The payment of a gratuity to employees upon cessation of service is a statutory obligation imposed on employers by the Payment of Gratuity Act, 1972. In terms of the Act, gratuity is payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years (a) on his superannuation or (b) on his retirement or resignation or (c) on his death or disablement due to accident or disease (completion of 5 years is not, however, necessary for payment of gratuity in case of death or disablement). The gratuity is to be calculated at the rate of 25/26th of a month’s wages for every completed year of service or part thereof in excess of six months, subject to a maximum of Rs.3,50,000/-. However, if the employees of any establishment are in enjoyment of gratuity calculated at higher rate such higher rates would apply in their case.
Superannuation is an employee's voluntry contribution and 15% of his basic salary will be deducted for the same. When ever he leaves the particular organization, he can withdraw the amount.