Quote fromroryaustill on October 2, 2025, 10:47 am
Under the Payment of Gratuity Act, 1972 (India), an employee is eligible to receive gratuity only after completing 5 continuous years of service with the same employer. This means that if you resign or leave the company before 5 years, the employer is not legally obligated to pay gratuity.
Using a Gratuity Calculator Before 5 Years
Even if you havenโt completed 5 years, you can still use gratuity calculator to estimate what your gratuity would be if you completed 5 years or more. This is helpful for:
Planning your finances in advance
Comparing job offers
Understanding long-term benefits
Company-Specific Policies
Some private companies may offer gratuity or similar end-of-service benefits even for employees with less than 5 years of service. In such cases, the gratuity calculator can be used to estimate the amount based on company rules, which may differ from the statutory formula.Importance of Continuous Service
The calculation also depends on continuous service. Breaks in employment may affect eligibility. For example:
A gap of resignation and rejoining might reset the 5-year clock
Leaves or sabbaticals usually do not affect it if they are sanctioned
Summary
Before 5 years: Legal gratuity = 0 (statutory)
Using a calculator: Only for estimation, planning, or company-specific benefits
After 5 years: Eligible for statutory gratuity
-
Under the Payment of Gratuity Act, 1972 (India), an employee is eligible to receive gratuity only after completing 5 continuous years of service with the same employer. This means that if you resign or leave the company before 5 years, the employer is not legally obligated to pay gratuity.
-
Using a Gratuity Calculator Before 5 Years
Even if you havenโt completed 5 years, you can still use gratuity calculator to estimate what your gratuity would be if you completed 5 years or more. This is helpful for:-
Planning your finances in advance
-
Comparing job offers
-
Understanding long-term benefits
-
-
Company-Specific Policies
Some private companies may offer gratuity or similar end-of-service benefits even for employees with less than 5 years of service. In such cases, the gratuity calculator can be used to estimate the amount based on company rules, which may differ from the statutory formula. -
Importance of Continuous Service
The calculation also depends on continuous service. Breaks in employment may affect eligibility. For example:-
A gap of resignation and rejoining might reset the 5-year clock
-
Leaves or sabbaticals usually do not affect it if they are sanctioned
-
-
Summary
-
Before 5 years: Legal gratuity = 0 (statutory)
-
Using a calculator: Only for estimation, planning, or company-specific benefits
-
After 5 years: Eligible for statutory gratuity








