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Final settlement when you quit a job in Nepal: PF, gratuity and leave encashment

What your employer owes when you resign in Nepal: unpaid salary, leave encashment, PF and gratuity, accrued bonus, the 15-day deadline, and the 5% tax on the lump sum.

Parjanya ShakyaJestha 2083 BS9 min read

A reader messaged me the week she resigned. HR had said, breezily, "we'll process your final settlement." She nodded in the meeting and then realised she had no idea what that sentence meant. How much was coming? When? Was her gratuity in it? Could they just... not?

Most Nepali employees leave a job without ever checking the math on the cheque they are owed. The number is rarely huge, but it is rarely trivial either, and a chunk of it gets quietly skipped if you do not ask. Here is exactly what your employer owes when you walk out, and how to make sure all of it lands.

Two different pots of money

The first thing to untangle: "final settlement" is two separate things, and people conflate them.

Pot 1 — the employer's cheque. Money your employer holds and must hand over: salary you have earned but not been paid, your accumulated leave converted to cash, and any bonus you have a right to. This is what the 15-day clock covers.

Pot 2 — your fund balances. PF (or SSF), gratuity, and CIT sit in dedicated funds, not in the employer's bank account. When you leave, these follow portability and withdrawal rules, not the final-settlement timeline. The switching-jobs guide covers what happens to each balance on resignation day; the short version is that they are yours, but the access rules differ by fund.

Mixing these up is how people end up thinking their settlement is smaller than it is, or expecting a gratuity lump sum in a cheque that no longer works that way.

What goes in the cheque (Pot 1)

Unpaid salary

Everything earned up to your last working day, including the part-month if you leave mid-cycle. On a Rs 60,000 gross, ten working days into the month is roughly Rs 20,000. Obvious, but it is the line most often "rounded" against you, so check the day count.

Leave encashment

This is the line people forget they are owed. Under the Labour Act 2074:

Leave typeAccrualAccumulation cap
Home (annual) leave1 day per 20 days worked (~18/year)90 days
Sick leave12 days/year45 days

On separation, Section 49 says your accumulated home and sick leave are paid as a lump sum "by the last basic remuneration being drawn." Two things to hold on to: it is basic salary, not gross, and it is last basic, so a recent raise works in your favour.

A worked example. Basic Rs 40,000, so daily basic is about Rs 1,333. You have banked 60 days of home leave and 30 of sick leave:

Accumulated leave:   60 home + 30 sick = 90 days
Daily basic:         Rs 40,000 ÷ 30    = Rs 1,333
Encashment:          90 × 1,333        ≈ Rs 1,20,000

That is three months of basic salary you would simply forfeit if you never asked. Track your leave balance before you resign, not after.

Accrued bonus

Under the Bonus Act 2030, a profit-making enterprise sets aside 10% of net profit as employee bonus. If you worked at least half the fiscal year, you qualify, and leaving does not erase a bonus you have already earned for the qualifying period. It forms part of your dues. Bonus is normally paid within eight months of the fiscal year-end, so depending on when you leave, this piece may arrive later than the rest of the settlement.

The 15-day rule is your leverage

The single most useful fact here: the employer must clear all dues within 15 days of separation, regardless of why you left. And if they miss it, the penalty has teeth — they must keep paying your remuneration as though you were still on payroll until the settlement is done.

So "we'll process it whenever" is not a thing. If a settlement stalls past 15 days, you are legally still accruing salary. Putting that politely in an email tends to speed things up.

Notice, both directions

Resigning cleanly protects the cheque. Notice scales with how long you have been there, under Section 144:

Length of serviceMinimum notice
Under 4 weeks1 day
4 weeks to 1 year7 days
Over 1 year30 days

If you skip notice, the employer can deduct the equivalent pay from your dues. The rule cuts both ways: if they end your employment without notice, they owe you the notice-period pay. One more detail worth knowing: if the employer sits on your resignation letter, the standard reading by Nepali employment lawyers is that it is treated as accepted once 15 days pass with no response. That rests on practice rather than an explicit statutory clause, but the upshot is you are not easily trapped in a job by an unanswered resignation.

Pot 2: what happens to PF, gratuity, SSF, CIT

These are not in the cheque, but they are yours, so here is the quick map. The switching-jobs post has the full detail.

  • Gratuity. Under the Labour Act 2074, gratuity is now pre-funded monthly at 8.33% of basic into the SSF, and it is eligible from day one with no minimum service. It is no longer the old lump-sum-on-exit formula. The gratuity explainer covers the pre/post-2078 cutoff.
  • PF (non-SSF workplaces). The classic 10% from you, 10% matched by the employer, sitting in the EPF. Withdraw on leaving, or leave it to earn.
  • SSF. Total contribution is 11% employee + 20% employer = 31% of basic, funding retirement plus medical, accident, and dependent schemes. It behaves like a pension — your history follows your SSF number rather than paying out as cash on every resignation.
  • CIT. Voluntary, and leaving employment is a qualifying event to withdraw. Whether to take it or carry it is the CIT-vs-PF-vs-SSF question.

The tax bite on the lump sum

When fund balances do pay out as a lump sum, tax applies, and it is gentler than your salary TDS. For an approved retirement fund, the higher of Rs 5,00,000 or 50% of the payment is tax-free, and only the remainder is taxed at 5% as final TDS. So a Rs 8 lakh approved payout shields Rs 5 lakh, and the remaining Rs 3 lakh is taxed at 5%, a Rs 15,000 hit.

Unapproved funds are treated worse: an unapproved contributory payment is taxed at 5% on the gain, and a purely employer-funded one at 15% on the whole amount. The unpaid-salary portion of your settlement, meanwhile, is ordinary employment income and taxed at your normal slab, the same mechanics as your regular salary TDS.

Resign vs laid off: one big difference

Almost everything above is identical whether you quit or get let go. The one divergence is retrenchment compensation. Under Section 145, an employee laid off by the employer (with at least a year of service) gets one month's basic salary per year of service. Resign voluntarily and that line is zero. The provision also exempts enterprises with 10 or fewer employees.

This matters in negotiations. If your exit is really an employer-driven separation dressed up as a "mutual resignation," you may be signing away a month-per-year payout. Know which one you are actually in before you sign anything.

A checklist before you sign the exit papers

  • Pull your leave balance in writing. Home plus sick, up to the 90 and 45 caps. This is the most-skipped line.
  • Confirm the part-month salary day count.
  • Ask about accrued bonus for the fiscal year, and when it pays.
  • Decide PF/CIT: withdraw or carry. Don't close accounts reflexively just because you are moving.
  • Get the 15-day commitment in an email. It is the law; having it in writing speeds it up.
  • Check whether your exit is a resignation or a retrenchment. The difference is a month-per-year of basic.

What you actually need to know

  • The cheque is salary + leave encashment + bonus. Leave encashment alone can be two or three months of basic. Ask for it.
  • 15 days is a hard deadline, and missing it means the employer keeps paying you. Use that.
  • Fund balances are a separate question with their own rules, and lump sums from approved funds are lightly taxed (Rs 5 lakh free, then 5%).

Quitting well is partly an emotional thing and partly an arithmetic one. Get the arithmetic right and the cheque is usually bigger than HR's first number. Park the proceeds somewhere sensible while you job-hunt — this is exactly the moment a real emergency fund earns its keep. Specific situation you want sanity-checked? Email parjanya57@gmail.com.

This post is part of the Nepal Money Basics guide — the retirement and social-security section.