This table compares the eligibility criteria for gratuity before and after the implementation of the Labour Codes, particularly for fixed-term employees.
This table compares the eligibility criteria for gratuity before and after the implementation of the Labour Codes, particularly for fixed-term employees.
| Eligibility Criteria | Before Labour Codes | After Labour Codes |
|---|---|---|
| Minimum Service (General) | 5 years | 5 years (generally) |
| Minimum Service (Fixed-Term) | 5 years | 1 year |
| Applicability | Establishments with 10+ employees | Establishments with 10+ employees |
💡 Highlighted: Row 2 is particularly important for exam preparation
| Eligibility Criteria | Before Labour Codes | After Labour Codes |
|---|---|---|
| Minimum Service (General) | 5 years | 5 years (generally) |
| Minimum Service (Fixed-Term) | 5 years | 1 year |
| Applicability | Establishments with 10+ employees | Establishments with 10+ employees |
💡 Highlighted: Row 2 is particularly important for exam preparation
Payment of Gratuity Act, 1972: The primary legislation governing gratuity before being subsumed under the new codes.
Eligibility: Generally, an employee must complete at least 5 years of continuous service with an employer to be eligible. This condition is waived in case of death or disablement.
Calculation: Gratuity is calculated based on the last drawn salary and the number of years of service. The formula is typically: (15 days' wages * number of years of service) / 26.
Maximum Limit: There is a statutory maximum limit for gratuity payment, currently ₹20 lakh (for employees covered under the Act).
Tax Exemption: Gratuity received is partially or fully exempt from income tax, subject to certain conditions and limits.
New Labour Codes (Code on Social Security, 2020): This code aims to universalize gratuity, extending its applicability to a wider range of establishments and workers, including contract employees and fixed-term employees.
Contract Employees: The news specifically mentions mandating gratuity for contract employees with a one-year term, significantly expanding its coverage to a previously underserved segment.
Fixed-Term Employees: The new codes also provide for pro-rata gratuity for fixed-term employees even if they don't complete 5 years of service, provided their contract is not renewed.
This table compares the eligibility criteria for gratuity before and after the implementation of the Labour Codes, particularly for fixed-term employees.
| Eligibility Criteria | Before Labour Codes | After Labour Codes |
|---|---|---|
| Minimum Service (General) | 5 years | 5 years (generally) |
| Minimum Service (Fixed-Term) | 5 years | 1 year |
| Applicability | Establishments with 10+ employees | Establishments with 10+ employees |
Payment of Gratuity Act, 1972: The primary legislation governing gratuity before being subsumed under the new codes.
Eligibility: Generally, an employee must complete at least 5 years of continuous service with an employer to be eligible. This condition is waived in case of death or disablement.
Calculation: Gratuity is calculated based on the last drawn salary and the number of years of service. The formula is typically: (15 days' wages * number of years of service) / 26.
Maximum Limit: There is a statutory maximum limit for gratuity payment, currently ₹20 lakh (for employees covered under the Act).
Tax Exemption: Gratuity received is partially or fully exempt from income tax, subject to certain conditions and limits.
New Labour Codes (Code on Social Security, 2020): This code aims to universalize gratuity, extending its applicability to a wider range of establishments and workers, including contract employees and fixed-term employees.
Contract Employees: The news specifically mentions mandating gratuity for contract employees with a one-year term, significantly expanding its coverage to a previously underserved segment.
Fixed-Term Employees: The new codes also provide for pro-rata gratuity for fixed-term employees even if they don't complete 5 years of service, provided their contract is not renewed.
This table compares the eligibility criteria for gratuity before and after the implementation of the Labour Codes, particularly for fixed-term employees.
| Eligibility Criteria | Before Labour Codes | After Labour Codes |
|---|---|---|
| Minimum Service (General) | 5 years | 5 years (generally) |
| Minimum Service (Fixed-Term) | 5 years | 1 year |
| Applicability | Establishments with 10+ employees | Establishments with 10+ employees |