Rule 40 — Complaint by aggrieved employee

Rule-level Gazette text, enabling sections, prescribed forms, owner, evidence and consequence.

Legal identity

InstrumentIndustrial Relations (Central) Rules, 2026

Rule40

ChapterCHAPTER XIII — MISCELLANEOUS

Effective8 May 2026

Open official Gazette PDF

Exact rule text

Exact Gazette text extracted from the official English notification

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.

Code concordance

Primary operative section

Section 91Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings

Forms and records

Form XVISee Rule 40

Implementation owner

HR/employee relations with legal review and the authorised signatory specified by the rule.

System control

Create a workflow that blocks completion until every mandatory field, attachment, service method and timeline is satisfied.

Evidence

Preserve the exact filed form, annexures, electronic receipt, delivery proof, hearing material and final order.

Failure consequence

The underlying Code section may create invalidity, compensation, appeal, recovery, unfair-practice or penalty exposure.