📋 What is Gratuity? Gratuity is a lump sum payment made by an employer to an employee as a token of appreciation for services rendered. In India, it's governed by the Payment of Gratuity Act, 1972. In UAE, it's an end-of-service benefit.
Calculate gratuity for India (Payment of Gratuity Act 1972) & UAE (End of Service benefits)
📋 What is Gratuity? Gratuity is a lump sum payment made by an employer to an employee as a token of appreciation for services rendered. In India, it's governed by the Payment of Gratuity Act, 1972. In UAE, it's an end-of-service benefit.
Where:
Under Section 10(10) of Income Tax Act, gratuity is exempt up to the least of:
For government employees, entire amount is tax-exempt.
First 5 years: 21 days' salary per year
After 5 years: 30 days' salary per year
Daily Wage: Monthly Salary ÷ 30 days
Maximum Cap: Cannot exceed 2 years' salary
Reduction: If resignation before 5 years, benefits may be reduced
A: India: 5 years of continuous service is required. However, this condition is waived in case of death or disability of the employee. UAE: 1 year of continuous service is the minimum requirement for end-of-service benefits.
A: Gratuity is partially tax-exempt in India under Section 10(10) of the Income Tax Act. For government employees, the entire amount is exempt. For private sector employees, exemption is available up to ₹20 lakhs, subject to certain calculations. Any amount above the exempt limit is taxable as per applicable income tax slabs.
A: Under the Payment of Gratuity Act 1972, you are not entitled to gratuity if you resign before completing 5 years of service. However, some organizations may have their own gratuity schemes that allow payment even before 5 years, though this is not mandatory under the law.
A: For limited contracts in UAE, the calculation is the same as unlimited contracts (21 days for first 5 years, 30 days thereafter). However, if the contract ends naturally at its expiry date, full gratuity is paid. If the employee resigns before the contract end date, the gratuity amount may be reduced.
A: India: No, if you meet the eligibility criteria (5 years service, organization covered under Act), the employer is legally bound to pay gratuity. Refusal can be challenged in labor court. UAE: End-of-service gratuity is a statutory right. However, it may be forfeited if the employee is terminated for serious misconduct.
A: India: Only Basic Salary and Dearness Allowance (DA) are included. Other allowances like HRA, Conveyance, Medical, etc., are NOT included. UAE: Only the basic salary is used for calculation. Housing allowances, transport allowances, and other benefits are excluded.
A: India: Gratuity must be paid within 30 days from the date it becomes payable (i.e., from the date of resignation/retirement/termination). UAE: End-of-service gratuity should be paid within 14 days of the end of employment contract.
A: India: There is no maximum limit on the gratuity amount that can be paid. However, the tax exemption is capped at ₹20 lakhs for private sector employees. UAE: Yes, the total end-of-service gratuity cannot exceed 2 years' basic salary.