Labour Department Complaint Against Employer: Salary, PF, Gratuity

If salary is unpaid for more than 7 days after the wage period, file a claim under the Payment of Wages Act 1936 §15 with the jurisdictional Labour Commissioner. If PF contributions are missing, raise an EPFiGMS grievance and demand a §7A inquiry. If gratuity is delayed beyond 30 days from leaving, send Form I to the employer and Form N to the Controlling Authority under the Payment of Gratuity Act 1972 §7. Forced resignation, refusal of relieving letter, and contract labour wage cuts are all separately actionable. File a parallel RTI to the Labour Commissioner under RTI Act 2005 §6(1) to extract the inspection register.

A labour department complaint is a written grievance filed with the office of the State or Central Labour Commissioner against an employer for violating wage, social security, working condition, or termination rules. It is heard by an Assistant Labour Commissioner, Conciliation Officer, or a designated authority under the relevant Act. It is a quasi-judicial process that can recover money and impose penalties without going to a civil court.

India does not have a single labour law. Your complaint lives at the intersection of several statutes. As of 2026 the four Labour Codes (Code on Wages 2019, Industrial Relations Code 2020, Code on Social Security 2020, Occupational Safety, Health and Working Conditions Code 2020) have been enacted but only partial sections have been notified in most states, so the pre-Code Acts still operate alongside the Codes. Pick the Act that fits your fact pattern.

Payment of Wages Act 1936 governs timely payment for workers drawing wages up to ₹24,000 per month (notified ceiling, October 2017). §4 fixes the wage period, §5 requires payment by the 7th of the next month for establishments with under 1,000 workers and the 10th otherwise, §7 lists permitted deductions, and §15 lets a worker file a claim before the prescribed authority for any unpaid amount or illegal deduction.

Minimum Wages Act 1948 §20 lets a worker recover the difference if wages fall below the state notification for the scheduled employment.

Industrial Disputes Act 1947 §25F lays down the retrenchment compensation rule (one month notice or pay in lieu, plus 15 days average pay per completed year of continuous service) for workers who have completed 240 days. §25G mandates “last in, first out”. §25N requires prior government permission for retrenchment in any factory, mine, or plantation with 100 workers or more (the threshold rises to 300 once §77 of the Industrial Relations Code 2020 is notified in your state). Wrongful termination, lock out without notice, and unfair labour practice are listed in Schedule V.

Payment of Gratuity Act 1972 §4 makes gratuity payable to any employee who has rendered 5 years of continuous service on superannuation, retirement, resignation, death, or disablement (the 5 year condition is waived for death or disablement). §4(2) caps the rate at 15 days wages for every completed year of service, computed on the last drawn basic plus DA. §7(2) requires the employer to determine and pay gratuity within 30 days of it becoming payable; §7(3A) attaches simple interest if the employer delays without authority. §8 lets the Controlling Authority recover gratuity as arrears of land revenue. The 2018 amendment raised the tax free ceiling to ₹20 lakh.

Employees Provident Funds and Miscellaneous Provisions Act 1952 §6 fixes the 12 percent employer contribution, §7A empowers the EPF Commissioner to determine dues from a defaulting employer, and §14B lets the Commissioner levy damages up to 100 percent of the arrears. Non-deposit of the employees share that has been deducted from wages is treated as criminal breach of trust under the Bharatiya Nyaya Sanhita 2023 §316 (which replaced IPC §405 and §406 from 1 July 2024). See Som Prakash Rekhi v. Union of India (1981) 1 SCC 449 and Regional PF Commissioner v. Hooghly Mills (2012) 2 SCC 489 on the Commissioner's recovery powers.

Contract Labour (Regulation and Abolition) Act 1970 §21 makes the principal employer liable if the contractor fails to pay wages to a contract worker engaged in the principal employer's establishment.

Sexual Harassment of Women at Workplace (POSH) Act 2013 routes harassment grievances through the Internal Committee under §4 and the Local Committee under §6 if no IC exists.

Employees Compensation Act 1923 (the renamed Workmen's Compensation Act) covers death and disablement arising out of employment for workers outside the ESI scheme.

RTI relevance. All Labour Commissioner offices, EPFO regional offices, Controlling Authorities under the Gratuity Act, and DGFASLI inspectorates are public authorities under RTI Act 2005 §2(h). You can ask for the inspection register entry for your employer, the complaint diary number, the §7A order, the gratuity payment register, and the conciliation officer's daily diary. Most states also publish a “labour court cause list” that you can demand under §4(1)(b).

This is the order in which a working adult with a half charged phone should act today.

1. Minute 0 to 5. Open your bank statement and circle the missing salary credit dates. Screenshot the EPFO passbook from the UMANG app or the EPFO Member portal. Save your appointment letter, the last salary slip you actually received, and any WhatsApp chat where HR or the founder acknowledged the dues.
2. Minute 5 to 15. File an EPFiGMS grievance at https://epfigms.gov.in. Pick “Employer”, enter the PF establishment code from your slip, select the category “PF not deposited” or “KYC not approved”, attach the passbook screenshot, and download the registration number. This creates a paper trail at the EPFO regional office in 60 seconds.
3. Minute 15 to 25. Log in at the SHRAM SUVIDHA portal https://shramsuvidha.gov.in and file the “Online Labour Complaint” under your state. If your state still uses a separate portal (Karnataka KCOMP, Maharashtra MahaKamgar, Delhi DLC e-Shram, Tamil Nadu LabourCom, Telangana LabourDept) file there instead. Choose the violation category (non payment of wages, illegal deduction, termination without notice, denial of gratuity, sexual harassment) and upload the same evidence pack.
4. Minute 25 to 30. Send a WhatsApp message to HR or the registered employer email that quotes §15 of the Payment of Wages Act 1936 and gives 15 days to pay. Keep the language calm and factual. Save the read receipt. This is the precursor to the legal notice you will send on Day 8 if there is no movement.

The strength of a labour complaint is decided by the documents you attach.

• Appointment letter or offer letter (signed copy).
• Latest salary slip showing CTC, basic, HRA, deductions, PF UAN, and ESIC number.
• Bank statement covering the disputed period; highlight missing or short credits.
• EPFO passbook PDF (download from passbook.epfindia.gov.in).
• Form 16 or annual tax statement that shows declared salary versus actually paid.
• Attendance proof: biometric punches, swipe card log, leave tracker screenshot, work emails by date.
• WhatsApp, email, or letter trail with HR or the employer.
• For gratuity, the date of joining and date of leaving, plus the last drawn basic plus DA.
• For forced resignation, the resignation letter text (note any “as discussed” or “with immediate effect” language), the chat where the manager asked you to resign, and the dates of any HR meeting where you were not allowed a witness.
• For contract labour, your ID card issued by the contractor, the principal employer's name board photograph, and the muster roll number.
• For sexual harassment, the dated description of incidents, names of witnesses, and any HR acknowledgement of an IC complaint.

Number every page, name the file with date and short tag, and keep two cloud copies. If you ever need to file an FIR for §316 BNS criminal breach of trust, the police will ask for the same pack.

The State Labour Commissioner is the first stop for unpaid wages, illegal deductions, bonus denial, leave encashment, and wrongful termination in shops, factories, and most establishments. File at:

• SHRAM SUVIDHA Unified Portal: https://shramsuvidha.gov.in (e-grievance module).
• State labour portal: Karnataka https://kcomp.karnataka.gov.in, Maharashtra https://mahakamgar.maharashtra.gov.in, Delhi https://labour.delhi.gov.in, Tamil Nadu https://labour.tn.gov.in, Telangana https://labour.telangana.gov.in, Uttar Pradesh https://uplabour.gov.in.
• Offline: Walk into the Office of the Assistant Labour Commissioner (ALC) for your zone with a typed complaint in duplicate. Get the diary number stamped on your copy.

Track the complaint with the diary number. If there is no movement in 30 days, file a reminder marked “absence of action under §22A Code on Wages Rules 2020 (or §15 Payment of Wages Act 1936)” and copy the Joint Labour Commissioner.

• EPFiGMS: https://epfigms.gov.in for grievance.
• Member portal: https://unifiedportal-mem.epfindia.gov.in to check passbook and raise KYC.
• Section 7A inquiry: Write a formal letter to the Regional Provident Fund Commissioner asking for determination of dues for your establishment code for the period of default. Cite EPF Act 1952 §7A and §14B.
• Recovery: Once §7A order is passed, the Recovery Officer can attach the employer's bank account under §8B to §8G of the Act.

• Step 1. Send Form I to the employer within 30 days of gratuity becoming payable. The employer must compute and pay within 30 days of Form I.
• Step 2. If unpaid or short paid, file Form N before the Controlling Authority (usually the ALC or Deputy Labour Commissioner) within 90 days. Late applications can be condoned for sufficient cause.
• Step 3. The Authority issues notice in Form O, holds an inquiry, and passes an order in Form R. Interest under §7(3A) runs from the date gratuity became payable.
• Appeal. Form J to the Appellate Authority within 60 days of the order, with a deposit of the disputed amount.

If your slip shows ESIC deduction, raise a parallel grievance at https://esic.gov.in or call helpline 1800-11-2526. Treatment denial and IP card issues are separately filed.

For retrenchment without notice, illegal lockout, or unfair labour practice, the route is conciliation before the Labour Commissioner under Industrial Disputes Act 1947 §12, followed by reference to the Industrial Tribunal under §10 if conciliation fails. File the §2A application within 3 years of the dispute.

If the employer deducted your share of PF or your TDS from the salary slip but never deposited it, that is criminal breach of trust under BNS §316 (replaces IPC §405 and §406 from 1 July 2024). File an FIR through the Bharatiya Nagarik Suraksha Sanhita 2023 §173 (replaces CrPC §154). The IO can seek a magistrate's direction under BNSS §175(3) if the police refuse.

For central public sector employers and central labour offices, escalate to https://pgportal.gov.in. The Central Labour Ministry and Department of Personnel and Training read CPGRAMS reminders.

Filing an RTI alongside the labour complaint moves files. The reason is simple. A grievance lives in an officer's inbox, an RTI lives in a register that is audited. Most labour offices reply to the RTI before the grievance because §7(1) puts them on a 30 day clock.

Send the RTI to the Public Information Officer of the jurisdictional Labour Commissioner office. Ask for:

1. A copy of the inspection register entry for the employer (with the establishment registration number you provide), for the last 24 months. Cite §4(1)(b)(xvii) on suo motu disclosure.
2. The number of complaints received against the establishment in the same period and the action taken, in tabular form.
3. The §12 conciliation officer's daily diary entry for your complaint diary number, with date of notice issued to the employer.
4. The certified copy of the order under Payment of Wages Act §15 if any has been passed.

Where the answer touches “third party information” the officer may invoke §11. Most wage and PF disclosure is held to be in larger public interest; cite Subhash Chandra Agarwal v. Indian National Congress CIC/AT/A/2008/00643 and Girish Ramchandra Deshpande v. CIC (2013) 1 SCC 212 where the line is drawn at personal information of third parties. Your own information is exempt from §8 anyway.

For PF, file a separate RTI to the Regional Provident Fund Commissioner asking for the date wise contribution remittance for your UAN, the establishment compliance status, and any §7A or §14B proceedings.

For gratuity, RTI the Controlling Authority for the gratuity register kept under Payment of Gratuity (Central) Rules 1972 Rule 4 and the list of pending Form N applications.

A 15 day legal notice is mandatory before a §22 Code on Wages 2019 claim and is good practice before any Industrial Disputes Act §2A reference. Send it through Registered Post with Acknowledgement Due and email. Keep the language factual.

LEGAL NOTICE UNDER PAYMENT OF WAGES ACT 1936 §15, EPF ACT 1952 §7A,
PAYMENT OF GRATUITY ACT 1972 §7, AND BHARATIYA NYAYA SANHITA 2023 §316

From: [Sender Name], [Address], [City PIN], [Email], [Mobile]

To:    1) [Employer Legal Name], [Registered Office Address], CIN: [CIN]
       2) [Director or Authorised Signatory Name], [Designation]

Date: [DD Month 2026]

Sir or Madam,

Under instructions from and on behalf of my client, [Sender Name],
who was employed with you as [Designation] from [DD-MM-YYYY] to
[DD-MM-YYYY] at a last drawn gross monthly salary of Rs. [Amount],
I serve upon you the following notice.

1. My client was paid no salary for the period [Period 1] and
   [Period 2], aggregating to Rs. [Amount A]. Despite written
   reminders dated [Date 1] and [Date 2], no payment has been made.

2. Your statutory contribution of 12 percent to the Employees
   Provident Fund Organisation against UAN [UAN Number] for the
   months [Month list] has not been remitted, although the matching
   employee share of Rs. [Amount B] was deducted from my client's
   wages. This conduct attracts BNS §316 read with EPF Act §14B
   and §14C.

3. Gratuity under the Payment of Gratuity Act 1972 §4 became payable
   to my client on [Date of Leaving] for [Number] completed years of
   continuous service. The statutory 30 day window under §7(2) has
   expired. Interest under §7(3A) is now accruing.

4. Your relieving letter and experience certificate have been
   withheld without lawful authority. Withholding is contrary to
   the terms of the appointment letter dated [Date] and is liable
   to be addressed in conciliation under Industrial Disputes
   Act 1947 §12.

You are hereby called upon, within FIFTEEN (15) days from receipt
of this notice, to:

  (a) pay Rs. [Total] by NEFT to [Account] [IFSC];
  (b) remit pending PF dues and produce the EPFO challan;
  (c) compute and pay gratuity in Form L; and
  (d) issue the relieving letter and experience certificate.

Failing compliance, my client will move:
   - the Labour Commissioner under Payment of Wages Act §15;
   - the EPFO under §7A and §14B for determination and damages;
   - the Controlling Authority under Payment of Gratuity Act §7
     in Form N;
   - the jurisdictional Magistrate for cognisance under BNS §316
     read with BNSS §175(3); and
   - the National Company Law Tribunal under the Insolvency and
     Bankruptcy Code 2016 §9 if the operational debt remains
     undisputed,

all at your cost, risk, and consequence, which please note.

[Sender Signature]
[Sender Name]
[Date]

A resignation signed under threat, with HR refusing to let the worker leave the room, or with the resignation letter pre drafted on company letterhead, is not a voluntary resignation in law. The remedy is to retract in writing within 7 days and treat the separation as termination under Industrial Disputes Act §2(oo). File a §2A reference for reinstatement and back wages. Document everything: CCTV footage request to the building, witness statements from colleagues, and timestamp on the email that delivered the typed resignation. See Vishakhapatnam Steel v. AP Dvairam 2003 (1) LLN 487 and Kothari Industrial Corp v. Union of India 1996 LIC 1638.

There is no statute that compels an experience letter in identical wording, but the duty to issue a service certificate flows from the contract of employment and Shops and Establishments Acts of most states (for example Karnataka Shops and Commercial Establishments Act 1961 §32). File a complaint with the Chief Inspector of Shops; copy the Labour Commissioner. Most employers issue a basic relieving letter once the legal notice is served.

If you are engaged through a contractor at a “principal employer” site (factory, mall, office park), the principal employer is jointly liable under Contract Labour (R&A) Act §21. Name both in the complaint. Ask the Labour Inspector to inspect the muster roll and wage register kept under Rule 78 of the Central Rules.

If a POSH complaint was followed by salary cut or termination, the wage retaliation is itself a violation of POSH Act §19(b) (employer duty to provide a safe workplace) and is treated as victimisation. File with the Internal Committee, and in parallel with the District Officer (Local Committee) under §6. The IC report timeline is 90 days under §11(1).

If the employer is in default and has stopped paying multiple workers, file under the Insolvency and Bankruptcy Code 2016 §9 as an operational creditor for the unpaid wages. Workmen dues for 24 months before insolvency commencement are at the top of the waterfall in §53(1)(b)(i).

• Waiting more than a year before filing a Payment of Wages claim. §15(2) gives only 12 months, although delays can be condoned for sufficient cause.
• Filing on the Consumer Forum. Employment disputes are excluded from the Consumer Protection Act because there is no “service” rendered for consideration in the consumer sense. Bangalore Water Supply v. A Rajappa (1978) 2 SCC 213 and Ganesh Mahadev Joshi v. Union of India 2007 (3) Mh.L.J. 832 make the line clear.
• Resigning before filing. The retrenchment compensation under §25F is only available to a workman who has not voluntarily quit. If forced to leave, document the coercion before sending the resignation.
• Forgetting that the Payment of Wages Act §15 has a wage ceiling of ₹24,000 per month. If your wage is above that, use the Industrial Disputes Act §2A route (still available for workmen) or move to civil court for the contractual claim.
• Treating “full and final settlement” forms as binding when signed under duress. The Supreme Court in State Bank of India v. Ramachandra Dubey (2001) 1 SCC 73 held that no waiver of a statutory right is valid.

Yes. The existence of an employer employee relationship can be proved by bank salary credits, salary slips, ID cards, attendance records, or emails. The lack of a written contract does not extinguish your statutory rights under the Payment of Wages Act 1936 §15 or the EPF Act 1952. The Labour Commissioner has consistently allowed parol evidence.

12 months from the date the wages became payable, under Payment of Wages Act 1936 §15(2). The authority can condone delay for sufficient cause. For PF, there is no statutory limitation on filing a grievance, although recovery beyond 5 years may face evidentiary issues. For gratuity, Form N is to be filed within 90 days of the cause of action under Rule 10 of the Central Rules, but delays are routinely condoned.

This is the strongest case under the EPF Act 1952. The employer share plus the deducted employee share both become recoverable through a §7A determination, with damages up to 100 percent under §14B and interest at 12 percent under §7Q. Non deposit of the deducted employee share is criminal breach of trust under BNS §316. File an EPFiGMS grievance and a separate RTI to the Regional PF Commissioner. Also file a written complaint to the Enforcement Officer who is required to inspect under §13.

No, except for death or disablement. The 5 year continuous service requirement under Payment of Gratuity Act 1972 §4(1) cannot be waived for resignation. “Continuous service” under §2A includes paid leave, lay off, and authorised absence; the Surendra Kumar Verma (1980) 4 SCC 443 ruling treats 240 days in a year as continuous service. Some employers voluntarily pay pro rata gratuity, but it is not a statutory entitlement before the 5th year.

You can mark a complaint to a Labour Inspector confidentially, and many state portals allow whistleblower filings, but the Authority cannot pass an order in your favour without you being a named party. The practical workaround is to file in your name and ask the officer for a “no contact with employer” direction during the inquiry under the Inspector's discretion. An RTI by definition discloses the requester to the PIO but not to the third party.

You can still recover. Founders and directors of a private limited company are personally liable for unpaid PF and ESIC under the respective Acts. Operational creditors can file under the Insolvency and Bankruptcy Code 2016 §9 for unpaid invoices of ₹1 crore or more after the threshold revision; for smaller sums, workmen file a winding up petition under the Companies Act 2013 §271, or a civil suit. The MSME Samadhaan portal is useful if the worker was on a contractor invoice rather than a salary roll.

A Payment of Wages §15 claim is statutorily expected to be decided in 3 months. In practice it ranges from 45 days (Delhi, Karnataka portals) to 9 months. A PF §7A inquiry runs around 6 months. A gratuity Form N is usually decided in 90 to 120 days. An Industrial Disputes §2A reference can run 18 months or more, but conciliation often settles in 60 days.

There is no formal blacklist. Background verification (BGV) agencies do flag “litigation against former employer” if the next employer asks, but this is not a legal disqualifier and is increasingly ignored by Indian recruiters. Document the cause of action carefully so that the next BGV call has a one line answer. Most workers who file labour complaints also continue interviewing in parallel and never face a real consequence.

The employer can file a civil suit, but Indian courts read non competes narrowly under the Indian Contract Act 1872 §27. Niranjan Shankar Golikari v. Century Spinning (1967) 2 SCR 378 and Percept D'Mark v. Zaheer Khan (2006) 4 SCC 227 hold that post termination restraints are invalid except for protection of confidential information. A non disparagement clause does not stop you from filing a statutory complaint.

Jurisdiction under Payment of Wages Act §15 lies with the authority where the wages were last payable, which is usually where the work was rendered. For PF the EPFO follows the establishment registration. Most state Labour Departments accept e-filing without strict jurisdictional objection. If the employer registered office is in Bengaluru but you worked from Bhubaneswar, you can file at either, with copies to the other.

• Payment of Wages Act 1936: https://labour.gov.in/sites/default/files/ThePaymentofWagesAct1936_0.pdf
• Minimum Wages Act 1948: https://labour.gov.in/sites/default/files/TheMinimumWagesAct1948_0.pdf
• Industrial Disputes Act 1947 (§25F to §25N): https://labour.gov.in/sites/default/files/TheIndustrialDisputesAct1947.pdf
• Payment of Gratuity Act 1972: https://labour.gov.in/sites/default/files/PaymentofGratuityAct1972.pdf
• Employees Provident Funds Act 1952: https://www.epfindia.gov.in/site_docs/PDFs/Acts/EPF_Act_1952.pdf
• Contract Labour (R&A) Act 1970: https://labour.gov.in/sites/default/files/the_contract_labour_regulation_and_abolition_act_1970.pdf
• POSH Act 2013: https://wcd.nic.in/sites/default/files/Sexual-Harassment-at-Workplace-Act.pdf
• Code on Wages 2019: https://labour.gov.in/sites/default/files/The_Code_on_Wages_2019.pdf
• Industrial Relations Code 2020: https://labour.gov.in/sites/default/files/IR_Gazette.pdf
• Code on Social Security 2020: https://labour.gov.in/sites/default/files/SS_Code_Gazette.pdf
• Bharatiya Nyaya Sanhita 2023: https://www.indiacode.nic.in/handle/123456789/20062
• SHRAM SUVIDHA portal: https://shramsuvidha.gov.in
• EPFiGMS: https://epfigms.gov.in
• EPFO Member portal: https://unifiedportal-mem.epfindia.gov.in
• ESIC portal: https://www.esic.gov.in
• CPGRAMS: https://pgportal.gov.in
• State Labour Commissioner directory: https://labour.gov.in/state-labour-commissioners

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