 rather than 30. This produces a ~13% higher daily rate than a calendar-day calculation.
Non-Act employees (rare, in orgs with fewer than 10 employees) use 15/30 — the calendar-day formula. So the same ₹50K × 10yr earns ₹2,50,000 under non-Act, vs ₹2,88,461 under the Act.
The ₹20 lakh tax-free cap
Income Tax Act §10(10)(ii) caps the tax-free portion at the lower of:
- Actual gratuity received
- Formula amount per the Act
- ₹20,00,000 (lifetime cap per career)
So if you earn ₹2L basic and serve 30 years:
- Formula amount = (15/26) × 2,00,000 × 30 = ₹34,61,538
- Tax-free portion = min(34.6L, ₹20L) = ₹20L
- Taxable portion = ₹14,61,538 (added to salary, taxed at slab rate)
Use our Income Tax Calculator to compute the slab tax on the taxable portion.
Worked examples
| Salary | Years | Coverage | Formula amount | Tax-free | Taxable |
|---|---|---|---|---|---|
| ₹50K | 10 | Act | ₹2,88,461 | ₹2,88,461 | 0 |
| ₹2L | 30 | Act | ₹34,61,538 | ₹20,00,000 | ₹14,61,538 |
| ₹50K | 10 | Non-Act | ₹2,50,000 | ₹2,50,000 | 0 |
Bridges
- Gratuity Calculator — the head pillar with the calculator widget
- Gratuity for Private Employees — Act-covered private framing
- Income Tax Calculator — slab tax on gratuity above ₹20L cap
- EPF Calculator — your other retirement-corpus accumulator