Your last salary is stuck: what should you ask for first?
Payroll says your full and final (F&F) settlement will arrive in the next cycle. Another cycle passes and even your last salary is missing. Begin with a written, itemised request for the amount owed and the payment date. It gives HR a chance to correct a calculation and leaves a record if you need a formal remedy later. A lawyer’s notice can be useful in some disputes, but it is not a required first or final step for everyone.
Separate the items. “Full and final” is an HR label, not a single legal category. It may include wages for the last period, leave encashment, incentive pay, expense reimbursement or other sums. Their entitlement and timing may differ. PF contributions should be checked through EPFO records; they are not automatically cash paid in the F&F transfer.
Does the law require payment within two working days?
Section 17(2) of the Code on Wages, 2019 provides for payment of wages payable within two working days when an employee resigns, is removed or dismissed, is retrenched, or becomes unemployed on closure. The Labour Ministry’s 2026 employer compliance handbook repeats the due-wages point. Its March 2026 FAQ identifies 21 November 2025 as the date of implementation of the labour codes.
There are qualifications: section 17(3) permits an appropriate government to specify another reasonable time limit in relevant circumstances, and section 17(4) preserves a payment time limit under another law. The two-working-day wording is about wages payable, not an automatic deadline for every component the employer puts on its F&F sheet. The statutory definition of wages in section 2(y) has inclusions, exclusions and a 50% proviso; it is not simply the employee’s entire CTC.
Is there a universal 30- or 45-day F&F rule?
Do not treat an employer’s 30 or 45 day payroll cycle as a nationwide statutory deadline for the whole F&F bundle. Internal processing does not by itself override a duty to pay wages that are due. Leave pay, variable compensation, expense claims and gratuity need their own entitlement and applicable-law checks. Ask the employer to show the basis, computation and expected payment date for each item.
The sequence that creates a clear paper trail
- Prepare a statement: Gather the appointment contract, payslips, bank credits, resignation acceptance or termination letter, final working date, handover and clearance evidence. List wages, leave pay, approved expenses, variable pay and claimed notice deductions separately.
- Email HR and payroll: Include your employee ID, last working date, a short itemised estimate and a request for the employer’s F&F sheet, deductions and transaction date.
- Follow up in the same thread: If there is no answer, include finance or the relevant senior manager. Confirm important phone calls in a short email.
- Choose the right official route: For unpaid wages, check the labour authority with jurisdiction and whether SAMADHAN is available for the claim. If the issue is missing PF contributions, use the separate EPFiGMS grievance route; it is not a general salary recovery portal.
- Get tailored legal advice: The correct forum and claim period depend on the worker, employer, amount and law. A notice from a lawyer remains an option if the records and response warrant it.
What about notice-period salary withheld?
If HR cites short notice or an unreturned asset, ask for the contract clause, dates, itemised computation and lawful basis for a deduction. A notice dispute does not automatically justify withholding every rupee of final wages without an account. Equally, a signed notice term should not be assumed irrelevant. Keep your handover record and do not sign a “no dues” statement you cannot reconcile.
An email you can send to payroll
Subject: Itemised final wages and F&F — employee ID [ID]
Hello [name], my last working day was [date]. My records show wages for [period] and [other items] still outstanding. Please share the calculation for each component, the basis of any proposed deduction and the expected payment date. If a payment has already been made, please send its transaction reference. I can supply the relevant records. Thank you, [name].
Keep these documents
Save the employment contract, relevant payslips, bank statement entries, resignation and acceptance or termination emails, handover and clearance record, leave balance, approved expense receipts, HR replies and relevant EPFO passbook entries. Write your own dated calculation alongside the company’s statement so any difference is specific.
