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Notice period, last working day and full & final settlement: what you are owed and when

How to count your last working day, when leave can be adjusted against notice, what buyout costs, what goes into F&F (and the TDS on it), the 2-day rule under the Wage Code, and what to do if the employer delays.

Published 22 March 2026 · Updated 13 September 2026 · 3 min read · Kaagazo editorial

Notice period, last working day and full & final settlement: what you are owed and when — illustration

Resigning is easy; getting the maths of your exit right is not. "Notice period calculator" and "full and final settlement rules" are evergreen searches because every exit involves three numbers — last working day, notice buyout and F&F — and employers and employees compute them differently.

Counting the last working day

Notice starts on the day your resignation is accepted (usually the day you submit, in writing). LWD = resignation date + notice period − 1.

  • 60-day notice, resigned 1 October → LWD 29 November.
  • Notice is in calendar days unless the contract says "working days".
  • Weekends and holidays within the notice count.

The notice period calculator handles this and the adjustments below.

Leave adjustment and buyout

  • Adjusting earned leave against notice is at the employer's discretion unless the policy or contract allows it. Ask in writing; many companies allow half the notice to be adjusted.
  • Buyout: you pay (or forgo) salary for the days not served. Most contracts specify basic or gross — read it. The employer deducts it from F&F; if F&F is insufficient, you pay the balance. Buyout amounts are typically not subject to GST when recovered from an employee (CBIC clarified in 2022 that notice pay is not a "service").
  • Employer waives notice: if the company asks you to leave early, they owe you notice pay for the unserved days.

What goes into full & final settlement

ComponentNotes
Salary up to LWDPro-rated for the final month
Encashment of earned leaveBasic (+DA) ÷ 30 × days; policy caps apply — check your balance with the leave calculator
Bonus / variable payIf policy allows pro-rata; many require you to be on rolls at payout
GratuityIf eligible — see gratuity rules
ReimbursementsPending claims submitted before LWD
− Notice buyoutIf any
− RecoveriesAdvances, unreturned assets, joining-bonus clawback
− TDSOn taxable components (salary, leave encashment above the exemption, gratuity above ₹20 lakh)

Leave encashment tax: exempt up to ₹25 lakh (lifetime) for non-government employees on retirement or resignation.

When must F&F be paid?

The Code on Wages requires wages to be paid within 2 working days of removal, dismissal, retrenchment or resignation. In practice most companies process F&F in 30–45 days and issue the settlement statement with Form 16 later. If it drags beyond 45 days, send a written reminder citing Section 17(2) of the Code on Wages; the next step is the labour commissioner or a legal notice. Delays usually resolve at the reminder stage.

Documents to collect before you go

  • Resignation acceptance with LWD
  • Relieving letter and experience letter — the experience letter tool shows the standard format; ask HR to issue one on letterhead
  • F&F statement
  • Form 16 (after the financial year)
  • PF: ensure your UAN is Aadhaar-linked; transfer or withdraw via the EPFO process
  • Salary slips for the last 3 months (needed by the next employer)

Serving notice well

  • Hand over in writing; keep copies.
  • Don't stop working — misconduct during notice can void your relieving letter.
  • If the new employer wants you early, ask them to fund the buyout; many do.

FAQ

Can my employer refuse to accept my resignation?

No. Resignation is a unilateral act. They can hold you to the notice period or negotiate a buyout, but cannot refuse it.

Is notice period paid?

Yes — you work, you are paid normally. Buyout applies only to days not worked.

Can the employer deduct anything from F&F?

Only lawful recoveries — advances, buyout, unreturned assets at documented value — and statutory deductions. Arbitrary "damages" are not permitted.

What if I resign during probation?

Notice during probation is usually shorter (7–30 days) as per the appointment letter. Same rules on payment apply.

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