Severance pay is compensation an employer provides to an employee whose role is ended involuntarily, typically through redundancy or retrenchment rather than resignation or dismissal for cause. In India, where a termination amounts to retrenchment, the law sets a formula for retrenchment compensation, separate from gratuity and other dues. Understanding what severance covers, and how it differs from gratuity, helps employers plan exit costs and stay compliant when reducing a team.
How is severance pay calculated in India?
For qualifying retrenchment, the law provides a defined formula rather than leaving it entirely to the employer. The key points are these.
- Statutory formula: retrenchment compensation is generally 15 days' average pay for each completed year of continuous service.
- Notice or pay in lieu: the employee is also entitled to notice, or pay in place of notice.
- Eligibility conditions: statutory retrenchment compensation usually applies after a minimum period of continuous service.
Severance pay vs gratuity
Both are paid around an exit, but they are different entitlements with different triggers. The distinction matters for costing an exit.
- Trigger: severance applies to involuntary loss of a role, while gratuity is a service-based reward paid on most exits after enough years.
- Can both apply: a retrenched employee may receive both retrenchment compensation and gratuity if eligible.
- Part of settlement: both are settled alongside other dues in the full and final settlement.
Severance and gratuity at a glance
The table summarizes how the two payments differ in trigger and basis.
| Feature | Severance (retrenchment) | Gratuity |
|---|---|---|
| Trigger | Involuntary role loss | Service milestone |
| Basis | 15 days' pay per year | 15 days' pay per year, with conditions |
| Applies on resignation | No | Yes, if eligible |
This information is for general guidance. Confirm current rules and consult legal experts for your specific situation.
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