Table of Contents

Service Gratuity

Definition and Overview

Service Gratuity is a lump sum payment made to an employee upon the termination of their employment, typically due to retirement, resignation, or redundancy. It is a form of financial reward for the services rendered by the employee during their tenure with the organization. Service gratuity is different from a pension, as it is a one-time payment rather than a periodic pension payment.

Key Features of Service Gratuity

  1. Eligibility: Service gratuity is generally provided to employees who have completed a certain minimum period of service with the organization, which can vary depending on company policy or local labor laws.
  2. Calculation: The amount of service gratuity is usually based on the employee’s salary and the length of their service. The specific formula can vary but often includes a certain number of days’ wages for each year of service.
  3. Tax Implications: Depending on the country’s tax laws, service gratuity may be partially or fully exempt from income tax.
  4. Employer’s Obligation: It is the employer’s responsibility to calculate and pay the service gratuity to the eligible employees.

Calculation of Service Gratuity

The formula for calculating service gratuity typically involves the employee’s final salary and the number of years of service. A common formula is:

Service Gratuity=Last Drawn Salary×Number of Years of Service×Gratuity FactorService Gratuity=Last Drawn Salary×Number of Years of Service×Gratuity Factor

Where the gratuity factor is a predetermined number of days’ wages per year of service (often 15 days or a similar value).

Example Calculation

Suppose an employee in Kenya retires after 20 years of service with a final monthly salary of Ksh 100,000. If the company policy states that the gratuity factor is 15 days’ wages for each year of service, the calculation would be:

  1. Determine daily wage: Daily Wage= Monthly Salary/30= 100,000/30=Ksh 3,333.33
  2. Calculate annual gratuity: Annual Gratuity=Daily Wage×15=Ksh 3,333.33×15=Ksh 50,000
  3. Calculate total gratuity: Total Gratuity= Annual Gratuity×Years of Service=Ksh 50,000×20=Ksh 1,000,000

Thus, the employee would receive a service gratuity of Ksh 1,000,000.

Importance of Service Gratuity

  1. Financial Security: Service gratuity provides financial security to employees upon leaving the organization, helping them transition into retirement or other endeavors.
  2. Employee Loyalty: Offering service gratuity can enhance employee loyalty and reduce turnover, as employees are incentivized to stay with the organization longer.
  3. Recognition of Service: It serves as a recognition and appreciation of the employee’s long-term contribution to the organization.
  4. Compliance with Labor Laws: In many jurisdictions, providing service gratuity is a legal requirement, ensuring fair treatment of employees.

Legal Framework in Kenya

In Kenya, service gratuity is governed by labor laws and specific terms outlined in employment contracts. Key points include:

  1. Employment Act, 2007: The Employment Act outlines the rights and obligations related to termination benefits, including service gratuity.
  2. Collective Bargaining Agreements (CBA): In unionized environments, CBAs often specify the terms and conditions for service gratuity.
  3. Company Policy: Individual companies may have their policies regarding the calculation and payment of service gratuity, as long as they comply with the minimum legal requirements.

Differences Between Service Gratuity and Other Benefits

  1. Pension: While a pension is a regular payment made to retired employees, service gratuity is a one-time lump sum payment.
  2. Severance Pay: Severance pay is compensation paid to employees who are laid off or terminated without cause, while service gratuity is typically paid upon retirement or voluntary resignation after a long period of service.
  3. End-of-Service Benefits: In some countries, end-of-service benefits may include both service gratuity and other forms of compensation, like severance pay or pension contributions.

Conclusion

Service gratuity is an essential component of employee benefits, providing financial support and recognizing long-term service upon the termination of employment. Its calculation is generally based on the employee’s salary and years of service, and it plays a crucial role in enhancing employee loyalty and compliance with labor laws. Understanding the nuances of service gratuity helps both employers and employees plan effectively for the future and ensure fair compensation practices.

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