How to File a Labour Complaint in India

You can file a labour complaint in India by approaching the Labour Commissioner's office in your district, filing online through the SAMADHAN portal (clc.gov.in), or directly approaching the Labour Court under Section 2A of the Industrial Disputes Act, 1947. The Labour Commissioner will attempt to mediate and resolve the dispute through conciliation. If conciliation fails, the matter is referred to the Labour Court or Industrial Tribunal for adjudication.

Why this matters

Every year, millions of Indian workers face workplace violations — unpaid wages, illegal termination, denial of benefits, unsafe working conditions, and harassment. Yet only a small fraction file formal complaints because many do not know the process or fear retaliation. The labour complaint system in India is designed to be accessible to ordinary workers, often without requiring a lawyer. Filing a complaint is free, and the system includes conciliation (mediation) as a first step to resolve disputes quickly.

When should you file a labour complaint

You should consider filing a labour complaint in any of these situations:

• Your employer has not paid your salary, overtime, or bonus
• You have been terminated without notice or proper compensation
• Your employer is not depositing your PF, ESI, or gratuity contributions
• You face unsafe or unhealthy working conditions
• You are being forced to work beyond statutory working hours without overtime pay
• Your employer is making illegal deductions from your salary
• You have been denied maternity leave or other statutory benefits
• You have been retrenched without following LIFO or without government permission (where required)
• You are facing workplace harassment or discrimination

Important: Labour complaints are different from POSH complaints (sexual harassment at workplace). For sexual harassment, you must first approach the Internal Complaints Committee (ICC) of your organisation. See our separate guide on workplace sexual harassment.

Step-by-step: How to file a labour complaint

Step 1: Gather your documents

Before filing, collect the following:

• Appointment letter or offer letter
• Salary slips or bank statements showing payment (or non-payment)
• Termination letter (if terminated)
• Employment contract
• ID proof (Aadhaar, PAN, or voter ID)
• Any written communication related to your grievance (emails, WhatsApp messages, letters)
• Details of your employer: company name, registered address, contact details

Step 2: Identify the right authority

For central government establishments (companies registered under central acts, establishments under central government control): File with the Central Labour Commissioner through the SAMADHAN portal (clc.gov.in).

For state government establishments (most private companies, shops, commercial establishments): File with the State Labour Commissioner or the Assistant Labour Commissioner of the district where you work. Find your state's labour department through an internet search for "[your state] labour department complaint."

For specific acts: If your complaint relates to a specific statute (Payment of Wages Act, Minimum Wages Act, EPF Act), you can also file directly with the Inspector or Authority appointed under that Act.

Step 3: File the complaint

Online (Central establishments): Visit clc.gov.in, register on the SAMADHAN portal, and file your grievance. You will need to provide your employer's details, the nature of the complaint, and supporting documents.

Online (State establishments): Many states have their own online portals. Maharashtra has mahakamgar.maharashtra.gov.in, Karnataka has karmikaspandana.karnataka.gov.in, and Delhi has labour.delhi.gov.in. Check your state's portal.

In person: Visit the office of the Labour Commissioner or Assistant Labour Commissioner in the district where your workplace is located. Bring your documents and a written complaint (in Hindi, English, or the state language). No stamp paper or court fee is required.

By post: You can also send your complaint by registered post to the Labour Commissioner's office. Keep the postal receipt as proof.

Step 4: Conciliation proceedings

After receiving your complaint, the Labour Commissioner (or Conciliation Officer) will issue a notice to your employer, typically within 7-14 days. Both parties are called for a conciliation hearing. The Conciliation Officer attempts to mediate and reach a settlement.

In practice: Conciliation is the fastest route to resolution. Many disputes are settled at this stage because employers prefer to avoid the cost and publicity of labour court proceedings. Bring all your documents to the conciliation hearing.

Step 5: If conciliation fails — Labour Court

If conciliation does not result in a settlement within 14 days (or such extended period), the Conciliation Officer sends a "failure report" to the government. The government then refers the dispute to the Labour Court or Industrial Tribunal.

Alternative direct route: Under Section 2A of the Industrial Disputes Act, you can also directly approach the Labour Court without going through conciliation, especially for individual disputes like termination or recovery of dues. This is particularly useful if conciliation has failed or if you want to bypass it.

Step 6: Labour Court proceedings

The Labour Court hears both sides, examines evidence, and passes an award. The award is binding on both parties. If the court finds in your favour, it can order reinstatement, payment of back wages, payment of dues, or compensation.

What if things go wrong

If the Labour Commissioner does not act on your complaint

Follow up in writing. If there is still no action, you can escalate to the Chief Labour Commissioner (for central establishments) or the Secretary of the Labour Department of your state. You can also file an RTI application asking for the status of your complaint.

If your employer retaliates after you file a complaint

Retaliation for filing a lawful complaint is itself an unfair labour practice. If you are terminated, harassed, or demoted after filing a complaint, inform the Labour Commissioner immediately. This strengthens your case and the labour court can take a dim view of retaliatory action.

If you need a lawyer but cannot afford one

Labour courts are designed to be worker-friendly and you can represent yourself. However, if your case is complex, you can get a free lawyer through the National Legal Services Authority (NALSA). Call 15100 or visit your district Legal Services Authority office. Income eligibility limits apply, but they are fairly generous for working-class individuals.

If the Labour Court award is not enforced

If the employer does not comply with the Labour Court award, you can apply for execution of the award. Under Section 33C of the Industrial Disputes Act, the court can calculate and direct payment of specific amounts due. Failure to comply with a Labour Court award is a criminal offence.

Documents and resources you need

• SAMADHAN portal (Central): clc.gov.in
• State labour department portals: Search "[your state] labour department online complaint"
• Shram Suvidha Portal: shramsuvidha.gov.in (compliance and establishment details)
• EPFO grievance portal: epfigms.gov.in (PF-related complaints)
• ESIC portal: esic.nic.in (ESI-related complaints)
• NALSA helpline: 15100 (free legal aid)
• National Human Rights Commission: nhrc.nic.in or call 14433 (if rights violations are involved)
• Labour Court address: Available from the Labour Commissioner's office or your state's district court website

Common myths

Myth: Only factory workers can file labour complaints. Reality: Any employee — whether in a factory, office, shop, commercial establishment, IT company, startup, or educational institution — can file a labour complaint. The Industrial Disputes Act covers "workmen" (broadly, non-managerial employees), but the Shops and Commercial Establishments Act, Payment of Wages Act, and other statutes have broader coverage.

Myth: You need a lawyer to file a labour complaint. Reality: Labour courts are specifically designed to allow workers to represent themselves. The procedures are simpler than civil courts, and the Conciliation Officer and Labour Court are expected to assist unrepresented workers in presenting their case. Many successful complaints are filed and argued by workers themselves.

Myth: Filing a complaint will take years to resolve. Reality: Conciliation (the first step) typically takes 14-45 days. Many complaints are resolved at this stage. If the matter goes to the Labour Court, it can take 1-3 years for a final award, but interim relief (like continuation of wages) can be obtained earlier. The process is significantly faster than civil courts.

Myth: You cannot file a complaint if you don't have a written contract. Reality: The absence of a written employment contract does not prevent you from filing a complaint. Any evidence of employment — salary slips, bank transfers, emails, attendance records, ID cards, colleague testimony — can establish the employment relationship.

The law behind this

Note: The four Labour Codes (Code on Wages, Industrial Relations Code, Code on Social Security, and Occupational Safety Code) have been passed by Parliament but NOT notified into force as of March 2026. The existing laws continue to apply.

Frequently asked questions

How much does it cost to file a labour complaint? Filing a complaint with the Labour Commissioner is completely free. There is no court fee, stamp duty, or filing charge. If the matter is referred to the Labour Court, some states charge a nominal fee (Rs 10-100), but this is often waived for workers. Free legal aid is available through NALSA (call 15100).

Can I file a labour complaint anonymously? Anonymous complaints are generally not entertained because the Labour Commissioner needs to identify the complainant and the employer. However, in some states, the labour department accepts anonymous tips about violations (like non-payment of minimum wages or child labour) and conducts suo motu inspections.

What if my employer is in a different city or state? File the complaint in the jurisdiction where you actually worked, not where the company is registered. If you worked in Mumbai, file with the Mumbai Labour Commissioner even if the company is registered in Delhi. For central government establishments, the SAMADHAN portal allows filing from anywhere.

Can I file a complaint after I have left the company? Yes. You can file a complaint for dues owed, illegal termination, or retrenchment compensation even after leaving. While there is no strict limitation period under the Industrial Disputes Act, courts expect complaints to be filed within a reasonable time — ideally within 1-3 years of the event. For claims under the Payment of Wages Act, the limit is 12 months.

Can a group of employees file a joint complaint? Yes. A collective dispute involving multiple employees can be filed through their trade union or as a joint complaint. The Industrial Disputes Act specifically recognises disputes raised by trade unions on behalf of workmen. Even without a union, multiple employees can file individual complaints that are heard together.