Perceive the brand new gratuity guidelines below the Social Safety Code 2020. Examine outdated vs new guidelines with eligibility, wage adjustments and PIB replace dated 21 Feb 2025.
The Central Authorities has as soon as once more introduced consideration to the long-awaited Labour Codes by publishing a brand new Press Info Bureau (PIB) launch on 21 November 2025 (PIB Launch ID: ADJ 2192524). This press be aware confirms that the 4 main Labour Codes, together with the Code on Social Safety, 2020are prepared for implementation and can come into drive as soon as the Authorities notifies the date.
Among the many numerous provisions, a very powerful and extensively mentioned change pertains to Gratuity—a retirement or exit profit that each salaried worker in India seems to be ahead to.
On this article, I’ll stroll you thru:
- How gratuity works below the present (outdated) regulation
- What’s going to change below the brand new regulation
- Why fixed-term workers get a significant profit
- How the brand new “50% wage rule” will increase gratuity
- Comparability of outdated vs new guidelines
- A sensible instance
- Official authorities supply
This can be a easy, easy, and easy-to-understand clarification aimed toward serving to workers, HR professionals, and monetary planners.
Outdated vs New Gratuity Guidelines Beneath the Social Safety Code 2020
1. What’s Gratuity?
Gratuity is a lump-sum profit paid by an employer to an worker as a token of appreciation for long-term service. It’s payable:
- On resignation
- On retirement
- On termination
- Or to the nominee in case of loss of life or incapacity
The gratuity system is ruled TODAY by the Cost of Gratuity Act, 1972and within the FUTURE by the Code on Social Safety, 2020as soon as notified.
2. Outdated Gratuity Regulation: Cost of Gratuity Act, 1972 (Present System)
The current gratuity system continues till the Authorities notifies the brand new Code. Right here is how the outdated regulation works.
2.1 Eligibility
An worker turns into eligible for gratuity solely after finishing 5 years of steady service.
The exceptions are:
In such circumstances, the 5-year rule doesn’t apply.
This rule applies to:
- Everlasting workers
- Non permanent workers
- Contract workers (if below employer supervision and management)
There isn’t any particular concession for fixed-term workers within the outdated system.
2.2 Wage Definition (Outdated Regulation)
Gratuity is calculated solely on Fundamental Wage + Dearness Allowance (DA).
This enables firms to maintain the Fundamental wage low (25–40%) and distribute the remaining CTC as allowances (HRA, particular allowance, bonus, and many others.), which reduces gratuity payouts.
2.3 Components Beneath Outdated Regulation
The statutory system for gratuity is:
Gratuity = (Fundamental + DA) × 15/26 × Variety of Accomplished Years
The place:
- 15 = 15 days’ wages
- 26 = variety of working days in a month
This system has remained the identical for many years.
Discuss with the whole particulars about this outdated regulation on Gratuity at “Gratuity – New Restrict, Eligibility, Components, Taxation and Calculator“.
3. New Gratuity Regulation Beneath the Code on Social Safety, 2020 (But to Be Carried out)
As per the PIB Press Launch (PRID 2192524, dated 21 November 2025)the provisions of the Social Safety Code, together with gratuity guidelines, are finalized and prepared for implementation.
Let’s perceive what adjustments as soon as the brand new regulation is notified.
3.1 The Gratuity Components: No Change
The system stays precisely the identical:
Gratuity = Wages × 15/26 × Years of Service
Nonetheless…
The definition of “Wages” adjustments drastically — and that is the sport changer.
3.2 New Definition: Wages Should Be 50% of Complete Wage
Beneath the up to date “Wages Definition” (widespread to all labour codes):
- Wages = (Fundamental + DA + Retaining Allowance)
- All allowances mixed can’t exceed 50% of complete wage (CTC).
- If allowances are greater than 50%, the surplus is added again to wages.
This implies:
- Firms will likely be pressured to maintain Fundamental at minimal 50% of CTC
- This can naturally improve the gratuity quantity
This is among the greatest monetary impacts of the brand new labour codes.
3.3 Mounted-Time period Workers Get a Main Profit
For the primary time in Indian labour regulation, the brand new Code introduces a particular profit:
Mounted-term workers change into eligible for gratuity after finishing simply 1 12 months of service.
This was not obtainable below the outdated regulation.
Why that is necessary?
Earlier:
- A hard and fast-term worker working 2–3 years (on repeated 1-year contracts) acquired no gratuityuntil they accomplished 5 years.
Now:
- If the contract is 1 12 months or extragratuity turns into payable.
This can be a large profit for workers in:
- IT sector
- Startups
- Manufacturing
- Gig and project-based industries
- EdTech
- Telecom
- Brief-duration talent contracts
Common workers, nonetheless, will proceed to comply with the 5-year rule.
4. Outdated vs New: Aspect-by-Aspect Comparability
| Characteristic | Outdated Regulation (1972) | New Regulation (2020 Code) |
| Components | Identical | Identical |
| Wage definition | Fundamental + YES | Fundamental + DA should be 50% of complete CTC |
| Eligibility (Common workers) | 5 years | 5 years |
| Eligibility (Mounted-term workers) | No particular provision | Gratuity after 1 12 months |
| Influence on payout | Decrease | Greater because of wider wage definition |
| Wage structuring flexibility | Excessive | Restricted to guard workers |
| Allowances cap | Not relevant | Allowances capped at 50% of CTC |
5. Instance: Outdated vs New Gratuity Calculation
Let’s assume an worker incomes a CTC of Rs.10,00,000 per 12 monthshaving accomplished 10 years of service.
Outdated Regulation State of affairs
- Fundamental = 35% of CTC = Rs.3,50,000
- Month-to-month Fundamental = Rs.29,167
Outdated gratuity:
= 29,167 × 15/26 × 10 = Rs.1,68,101
New Regulation State of affairs (Necessary 50% Wage Rule)
- Fundamental = 50% of CTC = Rs.5,00,000
- Month-to-month Fundamental = Rs.41,667
New gratuity:
= 41,667 × 15/26 × 10 = Rs.2,40,396
Improve: ~43%
This instance clearly exhibits why the brand new regulation considerably will increase gratuity advantages.
6. Sensible Influence on Workers
6.1 Workers Profit the Most
- Greater gratuity because of larger wage definition
- Mounted-term staff get lined
- Wage structuring turns into extra employee-friendly
- Extra transparency and uniformity in compensation
6.2 Employers See Greater Prices
Firms could have to:
- Restructure wage elements
- Improve Fundamental wage
- Bear larger gratuity outflows
- Regulate payroll and HR insurance policies
That is one purpose the implementation has been delayed.
7. Official Supply: PIB Affirmation
The main points talked about above are immediately based mostly on the Authorities of India’s official press launch:
Press Info Bureau (PIB)
Launch ID: ADJ 2192524
Date: 21 November 2025
Title: “Labour Codes Prepared for Implementation”
Hyperlink: PIB Notification.
The PIB launch confirms:
- Social Safety Code, 2020 is last
- Provisions associated to gratuity, wage definition, fixed-term workers are in place
- Implementation will comply with notification by the Central Authorities
This makes the data totally legitimate and dependable.
8. Closing Ideas
The gratuity reforms below the Social Safety Code, 2020 are a few of the most employee-friendly adjustments lately. The 2 greatest advantages are:
1. Necessary 50% wage definition – Greater gratuity payouts
2. One-year eligibility for fixed-term workers – Expanded protection
Whereas the system stays the identical, the bottom (wages) turns into wider and stronger.
As we anticipate the federal government to formally notify the implementation date, this PIB launch assures us that the brand new gratuity guidelines will definitely come. Workers ought to perceive these adjustments, and employers ought to put together for the monetary affect.
When applied, these adjustments will deliver extra uniformity, equity, and predictability to worker compensation in India.
