As per the Indian Gratuity Act (Payment of Gratuity Act 1972), an employee should complete minimum 5 years in the organisation to become eligible for gratuity. The training period of trainees /Apprentices appointed under the certified standing orders /Apprentice act will not be counted for determining the eligibility period.
Any recent amendments may be checked as I am not working in India currently.
The calculation of gratuity is given below
15 days salary to be given as gratuity for every completed years of service. 15 days will be calculated as detailed below
Gratuity = Monthly Salary/ 26 days x 15 days x No. of yrs. of service.
> 6 months is considered as one completed year of service; < 6 months is ignored.
Last drawn salary will comprise your Basic + DA+ commission (if it is fixed as % of sales turnover)
Max. Gratuity payable under the Act is Rs. 10, 00, 000/-
Regards
KK