Since April 1, when the new work laws went into effect, there have been big changes to things like provident funds, salaries, and bonuses. The Center has made big changes to how gratuities are paid under the new work codes. These are the new rules that change how wages are described for figuring out retirement benefits.
A while ago, there was some confusion about whether the new work laws applied to the past. But the Center recently made it clear that the new tipping rules will take effect on November 21, 2025.
Gratuity will be in effect as of November 21, 2025, the date the Code takes effect
Establishments may make provisions in line with accounting standards, the Labour Ministry said in a frequently asked questions (FAQ) sheet.
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What you need to know about the new gratuity rule
Answers to some important questions about the changes to the tip rules are given below:
Q: What are the new rules for paying tips?
A: The rules for giving bonuses to fixed-term employees have changed in important ways. When an employee’s contract ends after a year of work, their employer must now pay them a bonus.
The Social Security code says that after five years of service, a company must give a non-fixed-term worker a bonus. The person must be fired if they are retiring, retiring early, quitting, dying, or becoming unable to work due to an accident or illness, or any other reason listed by the Central Government.
Q: Who can get a bonus under the new work code?
A: Since the new wage code went into effect, fixed-term workers can now also get a bonus from their boss if their contract ends after one year. If this happens, the bonus will be figured on a pro rata system, which means that workers will get money based on how long they actually worked, even if that time is less than five years.
Q: How do you figure out the gratuity?
A: The last wage you got and the number of years you worked are used to figure out the gratuity. For monthly workers, the bonus is equal to 15 days’ pay for every year of service. For workers who are paid by the bit, the average of their total pay over the last three months is found. Gratuity is determined on a pro-rata basis for workers with set terms.
The amount of the gratuity is based on the last month’s pay times 15/26 years of work.
Q: When does the tip get paid out?
As per the law, employers must give workers their bonus within 30 days of the date it becomes due.
Q: What parts of pay are considered wages when figuring out a gratuity?
Ans. According to Section 2(88) of the Code on Social Security, 2020, “wages” are “all remuneration, whether in the form of salaries, allowances, or other amounts of money, expressed in terms of money or able to be expressed in such a way, that would be payable to a person employed in respect of his employment or work done in that employment”
Basic pay, the dearness allowance, and any keeping allowance are all factors used to figure out the bonus.
Q: What parts of pay are not counted when figuring out a gratuity?
A: Any part that isn’t considered “wages” can’t be used to figure out the tip. These can include things like the new law award, the value of a place to live, the supply of light, water, medical care, or other services or comforts that aren’t covered by government order, the employer’s payment to the EPF, a ride or trip discount, and the HRA, among other things.
Q: When will the new meaning of wages start to apply?
A: The new meaning of pay, which will change how gratuities are calculated, will go into effect on November 21, 2025, which is the day the Labour Codes go into effect.
Q: Under the new rules, can a fixed-term worker who has been hired for 11 months get a bonus?
A: No, according to the new rules, a fixed-term worker whose contract ends in 11 months is not qualified for a bonus.

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