Posting this because "how long do I have to pay FnF dues" comes up constantly on this forum, and
a lot of the answers floating around still cite the old 30–45 day customary practice. That's no
longer the safe answer to give a client or an employer.
**The short version:** Section 17(2) of the Code on Wages, 2019 requires that all wages payable on
separation — resignation, removal, dismissal, or retrenchment — be paid within **2 working days**
of the last working day. This provision took effect **21 November 2025**, with enforcement
(i.e. statutory penalties for delay) phasing in through mid-2026. If you're advising a client or
running payroll for one, the 30–45 day "we'll clear it in the next payroll cycle" habit is now a
genuine compliance risk wherever this section applies — not just a bad look.
A couple of things practitioners keep getting confused on:
**1. Gratuity is NOT on the same clock.** FnF as a bucket includes pending salary, leave
encashment, pro-rata bonus, reimbursements, notice-pay adjustment, and applicable deductions
(PF/ESI/TDS) — and yes, gratuity if the employee has 5+ years of continuous service. But gratuity
itself still runs on its own **30-day** timeline under the Payment of Gratuity Act / Code on
Social Security. Don't tell a client the whole FnF payout including gratuity is due in 2 days —
only the non-gratuity components are on that clock.
**2. State rollout isn't uniform yet.** Because the labour codes are being operationalised
state-by-state, I'd flag to any client that the 2-day window shouldn't be treated as universally
enforceable in every single case right now — confirm your specific state's notification status
before you build a hard compliance deadline around it. This is exactly the kind of "sounds settled
online, isn't settled on the ground yet" situation this forum is good at flagging.
**3. Gratuity math, if anyone needs the refresher:** the standard formula is (last drawn basic +
DA) × 15/26 × number of years of service. Nothing new there — the codes don't change the formula
itself, just where it sits in the overall settlement sequence.
**Practical checklist I use when a client asks "what do we owe on an exit":**
1. Lock in the last working day in writing.
2. Get no-dues clearance across IT/Finance/Admin/reporting manager.
3. Calculate: pending salary (pro-rated), leave encashment, gratuity (if eligible), pro-rata
bonus, reimbursements.
4. Apply deductions: PF, ESI (if still applicable), TDS, and any documented recoveries (notice
shortfall, unreturned assets, advances).
5. Pay within the 2-working-day window for the non-gratuity components; gratuity within its
separate 30-day window.
6. Issue relieving/experience letters alongside settlement, not weeks after.
7. Reflect the exit in that month's PF ECR / ESI filings and the employee's Form 16.
Happy to discuss edge cases in the comments — particularly termination-for-cause situations where
documentation for deductions matters a lot more than in a straightforward resignation.
For anyone who wants the full breakdown with a worked example (₹30,000 basic employee, 6 years'
service, notice shortfall, actual rupee math end to end), I put together a detailed writeup here:
https://www.ecohrms.info/compliance/full-and-final-settlement.html
CAclubindia
