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Which salary components count for gratuity in 2026?

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Your gratuity is not calculated on every item in your cost-to-company package. Under the wage framework in force from 21 November 2025, the starting point is your last-drawn wages, including basic pay, dearness allowance, and retaining allowance. Some excluded allowances may be added back if the exclusions cross the statutory 50% limit.

What is the short answer?

Basic pay, dearness allowance, and retaining allowance form the core wage base. HRA, bonus, overtime, commission, employer retirement contributions, and certain other payments are initially excluded. However, when the exclusions specified by law exceed 50% of total remuneration calculated under the wage definition, the excess is treated as wages. This is a legal calculation, not simply “50% of CTC.”

How is gratuity calculated for a monthly-rated employee?

For each completed year of service, or a qualifying part beyond six months, gratuity is generally calculated at fifteen days’ wages based on the last-drawn wage. For a monthly-rated employee, the commonly used statutory formula is last-drawn monthly wages multiplied by 15/26 and then by the qualifying years of service.

Illustrative formula: Gratuity = last-drawn monthly wages × 15 ÷ 26 × qualifying years of service.

Eligibility rules come first. The result can differ for fixed-term employment, seasonal establishments, piece-rated work, death, disablement, and any terms that are more favourable than the statutory minimum. Employees should therefore confirm both eligibility and the applicable wage base before relying on an estimate.

Which components are included in wages?

The wage definition starts with all remuneration payable for employment if the terms of employment are fulfilled. It expressly includes three core items: basic pay, dearness allowance, and retaining allowance, if applicable. These components are therefore central when HR or payroll determines the last-drawn wage used for gratuity.

Salary item

Usual treatment for wage test

What to verify

Basic pay

Included

Last-drawn monthly amount and effective date of any revision.

Dearness allowance

Included

Whether the appointment terms or payslip provide DA.

Retaining allowance

Included

Whether it applies to the employee and establishment.

HRA

Initially excluded

Whether exclusions breach the 50% limit, triggering an add-back.

Statutory bonus

Initially excluded

Nature of payment and governing provision.

Overtime allowance

Initially excluded

Whether it is separately identified and actually payable as overtime.

Commission

Initially excluded

Payment terms and effect of the statutory add-back calculation.

Employer PF or pension contribution

Initially excluded

Employer contribution, not employee deduction.

Travel concession or reimbursement

Initially excluded

Whether it is a qualifying concession or expense reimbursement.

Ex gratia or variable payment

Fact-specific

Contract wording, frequency, legal character, and 50% test.

How does the 50% wage rule work?

The 50% rule is an anti-avoidance mechanism inside the statutory wage definition. Add the exclusions listed in the law. If their value exceeds one-half of total remuneration calculated under that definition, the excess is added back to wages. The rule does not automatically rename every allowance as basic pay or require a payslip to show basic pay at exactly 50% of CTC.

This distinction matters because CTC can contain items that are not monthly remuneration payable to the employee, while the statute uses its own inclusions, exclusions, and valuation rules. Payroll should perform the legal wage calculation rather than apply a shortcut to the headline CTC figure.

Can an example show the add-back?

Assume an illustrative monthly remuneration figure of ₹1,00,000 for the statutory wage test. Basic pay is ₹35,000. Specified excluded components total ₹65,000. Half of the remuneration is ₹50,000, so the exclusions exceed that threshold by ₹15,000. That ₹15,000 is added back, producing wages of ₹50,000 for this illustration.

Step

Illustrative amount

Total remuneration for the statutory test

₹1,00,000

Core included wage

₹35,000

Specified exclusions

₹65,000

50% threshold

₹50,000

Excess exclusions added back

₹15,000

Illustrative wages after add-back

₹50,000



This is an educational example, not a payroll determination. Actual treatment depends on the employee’s terms, the character of each payment, applicable rules, and any official clarification.

Does HRA or special allowance reduce gratuity?

HRA is listed among the initial exclusions, but it still enters the 50% test. A label such as “special allowance” does not settle the question by itself. Payroll must determine what the payment represents, whether it falls within a statutory exclusion and whether the combined exclusions trigger an add-back. Substance and documentation matter more than the pay slip label.

Do bonuses, incentives, and commissions count?

The law excludes specified bonus and commission payments at the first stage, and overtime is also excluded. A one-time joining or retention payment will not automatically increase the gratuity base merely because it appears on a payslip. Recurring variables pay still requires classification under the employment terms and the statutory wage test, including the 50% add-back where applicable.

Avoid assuming that “monthly” always means included or that “annual” always means excluded. Ask payroll to identify the relevant clause in the wage definition and show the computation used.

Why does your last salary revision matter?

The gratuity formula ordinarily uses last-drawn wages. A genuine salary revision effective before employment ends can therefore affect the wage base used across the qualifying service period. The precise result depends on the effective date, payroll records and the statutory treatment of each component. Do not alter a resignation decision solely on an online estimate.

How can you check your employer’s gratuity calculation?

Start with the documents that define your pay and service. A clear reconciliation is more useful than comparing only the gratuity provision shown in CTC with the final amount payable.

  1. Confirm whether the establishment and your employment category are covered by the applicable gratuity provisions.
  2. Check your joining date, last working date, breaks in service, and qualifying completed years.
  3. Collect the latest appointment letter, salary revision letter, and final pay slip.
  4. Identify basic pay, DA and retaining allowance, then list every statutory exclusion separately.
  5. Ask payroll to show the total-remuneration figure, the 50% threshold, and any excess exclusion added back.
  6. Apply the statutory formula only after confirming the last-drawn wage and qualifying service.
  7. Separate the gross gratuity calculation from any tax treatment or deduction.
  8. If there is a material disagreement, seek written clarification from HR and independent legal or tax advice where required.

How does gratuity fit into retirement planning?

Gratuity can form one part of a retirement corpus, but the final amount depends on service tenure and last-drawn wages. ABSLI provides Life and Retirement Insurance information and solutions. Any Insurance product should be evaluated separately for suitability, benefits, exclusions, costs, terms, and applicable product documents.

What should you remember?

Read the pay slip through the statutory wage definition. Basic pay, DA, and retaining allowance are the core inclusions; specified exclusions are tested against the 50% ceiling, any excess is added back. Then combine the verified last-drawn wage with qualifying service. If the numbers do not reconcile, request the employer’s calculation in writing.

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Frequently asked questions

Neither label is automatically the legal base. Gratuity is calculated using last-drawn wages as defined by law. CTC and gross salary may contain included, excluded, and non-cash items, so the statutory wage test must be performed component by component.

HRA is initially excluded under the wage definition. It can still affect the result because specified exclusions above 50% of total remuneration are added back to wages to the extent of excess.

The absence of DA does not remove the need for the wage test. Basic pay and any other included remuneration are considered, the statutory exclusions are identified, and the 50% add-back is applied where required.

Not automatically. The answer depends on the legal character of the payment, the employment terms and the wage-definition calculation. A one-time label alone is not enough to treat the amount as part of last-drawn wages.

The employer’s contribution to a pension or provident fund is initially excluded from wages. It is part of the exclusions considered for the statutory 50% test.

Yes. Statutory gratuity sets minimum rights and does not prevent an employee from receiving better terms under an award, agreement or employment contract.

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References

[1] Government of India, Code on Wages, 2019, section 2(y), definition of wages, including the proviso governing exclusions above 50% of remuneration. Verify against the latest official text and rules before publication: https://www.indiacode.nic.in/

[2] Government of India, Code on Social Security, 2020, gratuity provisions, including section 53 and applicable commencement notifications. Verify against the latest official text and rules before publication: https://www.indiacode.nic.in/

[3] Ministry of Labour and Employment, Government of India, labour-code implementation material and notifications: https://labour.gov.in/

[4] Government implementation announcement reported on 21 November 2025: https://www.reuters.com/business/world-at-work/indias-new-labour-codes-what-they-mean-workers-businesses-2025-11-21/

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This article is for information and awareness only. It is not legal, tax, financial, investment or employment advice and does not form part of an offer or recommendation. Labour-law application can depend on employment category, establishment, state rules, contract terms, notifications and facts. Readers should obtain professional advice for their circumstances.

Tax benefits and tax treatment are subject to prevailing tax laws and may change. With effect from 1 April 2026, the provisions of the Income Tax Act, 2025 and corresponding rules, as amended from time to time, apply. Interpretations may differ. Please consult a qualified tax professional.

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