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Section 53 of the Code on Social Security, 2020: Payment of Gratuity

Gratuity is payable on termination after continuous service of not less than five years, on superannuation, retirement or resignation, death or disablement, expiry of a fixed-term...

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Labour Laws
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September 30, 2026
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Last updated: September 2026Verified against: Government sources

Section 53 is the core of Chapter V. It says when gratuity is payable, after how many years, how it is calculated, who receives it if the employee dies, when it can be forfeited, and what happens for fixed-term, seasonal, piece-rated and journalist employees.

When gratuity becomes payable

Section 53(1) says gratuity is payable on termination of employment after continuous service of not less than five years, in these cases:

ClauseEvent
(a)Superannuation
(b)Retirement or resignation
(c)Death or disablement due to accident or disease
(d)Termination of the contract period under fixed term employment
(e)Any event notified by the Central Government

Three provisos adjust the rule:

  1. For a working journalist (as defined in the Working Journalists Act, 1955), "five years" is deemed three years.
  2. The five-year requirement does not apply where termination is due to death, disablement, expiration of fixed term employment or a notified event.
  3. On death, gratuity is paid to the nominee, or if none, to the heirs; a minor's share is deposited with the competent authority notified by the appropriate Government, who invests it for the minor until majority.

Rule 31 of the Central Rules, 2026 says the competent authority invests a minor nominee's or heir's gratuity in a term deposit with the State Bank of India or any nationalised bank. Our article on sections 57 and 58 covers the competent authority.

Explanation 2 defines "disablement" as disablement that incapacitates an employee for the work he was capable of performing before the accident or disease. Explanation 1 excludes from "employee" a person holding a post under the Central or a State Government who is governed by another Act or rules providing gratuity.

For employers, getting this trigger list right is a matter for a periodic payroll compliance audit.

Fixed-term employees

The Code adds fixed-term expiry as a payment event and waives the five-year minimum. Rule 33(1) proviso of the Central Rules says an employee on fixed-term employment shall be eligible if he renders service under the contract for at least one year, and a further period of more than six months but less than one year is rounded off to one additional year. The pro rata rule in s.53(2) (fourth proviso) says gratuity for fixed-term and deceased employees is paid on a pro rata basis. Read these together with our existing post on gratuity for fixed-term contract employees and our article on the definition of fixed-term employment.

How much: s.53(2) to (4)

CaseRule
GeneralFor every completed year of service or part in excess of six months, fifteen days' wages (or such number of days as the Central Government notifies), based on the rate of wages last drawn
Monthly-rated employeeFifteen days' wages = monthly wages last drawn divided by twenty-six, multiplied by fifteen (Explanation 3)
Piece-rated employeeDaily wages = average of total wages received for the three months before termination; overtime wages excluded
Seasonal establishment (not employed all year)Seven days' wages for each season
Fixed-term or deceased employeePro rata
Disabled employee on reduced wagesWages before disablement are as received before; wages after are the reduced wages (s.53(4))
CeilingNot more than the amount the Central Government notifies (s.53(3)); the Code prints no figure

Section 53(5) protects better terms: nothing in the section affects an employee's right to better terms of gratuity under an award, agreement or contract.

Example

An employee resigns after 8 years and 7 months of continuous service, with last drawn monthly wages of 52,000 rupees (illustrative). Service counts as 9 years, because the part year exceeds six months. Fifteen days' wages = 52,000 ÷ 26 × 15 = 30,000 rupees. Gratuity = 30,000 × 9 = 270,000 rupees, subject to the notified ceiling. A deceased employee with 3 years of service gets gratuity without the five-year rule, pro rata as s.53(2) says. See also gratuity calculation, 15 days per year and, for the "wages" definition that feeds the calculation, our article on wages under section 2.

Forfeiture: s.53(6)

Despite sub-section (1):

  • (a) Gratuity of an employee whose services were terminated for an act, wilful omission or negligence causing damage or loss to, or destruction of, employer's property is forfeited to the extent of the damage or loss.
  • (b) Gratuity may be wholly or partially forfeited if services were terminated (i) for riotous or disorderly conduct or other act of violence, or (ii) for an act that is an offence involving moral turpitude, committed in the course of employment.

Note the difference: clause (a) is forfeiture "to the extent" of the loss; clause (b) "may" be forfeited in whole or part. Forfeiture follows termination for these acts. See our post on forfeiture of gratuity for the older law discussion, read as background only.

Tax and procedure

For the tax treatment, see our income-tax guide on gratuity taxation under the Income Tax Act, 2025. For nomination and payment procedure, see sections 55 and 56. The Central Rules apply where the Central Government is the appropriate Government; where the State Government is, its own rules apply.

Need help with gratuity compliance?

Gratuity liability builds quietly over years and surfaces at exit. If you would like your policy, provisioning and exit calculations checked against section 53, our payroll compliance audit can help.

Key takeaways

  • Gratuity is payable on superannuation, retirement or resignation, death or disablement, fixed-term expiry or a notified event.
  • Five years of continuous service is needed, except for death, disablement, fixed-term expiry and notified events; three years for working journalists.
  • Formula: 15 days' wages per completed year or part over six months; monthly wages ÷ 26 × 15.
  • Seasonal: seven days per season; piece-rated: three-month average; fixed-term and deceased: pro rata.
  • The ceiling and any change to the 15 days are notified; the Code states no amount.

Read next

Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Section 53

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

After how many years is gratuity payable?

After continuous service of not less than five years (s.53(1)), except for death, disablement, fixed-term expiry and notified events.

Is gratuity payable to a fixed-term employee?

Yes, on expiry of the contract period, without the five-year minimum. Rule 33(1) requires at least one year of service under the contract, with rounding for a further period over six months.

Section 53: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

After continuous service of not less than five years (s.53(1)), except for death, disablement, fixed-term expiry and notified events.

Yes, on expiry of the contract period, without the five-year minimum. Rule 33(1) requires at least one year of service under the contract, with rounding for a further period over six months.

Fifteen days' wages are monthly wages last drawn divided by twenty-six and multiplied by fifteen (Explanation 3), for each completed year or part over six months.

Section 53(3) says the amount shall not exceed what the Central Government notifies. The Code states no figure.

Yes, under s.53(6): to the extent of damage or loss to employer's property, or wholly or partially for riotous or disorderly conduct, violence or an offence involving moral turpitude in the course of employment, where the termination was for that act.

The nominee, or if none, the heirs; a minor's share is deposited with the competent authority and invested (s.53(1), third proviso; rule 31).