Page Contents
The landmark High Court ruling on gratuity rules is a major progressive step in labor welfare and offers enhanced protection and benefits for a wider section of the workforce in India. In a groundbreaking decision, the High Court has significantly revised gratuity rules, bringing major benefits to employees across India
Reduced Eligibility Period : Gratuity eligibility now after 3 years of continuous service (earlier 5 years).
Increased Maximum Limit : Gratuity ceiling raised to ₹30 lakh (up from ₹20 lakh).
Wider Applicability : Contractual and gig workers now covered after meeting qualifying conditions.
Faster Disbursal Timeline : Payment must be made within 30 days of becoming due (earlier 60 days).
Stricter Penalties : Penalty increased to ₹50,000 + ₹1,000 per day for delays.
Mandatory Interest : Delays beyond 30 days attract mandatory interest.
Digitization of Claims : Digital submissions of claims and reduced paperwork encouraged.
To qualify under the new gratuity norms:
At least 3 years of continuous service.
Working in an establishment covered under the Payment of Gratuity Act.
Cessation due to resignation, termination, retirement, death, or disability.
For contract/gig workers: verified work records and documentation required.
This High Court has recently passed a transformative judgment revising India’s gratuity framework to make it more inclusive, prompt, and employee-friendly. The new rules will significantly enhance financial security for workers, especially those in contract and gig roles. key summary are mention here under :
| Criteria | Old Rules | New Rules |
|---|---|---|
| Minimum Service | 5 years | 3 years |
| Max. Gratuity Limit | ₹20 lakh | ₹30 lakh |
| Coverage | Only regular employees | Regular + Contract + Gig workers |
| Eligibility for Gig/Contract Workers | Not eligible | Eligible after 1 year |
| Payment Timeline | 60 days | 30 days |
| Penalties for Delay | ₹10,000 + ₹500/day | ₹50,000 + ₹1,000/day |
| Calculation Basis | Basic pay only | Includes special pay, incentives, allowances |
Wider coverage: Includes informal, gig, and contract workers—a long-standing demand in labor reforms.
Higher benefit ceiling: ₹30 lakh limit is aligned with inflation and rising salaries.
Quicker payouts: 30-day payment window increases liquidity for separating employees.
Stricter penalties: Ensures employers comply promptly or face harsher fines.
Legal recognition: Reinforces that gratuity is a statutory right, not discretionary.
All employers must now ensure full compliance with the updated rules:
Revise HR & payroll policies to reflect new eligibility and payment timelines.
Train HR personnel on digital claim handling.
Update contracts to include gratuity clauses for gig/contract staff.
Set up mechanisms to ensure timely disbursement and interest calculation.
Types of GST Notices GST notices are official communications from GST authorities in India, issued for reasons like discrepancies in… Read More
NRI Tax on Remittances from India (2025 Guide): Rules, TDS, Forms & Smart Tax Planning Millions of Non-Resident Indians remit… Read More
Capital Gain on Sale of Agricultural Land : Section 54B Section 54B offers exemption from capital gains tax when an… Read More
NRI remittance taxation & compliance rules for 2025 Taxability of Remittances: Money sent to India by a non-resident Indian is not… Read More
FAQs related with Liberalised Remittance Scheme (USD 2,50,000 per FY) Q1. What is the Liberalised Remittance Scheme of USD 2,50,000?… Read More
Legal Framework Related to Acquisition & Transfer of Immovable Property in India Acquisition & Transfer of Immovable Property in India… Read More