How the 15/26 Gratuity Formula Works in India
Under Section 4(2) of the Payment of Gratuity Act 1972, for every completed year of service or part thereof in excess of six months, the employer must pay gratuity at the rate of 15 days' wages based on the last drawn rate of wages for the employee concerned.
Why is the divisor 26 instead of 30?
The Supreme Court of India in Digvijay Woollen Mills v. Mahendra Pratap Buch established that a month consists of 26 working days (excluding 4 Sundays). Hence, one day's wage is calculated by dividing monthly wages by 26, rather than 30.
The 5-Year Eligibility Rule & 240-Day Precedent
Generally, an employee must render continuous service of at least 5 years to qualify for gratuity. However, under Section 2A of the Act, if an employee in a non-seasonal establishment works for at least 240 days in the 5th year (or 190 days in underground mines/six-day week setups), they are deemed to have completed 5 continuous years and are eligible for gratuity.