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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.
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