Most employees discover their rights only at the worst possible moment — when they're fired, when wages stop, when a benefit is denied. By then, the panic question is the same: who do I even complain to? The good news is that India has a structured, free-to-access system for enforcing your rights as a worker, and it was rebuilt in late 2025 to give individual employees more direct access than ever before. The catch is that almost every guide online still describes the old system. This one explains how it actually works now, and the exact route from grievance to remedy.
Quick answer: If your employer violates your rights, you don't go to a regular court first — you use the labour machinery. Start with your workplace Grievance Redressal Committee (mandatory where 20+ workers), then approach the Labour Commissioner / Conciliation Officer (or file online), and if unresolved, the Industrial Tribunal. Under the Industrial Relations Code, 2020 (in force from 21 November 2025), an individual worker can now take a dispute — including dismissal or unpaid dues — to the Tribunal directly, without needing a union, and can approach the Tribunal 45 days after applying for conciliation. For termination cases, file within two years.
Central or State: who handles your case?
The first thing to know is that the right authority depends on your employer, not on you. This is the "appropriate Government" rule:
- Central sphere — railways, mines, major ports, banking, insurance, telecom, oilfields, and central public sector undertakings go to the Central machinery, headed by the Chief Labour Commissioner (Central).
- State sphere — almost every other private establishment goes to your state's Labour Department and its Labour Commissioner.
- Contract labour — whichever government controls the establishment where the dispute arose.
File in the wrong jurisdiction and your case stalls before it starts, so this is the section to get right first. (A quick note on terminology: people search for a "Labour Commission," but the bodies that actually help you are the Labour Commissioner's office, the Conciliation Officer, and the Industrial Tribunal.)
What the Labour Commissioner actually does
The Labour Commissioner heads the labour department and wears several hats: enforcing labour laws through inspections, registering trade unions, administering welfare, and — most relevant to you — running conciliation of disputes through Conciliation Officers. Think of the office as both the regulator that polices employers and the first official doorway through which a worker's complaint enters the system.
The three-tier system, step by step
The dispute machinery has three levels, and you generally climb them in order:
Tier 1 — In-house forums (settle it at work). Establishments with 100 or more workers have a Works Committee; those with 20 or more workers must have a Grievance Redressal Committee (GRC) for individual disputes. The GRC has equal worker and employer representation (with proportionate representation of women) and must decide a grievance within 30 days. This is where many issues are meant to be resolved first.
Tier 2 — Conciliation (a government mediator steps in). If the GRC fails, the matter goes to a government-appointed Conciliation Officer, who mediates between you and the employer and has civil-court powers to summon people and documents. If a settlement is reached, a signed memorandum is binding; if not, the officer records a failure of conciliation. Note that the old Board of Conciliation has been abolished, and a conciliation officer cannot hold proceedings beyond two years from when the dispute arose.
Tier 3 — Adjudication (a tribunal decides). Unresolved disputes go to the Industrial Tribunal, now a two-member body (a Judicial Member and an Administrative Member). The Code abolished the old Labour Courts and merged their work into this streamlined tribunal, with a National Industrial Tribunal for disputes that span states. The Tribunal hears evidence and passes a binding award.
The big 2026 change: direct access for individuals
This is what makes the new system genuinely more worker-friendly, and it's the part worth highlighting. The Industrial Relations Code now treats an individual worker's dismissal, discharge, retrenchment, or termination as an industrial dispute in its own right — so you get direct access to the dispute forums without needing a union to take up your cause. And the old requirement that the government "refer" your dispute (a slow, discretionary bottleneck) is gone: you can apply directly to the Industrial Tribunal 45 days after you applied to the Conciliation Officer, if the matter isn't resolved. For an ordinary worker fighting a wrongful termination, that's a far shorter, more certain path than the system it replaced.
How to file a complaint
- Raise it internally first — through your Grievance Redressal Committee (if your workplace has 20+ workers), in writing.
- Prepare a written complaint stating the employer's name, your employment details, the violation, the relevant dates, and the relief you want (reinstatement, unpaid wages, dues).
- Approach the Labour Commissioner / Conciliation Officer with the complaint and supporting documents — your appointment letter, payslips, the termination letter, communications.
- File online where available — the central SAMADHAN portal handles industrial disputes in the central sphere, and most states run their own labour grievance portals.
- Attend conciliation — if it settles, get the memorandum; if it fails, get the failure report.
- Escalate to the Industrial Tribunal — directly after 45 days, or within 90 days of a failure report (within the overall 2-year window for termination).
💡 Keep every document. Your appointment letter, payslips, and the termination letter prove your length of service and your dues — they decide the case more than arguments do.
Where wage, PF, and harassment claims go
Not every complaint goes through conciliation and the Tribunal — match the claim to the forum:
- Unpaid wages or bonus → the authority appointed under the Code on Wages, 2019 (a dedicated wage-claims route), with an appeal.
- Provident fund → the EPFO grievance system (EPFiGMS).
- ESI benefits → the ESIC grievance channel.
- Sexual harassment → your workplace Internal Committee under the POSH Act, then the Local Committee / appeal.
Using the right forum for the right claim avoids months of delay.
The deadlines you can't miss
⚠️ Limitation matters. A termination dispute must reach the Tribunal within two years of the dismissal, discharge, retrenchment, or termination. Miss it, and you can lose the right to be heard, however strong your case. Don't let a delayed conciliation lull you past the deadline.
Worked example
A worker at a private manufacturing company in Maharashtra (state sphere) is dismissed without a fair process. She first raises it before the company's Grievance Redressal Committee (the firm has over 20 workers); it isn't resolved in 30 days. She files a written complaint with the state Conciliation Officer under the Labour Commissioner, attaching her appointment letter, payslips, and termination letter. Conciliation fails. Because her dismissal is now a directly actionable individual dispute, she applies to the Industrial Tribunal — well within the two-year limit — which hears both sides and passes an award. No union required, no government reference, no civil-court detour.
Common mistakes
- Going to a regular civil court first. Labour disputes go through the labour machinery, not ordinary courts.
- Filing in the wrong jurisdiction. Central-sphere employers go to the central machinery; most others to the state.
- Skipping the GRC step where it applies.
- Missing the 2-year limit on termination disputes.
- Losing documents. Your paper trail proves service and dues.
Checklist
- Identify whether your employer is in the central or state sphere.
- Raise the grievance with your Grievance Redressal Committee first.
- Prepare a written complaint with dates, the violation, and the relief sought.
- File with the Labour Commissioner / Conciliation Officer (or the online portal).
- Match special claims to their forum (wages, PF, ESI, POSH).
- Escalate to the Industrial Tribunal within the deadline (2 years for termination).
Frequently asked questions
Who do I complain to if my employer violates my rights? Start with your workplace Grievance Redressal Committee, then the Labour Commissioner / Conciliation Officer, and if unresolved, the Industrial Tribunal — not a regular civil court.
Can I file a labour case without a union? Yes. Under the Industrial Relations Code, 2020, an individual worker can take a dispute, including termination, directly to the forums without union backing.
Is there an online way to file a labour complaint? Yes. The central SAMADHAN portal handles central-sphere industrial disputes, and most states have their own labour grievance portals; availability varies by state.
What is the time limit to challenge a wrongful termination? Generally within two years of the dismissal, discharge, retrenchment, or termination.
Where do unpaid-wage complaints go? To the authority under the Code on Wages, 2019 — a dedicated wage-claims route separate from the Tribunal.
This article is for legal awareness and education only and is not legal advice. State rules under the new labour codes are still being finalised and online systems vary by state; confirm your state's process or consult a qualified advocate.