How to file a complaint in the Labour Court in India?

Have you ever been pissed by your boss for making you work beyond fixed hours without any compensation? We have all been there and gulp it all for the very reason that we look forward to the dearly monthly salary. Now just imagine that there is someone whom you can approach and complain against this behaviour.

Where there is a right granted under the various labour laws in India, it is usually avoided to be taken up by the traditional courts. There are special labour courts and labour commissioners specifically designated to deal with complaints under labour laws. Such authorities are mostly established at district, state and central levels.

What Makes a ‘Cause’ for Labour Complaint in India?

1. Employer firing from job without any reason in the absence of salary or notice period

2. No payment of wages

3. Delayed payment of salary

4. Denial of maternity benefits for female workers

5. Harmful environment at the workplace

6. Sexual harassment at workplace

7. Denial against overtime payment rules

8. Denial of fixed holidays or sick leaves at the establishment

9. Lack of safety measures at a hazardous workplace

10. Denial of gratuity after complying with all the conditions

11. Issue regarding Welfare Schemes

12. Child labour

13. Cause for complaint against mental harassment at workplace

The Indian Parliament and other state legislatures have each established a number of labor laws.  The laws governing labor are not just laws.  It comprises a collection of laws, ordinances, and standards, which carry serious legal ramifications if disregarded or broken.  Each law focuses on a certain service sector.  Like,

*Minimum Wages Act And Payment Of Wages Act For Wages

*Workmen’s Compensation Act For Compensation

*Maternity Benefit Act And Other Laws For Maternity Benefit Of Women

Both the employer and the worker get benefits and relief under labor laws.  People generally struggle with the idea that labor regulations are the only solid safety net for employees.  When employees fail to follow company policies, the boss can take an action against them himself.

Procedure for Labour Complaint-

The procedures for filing a physical complaint with the labour department are listed below. But before you knock on the labour department’s doors, there’s a crucial task to do. If there is ever a problem at work, the Human Resources department should be contacted. It is best to bring up the issue with your department head if they refuse to listen. If, despite everything, the problem is not resolved, you can still file a labour complaint in India using the guidelines provided below:

*Visit the Labour Commissioner’s office in your area.

*You may also send your written complaint via post, provided that the matter and address of the concerned officer is mentioned clearly.

*Attach the proof of employment with the concerned employer/ organisation.

*Payslips or salary documents may also be added.

*If possible or available, also attach the documents confirming the base of complaint (supporting evidence).

*A copy of a previous complaint made to the HR department or head of the department, as the case may be. 

Labour Complaint in Online Mode

The various labour departments of States and Union territories in India have their own online complaint redressal portals for labour disputes. Complainants may lodge their complaint online as well in case of any cause of action. The steps for labour complaint India through state complaint redressal portals are given below:

*Visit the official website for state/ union territory’s labour complaint panel

*Select the type of complaint

*Enter the details of incident/ subject matter to be complained about

*Provide personal details wherever asked, like your (complainant’s) name, contact number, email ID, address of the establishment and residential address, etc.

*Also provide the relevant documents as supporting evidence for the labour complaint lodged.