Finance · 6 min read

Gratuity Act Covered vs Non-Covered Employer

Employers **covered under the Gratuity Act** use (Basic + DA) × 15 × years ÷ 26 with a **₹20 lakh** cap. **Non-covered** firms may pay half a month's salary per year of service—totals can differ materially.

Step by step

1. Confirm coverage

Ten or more employees in many cases triggers Act—verify locally.

2. Count continuous service

Five-year minimum for eligibility under Act rules.

3. Use last drawn salary

Basic plus dearness allowance basis—not full CTC.

Covered vs non-covered

Always read your appointment letter and HR policy.

  • Act covered: 15/26 formula; ₹20L max; statutory rights.
  • Non-covered: Contractual formula; negotiate on hire.

Common mistakes

  • Using CTC instead of basic+DA
  • Ignoring broken service years

FAQ

Is gratuity taxable?

Exempt up to limits for qualifying employees—CPA rules apply.