Filing a Complaint with the Labor Office: What Are the First Steps You Should Take?

Steps to File a Complaint with the Labor Office

I want to know what steps an employee or worker should take if they want to file a complaint with the labor office or labor court. What should be the initial step taken by the petitioner?

Thank you.

First of all, the grievance needs to be conveyed to the management, and to attend to the same, some reasonable time should be given. If the issue is not addressed, they can escalate it to the principal employer. If the principal employer also does not address the concern, they can further escalate it to the next level by filing a complaint with the labor office along with evidence of the grievance. If the labor office finds that the complaint falls under their jurisdiction, they will send a notice to the employer and take appropriate action. However, if the complaint is deemed not maintainable and does not come under the labor office's jurisdiction, the application will be rejected. In such a case, the complainant will have to seek redress in the civil court of law.

Dear Surjeet,

First of all, the grievance must be conveyed to the management, and some reasonable time should be given to address it. If the grievance is not addressed, the employees can escalate the issue to the principal employer. If the principal employer also does not address the concern, then they can further escalate it to the next level by filing a complaint with the labor office along with proof of the complaint.

If the complaint falls under the jurisdiction of the labor office, they will send a notice to the employer and take necessary actions. However, if the complaint is deemed not maintainable and does not come under the labor office's jurisdiction, the application will be rejected. In such a case, the complainant will have to approach the civil court of law.

I am satisfied with your response. Another question that arises is whether it is necessary to file the complaint through an advocate or if one can represent themselves in their case.

Regards

Please check with your state's procedure. In Andhra Pradesh, you do not need to have a lawyer to approach the Labour Court. However, in Gujarat, they will only entertain your case if you approach them with a lawyer. Therefore, consult with the local Labour Commissioner Office staff as they can guide you correctly.

I don't know exactly what is on your mind when you mention, "If an employee or worker wants to file a complaint in the Labour Office or Labour Court." However, I understand that by 'complaint,' you refer to either an individual grievance or a collective grievance concerning the current service conditions.

Such grievances may pertain to an individual employee, a section, or all employees or workers in a specific industrial establishment. They could involve issues like non-implementation of statutory provisions of applicable Labour Enactments, such as non-payment of minimum wages or compulsory work beyond normal hours. They may also include common concerns related to collective bargaining like wage revisions, bonuses, extra holidays, or the status of temporary workers.

For complaints regarding non-implementation of statutory provisions concerning an individual worker or all workers, the complaint should be filed with the Enforcement Officer designated under the relevant Act for the area, such as the Inspector of Factories or Labour Enforcement Officer. This can be done by the individual worker, affected workers, or through a representative trade union if one exists.

In the case of an individual dispute, such as the non-employment of a worker or collective disputes, if direct negotiations with the employer fail, the matter should be brought to the attention of the Labour Officer or Conciliation Officer appointed under the Industrial Disputes Act, 1947. Before approaching the Labour Court, the conciliation process must be exhausted.

Labour Courts and Tribunals established under the Industrial Disputes Act, 1947, serve as quasi-judicial forums with powers under the Civil Procedure Code. Their primary functions include adjudicating industrial disputes referred by the Government and handling monetary claims.

After 45 days from submitting an application under section 2A(1), an individual worker can approach the Labour Court for adjudication. For collective disputes under section 2k, the Labour Court or Tribunal acts upon references made by the Government under section 10.

Regarding the engagement of advocates, neither workers nor employers can have legal representation during conciliation proceedings as per Section 36(3) of the Industrial Disputes Act. However, Section 36(4) allows advocates in proceedings before a Labour Court or Tribunal with the consent of the other party and the court's permission.

Please let me know if you need further clarification or assistance.

Best regards

If you have a grievance regarding the subject mentioned by Shri Umakanthan in the post above, you can lodge a complaint with the Labor Office. If your monthly income exceeds Rs. 18,000, you are not eligible to file a complaint with the Labor Office; instead, you can pursue the matter in Civil Court by initiating a civil suit. However, for issues related to Gratuity, individuals can approach the Labor Office, as it is the appropriate authority to handle Gratuity Matters.

Thank you.

Dear Mr. Surjeet Singh, Incomplete or insufficient information can lead to confusion and multiple responses. Therefore, I kindly request you to share all the details of your queries or questions in one post to receive the appropriate and prompt response you are seeking.

Your intention to file a complaint against your employer is clear, but it is essential to understand the specifics of the issue you have encountered. Please share with us the reasons behind your desire to file a complaint.

It appears that you have already received answers to your questions, including information on the procedures from Mr. Bhaskar and Mr. Umakanthan. However, if you are considering filing a complaint or seeking assistance from the labor department or legal counsel, it is advisable to discuss your concerns with us first. This will enable us to guide you effectively.

Rest assured, we are here to provide you with the necessary help, advice, and information relevant to your case.

Understanding both the employee's (your) perspective and that of the employer is crucial for offering professional advice and insights that can benefit not only you but others as well.

Please feel free to share your problems or case with us, so that we can provide you with the appropriate assistance.

Thank you.

I believe you would agree that whenever an executive from a specific branch of any discipline requires clarification on an issue, it is essential for them to conduct some research on the subject beforehand. This preparation allows their mind to be more open and receptive to understanding the answers correctly.

Grievance Redressal Under the Industrial Disputes Act

Regarding your recent query about employment, the type of grievance and employment status determine the appropriate forum for seeking redress. Under the Industrial Disputes Act, if you wish to address grievances related to your employment, non-employment, or employment conditions, you must meet the definition of a workman as outlined in section 2(s) of the Act. Whether you wear a blue or white collar is irrelevant; however, if you hold a supervisory position with a monthly salary exceeding Rs. 10,000, you are not considered a workman.

Labor Laws and Employment Status

Certain labor laws, such as the State Shops and Establishment Acts, the Payment of Bonus Act of 1965, and the Payment of Gratuity Act of 1972, focus solely on the aspect of "being employed" without considering other factors. Therefore, if you fall into the category of a "Gold Collar Employee" and do not fit the definition of a workman as described by the Supreme Court of India, your recourse would be through civil remedies. I hope this clarifies any doubts you may have.

Best regards,
[Your Name]

As rightly said by Mr. Varghese Mathew, there is no relevance in the salary ceiling. Every employee has the right to complain to the Labour Officer, either of the State or Central, and raise the dispute either in person or through a union member, for which they are a member as per the provisions of the Industrial Disputes Act, 1923. Recently, one of our seniors who was drawing Rs. 60,000/- approached the Labour Department and settled the matter through the Labour Commissioner.

Regards,
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels)
Labour Laws Consultant

Good afternoon, sir,

I am a website developer in a company in Noida, and my salary has been stopped for 4 months. I am requesting my full salary, but the company claims that they have no funds to pay salaries.

Please advise me on how and where to file a complaint so that I can receive my salary.

Ashok Singh (Noida)

Please file a claim under Section 15 of the Payment of Wages Act, 1936 before the Authority designated under the Act (usually the Deputy Labour Commissioner for the area) if your monthly salary is Rs.18,000 or less. Alternatively, file a claim under Section 33C(1) of the Industrial Disputes Act, 1947 before the Government of Uttar Pradesh or the Central Government, depending on the State where your workplace is located.