Introduction: The Everyday Face of Workplace Injustice
Work is not merely a source of income; it is deeply connected to dignity, security, identity, and survival. In India, millions of workers—whether in factories, offices, schools, hospitals, shops, warehouses, or app-based services—depend on employment for their livelihood. Yet, despite a comprehensive legal framework, workplace grievances remain one of the most common and most neglected forms of injustice.
From delayed salaries and wrongful termination to workplace harassment and denial of statutory benefits, labour disputes have become increasingly visible in the post-2025 labour code regime. Since the implementation of India’s four labour codes in late 2025 and the continued rollout of draft central rules through 2026, both workers and employers are facing a major transition in rights, obligations, and dispute resolution mechanisms. This blog aims to provide a practical legal guide to workplace grievances and labour rights in India.
Part I – Understanding Workplace Grievance:
A workplace grievance means any complaint, dissatisfaction, or legal wrong suffered by an employee in relation to employment.
It may arise from:
non-payment of wages
illegal deductions
harassment
discriminatory treatment
denial of leave
forced overtime
termination without notice
unsafe workplace conditions
denial of maternity benefits
denial of social security contributions
In simple legal language, it is a violation of contractual, statutory, or constitutional labour rights.
A grievance may begin as a workplace issue but quickly becomes a legal dispute when the employer fails to redress it.
Part II – The New Labour Law Framework in India (2026):
India’s labour law system has undergone one of the biggest reforms in recent decades.
The earlier fragmented regime of 29 major labour laws has been consolidated into four labour codes, which were brought into effect from November 2025 and continue to be operationalized through 2026 rules and notifications.
These are:
1. Code on Wages, 2019
Focuses on:
minimum wages
timely payment
bonus
equal remuneration
2. Industrial Relations Code, 2020
Focuses on:
industrial disputes
layoffs
retrenchment
standing orders
strikes
grievance redressal
3. Code on Social Security, 2020
Covers:
EPF
ESI
gratuity
maternity benefits
gig worker welfare
4. Occupational Safety, Health and Working Conditions Code, 2020
Covers:
safety
working hours
leave
welfare conditions
health standards
These codes now form the backbone of labour rights in India.
Part III – Most Common Workplace Grievances in India:
1. Non-Payment or Delay of Salary
This is one of the most common legal grievances.
Employees often face:
salary delays for months
partial salary release
unlawful deductions
withholding final settlement
Under the Code on Wages, 2019, wages must be paid within the prescribed time and dues on resignation/termination are required to be cleared quickly under the notified rules.
Legal remedy:
complaint before Labour Commissioner
recovery application
industrial dispute reference
civil claim in certain cases
2. Illegal Termination / No Notice Termination
Termination without:
reason
notice
compensation
domestic inquiry
may be legally challengeable.
This is especially important where the worker is:
permanent
fixed term
protected under standing orders
The Industrial Relations Code, 2020 governs such disputes.
A termination that violates principles of natural justice may be set aside.
3. Overtime Without Pay
Many workers are made to work:
beyond 8 hours
night shifts
holiday shifts
without proper overtime wages.
The new labour framework recognizes overtime and linked wage calculations. This is particularly relevant in:
factories
BPOs
warehouses
retail outlets
4. Workplace Harassment
This includes:
sexual harassment
verbal abuse
humiliation
intimidation
mental harassment
For women employees, the applicable law remains the POSH Act, 2013 alongside employment law protections.
Internal Committees must function effectively.
Failure to constitute such committees itself may create legal liability.
5. Denial of PF, ESI, Gratuity
Many employers deduct from salaries but fail to deposit contributions.
This creates serious legal consequences.
Under the Code on Social Security, 2020, such violations can be challenged.
6. Unsafe Working Conditions
Unsafe machinery, poor ventilation, lack of washrooms, absence of safety gear, and over-crowded workplaces are labour law violations.The OSHWC Code, 2020 directly governs this.
Part IV – Rights of Employees Under Labour Law:
Every employee must know these basic rights.
Right to Fair Wages
No employer can pay below statutory minimum wages.
Right to Timely Payment
Salary delay is not merely an HR issue—it may be a legal wrong.
Right Against Unfair Dismissal
Dismissal must follow due process.
Right to Safe Workplace
This includes physical and mental safety.
Right to Equality
No discrimination based on gender, caste, religion, or disability.
This is also linked with Article 14 and Article 16 of the Constitution of India.
Right to Social Security
PF, ESI, gratuity, insurance, and maternity benefits.
Part V – Practical Step-by-Step Legal Remedies:
This is the most important section for a practical blog.
Step 1 – Internal Complaint
First raise complaint with:
HR
grievance officer
manager
internal committee
Always keep written proof.
Email is best.
Step 2 – Send Legal Notice
If ignored, send a legal notice through an advocate.
This puts the employer on formal legal notice.
Step 3 – Labour Commissioner Complaint
A complaint can be filed before labour authorities.
This is one of the fastest remedies.
Step 4 – Conciliation Proceedings
For industrial disputes, conciliation is often mandatory.
The officer attempts settlement.
Step 5 – Tribunal / Labour Court
If settlement fails, dispute may proceed before Industrial Tribunal.
Step 6 – Writ Petition
In cases involving public authorities, government employers, or violation of fundamental rights, writ jurisdiction under Article 226 may be invoked.
Part VI – Rights of Gig and Platform Workers :
This is a trending and highly relevant labour law topic.
The Social Security Code extends recognition to gig and platform workers.
Examples:
delivery workers
app drivers
freelance service providers
This is a major shift in Indian labour jurisprudence.
Part VII – Legal Challenges in the New Labour Codes:
There is significant debate.
Trade unions and labour rights groups have raised concerns regarding:
ease of termination
threshold changes
strike restrictions
longer work hours
employer flexibility
Part VIII – Constitutional Perspective:
Labour rights are also linked with constitutional rights:
Article 14 – Equality
Article 19(1)(c) – Right to form unions
Article 21 – Right to livelihood and dignity
Article 23 – Prohibition of forced labour
This makes labour law a constitutional issue as well.
Part IX– Important Legal Questions (Q&A Format)
Q1. Can salary be withheld after resignation?
No, final settlement must be made according to law and contract.
Q2. Can an employer terminate without notice?
Only as per law, contract, and due process.
Q3. What if PF is deducted but not deposited?
Complaint before EPFO / labour authorities.
Q4. What if workplace harassment complaint is ignored?
Approach Local Committee / legal authority.
Q5. Are gig workers protected?
Increasingly yes, especially under social security reforms.
Part X – Conclusion:
The biggest challenge in India is not the absence of law.The real problem is systemic failure in enforcement.
When salary is withheld, when harassment is ignored, when workers are dismissed without process, the legal system must step in.
The labour codes of 2025–26 promise modernization, simplification, and better rights protection. But rights become meaningful only when workers know how to enforce them.
A right without an effective remedy is only a promise on paper.
That is why legal awareness is the first step toward workplace justice.
Disclaimer:
This blog is intended for informational and educational purposes only. It does not constitute legal advice, legal opinion, or a substitute for professional consultation.
