How to Register Labour Complaint - 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. 

The blog here gives an idea of how to lodge labour complaint in India based on the applicable laws, jurisdiction of state and district, website, the particular authority, etc. It should be noted that the specific details should be entered carefully and those need to be 100% genuine. Since if the same is used to harass the employer or otherwise, things may backfire for the worst.

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

Before jumping with a complaint in the Indian labour court in your district or state, it is better to understand the reasons for which a cause of action arises under labour laws. Lack of cause may lead to dismissal of the complaint brought before the labour department. 

• Employer firing from job without any reason in the absence of salary or notice period
• No payment of wages
• Delayed payment of salary
• Denial of maternity benefits for female workers
• Harmful environment at the workplace
• Sexual harassment at workplace
• Denial against overtime payment rules
• Denial of fixed holidays or sick leaves at the establishment
• Lack of safety measures at a hazardous workplace
• Denial of gratuity after complying with all the conditions 
• Issue regarding Welfare Schemes
• Child labour
• Cause for complaint against mental harassment at workplace

Any other right granted to workers through various types of labour laws in India may also be included in the matters to be complained of to the labour authorities in the country. 

Procedure for Labour Complaint - India 

Given below are the steps to be followed for physical complaint with the labour department. However, there is an important task that goes before knocking the doors of the labour department. One should always contact the Human Resources department in case of any trouble at work. If they do not listen, it is better to bring the matter in the knowledge of your own department head. Even after all this, there is no redressal of issue, you may proceed with the labour complaint India process as laid through the pointers 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.  

It should be kept in mind that private parties can not directly lodge their cases in the labour court as a matter of right. They need to approach the labour commissioner on priority, regardless of whether the officer is able to redress the matter efficiently or not. While the matter reaches the labour court, people may be represented through  labour lawyers for a better stand before the authorities. The reason being that ordinary people do not know the law as well as their legal rights granted through various statutes passed by the states and central government for the welfare of the working class in India. 

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.

The entries need to be selected carefully while complaining online. Hence, if the matter related to The Factories Act, 1948, the specific right so infringed has to be clarified in the complaint. Any kind of confusion or lack of material in the labour complaint may result in dismissal by the authorities. 

Remarks

The redressal of complaints in the labour departments ultimately takes place through officers designated for particular tasks. These people have to deal with hundreds and thousands of cases related to labour disputes. That is why dispute redressal after lodging labour complaint India is a time consuming process. It may take a few months or 2-3 years for the authorities to reach a decision.