Loyalty Pay.

A reward for your dedication. Our 2026 engine provides absolute clarity on your statutory retirement benefits using verified labor law algorithms.

Running Statutory Engine...

Service Rewards

Gratuity is a defined benefit plan provided by an employer to an employee for services rendered to the organization. It is usually paid at the time of retirement, resignation, or death, provided the employee has completed at least five years of continuous service.

Strategic Insight

In 2026, for the purpose of gratuity calculation, a "month" is considered to have 26 working days. This is why the formula uses 15/26 to represent 15 days of salary for every year worked.

Labor Law Expert Hub

2026 Retirement Benefit Analysis

1. What is gratuity?

Gratuity is a lump sum amount paid by an employer to an employee as a mark of recognition for their long-term service.

2. Who is eligible for gratuity?

Any employee who has completed a minimum of 5 years of continuous service with the same employer is eligible.

3. What is the 5-year rule exception?

The 5-year requirement is waived in the event of the employee's death or disablement due to an accident or disease.

4. How is gratuity calculated?

Formula: (Last Drawn Basic + DA) * 15/26 * Number of years of service.

5. What does 15/26 mean?

15 represents half a month's salary, and 26 represents the total number of working days in a month.

6. Is gratuity taxable in 2026?

For government employees, it's fully exempt. For private employees, it's exempt up to ₹20 Lakh (as per current limits).

7. Does the 5-year rule mean exactly 1825 days?

Technically, 4 years and 190 days (if the company works 6 days a week) is often counted as 5 years by courts.

8. Is gratuity mandatory for all companies?

It is mandatory for any organization with 10 or more employees on any single day in the preceding 12 months.

9. What salary is used for calculation?

The calculation is based on your 'Last Drawn Salary,' which include Basic Pay and Dearness Allowance (DA) only.

10. Can an employer refuse to pay gratuity?

Only if the employee's services were terminated due to violent conduct or an act of moral turpitude.

11. What is the maximum limit for gratuity?

The maximum statutory limit for gratuity is ₹20 Lakh. Any amount paid above this is taxable.

12. How to claim gratuity?

An employee should apply in Form I to the employer within 30 days of the date it becomes payable.

13. Can I nominate someone for gratuity?

Yes, employees must fill out Form F to nominate family members to receive the amount in case of their death.

14. Is gratuity paid on resignation?

Yes, provided you have completed the minimum eligibility period of 5 years.

15. Does a gap in service affect gratuity?

Service must be 'continuous.' Authorized leave, strikes, or lockouts usually don't count as a break.

16. What happens if the employer goes bankrupt?

Gratuity is a statutory right; it must be paid out of the gratuity fund which is usually managed by an insurer like LIC.

17. Can I receive more than the formula suggests?

Yes. An employer can pay 'Ex-Gratia' which is more than the statutory amount if they choose.

18. Is the HQCalc tool verified?

Yes. HQCalc by Shivam Sagar uses the official formula from the Payment of Gratuity Act, 1972.

19. Is this tool free for 2026?

Yes. All professional retirement tools on HQCalc are free to use.

20. What is the 6-month rounding rule?

If the last year of service is more than 6 months (e.g., 5 years 7 months), it is rounded up to the next year (6 years).

Explore More

Related Calculators & Tools

Discover more free calculators, PDF tools, image converters and daily-use utilities on HQCalc.

All Tools