As per Sec 10 (10) of Income Tax Act, gratuity is paid when an employee completes 5 or more years of full time service with the employer (minimum 240 days a year). However, it can be paid before the completion of five years at the death of an employee or if he has become disabled due to accident or disease.
There is no set percentage stipulated by law for the amount of gratuity an employee is supposed to get - an employer can use a formula-based approach or even pay higher than that.
Gratuity payable depends on two factors: Last drawn salary and years of service.
To calculate how much gratuity is payable, the Payment of Gratuity Act, 1972 has divided non-government employees into two categories:
a) Employees covered under the Act
b) Employees not covered under the Act
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