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Kindly guide me on the Gratuity payment.
Is it good to pay gratuity by :
1)employer self or thru
2)Insurance provider?
And what are benefits/loss of each option.
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Legal position
Every Employer shall obtain an insurance, for his liability towards payment of gratutity under section 4A of payment of Gratutity Act 1972, form LIC or other prescribed insurance company.
Section 4A is given below in details.
4A. COMPULSORY INSURANCE.

(1) With effect from such
date as may be notified by the appropriate Government in this behalf, every
employer, other than an employer or an establishment belonging to, or under the
control of, the Central Government or a State Government, shall, subject to the
provisions of sub-section (2), obtain an insurance in the manner prescribed,
for his liability for payment towards the gratuity under this Act, from the
Life Insurance Corporation of India established under the Life Insurance
Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer :
Provided that different dates may be appointed for different establishments or
class of establishments or for different areas.
(2) The appropriate
Government may, subject to such conditions as may be prescribed, exempt every
employer who had already established an approved gratuity fund in respect of
his employees and who desires to continue such arrangement, and every employer
employing five hundred or more persons who establishes an approved gratuity
fund in the manner prescribed from the provisions of sub-section (1).
(3) For the purpose of
effectively implementing the provisions of this section, every employer shall
within such time as may be prescribed get his establishment registered with the
controlling authority in the prescribed manner and no employer shall be
registered under the provisions of this section unless he has taken an
insurance referred to in sub-section (1) or has established an approved
gratuity fund referred to in sub-section (2).
Every employer knows he has to pay gratuity.It is a known financial liability and it is wise to make adequate insurance provision for it.
Employer pays the annual premium and need not then worry about gratuity bulk payment.
He has tax benefits in form of business expense.
Premiums paid become business expense.
Having a group gratuity policy is legally needed and also gives employees a sense of happiness as they know gratuity will be paid without delays.
Dear Nathrao ji,
I would like to draw your kind attention that though there is an amendment of 1987 Section 4A on compulsory insurance / setting of gratuity fund, till date this section is not brought into force so far in Maharashtra. It is not brought into force so in other States also to my knowledge. However, I remember reading some where the notification by AP Govt. of implementing this provision.
Dear KeshavJi,
Thanks for the clarification.
I also have not specifically mentioned that every state or any particular state has made it mandatory to take insurance.
It is legally a must where appropriate govt notifies it.
Dear Gaurav ji,
To the point answer to your questions is:
It is always better to go for Gratuity Insurance Policy rather than paying gratuity from own pocket or created find.
Following are reasons in support of this:
1. Paying gratuity from own pocket is very difficult at times. Therefore it is advisable to go for creating gratuity fund or go for Gratuity Insurance Policy.
2. You pay premium to Insurance company towards this policy which is affordable.
2. The premium is worked out by actuarials who are professional. Their fees are high. When you go for insurance policy, insurance company takes care of actuarials fee. When you go for creating fund, paying fee to actuarials is your headache.
3. When you go for insurance policy, IT approval is obtained by the insurance company whereas, when you go for creating fund, it is your headache.
4. On the premium amount paid by you to insurance company, you get good interest. Also the amount of premium paid is considered as business expenditure.
5. When you pay extra premium which is very nominal towards life cover i.e. full service cover of employees, the family of employees who die during service tenure are entitled for good amount of gratuity.
6. Your admin cost is nil in case you take policy. Admin cost of fund so created is very high.
Every business must concentrate on core activity.Running own gratuity fund is a professional job and expensive.
Best is go for insurance schemes after comparing rates ,benefits and flexibility
In my view, for smaller groups or newly set up companies it is not cost effective to set up a gratuity insurance policy till the actuarial liability has reached a point where it makes sense to outsource. To set up an insurance policy you also need to first set up a trust which brings with it trust related obligations as well. In addition most private insurers and to some extent LIC discriminate against small funds in the set up costs and returns. I dont blame them as for a fund size of INR 20 lacs for eg they make about 1% - 2% as fund management costs. But in the long run and for fast growing firms its certaunly the best and right thing to do.
Dear Ashley Dsilva ji,
Thanks for your contribution in this discussion. This is your first one ever since you became a member of this forum in 2009.
In my post# 5 above I have given advantages of having gratuity policy.
In your view, for smaller groups or newly set up companies it is not cost effective to go for gratuity policy. But from my experience I can tell you that this is wrong assumption. The premium paid for this policy is much lesser than your your liability when arise. If you decide to take policy in later year to come, you will find the premium more and not affordable that time. Formation of trust and it's approval is taken care by the insurance company.
I will agree with you to some extend that for smaller size of policy the insurance company or the agent is not much interested. But you being insured must have more interest in it.
Dear Sir/Madam,
I hope the below article may help you in understanding the requirement of Accounting and Funding for Gratuity Benefits.
1. An Overview Gratuity Benefits
Gratuity benefits are governed by "The Payment of Gratuity Act 1972" and paid by the Company to an employee in addition to his salary on exit from the company. Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of 5 years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
2. Calculation of Gratuity Benefits
Gratuity is a statutory right of employee whoever completes 5 years in the same organization and is a terminal benefit. It means, Gratuity amount will be determined when monthly terminal wages of the employee are known to the company. The terminal wages will include Basic & Dearness allowance only. The Gratuity Benefits are calculated using the following formula:-
(15/26) multiplied by (No of Completed Years on Exit) multiplied by (Terminal Wages)
3. Factors affecting Quantum of Gratuity Benefits
Gratuity Benefits changes with the change in the following:-
(a) Past Service of Employee in the Company,
(b) Increase in wages of Employee in the Company,
(c) Change in Benefit Formulae of the Gratuity Benefit due to the amendment in the Act,
(d) Change in Ceiling Limit on Gratuity Benefits due to the amendment in the Act,
(e) Change in Vesting Condition for eligibility of Gratuity Benefits due to the amendment in the Act,
The impact of the above Factors on Gratuity Benefits can be understood by the following Examples :

(a) Change Past Service of Employee in the Company.
Mr. A Joins the Company with a Basic Pay of Rs. 2,60,000/- per month and there is no change in basic salary, only his Past Service Change then Gratuity Payments for the next 5 years will be:-
On Completion of 1 Yr - (15/26)* 2,60,000*1 = 1,50,000/-
On Completion of 2 Yrs - (15/26)*2,60,000*2 = 3,00,000/-
On Completion of 3 Yrs - (15/26)*2,60,000*3 = 4,50,000/-
On Completion of 4 Yrs - (15/26)*2,60,000*4 = 6,00,000/-
On Completion of 5 Yrs - (15/26)*2,60,000*5 = 7,50,000/-
The above amounts are subject to Ceiling Limits on Gratuity Benefits applicable.
(b) Increase in wages of Employee in the Company.
Mr. A Joins the Company with a Basic Pay of Rs. 2,60,000/- per month and there is the change in wages@10%, then Gratuity Payments for the next 5 years will be:-
On Completion of 1 Yr - (15/26)* 2,86,000*1 = 1,65,000/-
On Completion of 2 Yrs - (15/26)*3,14,600*2 = 3,63,000/-
On Completion of 3 Yrs - (15/26)*3,46,060*3 = 5,98,950/-
On Completion of 4 Yrs - (15/26)*3,80,670*4 = 8,78,460/-
On Completion of 5 Yrs - (15/26)*4,18,730*5 = 12,00,788/-
The above amounts are subject to Ceiling Limits on Gratuity Benefits applicable.
(c) Change in Benefit Formulae of the Gratuity Benefit due to the amendment in the Act.
Mr. A Joins the Company with a Basic Pay of Rs. 2,60,000/- per month, His increment in wages@10%, and due to changes in the Gratuity Factor as 1/1 from 15/26 then Gratuity Payments for next 5 years will be:-

On Completion of 1 Yr - (1/1)*2,86,000*1 = 2,86,000/-
On Completion of 2 Yrs - (1/1)*3,14,600*2 = 6,29,200/-
On Completion of 3 Yrs - (1/1)*3,46,060*3 = 10,38,180/-
On Completion of 4 Yrs - (1/1)*3,80,670*4 = 15,22,660/-
On Completion of 5 Yrs - (1/1)*4,18,730 *5 = 20,93,660/-
The above amounts are subject to Ceiling Limits on Gratuity Benefits applicable.
(d) Change in Ceiling Limit on Gratuity Benefits due to the amendment in the Act.
Mr. A Joins the Company with a Basic Pay of Rs. 5,00,000/- per month, His increment in wages@10%, and due to changes in Ceiling Limit from 10 Lakhs to 20 Lakhs then Gratuity Payments for the next 5 years will be:-

Case 1 - When Gratuity Ceiling is 10,00,000/-
On Completion of 1 Yr - (15/26)* 5,50,000*1 = 3,17,308/-
On Completion of 2 Yrs - (15/26)*6,05,000*2 = 6,98,077/-
On Completion of 3 Yrs - (15/26)*6,65,500*3 = 11,51,827/- Company liable to pay 10,00,000/-
On Completion of 4 Yrs - (15/26)*7,32,050*4 = 16,89,346/- Company liable to pay 10,00,000/-
On Completion of 5 Yrs - (15/26)*8,05,255*5 = 23,22,851/- Company liable to pay 10,00,000/-
Case 2 - When Gratuity Ceiling is 20,00,000/-
On Completion of 1 Yr - (15/26)* 5,50,000*1 = 3,17,308/-
On Completion of 2 Yrs - (15/26)*6,05,000*2 = 6,98,077/-
On Completion of 3 Yrs - (15/26)*6,65,500*3 = 11,51,827/-
On Completion of 4 Yrs - (15/26)*7,32,050*4 = 16,89,346/-
On Completion of 5 Yrs - (15/26)*8,05,255*5 = 23,22,851/- Company liable to pay 20,00,000/-
Case 3 - When Gratuity Ceiling is 30,00,000/-
On Completion of 1 Yr - (15/26)* 5,50,000*1 = 3,17,308/-
On Completion of 2 Yrs - (15/26)*6,05,000*2 = 6,98,077/-
On Completion of 3 Yrs - (15/26)*6,65,500*3 = 11,51,827/-
On Completion of 4 Yrs - (15/26)*7,32,050*4 = 16,89,346/-
On Completion of 5 Yrs - (15/26)*8,05,255*5 = 23,22,851/-
(e) Change in Vesting Condition for eligibility of Gratuity Benefits due to the amendment in the Act.
In the above examples for (a) to (d), If an employee leaves the company before completion of 5 years then "Nil" gratuity benefit is payable in the following events :
(a) on his superannuation, or
(b) on his retirement or resignation.
Case 1 - When Vesting Condition for eligibility is 3 years, Company will be liable to pay gratuity benefit on completion of 3 years in event of his superannuation, on his retirement or resignation.
Case 2 - When Vesting Condition for eligibility is 2 years, Company will be liable to pay gratuity benefit on completion of 2 years in event of his superannuation, on his retirement or resignation.
Case 3 - When Vesting Condition for eligibility is 1 year, Company will be liable to pay gratuity benefit on completion of 1 year in event of his superannuation, on his retirement or resignation.
Gratuity Benefits are long term benefits and are subject to the above changes, so it becomes mandatory for Companies to make proper Accounting/Funding arrangement for Gratuity Benefits.
4. Provisions for Employer under Payment of Gratuity Act 1972 (Amended)
Section 7 of the Act has kept the obligation for payment of gratuity act on the shoulders of the employer, few provisions of this section act are listed below:-
i. As soon as Gratuity becomes payable, it employers responsibility to determine the amount of gratuity and inform it to an employee in writing (Refer subsection 2 of Section 7 of the Act).
ii. The employer shall arrange to pay the amount of gratuity within 30 days from the date when it becomes mandatory. (Refer Sub-section 3 of Section 7 of the Act).
iii. If the amount of gratuity is not paid within 30 days then the amount of gratuity and simple interest will be paid by the employer to the employee for the duration when the payment is not made to the employee. (Refer Sub-section 4 of Section 7 of the Act).
5. Accounting/Funding Options for Gratuity Benefits
Gratuity Liability increase exponentially with the increase in wages of employee and service period of the employee. Also, it is employers responsibility to pay the gratuity to the employee in any case. Companies have generally 2 options for discharging the Gratuity Liability: -
1. Pay as go options – In this option, the Companies makes provision of Gratuity Liability by taking an Actuarial Valuation Report/Certificate from Actuary to Comply with the requirements of following Accounting Standards issued by the Regulators :-
a. AS 15 (Revised 2005)
b. IndAS 19
c. IAS 19 (Revised 2011)-IFRS
In Indian context, Companies falls in following three categories based on the basis of compliance criteria mentioned in Accounting Standards :-
(i) SME - In this case, company needs to disclose details as required for Clause (l) of Para 120 of AS 15 (Revised 2005)
(ii) Non - SME - In this case, company needs to disclose details as required for Para 120 of AS 15 (Revised 2005)
(iii) Companies with Net-worth more 250 cr. - In this case, companies and their subsidiaries has to give disclosure of in compliance of IndAS 19 with comparative numbers of previous 2 years.
2. Funding Option –In this option, Management of Company make decision based on the Gratuity Liability Computed and Certified by An Actuary to creates an Irrevocable Trust. There are 2 major benefits to the company by creating an Irrevocable Trust:-
(i) Contribution into Approved Trust is allowed as deductible Expense : - Provision of Gratuity Liability shown in the Balance Sheet is not allowed as deduction whilst computing net Income for Income Tax ((Refer Section 47A (7) of Income Tax Act 1961) whereas Initial and Annual Ordinary Contribution made by company into an Approved Gratuity Trust (Subject to condition specified in Income Tax Rules 103 & 104) is allowed as deductible expense under Section 36 (1) (v).
(ii) Interest received from Investment of an Approved Gratuity Trust is also exempted as Income Tax :- Interest received from Investment of an Approved Trust is also exempted as Income under Section 10 (25) (iv) of the Income Tax Act, 1961.
In Indian Context, Companies have 2 options based on the Management of Fund of an Approved Gratuity Trust for making the Funding Arrangement for Gratuity Liability Management.
A. Privately Managed
B. Insurance Company Managed
For more details or consultation/Advise on the above matter, you may contact me at 9211637063 or email me your queries at
Tikaram Chaudhary
Gratuity & Leave Encashment Trust Fund Consultant
(Corporate Consultant with more than 10 Years of experience in providing Support Services for Actuarial Valuations in compliance of AS 15 R, IndAS 19 & IAS 19 R under Gratuity and Leave Encashment and Formation of Gratuity and Leave Encashment Trusts)
Office Address : R 11, F/F, R Block, Vikas Nagar, New Delhi -110059
Mobile Number : 9211637063
Email Id :
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