LawLabour Lawbasic

Gratuity

/ɡrəˈtjuːɪti/

Labour Law Term

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Definition

A statutory lump sum payable by an employer to an employee as a reward for long service, paid on retirement, resignation, death, or disablement. Governed by the Payment of Gratuity Act, 1972. Minimum 5 years of continuous service required (waived for death or disablement). Formula: 15 days' wages (last drawn) per year of service. Maximum: Rs. 20 lakh (revised 2018).

Etymology

Legal term with origins in Latin, Anglo-French, or Old English legal tradition, later codified in Indian law.

Examples

An employee with 20 years of service drawing Rs. 60,000/month receives gratuity of approximately (60,000/26) × 15 × 20 = Rs. 6.92 lakh.
An employee who dies after only 2 years of service is still entitled to gratuity — the 5-year minimum is waived in death and total disablement cases.

Case Study

In Birla Institute of Technology v. State of Jharkhand (2019), the Supreme Court held that teachers in private educational institutions are entitled to gratuity under the Payment of Gratuity Act — a significant expansion of the Act's coverage.

Key Cases

Birla Institute of Technology v. State of Jharkhand

2019

(2019) 4 SCC 513

Extended Payment of Gratuity Act coverage to teachers in private educational institutions with 10 or more employees. Significant expansion of gratuity rights in the education sector.

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Also Known As

terminal benefit

Synonyms

terminal benefitlong service paymentretirement benefit

Antonyms / Opposites

forfeiture of gratuity

Related Terms

Payment of Gratuity Act 1972provident fundretirement benefitscontinuous serviceworkman

Dictionary Entry

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