Gratuity After 1 Year? Who Qualifies Under the New Labour Code 2026, Formula & an Example
⚡ Quick answer: gratuity under the new Labour Codes In force: the four Labour Codes apply from 21 November 2025 ; gratuity is now under Section 53 of the Code on Social Security, 2020. Fixed-term employees: eligible after 1 year of service under the contract (regular employees: still 5 years, except death/disablement). 50% wage rule: if excluded allowances (HRA, conveyance etc.) cross 50% of total pay, the excess is added to "wages" — so gratuity can go up. Formula: last-drawn wages × 15/26 × completed years (more than 6 months counts as a full year). Tax: non-government employees get gratuity tax-free up to ₹20 lakh (lifetime); government employees fully exempt. ๐ Eye-opener: your gratuity may be bigger than your HR sheet shows Many salary structures keep basic pay at 30–40% of CTC. Under the Labour Codes, that trick no longer shrinks gratuity. As per the Labour Ministry's FAQs, the last-drawn wages under the new definition apply to your entire...