Rule 40: Complaint by aggrieved employee

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Rule 40 — Governs complaint by aggrieved employee and the rights, duties, powers or procedure expressly stated in this rule. Key operative text: (1) Every complaint of an aggrieved employee under section 91 of the Code shall be made in Form-XVI electronically, or by speed post and shall be accompanied by as many copies thereof for each of the opposite parties mentioned…

Full notified rule textG.S.R. 342(E), 8 May 2026Source checked: 20 August 2026

Rule status

Industrial Relations (Central) Rules, 2026 were finally notified under G.S.R. 342(E), 8 May 2026. The Central Rules must be read with the Code and any later amendment/corrigendum.

Official Gazette

Open the notified Rules ↗

Finin2min analysis — operative rule mechanics

Operative clauses

(1) Every complaint of an aggrieved employee under section 91 of the Code shall be made in Form-XVI electronically, or by speed post and shall be accompanied by as many copies thereof for each of the opposite parties mentioned in such complaint.
(2) Every complaint under sub-rule (1) shall be verified by the aggrieved employee making the complaint or by the authorised representative of such employee to the satisfaction of the conciliation officer, arbitrator, Tribunal or the National Industrial Tribunal, as the case may be, acquainted with the facts of the case.

Provisos / explanations

No proviso/explanation was separately extracted from this rule.

Thresholds & timelines

No explicit day/month/year/hour/percentage/rupee expression was detected in this rule text.

Mapped Code sections

Section 91

Full notified text — Rule 40

English rule text transcribed from the final official 2026 Gazette PDF; layout is normalised for web reading. The Gazette controls.

40. Complaint by aggrieved employee.– (1) Every complaint of an aggrieved employee under section 91 of the Code
shall be made in Form-XVI electronically, or by speed post and shall be accompanied by as many copies thereof for
each of the opposite parties mentioned in such complaint.

(2) Every complaint under sub-rule (1) shall be verified by the aggrieved employee making the complaint or by the
authorised representative of such employee to the satisfaction of the conciliation officer, arbitrator, Tribunal or the
National Industrial Tribunal, as the case may be, acquainted with the facts of the case.

Application and evidence

Primary statutory test — (1) Every complaint of an aggrieved employee under section 91 of the Code shall be made in Form-XVI electronically, or by speed post and shall be accompanied by as many copies thereof for each of the opposite parties mentioned in such complaint.
Additional operative limb — (2) Every complaint under sub-rule (1) shall be verified by the aggrieved employee making the complaint or by the authorised representative of such employee to the satisfaction of the conciliation officer, arbitrator, Tribunal or the National Industrial Tribunal, as the case may be, acquainted with the facts of the case.
Code Section mapping — 91. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
Prescribed-form link recorded in the corpus — XVI. Confirm the current notified form/version before filing.
Evidence file — retain facts and records proving the role/status of: Employee / worker, Tribunal.

Cross-references & prescribed forms

Sections cited/mapped

Section 91

Forms

XVI

Worked example

When an event triggers complaint by aggrieved employee, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “(1) Every complaint of an aggrieved employee under section 91 of the Code shall be made in Form-XVI electronically, or by speed post and shall be accompanied by as many copies thereof for each of the opposite parties mentioned in such complaint.” Reconcile the mapped Code Section(s) 91. Use the current notified XVI where the process requires it.

Illustrative only. Use the exact notified rule, prescribed form and competent authority.

Q&A — Rule 40

What is Rule 40 of the Industrial Relations (Central) Rules, 2026?

What does Rule 40 require or permit?

A principal operative clause extracted from the notified rule is: “(1) Every complaint of an aggrieved employee under section 91 of the Code shall be made in Form-XVI electronically, or by speed post and shall be accompanied by as many copies thereof for each of the opposite parties mentioned in such complaint.” Read it with all sub-rules and provisos below.

Does Rule 40 contain a proviso or explanation?

No standalone proviso or explanation was extracted from this rule text. Check the complete rule below for clause-level conditions.

What deadline, period, percentage or amount appears in Rule 40?

No explicit day/month/year/hour/percentage/rupee expression was detected in this rule text.

Which Code sections are linked to Rule 40?

The current concordance maps Rule 40 to Section(s) 91.

Which form is connected with Rule 40?

The current corpus records: XVI. Confirm the current notified version before use.

When did Rule 40 come into force?

The final Central Rules were notified as G.S.R. 342(E), 8 May 2026; Rule 1 states that the Rules come into force on publication. Check any later amendment or corrigendum before reliance.

Primary sources

Industrial Relations (Central) Rules, 2026 — official Gazette PDF ↗

Industrial Relations Code, 2020 — India Code ↗

Source check: 20 August 2026.

Jurisdiction note: This is the Central Rule corpus. Check State rules/notifications where the State Government is the appropriate Government and check later Gazette amendments before acting.