Guides

Full and final settlement: the 2-day rule and checklist

What the Labour Codes now require when someone leaves, what goes into the settlement, and the steps HR should follow.

Full and final settlement (F&F) is the last payment to an employee who leaves: salary up to the last working day plus everything else they are owed, minus any recoveries. Since the Labour Codes came into force on 21 November 2025, the timeline is much tighter than most companies are used to.

The two-working-day rule

Under Section 17(2) of the Code on Wages, 2019, when an employee has been removed or dismissed, or has been retrenched or resigned, or has become unemployed because the establishment closed, the wages payable must be paid within two working days.

The appropriate government can prescribe a different time limit in particular circumstances, so also check your state’s rules. For regular monthly pay, the Code requires payment before the seventh day of the following month.

What goes into the settlement

ComponentWhat to check
Salary up to the last working dayPro-rated for the days worked in the final month, less any loss-of-pay days.
Leave encashmentUnused earned leave as per your policy; under the OSH Code, workers can encash leave to their credit at separation.
Notice periodPay for notice served, or a recovery if the notice period was cut short without being waived.
GratuityIf eligible (five years, or one year for fixed-term employees), on the last drawn wages. See gratuity calculation.
Bonus and incentivesStatutory bonus due for the year, and any earned incentives as per policy.
ReimbursementsApproved expense claims not yet paid.
RecoveriesSalary advances, loans and unreturned company assets, as allowed by law and the employment terms.
Tax (TDS)Worked out on the final month’s taxable amount under the employee’s chosen regime.

Step-by-step checklist

  1. Confirm the last working day and the notice period served, in writing.
  2. Collect company assets — laptop, ID card, access cards — and record anything outstanding.
  3. Close attendance and leave for the final month so days payable and leave balance are final.
  4. Calculate the settlement: salary, leave encashment, gratuity, bonus, reimbursements, minus recoveries and TDS.
  5. Pay within two working days of the exit.
  6. Mark the date of exit on the EPFO portal so the employee can transfer or withdraw their PF.
  7. Issue documents: the settlement statement, relieving and experience letters, and Form 16 for the year when due.
  8. Hand over pending approvals the employee was responsible for, and remove their system access.

Tax points

  • Leave encashment at retirement or resignation is tax-free for private-sector employees up to ₹25 lakh; leave encashed during service is taxable.
  • Gratuity is tax-free up to ₹20 lakh for private-sector employees.
  • Everything else in the settlement is taxed as salary.

SetuWork’s offboarding keeps each exit in one place: outstanding assets, the exit interview and the full-and-final settlement, while the person’s pending approvals move to their own senior automatically. See HRMS software.

Sources

This guide is general information to help HR and payroll teams, not legal or tax advice. Rules change and can depend on your circumstances — confirm with the official source or your consultant before acting on it.

Questions

Full and final settlement — common questions

How soon must full and final settlement be paid?

Under Section 17(2) of the Code on Wages, 2019, wages due to an employee who resigns, is removed, dismissed or retrenched, or loses their job because the establishment closes, must be paid within two working days. The Codes came into force on 21 November 2025.

Does the two-day rule apply to resignations?

Yes. The Code covers resignation as well as removal, dismissal, retrenchment and closure, and many employers count the two working days from the last working day.

Is gratuity paid in the full and final settlement?

If the employee is eligible — generally after five years of continuous service, or one year for fixed-term employees — gratuity is part of the settlement. It is calculated on the last drawn wages.

Is leave encashment taxable?

Leave encashed at retirement or resignation is tax-free for private-sector employees up to ₹25 lakh; leave encashed while still in service is taxable.

What happens to the employee’s PF?

The employer records the date of exit on the EPFO portal. The employee can then transfer the balance to their next employer’s account or apply for withdrawal as the rules allow.

Run exits without the scramble

SetuWork’s offboarding tracks outstanding assets, the exit interview and the full-and-final settlement — and hands pending approvals to the right person automatically.